ML19270H327
| ML19270H327 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 05/17/1979 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7906260205 | |
| Download: ML19270H327 (5) | |
Text
W n o p,E TC D o c g R T n o g g
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05/17/79
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UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION s
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BEF0 M THE ATOMIC SAFETY AND LICENSING BOARD
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TEXAS UTILITIES GENERATING COMPANY, ET AL. )
Docket Nos. 50-445
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50-446 (Comanche Peak Steam Electric Station,
)
Units 1 and 2)
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NRC STAFF MEMORANDUM REGARDING CONTENTIONS AND FURTHER ANSWER TO ACORN /WTLS PETITION FOR LEAVE TO INTERVENE In accordance with this Board's Order Relative to Motion for Continuance, dated May 9,1979, the NRC Staff hereby submits its posilion regarding the adequacy of contentions filed by the respective petitioners in this proceeding pursuant to 10 CFR 52.714(b).
In addition, the Staff offers additional comments regarding the further amendment to the petition for leave to intervene set forth in the Supplemental Petition and Contentions of Intervenors, ACORN, Mary and Clyde Bishop and Oda and William Wood (Supplemental Petition).O I.
AMENDMENT OF ACORN /WTLS PETITION Before addressing the contentions advanced by each of the petitioners, the Staff will present its further views on the petition for leave to intervene U.The Staff does not wish to supplement its responses to the petitior.s for leave to intervene filed by CFUR and CASE on the matter of standing at this time; we will, of course, be prepared to fully discuss our position on each of the petitions at the upcoming prehearing conference.
We would note that, once again, ACORN did not serve the Staff with its latest filinq. a cooy of which was obtained from the Board's secretary en 'W i5.
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c.4 a;k tr.a- ;"e Boarc acconisn ACO3N to assure tna: full service of all appropriate documents is made since failure to do so deprives responding parties of an opportunity to devote suff.icient time to preparing a meaningful response.
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filed by ACORN /WTLS, in light of the modifications to it set forth in paragraph 81 of the Suppelemental Petition and the attached affidavit.
First, we would observe that the Supplemental Petition appears to alter the designation of the petitioners to substitute Mary and Clyde Bishop and Oda and William Wood for West Texas Legal Services (WTLS).
Such substitution comports with the position of the Staff reflected in its Answer to Joint Petition for Lea"e to Intervene by ACORN and WTLS (Staff Answer), served on April 19, 1979 (at pages 8-9), that the Bishops and Woods, as the real parties in interest, should be substituted for WTLS which, as a legal service agency has no membership constituency to represent. As previously stated ( M.), these individuals have established their standing sufficiently to warrant their participation as parties as a matter of right.
As concerns ACORN, the Supplemental Petition attaches the affidavit of Ms. Ruth Martin. Ms. Martin therein avers to her residence in Fort Worth, approximately 35 miles from the Comanche Peak facility; that she is.a member of ACORN and authorizes the organization to represent her in this proceeding; and, that her health and safety would be imperiled by radioactive emissions from the facility under both normal' and accident conditions. On the basis of these representations, the Staff is of the opinion that ACORN has adequately demonstrated its standing to intervene in this proceeding as a matter of right, pursuant to 10 CFR 92.714.
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II. CONTENTIONS As provided by this Board's Order, supra, the Staff will confine its consideration of contentions to assessing whether, in our view, "there is one or more acceptable contentions for each of the parties."
(Order at 3). See Mississippi Power & Light Co. (Grand Gulf Nuclear Station, Units 1&2), ALAB-130, 6 AEC 423, 424 (1973); 10 CFR 82.714(b).
Based on our review of the contentions advanced by each petitioner, the Staff finds that the contentions have not been set forth with the clarity desired and are frequently intertwined with the basis given. We do, however, perceive a common issue which each petitioner seeks to raise, namely, quality assurance / quality control.
Each has presented extensive discussion of bases to support its version of this contention.
