ML19320B116

Exceptions to ASLB 800616 Order Re 800430 Prehearing Conference.Order Erred in Rejecting Intervenor Contentions 1,3,6(b)(e),8 & 10 & Conditioning Acceptance of Contentions 5 & 23.Certificate of Svc Encl

ML19320B116
Person / Time
Site:	Comanche Peak
Issue date:	06/30/1980
From:	Ellis J Citizens Association for Sound Energy
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007090327
Download: ML19320B116 (4)

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UNITED STATES OF AMERICA A [ffy((l_124!cep:

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NUCLEAR REGULATORY CCtEISSION Nd i i W BEFORE THE ATOMIC SAFETY AND LICENSIIG APPEAL BOARD In the Matter of { '

I APPLICATION OF TEXAS UTILITIES [

GENERATING CCMPANY, ET AL. "OR AN Docket Nos. 50-M5

[ and'50-W6 OPERATING LICENSE FOR COMANE [

PEAK STEAM ELECTRIC STATI.%

UNITS fl,AND E2 (CPSES)

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LLndONS BY CASE TO ATOMIC SAFETY AND LICENFIN3 BOARD'S ORDER SUBSEQUENT TO THE PREEEARING CONFERENCE OF APRIL 3d,~1980 (June 16, 1980)

On June 16, 1980, following the filing by all parties ~ct a complete report on each contention and a pre-hearing conference on April 30 and May 1,

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the Atcinic Safety and Licensing Scard filed its Order Subsequent to the Pre-hearing Confernce of April 30, 1980 (June 16, 1980). In this Order, the 3 card set forth the specific conte. .:.ons which bad been accepted for adjudi-cation in these hearings and the reasons for rejecting the other contentions.

Intervenor CASE (Citizens Association for Sound Energy) takes ex-ception to the Licensing Board's Order of June 16, 1980 and states that the Board erred in finding or ruling that:

(1) CASE contentien 1 is rejected as 'being too vague and overly bread. (Page 9, Paragraph 2.)

9sep 8007000 327 h0 [

(2) CASE contention 3 is denied because no significant.nev l

information has been presented for these issues which were considered j at the construction permit proceeding. (Page 9,' Paragraph 3.) l i

(3) CASE contention 6(b) is denied as being too speculative 1

for litigating. (Page 9, Paragraph 3.) ~

(4) CASE contention 6(e),. is denied as being a challenge to Commission Regulations (Summary Table S-4, 10 CFR 51). (Pages9 and 10, Paragraph 3 on Page 9 continued top of Page 10.)

(5) CASE contention 8 is denied as not' being requitca. (Page 10, ' top cf page, and Pages 3 and 4, Paragraph 3 continued top of Page 4.)

('6) CASE contention 10 is rejec ed for, lack of adequate basis and as being too speculative for litigaItion. (Page 10, top of page.)

(7) Regarding Accepted Contention 5 (Page 11.; formerly CASE Contention 19), the Board is of the opinion that the language pro-posed by the NRC Staff is sufficiently broad to enconpass the subject matter of each i'ntervenor's QA/QC contention. (Page 4, botten paragraph.)

(8) Regarding Accepted Contention 23 (Page 17; formerly CASE Contention 9), the Board has revised the wording of CASE's contention, which has the effect of limiting it unduly.

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l A Brief vill f illow on each of the exceptions. CASE vould urge that the Appeal Board rule favorably on each of CASE's exceptict:'

Respectfully submitted, Ws.) Juanita Ellis, President C,ASE (CII"ZENS ASSOCIATION FOR SOUND ENERGY) 1426 S. Polk Dallai, u 75224 214/946-9446 6/30/8o ,

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• ' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 1 1

APPLICATION OF TEXAS UTILITIES 1 Docket Nos. 50-445 GENERATING COMPANY, ET AL, FOR AN I and 50-446 OPERATING LICENSE FOR COMANCHE 1 PEAK STEAM ELECTRIC STATION I -

UNITS #1 AND #2 (CPSES) 1 -

CERTIFICATE OF SERVICE I hereby certify that copies of " EXCEPTIONS BY CASE TO ATOMIC SAFETY "A3D LICENSING

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ECARD'S ORDER SUBSEQUENT TO TE PREEEARING CONFERENCE OF APRIL 30, 1980 (June 16, 1980)" in the above-captioned proceeding.have been served on the fo110 wing by deposit in the United States mail, first class, this 30th day of June,1980:

Elizabeth S. Bowers, Esq . ,. Ch airman David J. Preister, Esq.

Atomic Safety and Licensing Board Assistant Attorney General U. S. Nuclear Regulatory Commission Environmental Protection Division Washington, D. C. 20555 P. O. Box 12548, Capitol Station Austin, Texas 78711 Dr. Forrest J. Remick, Member Atomic Safety and Licensing Board Mr. Richard Fouke 305 E. Ilamilton Avenue 1658-B Carter Drive State College, PA 16801 Ar ri ng ton , TX 76010 Dr. Richard Cole, Member Atomic Safety and' Licensing Board Atomic Safety and Licensing Board ' Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 0ashington, 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. Nuclcar Regulatany 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 -

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, TMrs.) Juanita Eilis, Presicien t t.ame CASE (CITIZENS ASSOCIATION FOR

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