ML19337B030

Response to ASLB 800917 Order for 801201 Hearings.Proposes Trial of Contentions in Order Listed by NRC in Exhibit a to NRC 800718 ltr.On-line Dates for Facility Are Now Projected for 1988.Certificate of Svc Encl

ML19337B030
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	09/25/1980
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 8010010219
Download: ML19337B030 (5)

Text

,

4(

• September 25, 1980 W A UNITED STATES OF AMERICA oggggr .

NUCLEAR REGULATORY COMMISSION > t,g 7 BEFORE THE ATOMIC SAFETY AND LICENSING S Ng 2910gg y 0#acrg, &

Dxi

' ri:0 In the Matter of S $

S 6'

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-4 S

(Allens Creek Nuclear Generating S Station, Unit 1) S REPLY ON BEHALF OF HOUSTON LIGHTING & POWER COMPANY TO ORDER OF SEPTEMBER 17, 1980

, On September 17, 1980, the Board issued an order notifying the parties that it could now be available for hearings beginning as early as December 1, 1980. Applicant urges the Board to begin hearings on December 1, to continue through Decem'oer 19 and to resume on January 5, 1981.

Applicant proposes that the contentions be tried in the order listed in Exhibit A to the NRC Staff's letter of July 18, 1980.

In its Motion for Schedule filed on August 7, 1980, Applicant set forth the reasons why it believed the hearing could begin on October 21, 1980. The Staff filed a letter or. July 18, 1980, also supporting an October 21 hearing date. Applicant believes that the considerations

~

Dso3 5

1 0

8010 slo 2fp

).

set forth in its earlier motion, as well as the factors described in the Staff's letter, are still valid and clearly support establishment of a December 1 trial date.

Nothing has intervened since the J:tte of the last prehearing conference which would alter the reasons for proceeding to trial. The schedule proposed for an Octo-ber 21 trial date included sufficient time for responding to motions for summary disposition of contentions. TexPirg was the only party that had to respond to such motions while also preparing for hearings on the environmental contentions.~1/

With the extension to December 1, TexPirg can have no legitimate complaint about inadequate time. There is absolutely no reason why TexPirg cannot prepare for trial in the two 2/

months between October 2 and December 1.

1/ Intervenor Doherty's motion for additional time to respond to the motions for summary disposition filed by Applicant and Staff should have no bearing on the ques-tion of whether to set a December 1 trial date. Mr.

Doherty has no responsibility for any of the environ-mental issues, so he has no need to prepare for a December 1 trial date.

2/ TexPirg has attached a one paragraph request for an extension of time within which to file motions for sura-mary disposition to its motion for summary disposition of Contention 3. No good cause for the extension is provided. However, even if the Board were to grant TexPirg's request for additional time to file motions for summary disposition, such action should not affect the December 1 date. If TexPirg's request were to be granted they would still have 45 days before Decem-ber.1 to prepare for trial. j i

l

In resp se to the Board's question with respect to the past and present projected on lines dates for ACNGS, when the project was reactivated in 1977 it was scheduled to be on line in 1985. The on-line date has slipped each year that the hearing schedule has slipped and it is now projected to have a 1988 on-line date.

Respectfully submitted,

(

V. MV' OF COUNSEL: J. Gregorg @ eland C Thoc.3W B pdle, Jr.

BAF.ER & BOTTS arles 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 r ~

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 1

1 In the Matter of S )

S l

HOUSTON LIGHTING & POWER COMPANY S Docket No. 50-466 1 S j (Allens Creek Nuclear Generating S l Station, Unit 1) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Reply on Behalf of Houston Lighting & Power Company to j Order of September 17, 1980 in the above-captioned pro-ceeding were served on the following by deposit in the United States mail, postage prepaid, or by nand-delivery this 25th day of September, 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, Te::as 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 U.S. 1;uclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Mr Chase R. Stephens Atomic Safety and Licensing P eketing and Service SecHcn Appeal Board Grfice of the Secretary U.S. Nuclear Regulatory of the Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Richard Lowerre, Esq. Steve Schinki Assistant Attorney General Staff Counsel P. O. Box 12548 U.S. Nuclear Reguistory Capitol Station Commission Austin, Texas 78711 Washington, D. C. 20555

I Bryan L. Baker Brends McCorkle 1118 Montrose 6140 Darnell Houston, Texas 77019 Houston, Texas 77074 J. Morgan Bishop W. Matthew Perrenod 11418 Oak Spring 4070 Merrick Houston, Texas 77043 Houston, Texas 77025 Stephen A. Doggett F. H. Potthoff P. O. Box 592 7200 Shady Villa, No. 110 Rosenberg, Texas 77471 Houston, Texas 77055 John F. Doherty Wayne E. Rentfro 4327 Alconbury P. O. Box 1335 Houston, Texas 77021 Rosenberg, Texas 77471 Carro Hinderstein William Schuessler 609 Fannin, Suite 521 5810 Darnell Houston, Texas 77002 Houston, Texas 77074 D. Marrack James M. Scott 420 Mulberry Lane 13935 Ivy Mount Bellaire, Texas 77401 Sugar Land, Texas 77478 J. Grego C elan 6