ML19331D204

Applicant Motion to Set Schedule for Commencing Evidentiary Hearings.Requests That ASLB Adopt,At Upcoming Prehearing Conference,Schedule Proposed by Staff & Begin Hearings in Oct 1980.Certificate of Svc Encl

ML19331D204
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	08/07/1980
From:	Newman J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19331D202	List: ML19331D201 ML19331D204
References
NUDOCS 8008270477
Download: ML19331D204 (7)

Text

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8-07-80

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f off3

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HOUSTON LIGHTING & POWER ) Docket No. 50-466 COMPANY )

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(Allens Creek Nuclear )

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No. 1) )

APPLICANT'S MOTION TO SET A SCHEDULE FOR COMMENCING EVIDENTIARY HEARINGS On July 18, 1980, the Staff addressed a letter to the Licensing Board concerning a meeting among the Staff, Applicant and several of the intervenors held on July 10, to discuss a schedule for the completion of prehearing procedures and the commencement of evidentiary hearings.

In its letter, the Staff set forth a proposed schedule based upon discussions with the Applicant, and modified to reflect concerns raised by the intervenors at the July 10, meeting.

l The Staff also proposed that the Board hold a Prehearing l

Conference to discuss the proposed schedule. The Board's

' Order Scheduling Prehearing Conference" dated July 22, adopted the Staff's latter proposal and set a Conference date of August 13, 1980, in order to consider: (1) setting due dates for the responses to motions for summary dispo-sition; (2) es'tablishing dates for the filing of testimony i

susno 477

2-and commencement of the first phase of the evidentiary hearing; (3) simplifying the many contentions admitted as issues in this proceeding.

Applicant hereby moves the Board to issue a prehearing conference order adopting the schedule recommended by the Staff. Applicant sets forth below, the reasons why the Staff's proposed schedule is fair to all the parties and should be adopted by the Board. Applicant files this motion at this time to allow the Board to fully consider the merits of the proposed schedule in advance of the Prehearing Con-ference so that its ruling can be made at the Conference.

Such a prompt ruling will give all parties the maximum possible time to prepare testimony and respond to motions for summary disposition.

Intervenors Doherty, Baker and Marrack have separately filed either a letter er motion arguing that the Staff's proposed schedule should not be adopted. TexPirg, although ,

it has not submitted a written statement of its position, indicated clearly at the July 10, meeting, that it was strongly opposed to the Staff's proposal. Applicant contends that if the Board considers the burden imposed on each of l

these parties by the proposed schedule, it is quite clear that none of them has cause to complain. In fact, I as discussed below, the schedula set forth in the Staff's recent letter to the Board reflects precisely the separate i

3-I interests, positions and burdens imposed on each party.

Intervenor Doherty .

In a motion dated July 14, 1980, intervenor John Doherty argues that it will take him until January, 1981 to respond to motions for summary disposition. While Staff and Applicant have filed a number of motions for summary disposition on intervenor Doherty's contentions, all of this intervenor's contentions raise safety issues which would not be heard until sometime in 1981 under the Staff's schedule. Therefore, he will not be required to prepare any testimony for the first phase of hearings during the period in which he will be responding to motions

' for summary disposition, nor for a significant time there-after. Moveover, Applicant and Staff have substantially reduced the number of Mr. Doherty's contentions as to which motions for summary disposition have been filed. Instead of filing motions for summary disposition on 33 of his con-tentions as originally intended, Staff and Applicant have filed motions on only 14. Thus , the burden on Mr. Doherty in responding to su= mary disposition motions has been Even by his own conservative count, Mr.

substantially reduced.

Doherty could complete all of his responses before the date suqqested by Staff for filing his responses and well before the proposed commencement of hearings. /

• /

Mr. Doherty claims it will take 5 days to prepare Computinga response 5 days t -

to each motion for summary disposition.

[ footnote continued on next page]

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1 His concern that he will not be able to attend the environ-mental hearings is therefore alleviated.

Intervenor TexPirg Intervenor TexPirg has, under the proposed schedule, several environmental contentions to be litigated early r

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in the proceeding as well as a few safety contentions on which Staff and Applicant have filed motions for summary disposition. For the reasons set forth below, the burden placed on TexPirg is not unreasonable.

First, Applicant and Staff have filed motions for l

summary disposition on only five (5) of TexPirg's contentions.

