ML19320C309
| ML19320C309 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 07/11/1980 |
| From: | Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007160639 | |
| Download: ML19320C309 (5) | |
Text
,M-L o 7/11/80 0
UNITED STATES OF AMERICA 1300RETID g
NUCLEAR REGULATORY COMMISSION USNRC g
BEFORE'THE' ATOMIC SAF"TY AND LICENSING BOARD
?
OfGcecitheyng kcMng & Sea,y Branch V
1 In the Matter of S
g S
m HOUSTON LIGHTING & POWER S
COMPANY S
Docket No. 50-466 5
(Allens Creek Nuclear S
Generating Station, Unit S
No. 1)
APPLICANT'S RESPONSE TO INTERVENOR JOHN F.
DOHERTY'S MOTION FOR FINANCIAL ASSISTANCE FROM NRC FUNDS THROUGH THE BOARD On June 27, 1980, Intervenor John F. Doherty filed a motion in which he requests the Atomic Safety and Licensing Board to appropriate NRC funds through " reimbursement or lump sum" payment by Staff counsel to finance his participation in this proceeding.
Alleging indigence, Intervenor asserts that his participation "can be expected to contribute substantially I
to a full and fair determination of the issues" (pp. 2-3).
As support for his request, Intervenor has attached a G.A.O.
decision dated' January 25, 1980, relating to the issue of financial assistance to intervenors in NRC proceedings.
Applicant submits that the above motion should be denied for the following reasons:
18007160639'
First, the Licensing Board's authority in this proceeding, as set forth in the Commission's rules and regulations and in the Notice of Hearing published in this proceeding (38 Fed. Reg.), does nc t extend to ordering the appropriation of Nuclear Regulatory Commission funds to an intervenor.
That authority, which lies with the Commission itself, has not been delegated to this Board.
Second, no basis exists in the motion or elsewhere for the Board to certify that question of intervenor funding to the Commission.
The Commission in the past has refused to provide funding to intervenors in NRC proceedings.~1/
In a recent decision, the Commission, taking into consideration the G.A.O. decision cited in Intervenor's motion as well as the presently governing legislation and its legislative history, " decline [d] to consider such funding."-2/
i For the foregoing reasons, Intervenor's motion should be denied.
t 1/
Financial Assistance to Participants in Commission Proceedings, 4 NRC 494 (1975); cf., Transnuclear, Inc., CLI-77-31, 6 NRC 849, 853 (1977).
2/
Metropolitan Edison Company (Three Mile Island Station, Unit No. 1), Memorandum and Order (CLI-8 0-19 ) Slip op. at 5 (May 16, 1980).
This decision rested in large part upon the appropriations act for the f' scal year which expires September 30, 1980.
Appropriations for the fiscal year beginning October 1, 1980,'have not yet been enacted.
However, on June 25,11980, the House passed HR 7590 which would make such appropriations.
126 Cong. Rec. H5614, H5657 (June 25,1980, daily ed.)..
Section 502 of.HR 7590 as passed by the House provides that none of the funds appropriated shall be used to compensate " parties intervening in regulatory or adjudicatory proceedings funded in this Act."
See also H. Rept. 96-1093,
- 96 Cong., 2nd Sess., p. 148..
Respectfully submitted, 1
OF COUNSEL:
J Gregor o
and /
Thomas Bi e, Jr.
BAKER & BOTTS harles G. Thrash, Jr.
3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W.
1025 Connecticut Ave., N.W.
Washington, D.
C.
20036 Washington, D.
C.
20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY B
n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek :b' clear Generating S
Station, Unit li S
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to Intervencr John F. Doherty's Motion for Financial Assistance from URC Funds Through the Board in the above-captioned proceeding were served on the following by deposit in the United-States mail, postage prepaid, or by hand-delivery this lith day of July, 1980.
Sheldon J. Wolfe, Esq., Chairman Hon. Charles J.
Dusek Atomic Safety and Licensing Mayor, City of Wallis Board Panel P.
O. Box 312 U.S.
Nuclear Regulatory Commission Wallis, Texas 77485 Washington, D.
C.
20555 Hon. Leroy H. Grebe Dr.
E.
Leonard Cheatum County Judge, Austin County Route 3, Box 350A P.
O. Box 99
-Watkinsville, Georgia 30677 Bellville, Texas 77418 Mr. Gustave A.
Linenberger Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory Commissio U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Washington, D.
C.
20555 Atomic Safety and Licensing Mr. Chase R.
Stephens Appeal Board Docketing and Service Section U.S. Nuclear Regulatory Commissio Office of the Secretary Washington, D.
C.
20555 of the Commission U.S. Nuclear Regulatory Commission Steve Sohinki, Esq.
Washington, D.
C.
20555 Staff Counsel U.S. Nuclear Regulatory Commissio Richard Lowerre,'Esq.
Washington, D. C.
20555 Assistant Attorney General for-the State of Texas
.P.
O.
Box 12548 Capitol Station Austin,LTexas 78711-
Mr. Bryan L. Baker D. Marrack 1118 Montrose 420 Mulberry Lane Houston, Texas 77019 Bellaire, Texas 77401 J. Morgan Bishop Brenda McCorkle 11418 Oak Spring 6140 Darnell Houston, Texas 77043 Houston, Texas 77074 Stephen A. Doggett W. Matthew Perrenod P. O. Box 592 4070 Merrick Rosenberg, Texas 77471 Houston, Texas 77025 John F.
Doherty F.
H.
Potthoff 4327 Alconbury 7200 Shady Villa, No. 110 Houston, Texas 77021 Houston, Texas 77080 Robert S. Framson Wayne E.
Rentfro Madeline Bass Framson P.
O.
Box 1335 4822 Waynesboro Rosenberg, Texas 77471 Houston, Texas 77035 James M.
Scott Carro Hinderstein
-13935 Ivy Mount 609 Fannin, Suite 521 Sugar Land, Texas 77478 Houston, Texas 77002 l
J Grego peland t