For l
purposes of clarity and convenience, however, we believe it appropriate to consolidate the various concerns into a single statement. Consequently, we have rewritten the several contentions of the petitioners on quality assurance / quality control (CFUR contention IV, CASE contention 19 and ACORN, et al. contentions 16,17,18 and 19) to state what the Staff believes is an acceptable contention encompassing all of the concerns expressed:
The applicant's failure to adhere to the quality assurance /
quality control provisions required by the construction per-mits for Comanche Peak, Units 1&2, and the requirements of Appendix B of 10 CFR Part 50, and the construction practices employed, specifically in regard to concrete work, welding, inspection, materials used and craft labor qualifications, have raise subs:antial questions as to :na ewcy of t'.;
c construction of the facility. As a result, tne Commissicn j
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' cannot make the findings required by 10 CFR 50.5h(a')
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necessary for issuance of an operating license for Comanche Peak.
The Staff recommends acceptance of the foregoing contention in lieu of the several contentions of the respective petitioners enumerated above, as the basis for admission of each petitioner as a party.
In so doing, we reserve the right to seek further clarification of the Staff's proposed contention as a result of subsequent discussions with each intervenor.
III. CONCLUSION Based on the foregoing, the Staff (1) believes that ACORN and Mary and Clyde Bishop and Oda and William Wood have adequately established their standing to intervene in this proceeding as a matter of right and (2) recommends that CASE be admitted as an intervenor, that ACORN and Mary and Clyde Bishop and Oda and William Wood be admitted as joint intervenors, and that CFUR be admitted as an intervenor, on the basis of the contention proposed by the Staff above, each of the petitioners having satisfied the requirements of 10 CFR 52.714 respecting standing and having set forth at least one good contention.
With respect to the remaining contentions advanced by each of the respective intervenors, the Staff intends to meet with them in an effort to arrive at a stipulation on one or more. We reserve the right to reply to these contentions at the conclusion of these efforts and request further appropriate measures, such as consolidation, at that time.
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Rey 6ectfully Abmf tted, Y4
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'Lav,rence J. Gudr Counsel for NRC Staff Dated at Bethesda, Harvland this 17th day of May,1979 2318 229
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
)
)
TEXAS UTILITIES GENERATING COMPANY, ET AL. )
Docket Nos. 50-445
)
50-446 (Comanche Peak Steam Electric Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MEMORANDUM REGARDING CONTENTIONS AND FURTHER ANSWER TO ACORN /WTLS PETITION FOR LEAVE TO INTERVENE" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class; or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission 's internal mail system; or, as indicated by a double asterisk, via Postal Express, this 17th day of May,1979:
Elizabeth S. Bowers, Esq., Chairman
- Richard W. Lowerre, Esq.
Atomic Safety and Licensing Board Assistant Attorney General U.S. Nuclear Regulatory Commission Environmental Protection Division Washington, DC 20555 P. O. Box 12548, Capitol Station Austin, TX 78711 Lester Kornblith, Esq. Member
- Atomic Safety and Licensing Board Mrs. Nancy Holdam Jacobson**
U.S. Nuclear Regulatory Commission CFUR Washington, DC 20555 1400 Hemphill Fort Worth, TX 76104 Richard Cole, Esq., Member
- Atomic Safety and Licensing Board Mr. Richard Fouke**
U.S. Nuclear Regulatory Commission 1668-B Carter Drive Washington, DC 20555 Arlington, TX 76010 Nicholas S. Reynolds, Esq.
Atomic Safety and Licensing Board Debevois & Liberman Panel
- 1200 17th Street, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 Mrs. Juanita Ellis**
Atomic Safety and Licensing Appeal President, CASE Panel (5)*
1426 South Polk Street U.S. Nuclear Regulatory Commission Dallas, TX 75224 Washington, DC 20555 Mr. Geoffrey M. Gay **
Docketing and Service Section (4)*
West Texas Legal Services Office of the Secretary 406 W. T. Waggoner Building U.S. Nuclear Regulatory Commission 810 Houston Street Washington, DC 20555 Fort Worth, TX 76102
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/ oseph R. Gray
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