ML19282A837

Responds to 790130 Petition of K Hooker for Suspension of Proceedings.Urges Denial of Petition as Erroneous & Irrelevant.Certificate of Svc Encl

ML19282A837
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	02/09/1979
From:	Culp R, Newman J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7903070154
Download: ML19282A837 (6)

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NRC PUDLIC DDP' ':'E ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466

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) ,s "I Gi (Allens Creek Nuclear Generating ) /<P Station, Unit 1) ) [ t-r,

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APPLICANT'S RESPONSE TO g F EO l') --

" PETITION FOR SUSPENSION OF PROCEEDINGS" s cyj fN*M,,*, j FILED BY KATHRYN HOOKER W, v**

<b Applicant has received from Petitioner Kathryn Hooker a

" Petition for Suspension of the Proceedings" dated January 30, 1979. The Petition seeks an indefinite suspension of the ACNGS proceeding based upon the "NRC's rejection of the Reactor Safety Study" (WASH-1400).

The Petition proceeds from a gross misapprehension as to the significance of WASH-1400 and the Commission's rejection thereof:

(i) Paragraph 2 suggests that the " class 9 accident" concept derives from WASH-1400. That is not true. The " Class 9" concept appeared first in 1971 as an Annex to Appendix D, the precursor of 10 CFR Part 51 (36 Fed. Reg. 22851, December 1, 1971). The Rasmussen study did not appear--even in draft form--

until the summer of 1974. (39 Fed. Reg. 30964, August 27, 1974)

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Thus the assertion in paragraph 2 of the Petition that

" rejection of the Reactor Safety Study calls into question the validity of Houston Lighting and Power's safety and environmental studies" [because of its use of the Class 9 accident concept] is in plain error.

(ii) The " rejection" of WASH-1400 is, moreover, entirely irrelevant to the ACNGS proceeding. In issuing the draft WASH-1400 for review in 1974, the Commission stated:

". . . [I] t is the interim position of the Commission that, pending com-pletion and detailed evaluation of the final study, including public comment thereon, (1) no changes in the Com-mission's safety or environmental regu-12 :ic r.2 pertaining to nuclear power plants are now warranted, (2) the Com-mission's existing requirements should not be relaxed, and (3) the contents of cha uraft study are not an appro-priate basis for licensing decisions." (pl . )

In any event, the NRC has directed that a review be made of past regulatory decisions to ascertain the degree, if any, of their dependence on WASH-1400 accident estimates.

(Statement of Chairman Joseph Hendrie .at hearings before Senate Committee on Environment and Public Works, February 5, 1979.) The Commission has not instructed that current licensing and regulatory activities be suspended in the interim and, therefore, grant of Ms. Hooker's petition would be contrary to current Commission policy.

Finally, Petitioner fails to state in what way her interests would be harmed by continuation of the proceeding, other than an assertion that it would be " unwise" and that

" decisions reached in haste might subsequently be overturned, resulting in costly repetition of the proceedings."

The alleged harm is without substance. As noted above, there is nothing to indicate that the Commission's reevaluation of WASH-1400 will affect this proceeding. Petitioner's argu-ment seems to assume, however, that if the results of the re-evaluation are otherwise, this Board will not perceive the requirement for corrective action. This concern is totally unjustified on the record to date and, given the early stage of this proceeding, purely speculative.

For the reasons stated, the subject Petition should be denied.

OF COUNSEL: Respectfully submitted, LOWENSTEIN, NEWMAN, REIS kN /

AXELRAD & TOLL 1025 Connecticut Avenue, NW 1 Washington, DC 20036 ack R. Newmad Robert H. Culp BAKER AND BOTTS 1025 Connecticut Avenue, NW 3000 One Shell Plaza Washington, DC 20036 Houston, Texas 77002 J. Gregory Copeland Charles G. Thrash 3000 One Shell Plaza Houston, Texas 77002 Attorneys for Applicant HOUSTON LIGHTING & POWER COMPISY

Ci1TED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

HOUSTON LIGHTING L POWER COMPANY ) Docket No. 50-466

)

(Allans Creek Nuclear Generating )

Station, Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the Applicant's Response to " Petition for Suspension of Proceedings" Filed by Kathryn Hooker in the above-captioneu proceeding were ser'/ad on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 9 th day of February , 1979:

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney 3eneral Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, DC 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Hon. Jerry Sliva Route 3, Box 350A Mayor Watkinsville, Georgia 30677 City of Wallis, Texas 77485 Mr. Gustave A. Linenberger Hon. John R. Mikesha Atomic Safety and Licensing County Judge, Austin County Board Panel P. O. Box 310 U.S. Nuclear Regulatory Commission Bellville, Texas 77431 Washington, DC 20555 Chase R. Stephens Atomic Safety and Licensing Docketing and Service Section Appeal Soard Office of the Secretary U.S. Nuclear Regulator';

of the Commission Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555

R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, NW U.S Nuclear Regulatory Washington, DC .20006 Commission Washington, DC 20555 Steve Schinki, Esq. Kathryn Hooker Staff Counsel 1424 Kipling

'J . 3 . Nuclear Regulatory Commission Houston, Texas 77006 Washington, DC 20555 Lcis H. Anderson Gregory J. Kainer 3626 Boardmead 11113 Wickwcod Houston, Texas 77025 Houston, Texas 77024 Joe Archer, Esq. -

Lee Loe Combs, Archer & Peterson 1844 Kipling 1220 Americana Building Houston, Texas 77098 811 Dallas Street Houston, Texas 77002 D. Michael .'cCaughan 3131 Timmons Lane Emanuel Baskir Apartment 254 5711 Warm Springs Road Houston, Texas 77027 Hcusten, Texas 77035 Patricia L. Day Brenda McCorkle 2432 Nottingham 6140 Darnell Houston, Texas 77005 Houston, Te::as 77074 Jean-Claude De Brenaecker David Marka

'12 8 Addison Solar Dynamics, Ltd.

Houston, Texas 77030 3904 Warehouse Row Suite C Jchn F. Doherty Austin, Texas 78704 Armadillo Coalition of Texas 4438 1/2 Leeland D. Marrack Houston, Texas 77023 420 Mulberry Lane Bellaire, Texas 77401 Madeline Rass Franson F. H. Potthoff, III 4822 Waynesboro Drive 1814 Pine Villace Houston, Texas 77035 Houston, Texas 77080 Robert S. Framson Wayne E. Rentfro 4822 Waynesboro Drive P. O. Box 1335 Hcuston, Texas 77035 Rosenberg, Texas 77471 Stiven Gilbert, Esq. T. Paul Robbins 122 Bluebonnet C/O AFSC Sugar Land, Texas 77478 600 West 28th Street, #102 Austin, Texas 73705 Carro Hinderstein 1739 Link Terrace iouston, Te:- as 77025

James Scott, Jr.

93C2 Albacore Houston,. Texas 77074 Alan Vomacka, Esq.

Houston, Chapter, National Lawyers Guild 4803 Montrose Boulevard Suite 111 Houston, Texas 77006 Ann Wharton 1424 Kipling Houston, Texas 77006 Joe Yelderman, MD

?. O. Bc:. 30 3 Needville, Texas 77461 (i W 5