ML19309E422
| ML19309E422 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 04/09/1980 |
| From: | Knotts J TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8004220021 | |
| Download: ML19309E422 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
BEFORE THE ATOMIC SAFETY'AND LICENSING' APPEAL ~ BOARD In the Matter of HOUSTON LIGHTING AND POWER CO.,
)
Docket No. 50-498A et al.
)
50-499A j
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(South Texas Project, Units
)
1 and 2)
)
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TEXAS UTILITIES GENERATING
)
Docket No. 50-445A COMPANY, _et _al.
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50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
TUGCO'S RESPONSE TO THE PUBLIC UTILITIES BOARD OF BROWNSVILLE'S MARCH 31, 1980 MOTION At the oral argument in this directed certification proceeding on March 27, 1980, counsel for the Public Utilities Board of Brownsville, Texas requested (Tr. 45-47) and received (Tr. 104-107) leave to make a statement regarding information which had come to his attention regarding the status of settle-ment discussions.
As it turned out, the statement was a request to the Appeal Board to pose a question to the petitioners for directed certification regarding the status of settlement.
Counsel for Houston Lighting and Power Company responded to that question when posed and described the status of settlement talks to the satisfaction of TUGCO and Central and Southwest Corporation as indicated on,the record. (Tr. 107-09).
On March 31, 1980, counsel for the Public Utilities Board of Brownsville filed the instant motion for leave to file an 8 0042 200 2 l 1
affidavit which was accompanied by an affidavit by Mr. Roundtree of the Public Utilities Board of Brownsville.
By order of April 2, 1980, the Appeal Board has directed that the parties I
respond by April 9, 1980.
It is evident that Brownsville's counsel seeks to cast
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doubt on representations by other parties to the effect that:
settlement talks are continuing in order to finalize and imple-ment an agreement in principle among CSW, HL&P and TU regarding the interconnection dispute among them; no final and binding j
settlement has been formalized; and release of settlement j
documents would have a chilling effect on these and related
. settlement discussions both among the petitioners end between l
l them and other parties.
Brownsville would have it that settle-ment among CSW, EL&P and TU is substantially consummated (which j
it is not) and ignores the effect of release of settlement documents, as a natter of principle, on whether or not necessary confidentiality will be accorded to other settlement f
discussions and documents.
It appears to us that the gravamen of the complaint by f
i Brownsville's counsel is that the Public Utilities Board was t
brought into and apprised of matters arising from the agreement i
i in principle regarding the interconnection dispute some days i
after responsible governmental officials were so apprised.
Brownsville's complaint seems to us a petty one and it appears to h, ave no substantial bearing on the matters before the Appeal Board.
Therefore, we would urge that the Appeal Board deny the motion and not* entertain Brownsville's affidavit.
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In the alternative, if the Appeal Board does entertain the affidavit, then we request leave to file on a day's notice a.
TUGCO affidavit regarding the status of settlement.
Respectfully submitted, J
oseph B. Kno(bs,Jr.
Counsel to Texas Utilities Generating Company l
Date:
April 9, 1980 9
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY'AND L'ICENSING APPEAL BOARD In the Matter of:
HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos. 50-498A
- _al.
)
50-499A et
)
(South Texas Project, Units
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, et al.
)
50-446A l
)
(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF~ SERVICE I hereby certify that copies of "TUGCO's Response to the Public Utilities Board of Brownsville's March 31, 1980 Motion" in the above captioned matters, were served upon the following persons by deposit in the United States mail, first class postage prepaid or by hand delivery as indicated by an asterisk this 9th day of April, 1980.
- Alan S.
Rosenthal, Chairman Marshall E. Miller, Esq.
Atomic Safety and Licensing Chairman Appeal Board Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission
- Michael C. Farrar, Esq.
Atomic Safety and Licensing Michael L.
Glaser, Esq.
Appeal Board Glaser, Fletcher & Johnson U.S. Nuclear Regulatory 1150 17th Street, N.W.
Ste. 1007 Commission Washington, D.C.
20036 Washington, D.C.
20555 Sheldon J. Wolfe, Esq.
- Thomas S. Moore, Esq.
Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 i
Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
~
Chase R.
Stephens Roff Hardy Docketing and Service Branch Chairman and Chief Executive U.S.
Nuclear Regulatory Officer Commission Central Power and Light Washington, D.C.
20555 Company P.O. Box 2121 Mr. Jerome D.
Saltzman Corpus Christi, Texas 78403 Chief, Antitrust and Indemnity Group Mr. Perry G. Brittain Nuclea'r Reactor Regulation President U.S. Nuclear Regulatory Texas Utilities Generating Commission Company Washington, D.C.
