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Category:INTERVENTION PETITIONS
MONTHYEARML20106D3131992-10-0505 October 1992 Suppl to Petition to Intervene & Request for Hearing of Bi Orr,Di Orr,Jj Macktal & SM Hasan.* Board Should Admit Petitioner Contention 1 for Listed Reasons.W/Certificate of Svc ML20099J8751992-08-14014 August 1992 TU Electric Answer to Petition for Intervention & Request for Hearings by Dows.* Petition to Intervene Should Not Be Accepted for Filing Because Petition Contains Untrue & Scandalous Allegations.Certificate of Svc & Other Info Encl ML20099H1071992-08-0606 August 1992 TU Electric Answer to Petition to Intervene & Request for Hearing of Bi Orr,Di Orr,Jj Macktal & SMA Hasan.* Petition Should Be Denied Re Macktal & Hasan Since Neither Showed Standing to Intervene.W/Notices & Certificate of Svc ML20114A9331992-07-28028 July 1992 Petition of SL Dow Dba Disposable Workers of Comanche Peak Ses & RM Dow for Intervention & Request for Hearings.* Licensee Seeks to Extend Expiration Date of CP for Period of Addl 3 Yrs.W/Certificate of Svc ML20099H0921992-07-27027 July 1992 Petition to Intervene & Request for Hearing of Bi Orr, Di Orr,Jj Macktal & SMA Hasan.* Requests That Hearing Be Convened to Determine Whether Good Cause Exists for Extension of CP Completion Date.Certificate of Svc Encl ML19325D6381989-10-20020 October 1989 Request to Continue Proceedings & Petition to Intervene by Citizens for Fair Util Regulation & Greater Fort Worth Group of Lone Star Chapter of Sierra Club.* Petitioners Have Requisite Interest to Establish Standing ML20154G7591988-09-12012 September 1988 Citizen for Fair Util Regulation (Cfur) First Suppl to 880811 Request for Hearing & Petition for Leave to Intervene.* Cfur 880811 Request for Hearing & Petition for Leave to Intervene Should Be Granted.W/Certificate of Svc ML20153D1361988-08-26026 August 1988 Applicant Answer to Request for Hearing & Petition for Leave to Intervene by Citizens for Fair Util Regulation.* Request Should Be Denied Based on Inability to Develop Allegations. Certificate of Svc Encl ML20207E5261988-08-11011 August 1988 Request for Hearing & Petition for Leave to Intervene by Citizens for Fair Util Regulation.* ML20150E2131988-07-13013 July 1988 Citizens Audit Motion for Stay & Motion for Sua Sponte Relief.* Requests Time to Review Concerns of J Doe & for Relief for Listed Items in Order to Act as Intervenor in Proceeding.W/Certificate of Svc ML20150E2071988-07-11011 July 1988 Second Group of Individual Residents Motion for Leave to Intervene & Motion for Sua Sponte Relief.* Requests That All Settlement Agreements Re Joint Stipulation Be Ordered Publicly Released.W/Certificate of Svc ML20150E3301988-07-11011 July 1988 Greater Fort Worth Sierra Club Motion for Leave to Intervene & Motion for Sua Sponte Relief.* Requests That Relief for Listed Items Be Granted Sua Sponte to Address Complex safety-related Issues.W/Certificate of Svc ML20150D5371988-07-0808 July 1988 Individual Residents Motion to Intervene & for Sua Sponte Relief.* Listed Petitioners Request Relief That All Settlement Agreements Re Joint Stipulation Be Publicly Released & 880713 Hearing Be Extended.W/Certificate of Svc ML20150D5141988-07-0808 July 1988 Citizens for Fair Util Regulation Motion to Intervene & for Sua Sponte Relief.* Petitioner Requests That All Settlement Agreements Re Joint Stipulation Be Ordered Publicly Released & That 880713 Hearing Be Continued for 60 Days ML20211H3921986-10-31031 October 1986 Consolidated Intervenors Motion to Dismiss Pending Appeal as Moot &/Or for Lack of Jurisdiction & to Immediately Dissolve Order Staying Discovery.Certificate of Svc Encl ML20210N2811986-09-30030 September 1986 Consolidated Intervenors Amended Contentions 1 & 2 Re Reinsp Efforts & Const Delay.Certificate of Svc Encl ML20203G4731986-04-18018 April 1986 Answer Opposing M Gregory & Case 860407 Petition for Leave to Intervene Re NRC 860210 Order Extending Completion Date for CPPR-126 to 880801.Contentions Fail to Satisfy 10CFR2.714(b) Criteria.W/Certificate of Svc ML20203D5681986-04-17017 April 1986 Permittees Answer to Petitions to Intervene of Case & M Gregory.Certificate of Svc Encl ML20199K7401986-04-0707 April 1986 Petition of M Gregory for Leave to Intervene Re Improper Const & Invalid Util Justification for Delay.Affidavit of M Gregory & Certificate of Svc Encl.Served on 860409 ML20202G4751986-04-0707 April 1986 Petition of Case for Leave to Intervene & Request for Hearing.Certificate of Svc & Jl Howard Affidavit Encl ML20151U6791986-02-0505 February 1986 Response to Ha Stiner Request to Intervene late.Late-filed Petition Should Be Denied.W/Certificate of Svc ML20137Q0151985-12-0202 December 1985 Answer Supporting Applicant 851105 Petition for Directed Certification of ASLB 851031 Order for Review.Order Adversely Affects Basic Structure of OL Proceeding. Certificate of Svc Encl ML20086B0001983-11-0808 November 1983 Response Opposing Citizens Concerned About Nuclear Power 831020 Motion for New Contention Re Alleged Instability of Soil Beneath Site.Good Cause Not Shown for Late Filing. Certificate of Svc Encl ML20081G7771983-11-0303 November 1983 Answer Opposing Citizens Assoc for Sound Energy (Case) 831024 Motions to Add New Contention & for Discovery Re Hot Functional Test Results.Case Should Have Begun to Pursue Subj Matter by 830513 ML20081A4291983-10-20020 October 1983 Motion for New Contention Re Instability of Soil Beneath Facility.Recently Submitted Deficiency Rept Provides Sufficient Evidence to Warrant Inquiry.Certificate of Svc Encl ML20080S3261983-10-13013 October 1983 Motion to Add Proposed Contention 26 Re Hot Functional