ML19309H420
| ML19309H420 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 05/09/1980 |
| From: | Chanania F NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8005130202 | |
| Download: ML19309H420 (7) | |
Text
80051302o2 M
J UNITED STATES OF AMERICA NUCLEAR REGULATORY CO M ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of HOUSTON LIGHTING & POWER COMPAN)
NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO 50-499A CITY OF AUSTIN CENTRAL POWER AND LIGHT COMPANY (South Texas Project, Unit Nos. 1 and 2)
TEXAS UTILITIES GENERATING
)
NRL Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche Peak Steam Electric Station, Units 1 and 2)
NRC STAFF STATUS REPORT ON SETTLEMENT The NRC Staff hereby submits the following report on the status of settlement efforts in the above-captioned proceedings, as directed by this Board in its Order of April 9,1980.
The NRC Staff has, since April 9th, been engaged in settlement activities on a full-time, daily basis. These activities have encompassed innumerable internal staff consultations and meetings with other governmental and pri-vate parties, which focussed upon analyzing the settlement proposal of C&SW-HL&P-TU, illuminating potential problems with the proposal, developing possible solutions to those potential problems, and coordinating the activi-ties of parties involved. The major meetings were:
n
(1) Two meetings with personnel from Department of Justice, the Federal Energy Regulatory Comissimi (FERC), Securities and Exchange Comission, and Economic Regulatory Administration of DOE; (2) Two or three meetings per week with personnel from the Department of Justice and FERC; (3) One plenary meeting of all involved governmental parties and representatives from HL&P, C&SW, TU, Brownsville, Gulf States Utilities, Austin and San Antonio; (4) Several bilateral meetings between D0J-FERC-NRC Staffs and TU, HL&P and C&SW; (5) Meetings in Texas with personnel and consultants to certain rural electric cooperative customers of WTU and TESCO, and with representatives i
from Gulf States Utilities, the Texas Public Utility Commission, and the Texas Attorney General's office; (6) One meeting with representatives from the City of Austin and the l
City of San Antonio; and (7) Telephone conversations with other affected parties: South Texas Electric Cooperative, City of Garland, and Brownsville.
Concerns of the NRC Staff (and others) have been raised with HL&P, C&SW, and TU and responses have been received from those parties. The NRC Staff has also, in the past week, been discussing the details of a provisicn relating to future interstate interconnections and limitations on disconnections vis-a-vis these interconnections.
?
Based upon the responses of the parties to the Staff's concerns thus far, and upon the discussions relating to disconnection provisions, the Staff believes that there is a necessity to have a further 30-day extension to enable us to report accurately whether settlement appears likely. The Staff can, at this time say that, based upon the movement of all parties during the past month, there is good reason to be optimistic about settlement assuming that all parties continue to make the same kind of progress.
The central issues which have been discussed and which require further exploration are extremely complex, both from a legal, administrative and an engineering viewpoint.
It is this complexity, and the necessary agreement on complex issues, which makes the Staff unable, at this juncture, to be more definite. These issues center around the following concepts:
(a)~
access to ownership or actual usage of the two proposed DC interconnections and future interstate interconnections which will avail smaller utilities meaningful competitive options and opportunities, (b) access to nuclear generation for certain requesting entities, (c) transmission principles involving access to the two DC interconnections to ensure that all utilities may have opportunities to explore meaningful usage of these facilities, (d) back-up arrangements where the DC facilities may be inoperable, (e) discon-nection limitations and (f) other aspects of the two proposed DC intercon-nections themselves, sucn as cost, capacity, planned additions, engineering characteristics, ownership arrangements, and location, among others.
l l
- t;
. As is evident, the daily effort put forth by the NRC Staff (and, presumably, by other parties) has been extensive and time-consuming. Accordingly, the Staff hereby requests the Board to permit the parties thirty additional days in which to further explore settlement.M If the Staff detennines before the end of the thirty day extension period that settlement efforts will not be fruitful, we will imediately notify the Board,of that detennination.
Respectfully submitted, L
A'!M' A
=
Fredric D. ChanMia Counsel for NRC Staff,
Dated at Bethesda, Maryland this 9th day of May,1980.
1/
The parties, because of the intensive nature of the settlement effort, have been unable to schedule and complete the depositions of Messrs. Hartley, Gerber, Stagg, Simmons, and Scarth.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
~
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
HOUSTON LIGHIING & POWER COMPANY
) NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO
)
50-499A CITY OF AUSTIN
)
CENTRAL POWER AND LIGHT COMPANY
)
(South Texas Project, Unit Nos.
)
1 and 2)
)
)
TEXAS UTILITIES GENFAATING
) NRC Docket Nos. 50-445A COMPANY, et al.
)
50-445A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF STATUS REPORT ON SETTLEMENT in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 9th day of May 1980.
Marshall E. Miller, Esq., Chairman Robert Fabrikant, Esq.
Atomic Safety and Licensing Board Donald 'A. Kaplan, Esq.
U.S. Nuclear Regulatory Commission Susan B. Cyphert Washington, D.C.
20555
- Nancy A. Luque Frederick H. Parmenter, Esq.
Michael L. Glaser, Esq.
David A. Dopsovic, Esq.
1150 Seventeenth Street, N.W.
Rangeley Wallace, Esq.
Washington, D.C.
