ML19270G212

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Request by Util That Jf Doherty Be Given Notice to Comply W/Aslb 790411 Order within 30 Days from Date of Order
ML19270G212
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 04/27/1979
From: Copeland J
BAKER & BOTTS
To: Cheatum E, Linenberger G, Wolfe S
AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel
Shared Package
ML19270G213 List:
References
NUDOCS 7906050144
Download: ML19270G212 (2)


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BAKER & BOTTS ON E S M CLL SLAZA MousTC N, TEXAS 77co2 waSa NGTON OFFICE TELEX 76 2779 17 C I 8 E N N S Y LV A Nia AV E.. N. #.

T CLECO M WV NICAT1C N waSMiNGTO N. C. C. 2 0C0 6 (713) 229-1523 HOUSTON TE6E8 MON E 1202? 4 57-$ 5C0 (202)457 5531 WasninGT0m.0.C.

q pcfni April 27, 1979 m>_c VWc TfC Sheldon J. Wolfe, Esq., Chairman Atomic Safety and Licensing Board Panel 02 U. S. Nuclear Regulatory Commission Washington, D. C.

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E. Leonard Cheatum Route 3, Box 350A Il g@

Watkinsville, Georgia 30677 e*

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Mr. Gustave A. Linenberger Atomic Safety and Licensing w

a Board Panel O'

U. S. Nuclear Regulatory Commission Washington, D. C.

20555

Dear Members of the Board:

I am in receipt of the attached letter from Mr.

John F.

Doherty wherein Mr. Doherty notified the Board that he has not received certain orders issued by the Board.

Although Mr. Doherty has not filed a formal notice requesting additional time in which to respond to the Board's order of April 11, 1979, I am concerned that the letter may be con-strued as a representation by Mr. Doherty that he plans to unilaterally construe the Board's order and regulations as giving him 30 days frem the date of receipt of the April 11 order in which to perfect his contentions.

Mr. Doherty has not disclosed to the Board that he is the Acting Director of Tex?irg.

He should, therefore, be put on notice of the Board's order by virtue of the fact that the order was served on TexPirg through its attorney, Mr. Scott.

Accordingly, Mr. Doherty cannot (and has not attempted to) demonstrate that he was somehcw harmed by failure to receive his own copy of the Board's order of April 11.

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BAKE A & BoTTs Page 2 For these reasons, I respectfully request that the Board put Mr. Doherty on notice that he is obligated to comply with the Board's order of April 11 within 30 days from the date of that order.

Respectfully submitted,

,s yf Gregory Cope _and Attorney for Houston Lighting & Power Company JGC/66 cc:

All parties

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