Test, Motion for Discovery & Offer of Proof.Certificate of Svc Encl ML20024A5251983-06-12012 June 1983 Answer Opposing State of Tx 830609 Motion for Admission of New Contention Re Adequacy of Emergency Planning.Proposed Contention Lacks Requisite Specificity & Bases for late-filed Contentions.Certificate of Svc Encl ML20024A0311983-06-0909 June 1983 Motion for Admission of New Contention Re Adequacy of Emergency Planning.Somervell County & Hood County Commitment,Expertise & Resources Inadequate to Adopt & Implement Emergency Plans.Certificate of Svc Encl ML20071P7651983-05-30030 May 1983 Suppl to 830318 Motion to Admit New Contention on Util Financial Qualifications.Adequate Grounds for Waiver of Rule of Financial Qualifications Review Established & Good Cause Shown for Late Filing ML20072S7011983-04-0404 April 1983 Response Opposing Citizens Concerned About Nuclear Power 830318 Motion for Admission of New Contention on Financial Qualifications.Citizens Failed to Comply W/Procedural Requirements.Certificate of Svc Encl ML20072P9581983-03-29029 March 1983 Corrections to Citizens Concerned About Nuclear Power 830322 Motion for New Contention.Certificate of Svc Encl ML20069F5561983-03-18018 March 1983 Motion for New Contention Re Util Lack of Financial Qualifications to Complete & Operate Plant Safely.Puc of Tx Denied Util Rate Increase Request & City of Austin,Tx Sued Util for Refund of Investment.Certificate of Svc Encl ML20063H0351982-08-26026 August 1982 Motion to Add New Contention 26 Re Apparent Applicant Violation of 10CFR50,App A,Criterion 1,requiring Possession of Design Criteria for Pipe Support Sys & Components at Site.Certificate of Svc Encl ML19340D3001980-11-25025 November 1980 Supplemental Response,Submitted to Ferc,On DOJ 800917 Petition to Intervene.Doj Position Is Irrelevant to Approval of Supplemental Offer of Settlement & Should Be Denied W/O Prejudice.Supporting Info & Certificate of Svc Encl ML19338E9471980-09-17017 September 1980 Petition for Leave to Intervene ML19331C5331980-08-13013 August 1980 Answer in Support of Tx Border Cooperatives 800731 Petition to Intervene.Good Cause Shown for Late Filing.No Other Means Exist to Protect Interests.Intervention Would Assist in Development of Sound Record.Certificate of Svc Encl ML19338C4101980-08-13013 August 1980 Response in Support of Tx Border Cooperatives Petition to Intervene.Nexus Requirement for Util Operations Affected by Dc Interconnection Satisfied.Untimeliness Is Measured by Necessity to Preserve Rights.Certificate of Svc Encl ML19330C5831980-08-0707 August 1980 Response in Opposition to Tx Border Cooperative Petition to Intervene.Good Cause Not Shown.Cooperative Interests Can Be Protected in Pending FERC Hearing.Petitioners Failed to Show Participation Would Assist in Development of Record ML19330B5911980-07-31031 July 1980 Petition for Untimely Intervention.Petitioners Had Reason to Believe That Interests Would Be Adequately Protected by Other Utils,But Significant Developments Created Concerns Re Dc Interconnections.Certificate of Svc Encl ML19331D9051980-07-31031 July 1980 Response to Applicants,Central & South West Corp & City of Austin,Tx Objections to Tx Border Cooperative Petition to Intervene.Asserts Interests Under LBP-74-13.Urges Full Party Participation.W/Certificate of Svc ML19309H6591980-04-10010 April 1980 Statement of Position in Opposition to Citizens Association for Sound Energy Proposed Contentions.Intervenor Failed to Submit Allegations Warranting Admission in Proceeding. Proposed Contentions & Certificate of Svc Encl ML19323B5551980-04-10010 April 1980 Statement of Position in Opposition to Tx Association of Community Organizations for Reform Now Proposed Contentions. Intervenor Failed to Submit Allegations Warranting Admission in Proceeding.Certificate of Svc Encl ML19344D5751980-03-25025 March 1980 Response in Opposition to Public Utils Board of City of Brownsville,Tx 800317 Comments Requesting Admittance as Party in Consolidated Proceeding.Statement of Interest Untimely & Vague.Certificate of Svc Encl 1992-08-06
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20106D3131992-10-0505 October 1992 Suppl to Petition to Intervene & Request for Hearing of Bi Orr,Di Orr,Jj Macktal & SM Hasan.* Board Should Admit Petitioner Contention 1 for Listed Reasons.W/Certificate of Svc ML20099J8751992-08-14014 August 1992 TU Electric Answer to Petition for Intervention & Request for Hearings by Dows.* Petition to Intervene Should Not Be Accepted for Filing Because Petition Contains Untrue & Scandalous Allegations.Certificate of Svc & Other Info Encl ML20099H1071992-08-0606 August 1992 TU Electric Answer to Petition to Intervene & Request for Hearing of Bi Orr,Di Orr,Jj Macktal & SMA Hasan.* Petition Should Be Denied Re Macktal & Hasan Since Neither Showed Standing to Intervene.W/Notices & Certificate of Svc ML20114A9331992-07-28028 July 1992 Petition of SL Dow Dba Disposable Workers of Comanche Peak Ses & RM Dow for Intervention & Request for Hearings.* Licensee Seeks to Extend Expiration Date of CP for Period of Addl 3 Yrs.W/Certificate of Svc ML20099H0921992-07-27027 July 1992 Petition to Intervene & Request for Hearing of Bi Orr, Di Orr,Jj Macktal & SMA Hasan.* Requests That Hearing Be Convened to Determine Whether Good Cause Exists for Extension of CP Completion Date.Certificate of Svc Encl ML19325D6381989-10-20020 October 1989 Request to Continue Proceedings & Petition to Intervene by Citizens for Fair Util Regulation & Greater Fort Worth Group of Lone Star Chapter of Sierra Club.* Petitioners Have Requisite Interest to Establish Standing ML20154G7591988-09-12012 September 1988 Citizen for Fair Util Regulation (Cfur) First Suppl to 880811 Request for Hearing & Petition for Leave to Intervene.