ML19289F179

Motion to Postpone,Until Investigation of TMI-2 Is Completed,All Further Action in Hearing Process,Except for Discovery.Certificate of Svc Encl

ML19289F179
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	04/02/1979
From:	Jeffrey Scott TEXAS PUBLIC INTEREST RESEARCH GROUP
To:
Shared Package
ML19289F180	List: ML19289F179 ML19289F187 ML19289F190
References
NUDOCS 7906040383
Download: ML19289F179 (3)

Text

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NRC PUBLIC DOCUMEMI g M 6_tf.- '%,g UNITED STATES OF AIERICA -

NUCLEAR REGULATCR? CC:GISSIC:!

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(Allens Creek) l'DT.I.C.IE. .T.C.: .PC.S.T. PONE FURTHER ACTION EXCEp? FOR DISCOVERY The Ecar ' has issued an Order that allowed only 45 days for all discovery to be completed. This time will end on April 2,1979 as the order now stands. Further the Board has set April 18,1979 as the date of a prehearing conference to be held at 9:30 AM in room 7740 of the Fed.eral Building at 515 Rusk in Houston. For many reasons which will be listed below, we request that these deadlines be posponed.

Since the nuclear accident near Harrisburg, Penn.that occurred on Vled. March 28,1979 it is clear that both the HRC and we need much additional time to prepare properly for a prehearing conference.

Even before the accident it was clear that 45 days wculd not be sufficient time to complete discovery even without '>he newly admitted contentions. As unfunded citizen intervenors it is very difficult to properly respond to the many motions and requests for discovery and still locate e:gert witnesses and prepare testimony for the hearing.

Houston Lighting and Power has properly pointed out that all interven-ors can e:gect this burden, but the !!RC Rules and Procedure state that citizen intervenors will be held to a less strict standa-d of time and procedure even when represented by inexnerienced attorneys.To date we have received only one set of answers from the applicant and none from either the URC or the State of Texas. 'lle do not even have one e:gerferitness for each contention despite requests for help sent to over tvrenty organizations and =any local contacts. After e:gert witnesses have been obtained it will be necessary for then to at least read the pcrtions of the ER cnd 7E3

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that ;ertain c their :cntenti:ns. Chan they will nee; :: sn: f:11: 7-u; interrc;2teri23. . ti:ns :c pr duce :n arrange tc read the se d: u. In:-

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4 in their possession it will be necessary to go to their offices to see the =aterials. Since citisen intervenors cust vork during the

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discovery. Since the Applicant and to soce extent the "RC have been very vague in the ER and FZ3 as to the basis of many of their con-clusions it is very important that the intervenors are able to complete a thorough discovery. It is esticated that at least 60 addit-ional days after April 2,1979 sould be needed just to complete the discovery on the original contentions. -

The need for further discovery time has been increased because of newly admitted contentions and other contentions throught likely to be accepted. Additionally new parties have been accepted and it has been reco = ended by the NRC Staff that still other parties be .

accepted as parties. Since the new parties and contentions will require additional discovery time, there will be little if any delay caused by allowing additional time for discovery for the original parties.

It is clear that 'the site visits can not be completed before April 2,1979, yet they will likely point to the need for still further discovery after the visits. For many of the contentions it will be int.ortant for the expert witnesses to visit the sites s so that no visits should take place until at least one expert is retained so -

that they =ay visit the sites with which they are enpected to testify.

Probably the most certain need for additional discovery time has been generated because of the Earrisburg nuclear accident this past week. It is certain that the URC and Congress will be holding hearings, changing safety requirocents and regulations such that additional issues will need to be considered in this proceeding.

Not only will the 3RC Staff's time need to be spent in studying the accident and its resultant changes in requirements, but also it would be a waste of time to hold hearings or stop discovery then be forced to repeat the process.The recent accident has already shown that at least 6 equiptnent *d '"-as and two cases o f human error u..,..,. . u ~..=... .. ~,nn

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This time viill not be lost in any sense because the :;EC must revise their Safety Evaluation Report v:hich still has not been received, and the Applicant must supplement their ER so the IIRC can supple =ent the FES to properly consider alternative sites. The other agencies and public cust then be allovted to reviert and coc=ent on the nevt Supplemental FES's. Further there is no doubt that the intervenors need the additional time to properly prepare so that a meand ngful and useful public hearing may take place.

Respectfully submitted,

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' Games Morgan Scozz, Jr.

Attorney for Tex PIRG 8302 Albacore Houston, Texas 77074 (713) 771-7606 g4 ;

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