ML19310A194
| ML19310A194 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 04/21/1980 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19310A195 | List: |
| References | |
| NUDOCS 8006060255 | |
| Download: ML19310A194 (4) | |
Text
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,_.. a 4/21/80 D
G N
UNITED STATFS OF AMERICA S
9N NUCLEAR REGUIATORY COMMISSION DOCKETED e
tlSNRO L
6 APR 2 81980 >
b.
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ONice erg In the Matter of l
%4 l
S s
APPLICATION OF TEXAS UTILITIES l
Docket Nos. 50-4k5N se GENERATING C04PANY, ET AL. FOR AN l
and 50 kk6 OPERATING LICENSE FOR COMANCHE l
PEAK STEAM ELECTRIC STATION
.l UNITS fl AND f2 (CPSES)
'l MOTION TO COMPEL APPLICANT TO SUPPLY h/10/80 POSITION ON CONTENTIONS COMES NOW Citizens Association for Sound Energy (hereinafter referred to as CASE), Intervenor herein, and files this its Motion to Compel Applicant to Supply 4/10/80 Position on Contentions.
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I.
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On March 19,1980, the,30ard. filed its " ORDER SCEDULING PREHEARING CONFERENCE," in which it stated:
"The Parties are on notice that they must submit to the Board not later than twenty (20) days prior to the Prehearing Conference a complete report on their position on ea'ch contention..."
Since the Pre-Hearing Conference is to be on April 30, 1980, such w
w Position on Contentions was required to be filed.by April 10, 1980.
Having received copies of such Position bn Contentions from the NRC Staff and the other two Intervenors but not from the Applicant, on 4/18/80 CASE telephoned the NRC Staff to inquire if Staff had received said filing
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e 8006060 k 6 3
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freci the Applicant.. CASE was advised by the Staff that it had received said filing, that CASE was shown on the Service List and that the Certificate of Service certified that copies had been filed on April 10,'1960.
As of the time of this writing (4/21/80, 8:30 A.M.), CASE has not received said filing from the Applicant.
II.
CASE vould show that it has made every effort to comply with the Board's deadline for filing CASE's Position on Contentions, under difficult and adverse conditions. CASE vould further show that Applicant's failure to furnish CdSE vith a copy of said Position on Contentions (1) violates 10 CFR 2 701(b), 2 708(c) and 2 712(e)(2); (2) vorks a surprise on this Intervenor; (3) violates CASE's right to due process; (4) makes it impossible
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for CASE to comply with 10 CFR 2 706; (5) demonstrates the Applicant's disregard for the rights of this Intervenor and the Code of Federal Regulations; and (6) is further proof that the Applicant vill not voluntarily comply with procedures and regulations, as alleged in CASE Contention No.,1.
III.
WHEREFORE, PREMISES CONSIDERED, CASE prays that this Board order that:
(1) The Applicant supply CASE with a copy of Applicant's 4/10/80 Position on Contentions immediately by overnight Express Mail;
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(2) The Applicant explain vby CASE was not furnished a copy of said filing as certified in Applicant's Certificate of Service; (3) The Applicant be admonished and ordered by tihe Board to furnish all Parties with copies of future filings in a timely manner; (4) The Applicant be reprimanded by the Board for Applicant's will-ful and flagrant violation of the aforementioned Code of Federal Regulations; (5) The Applicant be put on notice that in the event of future such violations, the Board vill exercise its authority under 10 CFR 2 709 to refuse to accept such pleadings for filing; and (6)^ The Pre-Hearing Conference scheduled for April 30, 1980 be postponed in order that CASE can have an opportunity to receivt... review and respond to Applicant's Position on CASE's Contentions prior to the Pre-Hearing Conference.
Respectfully submitted,
.rs.) Juanita Ellis, President CASE (CITIZENS ASSOCIATION FOR SOUND ENERGY) 1426 S. Polk Dallas, TX 75224 214/9k6-9446 h/21/80 O
4 3-
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
\\
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of I
I APPLICATION OF TEXAS UTILITIES 1
Docket Nos. 50-445 GENERATING COMPANY, ET AL, FOR AN 1 an.d 50-446 OPERATING LICENSE FOR COMANCHE 1
PEAK STEAM ELECTRIC STATION UNITS #1 AND #2 (CPSES)
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1 I
CERTIFICATE OF SERVICE I hereby certi' y that copies of " MOTION TO COMPEL APPLICANT TO SUPPLY 4/10/80 f
POSITION ON CONTENTIONS" in the above-captioned proceeding have Lcn served cn the follo.*ing by deposit in the United States = ail, first class, this 21st day of April,1980:
Elizabeth S. Bowers, Esq.,' Chairman David J.
Preister, Esq.
Atomic Safety and Licensing Board Assistant Attorney General U. S. Nuclear Regul'atory Commission Environmental Protection Division Washington, D. C.
20555 P. O.
Box 12548, Capitol Station Austin, Texas 78711 Dr. Forrest J. Remick, Member A*omic Safety and Licensing Board Mr. Richard Fouke 305 E. Hamilton Avenue 1668-B' Carter Drive State College, PA 16801 Arlington, TX 76010 Dr. Richard Cole, Member Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission s U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D.
C.
20555 Nicholas S. Reynolds, Esq.
Atomic Safety and Licensing Debevoise & Liberman Appeal Panel 1200 - 17th St., N. W.
U. S.
Nuclear Regulatory Commission Washington, D.
C.
20036 Washington, D.
C.
20555 Marj orie Rothschild Docketing and Service Section Counsel for NRC Staff Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Mr. Geoffrey M. Gay West Texas Legal Services 100 Main Street (Lawyers Bldg.)
Fort Worth, TX 76102 m
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s?dA J
Of g>trs.) Juanita Ellis, President 1
CASE (CITIZENS ASSOCIATION FOR UM8 SOUND ENERGY) t APR 2 8G80 *
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