ML19289F317

Motion for Continuance So as to Comply W/Aslb 790403 Order Re Intervention.Certificate of Svc Encl

ML19289F317
Person / Time
Site:	South Texas
Issue date:	04/22/1979
From:	Buchorn P AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7906070223
Download: ML19289F317 (5)

Text

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NRC PUBLIC DOCUMENT ROOM J~

UNIED STATES OF AERICA lls 2  % -

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[.F . c- ,e i rj EEFORE THE ATOMIC SAFSTY AND LICENSING E0ARD Q g</ . -. M $

Q v Yv/ -lW IN TE MATIER OF ' l 2 *D HOUSTON LIGHTING AND PCNER DOCKET NCE 56-498 COMPANY, ET. AL. So-499 (SOUTH TEXAS PROJE0rS NOS. 112 i

MorION FOR CONTINUANCE NOW CCMES CITIZENS FOR EQUITABIE UTILITIES, INC. (CEU), INTERVENORS IN THE ABOVE CAPTIONED PROCEEDINGS, AND FIIES THIS ITS BRIEF IN SUPPORT (F A (30)

THIRTY DAY CONTINUANCE.

IN SUPPCRT OF THIS MOTION, CEU VOULD SHCV TE FOLLOWING:

CN APRIL 6,1979, DR. DONALD BEETH, AN EMPLOYES OF BROWN AND ROOT, THE CONIRACTOR OF RECORD FOR THE SOUTH TEXAS PROJECT, SERVED AS A PAh~s' LIST ON CHANNEL 8-HOUSTON VITH MRS. BUCHORN, DR. R. D. NEFF OF TEXAS A & M. AND MR. ANDREW SANSOM OF THE UNIVERSITY OF HOUSTON. AFTER THE TEIEVISION SHCW DR. BESTH MADE REFERENCE TO AN ORDER RULING ON INTERVENTION DATED APRIL 3,1979.

CEU HAD NOT RECEIVED THAT ORDER.

ON APRIL 10, 1979, MRS. BUCHCHN VAS INFORED BY A IEIEPHONE CALL THAT CCANP-SAN ANTONIO HAD RECEIVED THE CRDER BY MAIL ON 4-6-79. CEU HAD NOT.

ON APRIL 11, 1979, CCMMUNICATICI: FRCH ACEE-AUSTIN INFORMED MRS. BUCHORN OF 790eo70sts .

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RECEIPT OF SUBJECT DOCUMENT BY MAIL ON b7-79. CEU STILL VAS VAITING.

ON APRIL 12, 1979, NINE DAYS AFTER THE DATE OF TE ORDER, MRS. BUCHORN CALIED MR. H. J. McGURREN, NRC COUNSEL. MR. McGURREN ASSURED MRS. BUCHORN THAT INDEED THERE HAD BEEN A DECISION AND THAT CEU HAD BEEN GRAFTED INTER-VENTION AND TWO CONIENTIONS. MRS. BUCHORN STAIED TO MR. McGURREN THAT SHE HAD NOF RECEIVED NOTIFICATION BY MAIL AND THAT IT VAS IMPOSSIBIE TO REPLY TO SOMETHING THAT HAD Nor BEEN SEEN. MR. McGURREN ASSUBED MRS. BUCHORN THAT A COPT OF THE ORDER VOULD BE PIACED IN THE MAIL THE FOLLOWING MORNING,bl3-79.

DURING THAT CONVERSATION MR. McGURREN ARRANGED TO ASSIST MRS. BUCHORN IN CURING DEFECTS IN PHRASE 0 LOGY OF CEU'S ETITION.

ON APRIL 18, 1979, MRS. BUCHCHN RECEIVED A IELEPHONE CALL FROM MR McGURREN SEEXING TO CHANGE THE APPOINTMENT FRm MAY 2,1979 TO MAY 9,1979. TE REASON - TE APPLICANT HAD FILED A NOTICE OF APEAL OF THIS ORDER THAT CEU STILL HAD NOT RECEIVED. WHEN MRS. BUCHORN INFCRMED HIM OF THIS FACT, COUNSEL THEN SUCCESTED THAT MRS. BUCHORN GO TO TE POST OFFICE AND REQUEST A TRACE OF TE MAIL. MRS. BUCHORN ASKED FOR A TRACE TO BE INITIATED FOR TE ITEMS THAT SE HAD BEEN ASSURED HAD BEEN MAIIRD, FIRST CI b3-79 AND AGAIN ON bl3-79.

TE POSTMISTRESS STATED THAT IT WOULD BE WISE FOR A TRACE AISO TO BE INITIATED AT THE POINT OF ORIGIN AS TERE WAS UNCERTAINTT AS TO THE SIZE, NUMBER OF PACES, ETC. MRS. RICHORN IMMEDIATELT DROVE TE EIEVEN MIIES BACK TO ER HOME AND PIACED A CALL TO THE OFFICE OF MR. CHARIES BECHHGFER IN VASHINGTON. MR.

BECHHGFER'S SECRETART INFORMED MRS. BUCHORN THAT ALL DOCUMENTS VERE SENT TO T E DOCIETING AND SERVICE SECTION FOR MAILING. MRS. BUCHORN TEN CAT.TRD DOCETING AND SERY1CE IN VASHINGTON AND TALKED TO MR. CHASE suntss, EXPIAINING w

- o A =

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TE PROBEM. MR. SEPENS STATED THAT HE WOULD INVESTIGNIS AND CALL MRS.