20336 P.O. Box 14141 Washington, D.C.
20044 Sheldon J. Wolfe, Esq.
Atomic Safety and Licensing Board Mr. William C. Price U.S. Nuclear Regulatory Commission Central Power & Light Co.
Washington, D.C.
20555
- P.O. Box 2121 Corpus Christi, Texas 78403 Atomic Safe'y and f.4 censing Board U.S. Nuclea Regulatory Commission G.W. Oprea, Jr.
Washington, D.C.
20555
- Executive Vice President Houston Lighting & Power Company Docketing and Service Section P.O. Box 1700 Office of the Secretary Houston, Texas 77001 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Robert E. Bathen R.W. Beck & Associates R.L. Hancock, Director P.O. Box 6817 City of Austin Electric Utility Orlando, Florida 32803 P.O. Box 1088 Austin, Texas 78767 Somervell County Public Library P.O. Box 147 Glen Rose, Texas 76043 i
I o*
e a
R. Gordon Gooch, Esq.
Robert Lowenstein, Esq.
John P. Mathis, Esq.
J.A. Bouknight, Esq.
Steven R. Hunsicker, Esq.
William J. Franklin, Esq.
Baker & Botts Peter G. Flynn, Esq.
Suite 300 Douglas G. Green, Esq.
1701 Pennsylvania Avenue, N.W.
Lowenstein, Newman, Reis, Axelrad Washington, D.C.
20006
& Toll 1025 Connecticut Avenue, N.W.
J.K. Spruce, General Manager Washington, D.C.
20036 City Public Service Board P.O. Box 1771 Jerry L. Harris San Antonio, Texas 78203 Richard C. Balough Dan H. Davidson, City Manager Robert C. McDiarmid, Esq.
City of Austin Robert A. Jablon, Esq.
P.O. Box 1088 George Spiegel, Esq.
Austin, Texas 78767 David A. Giacalone, Esq.
Marc R. Poirier, Esq.
Jay Galt, Esq.
Alan J. Roth, Esq.
Jack P. Fite, Esq.
Spiegel & McDiarmid Looney, Nichols, Johnson & Hayes 2600 Virginia Avenue, N.W.
219 Couch Drive Washington, D.C.
20037 Oklahoma City, Oklahoma 73102 Jon C. Wood, Esq.
Merlyn D. Sampels, Esq.
W. Roger Wilson, Esq.
Jos. Irion Worsham, Esq.
Matthews, Nowlin, Macfarlane Spencer C. Relyea, Esq.
& Barrett Robert A. Wooldridge, Esq.
1500 Alamo National Building 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201 Mr. W.N. Woolsey Morgan Hunter, Esq.
Kleberg, Dyer, Redford & Weil McGinnis, Lochridge & Kilgore 1030 Petroleum Tower Fifth Floor, Texas State Bank Building
)
Corpus Christi Texas 78474 900 Congress Avenue l
Dick Terrell Brown, Esq.
i 800 Milam Building Joseph B. Knotts, Esq.
San Antonio, Texas 78205 Nicholas S. Reynolds, Esq.
C. Dennis Ahearn Esq.
E. William Barnett, Esq.
Leonard W. Belter, Esq.
Charles G. Thrash, Jr., Esq.
Debevoise & Liberman Melbert D. Schwarz, Esq.
1200 Seventeenth Street, N.W.
Theodore F. Weiss, Esq.
Washington, D.C.
20036 J. Gregory Copeland, Esq.
Baker & Botts Douglas F. John, Esq.
3000 One Shell Plaza McDermott, Will and Emery Houston, Texas 77002 1101 Connecticut Avenue, N.W.
Suite 1201 Jerome Saltzman, Chief Washington, D.C.
20035 Antitrust & Indemnity Group U.S. Nuclear Regulatory Commission Don R. Butler, Esq.
Washington, D.C.
20E55
John W. Davidson, Esq.
Mr. G. Holman King Sawtelle, Goode, Davidson & Troilo West Texas Utilities Co.
1100 San Antonio Savings Building P.O. Box 841 San Antonio, Texas 78205 Abilene, Texas 79604 Linda Aaker Attorney General's Office State of Texas P.O. Box 12548 Austin, Texas 78711 James E. Monahan Executive Vice President and General Manager -
Brazos Electric Power Cooperative, Inc.
P.O. Box 6296 Waco, Texas 76706 Frederick H. Ritts, Esq.
William H. Burchette Esq.
Law Offices of Northcutt Ely Watergate 600 Building Washington, D.C.
20037 Michael I. Miller Esq.
James A. Carney, Esq.
Sarah N. Welling, Esq.
Isham, Lincoln & Beale 4200 One First National Plaza Chicago, Illinois 60603 David M. Stahl, Esq.
Isham, Lincoln & Beale Suite 325 1120 Connecticut Avenue, N.W.
Washington, D.C.
20036 Maynard Human, General Manager Western Farmers Electric Cooperative P.O. Box 429 Anadarko, Oklahoma 73005 Donald M. Clements, Esq.
l Gulf States Utilities Company P.O. Box 2951 Beaumont, Texas 77704 Robert M. Rader, Esq.
Conner, Moore & Corber Michael B, Blume 1747 Pennsylvania Avenue, N.W.
Counsel for NRC Staff Washington, D.C.
20006
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