ML19268B829

Responds to Applicant 790509 Motion for Supplementary Notice of Intervention Procedures.Approves of Motion,But Seeks Two Amends Re Restrictions in Motion Limiting Contentions & Time Given to Potential Intervenors

ML19268B829
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	05/22/1979
From:	Potthoff F AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7906210249
Download: ML19268B829 (2)

Text

NRC PUBLIC DOCUMENT ROOM

. . in tha Matter of HOUSTON LIGHTING e. NWil COEFaN1

( Allens Creek Nuclear Genarating Station)

Dockat No. 50 A6o eg l i%

s s o.e.e.s a w e. w w n.e s s s s et

- RESPONSE TO nPFLEidE'S e4/=

z o/4 M 95005027 nmos Fca Sur3uuma ames v N, 6

ce On May 9, the. Applicant has filed a motion for a supple mentary notica of intervention procedures. My feelings on this is mixed, for while the. motion is a commendahle attempt by tha Ap plicant to insure full public participation in the Allens Creek hearings, two conditions attached to the notion seem to unfairly limit the scope: of potential and acknowlegged interventions, which isn't good practice. for estahl 4 *hing a good public record.'.

First, the Applicant proposes any person responding to the supplementary notica must file an affidavi.t stating sha didn't petition for leave. ta intervene becausa of the restrictions limiti g contentions. to new evidence or changes in the plant.

I strongly question the logic of this precedure, for it saens to be aimed at limiting interventi.on, rather thnn encouraging it in order to establish a good,public record. How any people will be willing to try to intervene if it appears to them they will be hcgged down in legal dccuments? I aisc question the idea potential intervenors cuat prove they were inticidated by the

-card's prior condi.tions. The 5cari was tha one. that issued restrict.Lons that unduely ' i e ted interventions. Any burden of proof should be.on tha Soard.

7906210 0l Seccnd, the Applicant proposes that any pctential inSr;lJ -

vercre be given until some unspecified date ir June to file

conter:tions. This is unfair to. se and the other intervenors.

We should have this extra time too, since again 1.t is by no fault.of tha intervenors that a new notice of intervention should be- issued. The applicant say argue this would taka up

, too cuch tine 3 but 1.f we cust wai.t for potential intervenora to file contentions. some11:a in June, this will. postpone the prehearing cor:ference; anyway. No. time will be Lost.- '

I ask the Board to enaot the. Applicant's motton with these tuo Wand ments.

An American Citizen,

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. ,; A n

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F. L Potthoff III 1814 Pine V til age Houston, Texas 77080 95005028

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