ML19323J237

Statement of Position Re Linkage of Financial Qualifications & Safety.Aslb 800310 Order Did Not Prevent Intervenors from Asserting Linkage Between Financial Qualifications & Safety. Certificate of Svc Encl.Related Correspondence

ML19323J237
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	06/03/1980
From:	Baker B AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19323J238	List: ML19323J237 ML19323J239 ML19323J240
References
NUDOCS 8006190553
Download: ML19323J237 (4)

Text

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WTED CORRE.5PO.wna p  :

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UNITED STATES OF AMERICA  % ,w .

NUCLEAR REGULATORY COIGIISSION usmee \

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN*"

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In the Matter of 8 8

DOCEET NUMBER ' $/ ,

p Houston Lighting & Power Conpany 8 50-466 (Allen's Creek Nuclear Generating 8 Station, Unit 1) $

STATEMEM OF POSITION WITH REGARD TO LINKAGE BETWEEN FINKNCIAL QUALIFICATIONS AND SAFETY TO THE BOAPS:

Enclosed is a copy of a letter which was sent to Intervenor

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Bryan Baker along with Applicant's Response to Baker's First Set f of Interrogatories (May 48,1980). Since this letter is on Baker &

Botts (rather than USNRC) letterhead and is unacconpanied by a service list, Intervenor assumes that Counsel for Applicant has not senn copies of this letter to parti'es other than Intervenor- Baker. l 4

In this letter Counsel for Applicant presunes to interpret the Board's Order of Mar 10, 1980. Apparently c mnsel does not feel that Intervenors' Contention includes the assertion of a linkage between financial qualifications and safety. Counsel states that the Board's Mar 10 Order clearly excludes Intervenors frem asserting such a lin% age.

I find the Board's Order to be clear in expecting Intervenors gb to " carefully read and be guided by the Seabrook Menorandum and

, ch Order with respect to financial qualifications", but I find nothing in that case, the Board's Mar 10 Order, or elsewhere in this record 8006190~ c= 53 .

e.. h = t, which excludes Intervenors from asserting a linkage between finan cial' qual 5.fications and safety.

A consideration of why this Board is candated to delve into Applicant's finances in the first place renders Counsel's " friendly advice" to Intervenor an affront to common sense.

I hope there won't be any need to waste everyone's time and money by arguing this point further with Applicant er its Counsel.

Respectfully submitted, l

3ryan Baker, for the Intervenors CZ2?!?!CA*E C? S?.2VICE I hereby cer,tify that copies of the preceding dccu=ent were serred e on t felic1 ring par *ies to -he proceeding by deposit in the United S: ate First Class, en er before r]VVE b , 1960. s = ail, Shelden J. Wolfe, Esq.

Or. Leonard Cheatun Stephen A. Icgge: , Isq.

A, r. Gu s. ..,ve A. ., 4 .,,.e.,.,5 e.m. ., Ecbert S. Frs=sen &

3 Madeline 3 ass ?ra=sen Mr. Chase 2. Stephens , a ew e ened

2. Gordon Gcccg , :.sq. -

Mr. Ja=es M. Sect; o.G. Copeland, .,sq. -

Carro 24-derstein 31 chard u.averre, Esq. D. Marrack

=cn. Char.3es a.. Dusek J. Morgan 31she& .

Ecn. Lercy E. Grebe Mwgare 31s:cp Atonic Safety and Licensing Apreal 3 card -

Mr. John ?. 2cher.y Atenic Safety and Licensing 3 card Pane' 2.renda McCork1'e Steve Schinki, Esq. sayne 2. nent .. e

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O BAKER & SOTTS RELATED CORRESPONDENCE out SMELL mLAZA houston. TEXAS 77oo2 wA5 MINGTON OFFICC CPWNC M 2M-12M TELCX 76 2779 37Cl

• E N N S YLVA NI A Av C N. W. TCLCCC M M U NICATIC N W ASHINGTON. 3 C. 20C0 6 17131229.tS23 MOUSTON TELC8HCNC l2C2] 4$7

• S SO C (2C2J 457 5538 WASHINGICN. 3. C.

< k 9 May 22, 1980 6

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Mr. Bryan Baker 0

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1118 Montrose y m-e Houston, Texas 77019 9

% cp Dea._ Mr. Baker:

Enclosed herewith is Houston Lighting & Power Company's response to your First Set of Interrogatories. As an initial matter, I must advise you that your filing is completely deficient as to the form. By answering these interrogatories we are not waiving any objection we may have in the future to answqring discovery requests submitted to us in this form.

The transcript of Houston Lighting & Power Company's most recent rate case and the legal file in connection therewith are available for your inspection at our offices upon reasonable advance notice.

The Brown & Root document which you have also requested has previously been produced to other parties in this case pursuant to a protective order. We are willing to produce this document to you upon your agreement to a similar protective order and an order from the Board modifying its previous protective orders to allow your inspection of the document.

As a final matter, it appears from statements in your first set of interrogatories, that you have improperly l expanded the scope of this contention to include the postulated link between insufficient construction funds and safe construction of the plant. In its March 10 Order the Board clearly distinguished between your contention, which alleges that Applicant's financial plan does not provide 2'

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BAKEA & SoTTs Mr. Bryan Baker Page 2

" reasonable assurance" of adequate construction funds as required by the Commission's regulations, and the contention proffered by intervenors Doggett and Perrenod which asserts a linkage between financial qualifications and safety.

Nothing in this response should be construed as an admission by the Applicant that your contention includes the latter.

Very truly yours,

f. N.

J. Gregory {Coheland Attorney for Houston Lighting & Power Company JGC/66 enc 1.

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