* Cfur 880811 Request for Hearing & Petition for Leave to Intervene Should Be Granted.W/Certificate of Svc ML20153D1361988-08-26026 August 1988 Applicant Answer to Request for Hearing & Petition for Leave to Intervene by Citizens for Fair Util Regulation.* Request Should Be Denied Based on Inability to Develop Allegations. Certificate of Svc Encl ML20207E5261988-08-11011 August 1988 Request for Hearing & Petition for Leave to Intervene by Citizens for Fair Util Regulation.* ML20150E2131988-07-13013 July 1988 Citizens Audit Motion for Stay & Motion for Sua Sponte Relief.* Requests Time to Review Concerns of J Doe & for Relief for Listed Items in Order to Act as Intervenor in Proceeding.W/Certificate of Svc ML20150E2071988-07-11011 July 1988 Second Group of Individual Residents Motion for Leave to Intervene & Motion for Sua Sponte Relief.* Requests That All Settlement Agreements Re Joint Stipulation Be Ordered Publicly Released.W/Certificate of Svc ML20150E3301988-07-11011 July 1988 Greater Fort Worth Sierra Club Motion for Leave to Intervene & Motion for Sua Sponte Relief.* Requests That Relief for Listed Items Be Granted Sua Sponte to Address Complex safety-related Issues.W/Certificate of Svc ML20150D5371988-07-0808 July 1988 Individual Residents Motion to Intervene & for Sua Sponte Relief.* Listed Petitioners Request Relief That All Settlement Agreements Re Joint Stipulation Be Publicly Released & 880713 Hearing Be Extended.W/Certificate of Svc ML20150D5141988-07-0808 July 1988 Citizens for Fair Util Regulation Motion to Intervene & for Sua Sponte Relief.* Petitioner Requests That All Settlement Agreements Re Joint Stipulation Be Ordered Publicly Released & That 880713 Hearing Be Continued for 60 Days ML20211H3921986-10-31031 October 1986 Consolidated Intervenors Motion to Dismiss Pending Appeal as Moot &/Or for Lack of Jurisdiction & to Immediately Dissolve Order Staying Discovery.Certificate of Svc Encl ML20210N2811986-09-30030 September 1986 Consolidated Intervenors Amended Contentions 1 & 2 Re Reinsp Efforts & Const Delay.Certificate of Svc Encl ML20203G4731986-04-18018 April 1986 Answer Opposing M Gregory & Case 860407 Petition for Leave to Intervene Re NRC 860210 Order Extending Completion Date for CPPR-126 to 880801.Contentions Fail to Satisfy 10CFR2.714(b) Criteria.W/Certificate of Svc ML20203D5681986-04-17017 April 1986 Permittees Answer to Petitions to Intervene of Case & M Gregory.Certificate of Svc Encl ML20199K7401986-04-0707 April 1986 Petition of M Gregory for Leave to Intervene Re Improper Const & Invalid Util Justification for Delay.Affidavit of M Gregory & Certificate of Svc Encl.Served on 860409 ML20202G4751986-04-0707 April 1986 Petition of Case for Leave to Intervene & Request for Hearing.Certificate of Svc & Jl Howard Affidavit Encl ML20151U6791986-02-0505 February 1986 Response to Ha Stiner Request to Intervene late.Late-filed Petition Should Be Denied.W/Certificate of Svc ML20137Q0151985-12-0202 December 1985 Answer Supporting Applicant 851105 Petition for Directed Certification of ASLB 851031 Order for Review.Order Adversely Affects Basic Structure of OL Proceeding. Certificate of Svc Encl ML20086B0001983-11-0808 November 1983 Response Opposing Citizens Concerned About Nuclear Power 831020 Motion for New Contention Re Alleged Instability of Soil Beneath Site.Good Cause Not Shown for Late Filing. Certificate of Svc Encl ML20081G7771983-11-0303 November 1983 Answer Opposing Citizens Assoc for Sound Energy (Case) 831024 Motions to Add New Contention & for Discovery Re Hot Functional Test Results.Case Should Have Begun to Pursue Subj Matter by 830513 ML20081A4291983-10-20020 October 1983 Motion for New Contention Re Instability of Soil Beneath Facility.Recently Submitted Deficiency Rept Provides Sufficient Evidence to Warrant Inquiry.Certificate of Svc Encl ML20080S3261983-10-13013 October 1983 Motion to Add Proposed Contention 26 Re Hot Functional Test, Motion for Discovery & Offer of Proof.Certificate of Svc Encl ML20024A5251983-06-12012 June 1983 Answer Opposing State of Tx 830609 Motion for Admission of New Contention Re Adequacy of Emergency Planning.Proposed Contention Lacks Requisite Specificity & Bases for late-filed Contentions.Certificate of Svc Encl ML20024A0311983-06-0909 June 1983 Motion for Admission of New Contention Re Adequacy of Emergency Planning.Somervell County & Hood County Commitment,Expertise & Resources Inadequate to Adopt & Implement Emergency Plans.Certificate of Svc Encl ML20071P7651983-05-30030 May 1983 Suppl to 830318 Motion to Admit New Contention on Util Financial Qualifications.Adequate Grounds for Waiver of Rule of Financial Qualifications Review Established & Good Cause Shown for Late Filing ML20072S7011983-04-0404 April 1983 Response Opposing Citizens Concerned About Nuclear Power 830318 Motion for Admission of New Contention on Financial Qualifications.Citizens Failed to Comply W/Procedural Requirements.Certificate of Svc Encl ML20072P9581983-03-29029 March 1983 Corrections to Citizens Concerned About Nuclear Power 830322 Motion for New Contention.Certificate of Svc Encl ML20069F5561983-03-18018 March 1983 Motion for New Contention Re Util Lack of Financial Qualifications to Complete & Operate Plant Safely.Puc of Tx Denied Util Rate Increase Request & City of Austin,Tx Sued Util for Refund of Investment.Certificate of Svc Encl ML20063H0351982-08-26026 August 1982 Motion to Add New Contention 26 Re Apparent Applicant Violation of 10CFR50,App A,Criterion 1,requiring Possession of Design Criteria for Pipe Support Sys & Components at