ML19336A732

Response in Opposition to Jf Doherty Motion to Join Rejected Contention 1 W/Contention Admitted in ASLB 800926 Order Re Health Effects of Low Level Radiation.Contention Challenges Regulations & ASLB Feb 1979 Order.Certificate of Svc Encl

ML19336A732
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	10/28/1980
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-CP, NUDOCS 8010300599
Download: ML19336A732 (5)

Text

e October 28, 19566 l' ,

UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION jJ as v6'.\

'j BEFORE THE ATOMIC SAFETY AND LICENSING BOARDij cc . 2 7 '@ y C'e+

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In the Matter of )

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

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(Allens Creek Nuclear Generating )

Station, Unit No. 1) )

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APPLICANT'S RESPONSE TO JOHN F. DOHERTY'S MOTION TO HAVE HIS CONTENTION #1 JOINED WITH THE RECENTLY ADMITTED CONTENTION ON THE HEALTH EFFECTS OF ROUTINE RADIATION EMISSIONS Applicant files this response to the motion of Intervenor John F. Dohelty for admission of his previously rejected contention #2 as part of the consolidated contention relating to the health effects of low level radiation admitted by the Board on September 26, 1980. For the reasons discussed aelow, Applicant urges the Board to deny Mr. Doherty's motior4.

• /

Mr. Doherty's contention #1~ was rejected by the Board in February, 1979 on grounds that the contention sought to challenge the Commission's regulations set forth in Appendix I

• / The wording of Mr. Doherty's contention #1 as attached to Eis April 7, 1980 letter to the Board is the language contained in his stipulation with the NRC Staff dated September 29, 1978. The Board specifically rejected this contention as challenging the Commission's regulations without a showing of special circumstances. In addition, the Board also rejected Mr. Doherty's amendment to his contention #1 on grounds that it lacked an adequate basis and was "without foundation" and refused to waive the requirements of Appendix l I under 10 CFR S 2.758. Order Ruling Upon Intervention ,

Petitions, pp. 21-22 (February 9, 1979). )

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a to 10 CFR Part 50. The Board ruled that "the thrust of these allegations is that the NRC's own regulations do not provide adequate protection to the health and safety of the public with respect to the operation of the proposed ACNGS."

Order Ruling Upon Intervention Petitions, pp. 20-21 (February 9, 1979).

In effect, Mr. Doherty is now asking the Board, some 20 months later, to reconsider its ruling on this issue alleging that there has been some unspecified "significant change" in light of the Commission's recent decision in Black Fox.~*/

The only "significant change" which has occurred is Mr.

Doherty's perception of thn nature of his contention. From a reading.of the language of contention #1 attached to Mr.

Doherty's April 7, 1980 letter to the Board, it is clear now, just as it was clear to the Board back in February, 1979, that the contention constitutes an impermissible challenge to the provisions of Appendix I. The contention alleges that the radioactive effluents from ACNGS will not be "as low as reasonably achievable," and that " [tlechnology exists which will reduce the amount of such substances which will be released by the plant." Clearly, Mr. Doherty does not seek to litigate the environmental issue of the health effects of releases within Appendix I limits, as permitted by the Black' Fox decision. Rather, he seeks to require the reduction in the amount of releases which are allowed by Appendix I. The latter constitues an impermissible challenge to the Commission's health and safety regulations.

• / Public Service Company of Oklahoma (Black Fox Station, Units I and 2), CLI 80-31, 12 NRC (September 22, 1980).

a The Board should deny Mr. Doherty's motion.

Respectfully submitted, 0- C&

Jack R. Newman Robert H. Culp David B. Raskin 1025 Connecticut Avenue, NW Washington, DC 20036 J. Gregory Copeland C. Thomas Biddle Darrell Hancock 3000 One Shell Plaza Houston, Texas 77002 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY OF COUNSEL:

LOWENSTEIN, NEWMAN, REIS,.

AXELRAD & TOLL 1025 Connecticut Avenue, NW Washinoton, DC 20036 BAKER &-BOTTS

.3000 One Shell Plaza Houston, Texas 77002

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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 Applicant's Response to John F. Doherty's Motion to Have His Contention #1 Joined With the Recently Admitted Contention on the Health Effects of Routine Radiation Emissions, have been served on the following by deposit in the United States mail, postage prepaid, this 28th day of October, 1980:

Sheldon J. Wolfe, Esq., Chairman Susan Plettman, Esq.

Atomic Safety and Licensing David Preister, Esq.

Board Panel State Attorney General's Office U.S. Nuclear Regulatory Commission P.O. Box 12548 Washington, DC 20555 Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Watkinsville, Georgia 30677 Hon. Charles J. Dusek Mayor, City of Wallis Mr. Gustave A. Linenberger P. O. Box 312 Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge , Austin County Washington, DC 20555 P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Sec+. ion Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555

James M. Scott, Jr.

Richard Black, Esq. 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 Rosenberg, Texas 77471 Att: Clarence Johnson Bryan L. Baker Executive Director 1923 Hawthorne Box 237 U.S. Houston, Texas 77098 University of Houston Houston, Texas 7704 J. Morgan Bishop Margaret Bishop Carro Hinderstein 11418 Oak Spring 609 Fannin Street Houston, Texas 77043 Suite 521 Houston, Texas 77002 W. Matthew Perrenod 4070 Merrick D. Marrack Houston, Texas 77024 420 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell Houston, Texas 77074 F. H. Potthoff, III 7200 Shady Villa, #110 Houston, Texas 77080 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 N-l l

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