20555 2001 Bryan Tower Dallas, Texas 75201 J.
Irion Worsham, Esq.
Merlyn D.
Sampels, Esq.
R.L.
Hancock, Director Spencer C.
Relyea, Esq.
City of Austin Electric Worsham, Forsythe & Sampels Utility 2001 Bryan Tower, Ste. 2500 P.O.
Box 1086 Dallas, Texas 75201 Austin, Texas 78767 Jon C. Wood, Esq.
G.W.
Oprea, Jr.
W.
Roger Wilson, Esq.
Executive Vice President Matthews, Nowlin, Macfarlane &
Houston Lighting & Power Barrett Company 1500 Alamo National Building P.O.
Box 1700 l
San Antonio, Texas 78205
- Houston, Texas 77001 Dick Terrell Brown, Esq.
- Susan B.
Cyphert, Esq.
800 Milam Building Frederick H.
Parmenter, Esq.
San Antonio, Texas 78205 David A. Dopsovic, Esq.
Robert Fabrikant, Esq.
Charles G.
Thrash, Jr., Esq.
Nancy Luaue, Esq.
E.W. Barnett, Esq.
Kenneth M. Glazier, Esq.
Theodore F. Weiss, Esq.
U.S. Department of Justice J.
Gregory Copeland, Esq.
Antitrust Division Baker & Botts P.O. Box 14141 3000 One Shell Plaza Washington, D.C.
20444-Houston, Texas. 77002 Don R.
Butler, Esq.
Steven R.
Hunsicker, Esq.
211 East Seventh Street R.Gordon Gooch, Esq.
Austin, Texas 78701 John P. Mathis, Esq.
Baker & Botts Jerry L. Harris, Esq.
1701 Pennsylvania Ave., N.W.
Richard C.
Balough, Esq.
Washington, D.C.
20006 City of Austin P.O. Box 1088 Michael B.
Blume, Esq.
- Fredric D.
Chanania, Esq.
Ann P. Hodgdon, Esq.
[
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
Robert Lowenstein, Esq.
- George Spiegel, Esq.
- J.A.
Bouknight, Jr., Esq.
Robert C. McDiarmid, Esq.
William J. Franklin, Esq.
Robert Jablon, Esq.
Douglas G.
Green., Esq.
Marc Poirier, Esq.
Lowenstein, Newman, Reis, Spiegel & McDiarmid Axelrad & Toll 2600 Virginia Ave., N.W. Ste. 312 1025 Connecticut Ave., N.W.
Washington, D.C.
20037 Washington, D.C.
20036 W.N. Woolsey, Esq.
John W. Davidson, Esq.
Dyer and Redford Sawtelle, Goode, Davidson &
1030 Petroleum Tower Tioilo
, Corpus Christi, Texas 78747 1100 San Antonio Savings Bldge.
San Antonio, Texas 78204 Donald M.
Clements Gulf States Utilities Company Douglas F.
John, Esq.
Post Office Box 2951 McDermott, Will and Emery Beaumont. Texas 77704 1101 Connecticut Avenue, N.W.
Suite 1201 Marc J. Wetterhahn, Esq.
I Washington, D.C.
20036 Robert M.
Rader, Esq.
Conner & Moore Bill D.
St. Clair, Esq.
1747 Pennsylvania. Ave., N.W.
Morgan Hunter, Esq.
Washington, D.C.
20006 McGinnis, Lockridge &
Kilgore Mr. William C. Price Fifth Floor Texas State Bank Central Power & Light Co.
Bldg.
P.O. Box 2121 900 Congress Avenue Corpus Christi, Texas 78403 Austin, Texas 78701 i
Mr. G. Holman King
- David M.
Stahl, Esq.
West Texas Utilities Co.
1120 Connecticut Ave., N.W.
P.O. Box 841 Suite 325 Abilene, Texas 78604 Washington, D.C.
20036 Kevin B. Pratt, Esq.
Sara Welling, Esq.
Attorney General's Office Michael I. Miller, Esq.
State of Texas James A.
Carney, Esq.
P.O. Box 12548 Isham, Lincoln & Beale Austin, Texas 78711 One First National Plaza Suite 4200 Frederick H.
Ritts, Esq.
Chicago, Illinois 60603 William H. Burchette, Esq.
Northcutt Ely Don H. Davidson Watergate 600 Building City Manager Washington, D.C.
20037 City of Austin P.O. Box 1088 Austin, Texas 78767 g
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W.S.
Robson General Manager South Texas Electric Cooperative, Inc.
Route 6, Building 102 Victoria Regional Airport Victoria, Texas 77901 1