Site.Certificate of Svc Encl ML19340D3001980-11-25025 November 1980 Supplemental Response,Submitted to Ferc,On DOJ 800917 Petition to Intervene.Doj Position Is Irrelevant to Approval of Supplemental Offer of Settlement & Should Be Denied W/O Prejudice.Supporting Info & Certificate of Svc Encl ML19338E9471980-09-17017 September 1980 Petition for Leave to Intervene ML19331C5331980-08-13013 August 1980 Answer in Support of Tx Border Cooperatives 800731 Petition to Intervene.Good Cause Shown for Late Filing.No Other Means Exist to Protect Interests.Intervention Would Assist in Development of Sound Record.Certificate of Svc Encl ML19338C4101980-08-13013 August 1980 Response in Support of Tx Border Cooperatives Petition to Intervene.Nexus Requirement for Util Operations Affected by Dc Interconnection Satisfied.Untimeliness Is Measured by Necessity to Preserve Rights.Certificate of Svc Encl ML19330C5831980-08-0707 August 1980 Response in Opposition to Tx Border Cooperative Petition to Intervene.Good Cause Not Shown.Cooperative Interests Can Be Protected in Pending FERC Hearing.Petitioners Failed to Show Participation Would Assist in Development of Record ML19330B5911980-07-31031 July 1980 Petition for Untimely Intervention.Petitioners Had Reason to Believe That Interests Would Be Adequately Protected by Other Utils,But Significant Developments Created Concerns Re Dc Interconnections.Certificate of Svc Encl ML19331D9051980-07-31031 July 1980 Response to Applicants,Central & South West Corp & City of Austin,Tx Objections to Tx Border Cooperative Petition to Intervene.Asserts Interests Under LBP-74-13.Urges Full Party Participation.W/Certificate of Svc ML19309H6591980-04-10010 April 1980 Statement of Position in Opposition to Citizens Association for Sound Energy Proposed Contentions.Intervenor Failed to Submit Allegations Warranting Admission in Proceeding. Proposed Contentions & Certificate of Svc Encl ML19323B5551980-04-10010 April 1980 Statement of Position in Opposition to Tx Association of Community Organizations for Reform Now Proposed Contentions. Intervenor Failed to Submit Allegations Warranting Admission in Proceeding.Certificate of Svc Encl ML19344D5751980-03-25025 March 1980 Response in Opposition to Public Utils Board of City of Brownsville,Tx 800317 Comments Requesting Admittance as Party in Consolidated Proceeding.Statement of Interest Untimely & Vague.Certificate of Svc Encl 1992-08-06
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20196G4021999-06-18018 June 1999 Comment on FRN Re Rev of NRC Enforcement Policy NUREG-1600, Rev 1 & Amend of 10CFR55.49.Concurs with Need to Provide Examples That May Be Used as Guidance in Determining Appropriate Severity Level for Violations as Listed ML20206H1881999-05-0606 May 1999 Exemption from Requirements of 10CFR50,App K Re ECCS Evaluation Models. Commission Grants Licensee Exemption ML20206H2221999-05-0404 May 1999 Exemption from Requirements of 10CFR50.60 That Would Allow STP Nuclear Operating Co to Apply ASME Code Case N-514 for Determining Plant Cold Overpressurization Mitigation Sys Pressure Setpoint.Commission Grants Exemption ML20206M5111999-04-30030 April 1999 Comment Supporting Draft RG DG-1083 Re Content of UFSAR IAW 10CFR50.71(e). Recommends That Listed Approach Be Adopted for Changes to Documents Incorporated by Ref CY-99-007, Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-0071999-02-22022 February 1999 Comment Supporting Proposed Changes to Improve Insp & Assessment Processes for Overseeing Commercial Nuclear Industry That Were Published in Fr on 990122 & in SECY-99-007 TXX-9825, Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps1998-12-14014 December 1998 Comment Endorsing NEI Comments on Proposed Rulemaking to 10CFR50.65, Requirements for Monitoring Effectiveness at Npps ML20195C7541998-11-0505 November 1998 Order Approving Application Re Proposed Corporate Merger of Central & South West Corp & American Electric Power Co,Inc.Commission Approves Application Re Merger Agreement Between Csw & Aep ML20155H5511998-11-0202 November 1998 Exemption from Certain Requirements of 10CFR50.71(e)(4) Re Submission of Revs to UFSAR ML20154C4101998-09-30030 September 1998 Comment Re Proposed Rule 10CFR50 Re Reporting Requirements for Nuclear Power Reactors.Comanche Peak Electric Station Endorses NEI Comment Ltr & Agrees with NEI Recommendations & Rationale ML20248K5051998-06-0909 June 1998 Confirmatory Order Modifying License (Effective Immediately).Answer for Request for Hearing Shall Not Stay Immediate Effectiveness of Order ML20216E1051998-04-0707 April 1998 Comment Supporting Draft RG DG-1029 Titled Guidelines for Evaluating Electromagnetic & Radio-Frequency Interference in Safety-related Instrumentation & Control Sys NOC-AE-000109, Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI1998-03-30030 March 1998 Comment on Proposed Rule 10CFR50 Re Rev to 10CFR50.55a, Industry Codes & Standards.South Texas Project Fully Endorses Comments to Be Provided by NEI ML20217H3611998-03-26026 March 1998 Comment Opposing Draft GL 97-XX, Lab Testing of Nuclear Grade Charcoal, Issued on 980225.Advises That There Will Be Addl Implementation Costs ML20198Q4851998-01-16016 January 1998 Comment Opposing PRM 50-63A by P Crane That Requests NRC Amend Regulations Re Emergency Planning to Require Consideration of Sheltering,Evacuation & Prophylactic Use of Potassium Iodide for General Public ML20211A4871997-09-12012 September 1997 Changes Submittal Date of Response to NRC RAI Re Proposed CPSES risk-informed Inservice Testing Program & Comments on NRC Draft PRA Documents ML20149L0311997-07-21021 July 1997 Comment on Draft Guides DG-1048,DG-1049 & DG-1050.Error Identified in Last Line of DG-1050,item 1.3 of Section Value/Impact Statement.Rev 30 Should Be Rev 11 ML20140A4871997-05-27027 May 1997 Comment Opposing Proposed Rule Re Safety Conscious Work Environ.Util Agrees W/Nuclear Energy Inst Comment Ltr ML20137U3531997-04-0808 April 1997 Order Approving Application Re Formation of Operating Company & Transfer of Operating Authority ML20133G5411996-12-0505 December 1996 Transcript of 961205 Meeting in Arlington,Tx Re Comanche Peak Thermo-Lag Fire Barriers. Pp 1-111 ML20135B7881996-11-29029 November 1996 Order Approving Corporate Restructuring of TU to Facilitate Acquistion of Enserch Corp ML20128M8011996-10-0303 October 1996 Comment Opposing Proposed NRC Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20116B8871996-07-19019 July 1996 Transcript of 960719 Predecisional Enforcement Conference Re Apparent Violations of NRC Requirements at Plant ML20097D7321996-02-0909 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Re CPSES Request for Amend to Its Regulations Dealing W/Emergency Planning to Include Requirement That Emergency Planning Protective Actions for General Public Include Listed Info ML20094Q6421995-11-28028 November 1995 Comment Supporting Petition for RM PRM-50-62 Re Amend to Regulation Re QAPs Permitting NPP Licensees to Change Quality Program Described in SAR W/O NRC Prior Approval If Changes Do Not Potentially Degrade Safety or Change TSs ML20094H4801995-11-0808 November 1995 Comment Supporting Nuclear Energy Inst Comments on Proposed Rules 10CFR60,72,73 & 75 Re Safeguards for Spent Nuclear Fuel or high-level Radwaste TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20091M6441995-08-25025 August 1995 Comment Opposing Proposed Rule Re Review of Revised NRC SALP Program.Believes That NRC Should Reconsider Need for Ipap or SALP in Light of Redundancy ML20086M7921995-07-0707 July 1995 Comment Supporting Proposed GL Process for Changes to Security Plan Without Prior NRC Approval ML20084A0181995-05-19019 May 1995 Comment Suporting Proposed Rule 10CFR50 Re Containment Leakage Testing.Supports NEI Comments ML20077M7311994-12-30030 December 1994 Comments Opposing Proposed Rule 10CFR50 Re Shutdown & Low Power Operations for Nuclear Power Reactors ML20077L8711994-12-22022 December 1994 Comment Supporting Proposed Rule 10CFR50,55 & 73 Re Reduction of Reporting Requirements Imposed on NRC Licensees ML20073B6951994-09-19019 September 1994 Affidavit of Cl Terry Authorizing Signing & Filing W/Nrc OL Amend Request 94-016 ML20073B6731994-09-19019 September 1994 Affidavit of Cl Terry Re License Amend Request 94-015 ML20072P5441994-07-13013 July 1994 Testimony of Rl Stright Re Results of Liberty Consulting Groups Independent Review of Prudence of Mgt of STP ML20092C3911993-11-15015 November 1993 Partially Deleted Response of Rl Balcom to Demand for Info ML20092C4031993-11-15015 November 1993 Partially Deleted Response of Hl&P to Demand for Info ML20058E0561993-11-10010 November 1993 Comment on Proposed Rule Re Staff Meetings Open to Public. Believes That NRC Has Done Well in Commitment to Provide Public W/Fullest Practical Access to Its Activities ML20056G3351993-08-27027 August 1993 Comment Opposing Proposed Rule 10CFR2 Re Review of 10CFR2.206 Process ML20045D8321993-06-11011 June 1993 Comment Supporting Proposed Rules 10CFR50 & 54, FSAR Update Submittals. ML20044F3271993-05-21021 May 1993 Comments on Draft NRC Insp Procedure 38703, Commercial Grade Procurement Insp, Fr Vol 58,Number 52.NRC Should Use EPRI Definitions for Critical Characteristics ML20044D3311993-05-0404 May 1993 Comment Supporting Proposed Generic Communication Re Mod of TS Administrative Control Requirements for Emergency & Security Plans ML20056C0831993-03-19019 March 1993 Texas Utils Electric Co Response to Petitioners Motion to Stay Issuance of Full Power License.* Licensee Urges NRC to Reject Petitioners Motion & to Deny Petitioners Appeal of 921215 Order.Motion Should Be Denied.W/Certificate of Svc ML20056C1881993-03-17017 March 1993 Order.* Directs Util to Respond to Motion by COB 930319 & NRC to Respond by COB 930322.W/Certificate of Svc.Served on 930317 ML20128F6221993-02-0303 February 1993 Transcript of 930203 Affirmation/Discussion & Vote Public Meeting in Rockville,Md.Pp 1-2.Related Info Encl ML20128D9651993-02-0303 February 1993 Memorandum & Order.* Stay Request Filed by Petitioners Denied.W/Certificate of Svc.Served on 930203 ML20128D3391993-02-0202 February 1993 Emergency Motion to Stay Issuance of low-power Ol.* Petitioners Specific Requests Listed.W/Certificate of Svc ML20128D4651993-02-0202 February 1993 Texas Utils Electric Co Response to Emergency Motion to Stay Issuance of low-power Ol.* Petitioner Request Should Be Denied Based on Failure to Meet Heavy Burden Imposed on Party.W/Certificate of Svc ML20128D6321993-01-29029 January 1993 Memorandum & Order.* Denies Citizens for Fair Util Regulation for Fr Notice Hearing on Proposed Issuance of OL for Facility.W/Certificate of Svc.Served on 930129 ML20128D3461993-01-29029 January 1993 NRC Staff Notification of Issuance of OL for Facility.* Low Power License May Be Issued by 930201.W/Certificate of Svc ML20127L9181993-01-26026 January 1993 NRC Staff Reply to Cfur Request for Publication of Proposed Action Re Licensing of Unit 2.* Cfur Request That Notice Re Licensing of Unit 2 Be Published Permitting Parties to Request Hearings Should Be Denied 1999-06-18
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-,O p s s
Ul!ITED STATES OF AMERICA Yq, k BEFORE THE _
7 (g ; ,
D NUCLEAR REGULATORY COMMISSION 6; 10 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g , 9 N/ @
In the Matter of ) c.
