ML19273B467
| ML19273B467 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 03/05/1979 |
| From: | Newman J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Bechhoefer C, John Lamb, Luebke E AFFILIATION NOT ASSIGNED, Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7904060466 | |
| Download: ML19273B467 (5) | |
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March 5, 1979
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Charles Bechhoefer, Esq.
Dr. Emmeth A.
Luebke Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.
S.
Nuclear Regulatory Commission U.
S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Dr. James C.
Lamb, III 313 Woodhaven Road Chapel Hill, North Carolina 27514 In the Matter of Houston Lighting & Power Company, et al.
(South Texas Project, Units 1 & 2)
Docket Nos. 50-498-OL and 50-499-OL
Dear Members of the Board:
This refers to the " Applicants' Response to Petition for Leave to Intervene of Citizens for Equitable Utilities, Inc.,"
which was filed and served on the parties on March 2, 1979.
By inadvertence a line was omitted from page 10 of that document.
A corrected page 10 with the missing line rein-serted is transmitted herewith.
Sincerely, W
Jack R.
Newman Attorney for Applicants Enclosure JR'i: s gb cc (w/ encl.):
See attached Certificate of Service 7904060466
(Corrected) contention should be denied.
The Commission has declared that, "an operating license proceeding should not be utilized to rehash issues already ventilated and resolved at the construction permit s tage. "
Alabama Power Company (Joseph M.
Farley Nuclear Plant, Units 1 and 2), 7 AEC 203 (1974).
Contention 5 Contention 5 and Contention 6 both relate to radio-logical emissions from the plant in normal operation.
They wholly ignore the extensive consideration that was given to this issue in both the Partial Initial Decision of August 8, 1975, and the Initial Decision of December 17, 1975, relating to the issuance of the construction permits for the South Texas Project units.
2 NRC 271, 286-288; 2 NRC 894, 907-910.
In the latter decision the Board expressly concluded that "the proposed liquid and gaseous radioactive management systems for South Texas Project Units 1 and 2 will satisfy the requirements of Appendix I to 10 CFR Part 50 and there-fore are acceptable."
2 NRC 894 at 909.
Contention 5 makes no reference to this finding of compliance with Appendix I.
Rather, it asserts that "due to the unusually high and relatively continual humidity level in the area.
airborne emissions will be precipitated out over a closer diameter to the plant
" and "the danger is accordingly increased because of the concentration of those toxicants."
However, the contention does not
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY CCP24ISSION BEFORE THE ATOMIC SAF' rY AND LICENSING BOARD In the Matter of
)
)
HOUSTON LIGHTING & POWER
)
Docket Nos. 50-498-OL COMP ANY, et al.
)
50-499-OL
)
(South Texas Project,
)
Units 1 & 2)
)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the letter of the undersigned to the members of the Licensing Board dated March 5, 1979, in the above-captioned proceeding were served on the following by deposit in the United States mail this 5th day of March, 1979:
Charles Bechhoefer, Esq.
Chairman Atomic Safety and Licensing Board U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555 Dr. James C.
Lamb, III 313 Woodhaven Road Chapel Hill, North Carolina 27514 Dr. Emmeth A.
Luebke Atomic Safety and Licensing Board U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555 Henry J. McGurren, Esq.
Hearing Attorney Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Richard W.
Lowerre, Esq.
Assistant Attorney General for the State of Texas P. O. Box 12548 Capitol Station Austin, Texas 78711 Honorable Burt O'Connell County Judge, Matagorda County Matagorda County Court House Bay City, Texas 77414 R. Gordon Gooch, Esq.
1701 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 Coral R.
Ryan Citizens Concerned About Nuclear Power 414 Kings Court #C San Antonio, Texas 78212 Mr. David Marke 3904 Warehouse Row Suite C Austin, Texas 78704 Austin Citizens for Economical Energy c/o Mr. David Marke 3904 Warehouse Row Suite C Austin, Texas 78704 D. Michael McCaughan 3131 Timmons Lane Apartment #254 Houston, Texas 77027 Atomic Safety and Licensing Appeal Board U. S.
Nuclear Regulatory Commission Washington, D.C.
20555 m
-ameo-,
Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Chase R.
Stephens Docketing and Service Secticn Office of the Secretary of the Commission U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555 Mrs. Peggy Buchorn Executive Director Citizens for Equitable Utilities, Inc.
Route 1, Box 432 Brazoria, Texas 77422 M~
ack R.
Newmah Dated:
March 5, 1979
_