A period of approximately 60 days to respond to 5 motions for summary disposition does not, in Applicant's view, con-stitute such a heavy burden on TexPirg as to require an adjust-ment to the hearing schedule.- j Second, all of the five

[ Footnote continued from previous page.]

gives 70 days per contention, total times 14 contentions,Beginning on July 18, the date on to respond.

which Mr. Doherty was served notice of which of his contentions would be subject to motions for summary disposition, and counting forward 70 days, Mr. Doherty date proposed by the Staff,By and well October 1, before Mr.Doherty the Octo-will ber 20. hearing date.

have had Applil' ant's motionsin hand for 57 days.

• • / The Commission's regulations permit only 20 days for the filing of responses to motions for summary dispo-sition. 10"CFR S2.749.

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contentions which are the subject of Staff and Applicant motions for summary disposition are safety contentions.

i Presumably, the experts upon whom TexPirg will rely to file responses on these technical safety issues will not be the same persons as those who will prepare testimony on its entirely unrelated environmental contentions. Of course, if TexPirg does not intend to file affirmative testinonv on most or all of its environmental contentions, its burden will be very small indeed.

Finally, TexPirg's environmental contentions that i are proposed for early hearing sessions are among the first filed by that party almost two years ago. Accordingly, TexPirg has had a substantial amount of time to begin pre-paration for the trial of these issues.

Intervenor Baker In a letter dated July 16, 1980, intervenor Baker makes two arguments regarding the effect of the Staff's proposals on the financial qualifications intervenors. / Intervenor

-*/ Mr. Baker also argues that the proposed schedule imposes an unf air burden on some other parties; a matter not of concern to him and which has, in any case, been addressed above. In addition, he complains that he was not con-sulted by Staff and Applicant before they adopted and (Footnote continued on next page]

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first argues that the September 15 date recommended in the schedule for a prehearing conference is too tight. Appli-cant cannot understand the intervenor's concern since the proposed schedule for hearing environmental issues, which runs through early 1981, does not set forth any date for the financial qualifications contention. Since the schedule does not anticipate litigating his concerns in the first phase of hearings, no burden whatsoever has been placed upon this party. Mr. Baker will have ample time to review and digest all of the material mentioned in his letter before ,

the relevant hearings begin.

Intervenor Baker also argues " strenuously" about "the way in which Staff and Applicant handled the rewriting of contentions." At the July 10, meeting, Mr. Baker expressed concern that as he understood the proposed rewording of his financial qualifications contention, it did not include the allegation that Applicant has not and will not obtain ade-quate rate relief from the Texas P.U.C., and that he might therefore be precluded from litigating this question. This matter was subsequently included in the Staff's reworded contention, and the argument is therefore moot.

Intervenor Marrack Finally, intervenor Marrack has argued, in a motion dated July 23, 1980, that evidentiary hearings should not commence until April, 1981. Dr. Marrack offers no justifi-t

[ Footnote continued from previous pagel presented a proposed schedule. The Board has already t

' ruled on this issue in its July 29, 1980 Order, p.2 n.l.

I cation for this extended delay, and in fact, his proposal has no justification. This intervenor has two (2) contentions admitted into this proceeding. It is entirely unreasonable for him to expect the amount of time he has requested to prepare testimony on them.

In Applicant's view, the schedule proposed by the Staff does not impose an unreasonable burden on any party, including those who have filed no protest. It has now been over 18 months since the first group of intervenors was admitted by this Board. The time has arrived, finally, to consider the merits of the numerous factual issues raised by the intervenors

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t in this proceeding. Accordingly, Applicant requests the Board to adopt, at the upcoming Prehearing Conference, the schedule proposed by the Staff and begin evidentiary hearings in October, 1980.

Respectfully submitted, 4

OF COUNSEL: Jack R. Newman LOWENSTEIN, NEWMAN, REIS, Robert H. Culp AXELRAD & TOLL David B. Raskin 1025 Connecticut Ave., N.W. 1025 Connecticut Ave., N.W.

Washington, D.C. 20036 Washington, D.C. 20036 J. Gregory Copeland C. Thomas Biddle, Jr.

BAKER & BOTTS Darrell Hancock 3000 One Shell Plaza 3000 One Shell Plaza Hous+ an, Texas - 77002 Houston, Texas 77002

(

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

(

In the Matter of ) _

)

HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466

)

(Allens Creek Nuclear Generating )

Station, Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing:

APPLICANT'S MOTION TO SET A SCHEDULE FOR COMIiENCING EVIDENTIARY HEARINGS was served upon the following persons, by hand *, or by deposit in the United States Mail, first class postage prepaid, this 7th day of August, 1980.

David B. Raskin I

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• Sheldon J. Wolfe, Esq., Chairman Atomic Safety and Licensing i Board Panel U.S. Nuclear Regulatory Co= mission Wcshington, DC 20555 Richard Lowerre, Esq.