)
Houston Lighting & Power Company, et al. ) Docket Nos.
(South Texas Project, Units 1 & 2) ) 50-498A
) 50-499A
)
Texas Utilities Generating Company, et al. ) Docket Nos.
(Comanche Peak Steam Electric Stations, ) 50-445A Units 1 & 2) ) 50-446A ANSWER OF THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS IN SUPPORT OF THE PETITION TO THE TEXAS BORDER COOPERATIVES FOR LEAVE TO INTERVENE The Public Utilities Board of the City of Brownsville, Texas ("Brownsville") supports the request of the Texas border Cooperatives for leave to intervene at this time. The development of a global settlement proposal dealing with DC interconnection, transmission rates throughout TIS /ERCOT, participation in future nuclear and non-nuclear generation, and other matters affecting the Texas electric utility industry warrants participation in this forum of border cooperatives whose operations would be as much affected by the proposed DC interconnection as any other electric system.
8 0080150 3 773
. o I.
Aside from the matter of timeliness, discussed below, the border cooperatives should clearly be allowed to intervene. Their petition sets forth with sufficient par-ticularity the facts of the longstanding separation of ERCOT and SWPP, imposed in restraint of trade by some of the appli-cants in these proceedings; the recent development of a comprehensive settlement proposal based on direct current (DC) interconnections; and the ways in which DC interconnec-tion would foreclose competitive opportunities to the border cooperatives and might increase the large systems' control of transmission by precluding future AC interconnections. The cooperatives at page 9 of their petition also requested spe-cific relief.
It should also be clear that the "anticompetitive situation" is such as to satisfy the nexus requirement.
Kansas Gas and Electric Company, (Wolf Creek Generating Station, Units No. 1), A LAB - 27 9 , INRC 5$9, 566-74 (1975).
II.
The five criteria to be balanced by the Commission in ruling on a nontimely petition to intervene are set out in 52.714(a)(1) of the Regulations.
A. Good Cause for Failure to File on Time.
This Board, like the Federal courts , should con- ,
sider that timeliness is not measured simply by the amount of
time elapsed, but by all the circumstances, including the purpose for intervention, the necessity for intervention to preserve the intervenor's rights, and the possible preju-dice to other parties. Hodgson v. United Mine Workers of America, 473 F.2d 118, 129 (D.C. Cir. 2972). In Hodgson the court allowed intervention after judgment where the problem was the formulation of relief. See Natural Resources Defense Council v. Costle, 561 F.2d 904 (D.C. Cir. 1977), allowing intervention to participate in implementation and oversight of a settlement agreement. So here the Board should allow the border cooperatives to intervene at this stage, where it has become apparent only within the last two months that the par-ties may present for the Board's approval an overall settle-
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ment proposal based on DC interconnections.
To Brownsville's knowledge, the first discussion of a DC interconnection as a resolution to issaes in this pro-ceeding occurred on June 10, 1980 when the large utilities presented in a prehearing conference a copy of the
" Settlement Agreement" they had signed on June 9, 1980. In the ensuing weeks it became apparent that the government agencies involved were giving serious consideration to this proposal, and draft license conditions began to take shape.
. . 1 It was then for the first time that the specific proposal for DC interconnection was revealed, potentially giving the large l utilities total control of transactions between ERCOT and the surrounding states. Also, for the first time during the summer of 1980, the large utilities provided cost data showing the proposed DC interconnection to be much more expensive than the AC alternative, a cost that, in some draft proposals, would be imposed on other systems through the rate for transmission services.
The border cooperatives have essentially asserted an interest in this proceeding based on a DC interconnection proposal less than two months old. Brownsville believes their petition to intervene to be timely under the cir-cumstances. The fact that DC interconnection may have been discussed at an earlier date in another proceeding before an agency not so directly concerned with anticompetitive issues is not relevant. "[L]icensing boards must have discretion to consider individua] claims in a way which does justice to all of the policies which underly Section 105c...," Florida Power & Light Company, (St. Lucie Plant, Unit No. 2), CLI ! 12, 7 NRC 939, 946 (1978). The border cooperatives, as their petition makes clear, are geographically located so as to make them particularly susceptible to injury when restric-i tions on interstate commerce are imposed. Such restrictions
were the basis for the advice letters from the Department of Justice finding a possible situation inconsistent with the antitrust laws with respect to the applicants for license for the South Texas and Comanche Peak plants. The border coopera-tives allege that the settlement apparently agreeable to most other parties would in fact also create or maintain a situation inconsistent with the antitrust laws. In view of the border cooperatives' unique position and the importance of their concerns to the Board's successfully abiding by its statutory mandate, the cooperatives should be admitted.
B. Other Means to Protect The Cooperatives' Interest It is not realistic to assert that participation before the FERC or another agency is now likely to provide adequate protection of the cooperatives' interest. In the first place, the settlement of the overall dispute between the major utilities appears to be developing piecemeal in several fora at the same time. If the NRC were to approve a DC interconnection, despite its anticompetitive consequences, i*. a proceeing in which the border cooperatives were not allowed to participate, the cooperatives would as a practical matter be hard pressed to put a stop to settlement along the same lines before the FERC or another forum.
