ML19331B529

Response in Opposition to Citizens for Fair Util Regulation 800723 Motion Requesting Applicant Compliance W/Extension of Time Regulations.Urges ASLB to Rule on Applicants' 800701 Objections.Certificate of Svc Encl

ML19331B529
Person / Time
Site:	Comanche Peak
Issue date:	08/07/1980
From:	Horin W, Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8008120395
Download: ML19331B529 (5)

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- Augugt 7, 19Rn g N UNITED STATES OF AMERICA p 9 NUCLEAR REGULATORY COMMISSION 00CKETED USNRo $

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD "

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AUG 8 1980>

officeofasSecreta.y In the Matter of ) 00Clafeg&Sery[ce

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TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 4 /

COMPANY,~et _al.

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(Comanche Peak Steam Electric ) (Application for Station, Units 1 and 2) ) Operating License)

APPLICANTS' ANSWER TO CFUR'S MOTION REQUESTING APPLICANTS' COMPLIANCE WITH REGULATIONS REGARDING EXTENSIONS OF TIME Pursuant.to 10 C.F.R. 52. 730 (c) , Texas Utilities Generating Company, et al., ("Applicante") hereby submit Applicants' Answer to Citizens for Fair Utility Regulation

("CFUR") Objections and Motion Requesting Applicants' Com-pliance With Regulations Regarding Extensions of Time," filed

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July 23, 1980 (" Motion"). In their Motion, CFUR requested that the Atomic Safety and Licensing Board (" Board") require the Applicants to take certain actions prior to Board consid-eration of Applicants' Statement of Objections to Prehearing Conference Order and Motion for Modification, dated July 1, 1980. Applicants urge the Board to deny CFUR's Motion.

I. The Board Properly Granted Applicants' Recuest For Additional Time The Board has the power to dispose of procedural requests made during the course of this proceeding. 10 C.F.R. 52.718.

Specifically, the Chairman has the discretion to extend or 5e f

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- 2-shorten, for good cause, ..e time periods set forth in the NRC Rules of Practice for taking any action. 10 C.F.R. S S 2. 711 (a) ,

2.721 (d) ; Houston Lighting and Power Company (Allens Creek Nuclear Station, Unit 1) , ALAB-574, 11 NRC 7, 13 (1980).

Further, the Board has the authority to permit any motion to be made orally. 10 C.F.R. 52.730 (b) . 1/

In the instant proceeding, Applicants requested a short (3 business days) extension of time for filing Applicants' objections to the prehearing conference order by telephoning the Board Chairman prior to the deadline for filing of July 26, 1980. At that time, the Chairman orally granted Applicants request for an extension of time, thus determining good cause for the extension had been shown. 2/ The Board clearly acted within its discretion in granting Applicants' request for an extension of time.

II. CFUR.Was Not Prejudiced By The Board's Granting An Extension of Time CFUR has not demonstrated that it was prejudiced in any way by the extension of time granted to Applicants. In 1/ CFUR's suggestion that Applicants' request involved an improper ex parte communication with the Board is with-out merit. The Commission's ex parte regulations apply to communications between parEIes and the Board "regarding any substantive matter at issue in a proceeding." 10 C.F.R. S2.780(a) (emphasis added) . A simple procedural request as is involved here does not fall within the ambit of those proscriptions.

2/ Applicants noted in its Statement of Objections filed

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July 1, 1980, that the Board had orally authorized the extension of time (page 1, n. 1).

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I fact, CFUR has twice been granted extensions of time (totalling 19 days) to reply to Applicants' objections.

Ironically, CFUR did not even seek the first such extension itself, but had another intervenor (CASE) telephone the Board Chairman to orally request the extension on behalf of CFUR. Certainly, fundamental fairness requires that CFUR not be heard to complain of procedures which it has itself utilized. As to the second extension of time sought by CFUR, Applicants stated that they had no objections to CFUR's request (see Applicants' Answer, July 29, 1980).

III. Conclusion For the foregoing reasons, Applicants maintain that CFUR's Motion should be denied, and that the Board should rule on the merits of Applicants' July 1, 1980 Statement of Objections and Motion for Reconsideration.

Respec pu ly submitted,

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Nicho] S Reynolds 4

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William A. Horin Debevoise & Liberman 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9817 Counsel for Applicants August 7, 1980

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\ Wil UNITED STATES OF AMERICA u C NUCLEAR REGULATORY COMMISSION Q ,

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD q DndUhgi /

In the Matter of ) g _.

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TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 l COMPANY, _e t _a l . ) 50-446

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(Comanche Peak Steam Electric ) (Application for l Station, Units 1 and 2) ) Operating License)

CERTIFICATE OF SORVICE I hereby certify that copies of the foregoing " Applicants' Answer to CFUR's Motion Requesting Applicants' Compliance With Regulations Regarding Extensions Of Time" in the captioned matter were served upon the following persons by deposit in the United States mail, first class postage prepaid this 7th day of August, 1980:

Valentine B. Deale, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Board Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commis'sion Commission Washington, D.C. 20555 Washington, D.C. 20555 Chairman, Atomic Safety Elizabeth S. Bowers, Esq. and Licensing Appeal Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Marjorie Ulman Rothschild, Esq.

Office of the Executive Dr. Forrest J. Remick, Member Legal Director Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission 305 E. Hamilton Avenue Washington, D.C. 20555 State College, Pennsylvania 16801 David J. Preister, Esq.

Dr. Richard Cole, Member Assistant Attorney General Atomic-Safety and Licensing Environmental Protection Board Division U.S. Nuclear Regulatory P.O. Box 12548 Commission Capitol Station Washington, D.C. 20555 Austin, Texas 78711 4

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Mr. Richard L. Fouke Mrs. Juanita Ellis CFUR President, CASE 1668B Carter Drive 1426 South Polk Street Arlington, Texas 76010 Dallas, Texas 75224 Arch C. McColl, III, Esq. Mr. Geoffrey M. Gay 701 Commerce Street West Texas Legal Services Suite 302 100 Main Street (Lawyers Bldg.)

Dallas. Texas 75202 Fort Worth, Texas 76102 Jeffery L,- Hart, Esq. Mr. Chase R. Stephens 4021 Prescott Avenue Docketing & Service Branch Dallas, Texas 75219 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 1 _

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William A. Horin l cc: Homer C. Schmidt Spencer C. Relyea, Esq.

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