ML19289F229
| ML19289F229 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 04/13/1979 |
| From: | Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7906040445 | |
| Download: ML19289F229 (3) | |
Text
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,/ 7 UNITED STATES OF AMERICA i
"'~ g fiUCLEAR REGULATORY CC:"1ISSION
, 'l FEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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t In the Matter of
)
)
HOUSTON LIGHTING AND POWER
)
COMPANY
)
Docket No. 50-466 CP
)
(Allens Creek Nuclear Generating
)
Station, Unit 1)
)
ORDER 1.
An undated f!otion To Postpone Further Action Except For Dis-covery has been filed by Texas Public Interest Research Group.
Applicant's response in opposition thereto was filed on April 5, 1979.
On April 4, 1979, Mr. John Doherty filed a Motion For Postponement Of The Pre-Hearing Conference.
Applicant opposed the granting of the Doherty Motion in a letter dated April 6,1979.
In an Order dated April 6, 1979, because of the Appeal Board's decision on April 4, 1979 in ALAB-535, we cancelled the prehearing con-ference previously scheduled to be held on April 18, 1979.
- Further, because of ALAB-535, in our Mencrandum and Order of April 11, 1979, we rescinded previously ordered due dates for the completion of discovery but directed that discovery should proceed and be concluded as expeditiously as possible.
Thus, the instant motions have been substantially mooted.
Fur-ther, the Commission has not directed postponements of on-going proceedings until the Three Mile Island inquiry has been completed and there is no reason to postpone any future prehearing conference since motions for leave to file new contentions may be filed, and may be granted upon balancing of the factors in s 2.714(a)(1).
The motions are denied.
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. 2.
In its letter of April 6,1979, Applicc.ut informally moved that we reconsider our Order of April 6,1979 which cancelled the April 18th prehearing conference.
The tiRC Staff opposed the motion in a letter dated April 12, 1979.
The Staff's opposing arguments are well-taken, and accordingly, Applicant's Motion is denied.
Pending the disposition by the Appeal Board of Applicant's Motion For Reconsi-deration filed on April 12, 1979, and thereafter, the Board trusts that the parties and the petitioners will meet and/or communicate with one another in an effort to resolve any differences in order that the prehearing conference, to be held at a later date, will be fruitful.
3.
On April 2,1979, PIRG filed a Motion To Take Contentions Of Intervenor, John R. Shreffler.
Therein, noting that Mr. Shreffler's Contentions 2 and 3 as reworded by the Board had been admitted in our Order of February 9, 1979 but that he had withdrawn as a party (see Order of March 26. 1979), PIRG requested leave to adopt these two contentions as its own.
The Motion is denied.
It is the practice of Licensing Boards to retain admitted contentions of a party that has withdrawn.
See, for example, Long Island Lighting Comoany, et. al.
(Jamesport tiuclear Power Station, Units 1 dnd 2), LBP-78-17, 7 flRC 826, 832 (1978).
Accordingly, the Shreffler Contentions 2 and 3 as reworded are retained by the Board and will be treated as Board Questions, and, pursuant to florthern States Power Comoany (Prairie Island fluclear Generating Plant, Units I and 2), ALAB-244, 8 AEC 857, 859 (1974),
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, parties to this proceeding have full participational rights including that of the presentation of affirmative evidence.
Discovery procedures regarding these two Board Questions shall be initiated immediately and concluded as expeditiously as possible.
FOR THE ATOMIC SAFETY AND LICENSING BOARD O\\dN2s
/
Sheldon J. Woird, Esquire Chairman Dated at Bethesda, Maryland this 13th day of April, 1979.
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