Purthermore, agencies apply different legal standards, which cuts in "avor of allowing intervention, since the cooperatives presumably would not present the same points before different agencies. Specifically, the NRC's antitrust authority is clear and central to this proceeding.
How the FERC will deal with antitrust issues under the new Public Utility Regulatory Policies Act (PURPA) is not clear.
The SEC's receptiveness to antitrust issues in the proceeding before it has not been r:learly established. The NRC provides the only clearly appropriate forum for the cooperatives to present the objections to DC interconnection they raise in their petition.
C. Development of A Sound Record Brownsville believes participation by the cooperatives to be of utmost importance in developing a sound record, whether it be by commenting on settlement, participation in a Waterford-type hearing on settlement, se as the case may be a full-fledged proceeding on some or all issues. Geographically and in terms of current and future power supply plans the border cooperatives' point of view as representative of small systems affected by limitations on interstate transactions is of extrere interest to this Commission. They are also pre-sent customers of WTU (as Brownsville is of CP&L, another C&SW subsidiary) and will be able to shed light on the effect of allowing C&SW to interconnect on C&SW's wholesale customers. The fact that discovery in this proceeding was
directed to a number of members of the border cooperatives only confirms the significance of their point of view and participation. 1/
D. The Border Cooperatives' May Not Be Represented by Other Parties It is apparent that none of the private entities participating in the proceeding share the border cooperatives' interest in developing a G&T cooperative that may depend on transactions in interstate commerce. While the governmental agencies are charged with representing the public interest in general, this may involve a multiplicity of interests within the government itself and is not necessarily congruent with the interest of the border cooperatives. See Trbovich v. United Mine Workers of America, 404 U.S. 528, 538-39 & n. 10 (1972); Hodgson v. United Mine Workers of America, supra, 473 F.2d at 130. Thus the border cooperatives' point of view may not be represented. The movement towards a settlement agreement on DC interconnection, despite the very serious objections the border cooperatives have been able to raise in their petition, is a strong indication that their interests are not in fact being represented, and that they should be admitted forthwith to protect their interests and to allow the Commission the benefit of their point of view.
1/ Tnat discovery was directed to the cooperatives by the Department of Justice effectively negates any contention by Houston Lighting & Power Company that the facts alleged bring new issues into the proceeding without an opportunity for investigation.
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E. Broadening of Issues or Delaying Proceeding Paticipation by the border cooperatives will not broaden the issues before this Board in the slightest.
Governmental parties such as the Department of Justice and private parties like Brownsville have already raised the issue of how restraints on interstate power transactions imposed by the applicants may create or maintain a situation inconsistent with the antitrust laws. The Board in furtherance of its statutory responsibilities would presumably examine any DC interconnection proposal presented to it in detail with these issues in mind, and the ef fects of cost of DC, transmission rates and access to transmission and generation
-- matter.c raised by the cooperatives -- would be part of this examination.
Any delay caused by intervention of the border cooperatives at this stage will be minimal when balanced against the contribution the cooperatives could make. With so many parties already in the proceeding, the additional delay imposed by receiving comments or allowing examination by the border cooperatives is hardly likley to make a significant difference to the other parties. The cooperatives apparently contemplate relying on one witness not previously deposed.
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This should pose little hardship to the parties, who have, to Brownsville's knowledge, postponed depositions of witnesses past the Board-imposed discovery cut-off date, such deposi-tions to take place if settlement negotiations are unsuccessful.
CONCLUSION For the above reasons, Brownsville respectfully requests the Board to grant the petition of the Texas border cooperatives for leave to intervene, under 52.714(a)(2) and 2.714(d) of th Regulations, since on balance the border cooperatives have made the showing required for non-timely interventions by S2.714(a)(1), and since their participation is likely to provide the Commission information of importance in evaluating whether a proposed settlement based on DC inter-connections might create a situation inconsistent with the antitrust laws.
Respectfully submitted, IA L/Vt4w L hi cat %
Marc R. Poirier Attorney for the Public Utilities Board of the City of Brownsville, Texas Law Offices Of:
SPIEGEL & MCDIARMID 2600 Virginia Avenue, N.W.
Washington, D.C. 20037 August 13, 1980 on - + ~ w- q -, s . - m ---n -m - m
UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY LICENSING BOARD In the Matter of )
)
HOUSTON LIGHTING & POWER COMPANY, ) Docket Nos. 50-498A e t al. ) and 50-499A
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(South Texas Project, Unit Nos. )
1 and 2) )
)
)
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In the Matter of )
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TEXAS UTILITIES GENERATING COMPANY, ) Docket Nos. 50-445A et al. ) and 50-446A
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(Comanche Peak Steam Electric )
Station, Unit Nos. 1 and 2) )
)
CERTIFICATE OF SERVICE I hereby certify that I have caused copies of the foregoing ANSWER OF THE PUBLIC UTILITIES BOARD OF THE CITY OF BROWNSVILLE, TEXAS IN SUPPORT OF THE PETITION TO THE TEXAS BORDER COOPERATIVES FOR LEAVE TO INTERVENE to be served on the following by deposit in the United States mail, first class, or as indicated by asterisk (*) by hand, postage paid, this 13th day of August, 1980.
- Marshall E. Miller, Chairman *Sheldon J. Wolfe, Esquire Atomic Safety & Licensing Board Atomic Safety & Licensing Board Panel Panel Nuclear Regulatory Commission Nuclear Regulatory Commission i Washington, D. C. 20555 Washington, D. C. 20555 l
- Michael L. Glaser, Esquire Joseph Rutberg , Esquire
! 1150 17th Street, N. W. Antitrust Counsel Washington, D. C. 20036 Nuclear Regulatory Commission Washington, D. C. 20555 Fredric D. Chanania, Esq.
