ML19289E702

Reply by Applicants to NRC 790420 Motion for Extension of Time & to Citizens for Equitable Utils 790422 Motion for Continuance.Both Motions Are Unnecessary & Unreasonable. Certificate of Svc Encl

ML19289E702
Person / Time
Site:	South Texas
Issue date:	04/27/1979
From:	Culp R, Newman J, Schwarz M BAKER & BOTTS, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7905290002
Download: ML19289E702 (5)

Text

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. -a* NRC PUBLIC DOCmENT R061I

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UNITED STATES OF AMELICA 6 NUCLEAR REGULATORY COMMISSION fj 't px ~ . [

'.k..py, , f BEFORE THE ATOMIC SAFETY AND LICENSING BOA r,j m  ; s, ', s, J .j j , '~ /

In the Matter of )

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HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498-OL COMPANY, E__ _T A_ L . ) 50-499-OL

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(South Texas Project, )

Units 1 and 2) )

APPLICANTS' REPLY TO MOTION FOR EXTENSION OF TIME BY NUCLEAR REGULATORY COMMISSION STAFF AND MOTION FOR CONTINUANCE BY CITIZENS FOR

. EQUITABLE UTILITIES, INC.

Applicants have been served with a " Motion for Extension of Time to Negotiate Contentions with CEU and CCANP," dated April 20, 1979, and filed by the Nuclear Regulatory Commission Staff ("the Staff Motion") and a " Motion for Continuancc" served April 22, 1979, by Citizens for Equitable Utilities, Inc. ("the CEU Motion").

The Staff Motion requests "that the date for reporting to the Board with regard to agreement on the wording of con-tentions ruled on by the Board, as well as the date for a stipulation or further information on those contentions not finally ruled upon be extended 21 days, from May 8, 1979 to May 29, 1979." As the Staff Motion states, Applicants were contacted and have no objection to the extension requested in the Staff Motion.

2045 061 7905290002

The CEU Motion requests "that a 30-day continuance be granted," without specifying whether the thirty (30) day period would extend from: (i) April 20, 1979, the date on which this Board's Order of April 3, 1979, was received by Citizens for Equitable Utilities, Inc., according to the CEU Motion; (ii) April 22, 1979, the date on which the CEU Motion was served; or (iii) May 8, 1979, the date originally ordered by this Board according to the Staff's computation pursuant to 10 CFR S2.710.

Applicants urge that the CEU Motion should be treated as a request for a continuance of thirty (30) days from either April 20, 1979, the date this Board's Order of April 3, 1979, was apparently received by Citizens for Equitable Utilities, Inc., or from April 22, 1979, the date the CEU Motion was served. On this basia the CEU Motion would involve a continuance or extension to May 20, 1979 or May 22, 1979, and would be rendered moot by the granting of the Staff Motion (i.e., ...that the date for reporting to the Board with regard to agreement on the wording of contentions ruled on by the Board as well as the date for stipulation or further information on those contentions no't finally ruled upon be extended...to May 29, 1979.")

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I Applicants object to the extension of said dates beyond May 29, 1979, as being both unnecessary and unreason-able in view of the facts asserted in the CEU Motion.

Respectfully submitted,

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Melbert D. Schwarz Charles G. Thrash, Jr.

3000 One Shell Plaza Houston, Texas 77002 OF COUNSEL: Jack R. Newman Harold F. Reis BAKER & BOTTS Robert H. Culp 3000 One Shell Plaza 1025 Connecticut Avenue, NW Houston, Texas 77002 Washington, DC 20036 LOWENSTEIN, NEWMAN Attorneys for Applicant REIS, AXELRAD & TOLL HOUSTON LIGHTING & POWER COMPANY 1025 Connecticut Avenue Project Manager of the South Texas Washington, DC 20036 Project, acting herein on behalf of itself and the other Applicants, THE CITY OF SAN ANTONIO, TEXAS, acting by and through the City Public Service Board of the City of San Antonio, CENTRAL POWER AND LIGHT COMPANY and THE CITY OF AUSTIN,' TEXAS Dated: April 27, 1979 704,3

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

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HOUSTONG LIGHTING & POWER ) Dockets Nos. 50-498-OL COMPANY, ET AL. ) 50-499-OL

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(South Texas Project, ) -

Units 1 and 2) )

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CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' Reply to Motion for Extension of Time by Nuclear Regulatory Commission Staff and Motion for Continuance by Citizens for Equitable Utilities, Inc., were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this 27 th day of April, 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 OQk)

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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.

Baker and Botts 1701 Pennsylvania Avenue, NW Washington, D.C. 20006 Ms. Peggy Buchorn, Executive Director Citizens for Equitable Utilities Route 1, Box 432 Brazoria, Texas 77422 Mr. Lanny Alan Sinkin Citizens Concerned about Nuclear Power 838 E. Magnolia 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 Mr. D. Michael McCaughan 3131 Timmons Lane Apartment #254 Houston, Texas 77027 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Chase R. Stephens Docketing and Service Section Office of the Secretary of the Commission U.S. Nuclear Regulatory Ccmmission Washington, D.C. ,_20555 fjf

,U b r,f* - - nWJ MELBERT D. SCHWARZ Date: April 27, 1979