Assistant Attorney General

1. Dr. E. Leonard Cheatum for the State of Texas Route 3, Box 350A P. O. Box 12548 Watkinsville, Georgia 30677 Capitol Station Austin, Texas 78711

• Mr. Gustave A. Linenberger Atomic Safety and Licensing Hon. Charles J. Dusek Board Panel Mayor, City of Wallis U.S. Nuclear Regulatory Commission P. O. Box 312 Washington, DC 20555 Wallis, Texas 77485

• Chase R. Stephens Hon. Leroy H. Grebe Docketing and Service Section County Judge, Austin County Office of the Secretary of P. O. Box 99 the Commission Bellville, Texas 77418 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Appeal Board Washington, DC 20555 U.S. Nuclear Regulatory Com=ission Washington, DC 20555 I

i 1

1 James M. Scott, Jr.

• Steve Schinki, Esq. 2 13935 Ivy Mount I Staff Counsel Sugar Land, Texas 77478 U.S. Nuclear Regulatory Commission William-Schuessler

'S Washington, DC 20555 5810 Darnell Houston, Texas 77074 Joha F. Doherty 4327 Alconbury Street

' Houston, Texas 77021 Stephen A. Doggett, Esq.

P. O. Box 592 Rosenberg, Texas 77471 Madeline Bass Framson 4822 Waynesboro Drive Bryan L. Baker Houston, Texas 77035 l 1923 Hawthorne Houston, Texas 77098 i Robert S. Framson 4822 Waynesboro Drive J. Morgan Bishop Houston, Texas 77035 Margaret Bishop 11418 Oak Spring Carro Hindersuein Houston, Texas 77043 609 Fannin Street Suite 521 W. Matthew Perrenod Houston, Te: as 77002 4070 Merrick Houston, Texas 77024 D. Marrack 420 Mulberry Lane Bellaire, Texas 77401 TexPIRG

( Att: Clarence Johnson Brenda McCorkle Executive Director Box 237 U.C 6140 Darnell University of Houston Houston, Texas 77074 Houston, Texas 77004 F. H. Potthoff, III 7200 Shady villa, #110 Houston, Texas 77080 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 David B. Raskin

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION / \'

• BEFORE THE ATOMIC SAFETY AND LICENSING BOARD [ .,

b I Q m.ui g .

u- n 0 3 In the Matter of )

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HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466

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(Allens Creek Nuclear Generating ) $/L Station, Unit 1) )

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CERTIFICATE OF SERVICE I hereby -::ertify that copies of the foregoing Applicant's letter of August 22, 1980, to the Chairman, ASLB Panel, in the above-captioned proceeding were served on the following by deposit in the United States mail, postage pre-paid, or by hand-delivery this 22nd day of August, 1980.

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Coeraission P. O. Box 12548 Washington, DC 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission t

County Judge, Austin County Washington, DC 20555 P. O. Box 99 Bellville, T..

77418 Chase R. Stephens Docketing and Service Section Atomic Safety a..c Licensing Office of the Secretary of Board Panel the Commission U.S. Nuclear Regulatory Cc:Taission U.S. Nuclear Regulatory Commission Washington, DC 20555 ilashington, DC 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 I

i

Steve Schinki, Esq. James M. E ..c, Jr.

Staff Counsel 13935 Ivy Mount U.S. Nuclear Regulatory Sugar Land, Texas 77478 Commission Washington, DC 20555 William _Schuessler 5810 Darnell John F. Doherty Houston, Texas 77074 4327 Alconbury Street Houston, Texas 77021 Stephen A. Doggett, Esq.

P. O. Box 592 Madeline Bass Framson Rosenberg, Texas 77471 4822 Waynesboro Drive Houston, Texas 770' Bryan L. Baker 1923 Hawthorne Robert S. Framson Houston, Texas 77098 4822 Waynesboro Drive Houston, Texas 77035 J. Morgan Bishop Margaret Bishop 11418 Oak Spring Carro Hinderstein Houston, Texas 77043 609 Fannin Street Suite 521 Houston, Texas 77002 W. Matthew Perrenod 4070 Merrick Houston, Texas 77024 D. Marrack 420 Mulberry Lane Bellaire, Texas 77401 TexPIRG Att: Clarence Johnson Brenda McCorkle Executive Director 6140 Darnell Box 237 U.C Houston, Tex:ss 77074 University of Houston Houston, Texas 77004 F. H. Potthoff, III 7200 Shady Villa, #110 Houston, Texas 77080 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 h '

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/JackR.Newman

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