Michael B. Bl ume , Esq. R. Gcrdon Gooch, Esquire Ann Hodgdon, Esq. John P. Mathis, Esquire l
Nuclear Regulatory Commission Baker & Botts Washington, D. C. 20555 1701 Pennsylvania Avenue , N. W.
Washington, D. C. 20006 i
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Jerome Saltzman, Chief Antitrust & Indemnity Group Robert Lowenstein , Esquire Nuclear Regulatory Commission J. A. Bouknight, Jr., Esquire ;
Washington, D. C. 20555 William J. Franklin, Esquire i Lowenstein, Newman, Re is , i Chase R. Stephens, Chief Axelrad & Toll Docketing & Service Section 1025 Connecticut Avnue, N. W. l I
Office of the Secretary Washington, D. C. 20036 Nuclear Regulatory Commission Washington, D. C. 20555 Frederick H. Ritts, Esquire Law Offices of Northcutt Ely David M. Stahl, Esquire Watergate 600 Building Sarah F. Holzsweig, Esquire Washington, D. C. 20037 Isham, Lincoln & Beale 1120 Connecticut Avenue, N.W. Wheatley & Wolleson Suite 325 1112 Watergate Office Building Washington, D.C. 20036 2600 Virginia Avenue, N. W.
Washington, D. C. 20037 Susan B. Cyphert, Esquire Antitrust Division Willaim Sayles, Chairman and Department of Justice Chief Executive Officer P. O. Box 14141 Central Power & Light Company Washington, D.C. 20444 P. O. Box 2121 Corpus Christi, Texas 78403 Joseph Knotts, Esquire Nicholas S. Reynolds, Esquire G. K. Spruce, General Manager Debevoise & Liberman City Public Service Board 1200 17th Street, N. W. P. O. Box 1771 Washington, D. C. 20036 San Antonio, Texas 78201 l
Douglas F. John, Esquire Jon C. Wood, Esquire
, McDermott, Will & Emery W. Roger Wilson, Esquire 1101 Connecticut Avenue, N.W. Matthews, Nowlin, Macfarlane l
l Suite 1201 & Barrett l Washington, D.C. 20036 1500 Alamo National Building
! San Antonio, Texas 78205 Robert O'Neil, Esquire l
Miller, Balis & O'Neil Perry G. Brittain, President
! 776 Executive Building Texas Utilities Generating Co.
1030 Fifteenth Street, N.W. 2001 Bryan Tower
! Washington, D.C. 20005 Dallas, Texas 75201 Ms. Evelyn H. Smith J. Irion Worsham, Esquire Route 6, Box 298 Merlyn D. Sampels, Esquire
- Gaffney, South Carolina 29340 Spencer C. Relyea, Esquire Worsham, Forsythe & Sampels Dick T. Brown, Esquire 2001 Bryan Tower 800 Milam Building Suite 2500 San Antonio, Texas 78205 Dallas, Texas 75201
R. L. Hancock, Director G. W. Oprea, Jr.
City of Austin Electric Utility Executive Vice President Department Houston Lighting & Power Co.
P. O. Box 1088 P. O. Box 1700 Austin, Texas 78767 Hcuston, Texas 77001 Jerry L. Harris, Esquire W. S. Robson, General Manager Richard C. Balough, Esquire South Texas Electric Coop., Inc.
City of Austin P. O. Box 151 P. O. Box 1088 Nursery, Texas 77976 Austin, Texas 78767 Don H. Davidson Michael I. Miller, Esquire City Manager Isham, Lincoln & Beale City of Austin One First National Plaza P. O. Box 1088 Chicago, Illinois 60603 Austin, Texas 78767 Donald Clements , Esquire Don R. Butler, Esq. Gulf States Utilities Co.
Sneed, Vine, Wilkerson, Selman P. O. Box 2951
& Perry Beaumont, Texas 77074 P. O. Box 1409 Austin, Texas 78767 Knoland J. Plucknett Executive Director Morgan Hunter, Esquire Committee on Power for the McGinnis, Lochridge & Kilgore Southwest, Inc.
900 Congress Avenue 5541 Skelly Drive Austin, Texas 78701 Tulsa, Oklahoma 74135 Kevin B. Pratt, Esquire Jay M. Galt, Esquire Linda Aaker, Esquire Looney, Nichols, Johnson & Hayes P. O. Box 12548 219 Couch Drive Capital Station Oklahoma City, Oklahoma 73101 Austin, Texas 78767 Robert E. Cohn, Esq.
E. W. Barnett, Esquire Richard J. Le id i , Esq.
Charles G. Thrash, Jr., Esquire Butler, Binion, Rice, Cook J. Gregory Copeland, Esquire & Knapp Theodore F. Weiss, Jr., Esquire 1747 Pennsylvania Ave., N.W.
Baker & Botts 9th Floor 3000 One Shell Plaza Washing ton , D.C. 20006 Houston, Texas 77002 Leland F. Leatherman, Esq.
Paul W. Eaton, Jr., Esq.
Hinkle, Cox, Eaton, Coffield McMath , Leatherman and Woods , P.A and Hensley 711 West Third Street P. O. Box 10 Little Rock, Arkansas 72201 Roswell, New Mexico 88201
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Somervell County Public Library P. O. Box 417 Glen Rose , Texas 76403 Maynard Human, General Manager Western Farmers Electric Coop.
P. O. Box 429 Anadarko, Oklahoma 73005 James E. Monahan Executive Vice President and General Manager Brazos Electric Power Coop., Inc.
P. O. Box 6296 Waco, Texas 76706 Robert M. Rader, Esquire Conner, Moore & Corber 1747 Pennsylvania Avenue, N. W.
Washington, D. C. 20006 W. N. Woolsey, Esquire Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 Mr. G. Holman King West Texas Utilities Co.
P. O. Box 841 Abilene, Texas 79604 Maurice V. Brooks, Esq.
Brooks , Gordon, Long & Shahan P. O. Box 118 Abilene, Texas 79604 hL 4% W i Marc R. Poirier Attorney for the Public Utilities' Board of the City of Brownsville, j Texas August 13, 1980 l
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