BUCHORN LATER. SHORTLY TEREAFER MR. STEPHENS CALED MRS. BUCHORN. AND SAID THAT IT WAS TEIR FAULT THAT THE ORDER HAD NCfr BEEN MAILED. haS. BUCHORN TEN ASED HOW MANY ITEMS HAD NOT BEEN MAIED AND MR. SEPHENS SAID THFRE WERE POSSIBLY OTERS AISO. MRS. BU/: HORN T.EN SAID THAT SE V00LD PREPARE A M0rION FOR A CONTINUANCE AND MR. STEPHENS STATED THAT TE REQUEST WAS PROER UNDER TE CIRCUMSTANCES AND THAT E WOULD CALL MR. BEC20EFER AND ADVISE HIM OF TE PROBLEM.

ON APRIL 19, 1979, MRS BUCHORN RECEIVED IN Th2 MAIL A IEITER CONTAINING A NOTICE OF APEAL BY TE APPLICANT OF AN ORDER THAT SE STILL HAD N0r RECEIVED.

ON APRIL 20, 1979, THE ORDER ARRIVED AND MRS. BUCHORN AGAIN CALED WASHINGTON, THIS TIE TO INFORM MR STEPENS THAT TE ORDER, SEVENTEEN DAYS LATE, HAD ARRIVED.

ON APRIL 21, 1979, MRS. BUCHORN RECEIVED TE "APPUCAFIS MTW ON APEAL FRCH PREEARING CONEENCE ORDER RULING UPON INTERVENTION ETITIONS".

CEU FINDS IT ENTIRELY IMPOSSIBLE TO ACCOMPUSH THAT WHICH WOULD BE REQUIRED IN THE ORDER IN TE REMAINING TIME FRAME. IT IS TEREFORE TE POSITION OF CEU THAT A 30-DAY CONTINUANCE E GRAFIED FOR THE REASONS SET FORTH ABOVE.

VEREFORE, PREMISES CONSIDERED, CSU 1*?JLD PEAY THAT THE ATOMIC SAFETY AND U CENSING BOARD GRAFI THIS M0rION.

RESECTFULLY SUBMITTE

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1. 481 v d i O {} M g j' [ } y MRS. PEGGY EUCHORN, EIEC. DIR.

CITIZENS FOR EQUITABE UTI U TIES, INC.

ROUTE 1 BOX 432 BRAZCRIA, TEXAS, 77422 2233 071 3.

UNITED STAIES OF AMERICA NUCLEAS REGUIATORY C mMISSION BEFOE TE ATOMIC SAFETY AND LICENSING BOARD h

IN TE MATIER 07 HCUSTON LIGHTING AND F0WER DOCKET NOS. 5 M 98 COMPANT, ET AL. h S M 99 (SourH TEXAS PROJECT, UNITS 1 & 2) o i

CERTIFICAM OF SERVICE 4

I EREBT CERTIFY THAT COPIES OF MOTION FOR CONTINUANCE BY CITIZENS FOR EQUITABIE UTILITIES, INC. WERE SERVED ON TE FOLLGVING BT DEPOSIT IN TE UNITED STATES MAIL THIS 22_nd DAT OF APRIL, 1979:

CHARLES ECHMCEFER, ESQ., CHAIRM ATWIC SAFETT AND LICENSING BOARD U. S. NUCIEAR REGUIAT0itY COMMISSION WASHINGTON, D. C. 2e555 DR. JAMES C. LAMB, III 313 WOODHAVEN ROAD CHAPEL HILL, NORTH CAROLINA 27514 DR. EMMETH A. LUE3XE ATmIC SAFETT AND LICENSING BOARD U. S. NUCIEAR REGUIATORI CCHMISSION VASHINGTON, D. C. 2e555 ENRY J. McGURREN, ESQUIRE EARING AITORNET OFFICE OF TE EXECUTIVE IEGAL DIRECTOR U. S. NUCIEAR REGULATORY CCHMISION VASHINGTON, D. C. 20555 RICHARD V, LOERRE, ESQUIRE ASSISTANT ATTORNET GENERAL, STATE OF TEXAS P. O. BOX 12548 CAPITOL STATION AUSTIN, TEXAS 78711 2233 072 bl [kN[4[

HONORABLE EURT O'CONELL COUNTT JUDCE, MATAGORDA COUNTY MATAGORDA COUNTY COURT HOUSE BAT CITY, TEXAS 77414 B. GORDON GOOCH, ESQUIE 1741 ENNSTLVANIA AVENUE, N. V.

VASHINGTON, D. C. 24646 MR. IANNY SINKIN CITIZENS CONCERED ASCUT NUCLEAR POWER 838 E. MAGNOLIA SAN ANTONIO, TEIAS 78212 MR. DAVID MARIE 39 M VAREHOUSE ROV SUITE C AUSTIN, TEXAS 7876 AUSTIN CITIZENS FOR ECONOMICAL EERGY HR. ROGER DUNCAN 961 VEST 241h STEET AUSTIN, TEXAS 78705 ATOMIC SAFETT AND LICENSING APEAL BOARD U. S. NUCIEAR REGULATORY CClotISSION VASHINGTON, D. C. 28555 VR CHASE R. STEPENS DOCKETING AND SZHVICE SECTION .

OFFICE OF TE SECETARY OF THE COMMISSION U. S. NUCIEAR REGULATORY CCEMISSION VASHINGTON, D. C. 26555 MELIERT SCRVARZ, JR. ESQ.

3AER AND BOITS CHE SELL PLAZA HOUSTON , TEXAS 77002 JACK R. NEYMAN, ES9.

LOVENSTEIN, NLM, REIS & AXEIRAD le25 CCHECTICUTT AVENUE, N.V.

VASHINGTON, D. C. 20036 ATCMIC SAFETY AND LICENSING APIEAL ?ANEL U. S. NUCIEAR REGULATORT CCRMISSION VASHINGTON, D. C. 29555

%/ MC d44W PD:R:R,I.BL "

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