ML19320B921
| ML19320B921 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak, South Texas  |
| Issue date: | 07/11/1980 |
| From: | Chanania F NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-A, NUDOCS 8007150500 | |
| Download: ML19320B921 (8) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
HOUSTON LIGHTING & 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)
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TEXAS UTILITIES dENERATING
)
NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
NRC STAFF'S THIRD STATUS REPORT N SETTLEMENT The NRC Staff hereby submits its third status report on settlement in the above-captioned proceedings, pursuant to the Licensing Board's Order of June 13, 1980.
-Since the Staff's last status report of June 9,1980, settlement has been pursued by the Staff on a continuous, daily basis.
Once again, as in the
. previous two months, internal staff discussions have been intensive and, at times, prolix.
These internal discussions have been punctuated with numerous telephone consultations and meetings with other governmental and private parties. The principal meetings (other than purely internal NRC Staff dis-cussions) have been:
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80071505o0 g
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. June 10, 1980 NRC Staff, Houston Lighting (Washington,D.C.)
& Power Co. ("HL&P"), Texas Utilities Co. ("TU")
June 16, 1980 NRC Staff, FERC Staff, (Washington,D.C.)
Department of Justice ("D0J")
June 18, 1980 NRC Staff, FERC Staff, D0J (Washington,D.C.)
June 19, 1980 NRC Staff, FERC Staff, D0J (Washington,D.C.)
June 27, 1980 NRC Staff, FERC Staff, D0J (Washington,D.C.)
June 30,1980 NRC Staff, FERC Staff, D0J.
(Washington,D.C.)
South Texas Electric Cooper-ative Medina Electric Cooper-ative ("STEC/MEC"), Rural Electrification Administration
("REA")
July 1, 1980 NRC Staff, FERC Staff, West (Abilene, Texas)
Texas Utilities-Power Procure-ment Group Cooperatives, et al.
("WTU-PPG")
July 9, 1980 NRC Staff, FERC Staff, TU, HL&P (Washington,D.C.)
July 10, 1980 NRC Staff, FERC Staff, TV (Washington,D.C.)
During this same period of time, consultations on various issues of settle-ment (principally transmission services and DC interconnection access provi-sions) have also been held between the NRC Staff and Western Fanners Electric
. Cooperatives and the Public Utilities Board of the City of Brownsville.
In addition, telephonc discussions with TU, HL&P, and Central & South West Corporation ("C&SW") have been held on a fairly regular basis.
t m.
. At this stage of the settlement discussions between the Staff and these other parties, the Staff can continue to report positive movement towards However, there are important issues which have not yet been settlement.
The NRC Staff has made a proposal on transmission (after positive resolved.
Those three parties comments from several parties) to TU, HL&P, C&SW.
reached, among themselves, a private Settlement Agreement, tendered to this Board by letter of June 10, 1980.
In that three-party Settlement Agreement, transmission services were addressed and provided the NRC Staff with its first view of the commitments which those parties would undertake as part of Unfortunately, the Staff the settlement of these consolidated proceedings.
was not in a position to agree with the commitments expressed in that Settle-ment Agreement and, instead, was obliged to develop and propose other trans-To date, the initial responses from TV and mission services commitments.
HL&P and subsequent meetings with both TV and HL&P have not led to a resolu-However, it is tion of differences with regard to transmission services.
the Staff's understanding that TU, HL&P, and C&SW have not considered the In addition, Staff's transmission proposal on a fully coordinated basis.
the Staff believes that further discussions on transmission are warrant light of the time available to consider the Staff's transmission proposal, Given the and because further discussions may uncover an area of agreement.
past ability of the parties to overcome substantial differences in position, the Staff considers that permitting such future settlement discussions would be fruitful and in the best interests of all parties actively involved in settlement.
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. The NRC Staff and TU have been able, during the past month, to reach agree-ment on a set of proposed Comanche Peak license conditions, except in two areas (most notably transmission services).
The Staff can report not only significant progress but a continued attitude of commitment towards settle-ment in Comanche Peak. To date,_ considerable differences on license con-ditions concernini: holesale power sales and the status of C&SW's. amended FERC application seeking DC interconnections have been resolved between TU and the Staff.
As to the two areas in which TU and the Staff remain apart, the area concerning DC access provisions seems capable of resolution in the near future.
The Staff has not yet been able to present a set of settlement license conditions for the South Texas Project license to other parties, although the subject areas of the Staff's concerns have been orally outlined to some of the parties most directly affected.
Further, as discussed above, the area of transmission services has been the subject of discussion with HL&P and C&SW over the past month.
The Staff expects to be able to present more definitive proposals to the South Texas applicants within the next seven to ten days.
Based upon the activities and progress made during the past thirty days and upon the above-mentioned aspects of the present settlement effort, the NRC Staff concludes that a further meaningful extension of procedural dates on the trial schedule to permit further pursuit of settlement is warranted and
0 is in the overall best interests of the parties in this proceeding. The Staff suggests that the Board permit at least an additional thirty days in this regard.
Respectfully submitted, Fredric D. Chanania Counsel for NRC Staff Dated at Bethesda, Maryland this lith day of July,1980 P
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w.s.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE. ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY
) NRC Docket Nos. 50-498A PUBLIC SERVICE BOARD OF SAN ANTONIO
)
50-499A CITY OF AUSTIN
)
CENTRAL POWER AND LIGHT COMPANY
)
(South Tens Project, Unit Nos.
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
) NRC Docket Nos. 50-445A COMPANY, et al.
)
50-446A s
(Comanche Peak Steam Electric
' )
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF'S THIRD STATUS REPbRT 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 lith day of July 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 Nancy A. Luque Washington, D.C.
20555
- Frederick H. Parmenter, Esq.
Michael L. Glaser, Esq.
David A. Dopsovic, sq.
1150 Seventeenth Street, N.W.
Rangeley Wallace, Esq.
Washington, D.C.
20035 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 Safety and Licensing Board U.S. Nuclear Regulatory Commission G.W. Oprea, Jr.
Executive Vice President Washington, D.C.
20555
- Houston Lighting & Power Company Docketing and Service Section P.O. Box 1700 Office of the Secretary Houston, Texas 77001 U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555
- Robert E. Bathen i
R.W. Beck & Associates R.L. Hancock, Director P.O. Box. 6817 i
City of Austin Electric Utility Orlando, Florida 32803 l
P.O. Box 1088 Austin, Texas 78767 Somervell County Public Library P.O. Box 147 Glen Rose, Texas 76043
2 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, 2eis, 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 78296 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
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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 Bu'fN{ng 2001 Bryan Tower, Suite 2500 San Antonio, Texas 78205 N 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 Austin, Texas 78701 Dick Terrell Brown, Esq.
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.
Washington, D.C.
20036 Theodore F. Weiss, Esq.
e 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.
1225 South West Towers Washington, D.C.
20555
J 3
d 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 i
4200 One First National Plaza Chicago, Illinois 60603 David M. Stahl,.Esq.
Isham, Lincoln & Beale Suite 325 1120 Connccticut Avenue, N.W.
Washington, D.C.
20036 Maynard Human, General Manager Western Farmers Electric Cooperative P.O. Box 429
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Anadarko, Oklahoma 73005 j
Donald M. Clements, Esq.
Gulf States Utilities Company P.O. Box 2951 Beaumont, Texas 77704 j
Robert M. Rader, Esq.
Conner, Moore & Corber Michael B. Blume 1747 Pennsylvania Avenue, N.W.
Counsel for NRC Staff Washington, D.C.
20006 L
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