ML19339B182
| ML19339B182 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 11/05/1980 |
| From: | Bouknight J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Glaser M, Mark Miller, Wolfe S Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19339B183 | List: |
| References | |
| ISSUANCES-A, NUDOCS 8011060467 | |
| Download: ML19339B182 (2) | |
Text
.
W Law orricas y
D LOWENSTEIN, NawxAN, Raxs, AxxLRAD & Toz.L ce g
g 0035 COsese ECTICUT AVENUE, N. W.
p g,*g
,)
g""
'g"
-jj
.oes., Lows..tss.
WAS HINGTON. D. C. 20 03 8
(
. o60 r, ge.
.mu.ecs ns6...
202*882-8400 g
;L*d*:.'....
.-u.....
/
q
/
m "f,","',.',f,',""',,",,,
November 5, 1980 sat.6.s t... com
.osa *e.. cut.
S tT E.
FLves.
~;':::::::,","
%'.'1*4C'
oocimT tmr.10ER PROD. & UTIL FAC..M. 7..
m....
0Y Marshall E. Miller, Esquire g
u Michael L. Glaser, Esquire
__ L Ci Sheldon J. Wolfe, Esquire hSfi EN Atomic Safety and Licensing Board i.-?
'T U.S. Nuclear Regulatory Commission E%
g I'h Washington, D.C.
20555 y
gg to 12 p
Gentlemen:
u ud Houston Lighting & Power Company is filing today a Motion for Clarification of the Board's Order of October 24, 1980.
Houston requests in its Motion that the Board direct the Public Utilities Board of Brownsville, Texas ( "P UB " )
to file its long overdue summaries of testimony as soon as possible, and in any event, no later than at the same time as the filing of PUB's objections to the proposed license conditions.
Houston learned Monday that PUB has construed the Board's action at the October 24, 1980 Pre-hearing Conference as relieving PUB of its obligation to file summaries of testimony.
Houston disagrees with this interpretation, and respectfully requests that the Board address this matter on an expedited basis so that all parties and the Board itself nay have the,cpportunity to evaluate PUB's objections with full background knowledge of l
the presentation that PUB would present if the case were to l
proceed to trial.
l Accordingly, Houston proposes that PUB and any other party that wishes to respond be required to submit their responsive pleadings by November 6, 1980, and that the Board issue its decision shortly thereafter.
DSolf S//
l 8011000467 ppf
Qwstrzw NawuAw, R:ss, Ax3taA3 O Tct.z.
Marshall E. Miller, Esq.
Michael L. Glaser, Esq.
Sheldon J. Wolfe, Esq.
November 5, 1980 Page Two copies of this letter and the attached motion are being hand-delivered to all parties to the South Texas Project proceeding.
Sincerely, J. A.
uknight, Jr.
JAB:adm Attachment
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAR 9 In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY,
)
Docket Nos. 50-498A et al.
)
5,0-499A
)
(South Texas Project, Units 1
)
and 2)
)'
MOTION OF HOUSTON LIGHTING & POWER COMPANY FOR CLARIFICATION OF THE BOARD'S ORDER OF OCTOBER 24, 1980 The Public Utilities Board of Brownsville, Texas
(" PUB"),
a complainant party in this proceeding, was ordered by the Board to file no later than October 8, 1980, its trial brief, lists of witnesses and exhibits, and summaries of testimony.
PUB failed to file such iocuments on the appointed date.
In the days and weeks since October 8, PUB has filed its trial brief and lists of its witnesses and exhibits.1/
However, PUB still has not filed its summaries of testimony, and those summaries are now approximately four weeks overdue.
Houston telephoned counsel for the PUB on November 3, 1980, to inquire as to the status of those witness summaries.
Counsel for PUB stated that he interpreted the Board's action at the
- /
Houston received PUB's Initial Trial Brief and Lists of Witnesses and Exhibits on October 9, 1980,ber 16, and the First Supplement to PUB's Trial Brief on Octo 1980. In its brief, PUB stated that it was continuing forthwith to prepare its summaries of testimony.
Initial Trial Brief at 6.
October 24, 1980 Prehearing Conference as relieving PUB of its obligation to comply with the Board's prior order requiring the filing of witness summaries.
Houston respectfully dis-agrees with that interpretation. Because.,' PUB 's failure to file witness summaries will impair the ability of the Board and all other parties to evaluate PUB's criticisms of the proposed license conditions in view of the supporting evidence that PUB intends to present at a hearing, Houston hereby. moves for a clarification of the Board's oral ruling of October 24.
The Board directed PUB to file its objections to the pro-posed license conditions by this Friday, November 7, */ and fur-ther directed all other parties to submit a responsive plead-ing explaining how the conditions serve the public interest two weeks thereafter.
(Tr. 1258).
To accommodate this change in procedures, the Board suspended the remaining procedural dates announced in its order of September 8.
(Tr. 1263-64 ). /
However, nothing in the transcript of the Prehearing Conference suggests that the Board intended that PUB, having chosen simply to ignore the requirements of the Board's prior order, should now be relieved from its obligation to file summaries of testi-mony.
-*/
Houston has been apprised that counsel for PUB construes the Board's order as not requiring the submission of PUB's objections until November 10,~ 1980.
--**/ The Prehearing Conference oral ruling suspended the previously announced schedule for the Final Prehearing i
Conference and the commencement of the evidentiary hear-ing.
The obligation of Houston and the other parties to file responsive briefs, lists of witnesses and ex-hibits, and summaries of testimony had already been sus-pended by the Board's Order of October 14, 1980.
PUB's present position is not consistent with the Board's oa ective in ordering further comments on the proposed license s
conditions.
That objective, as explained by Mr. Glaser, is to have enough information to make a judgment on the license con-i ditions and on whether PUB is entitled to a hearing.
(Tr. 1262-63).
Before rendering its decision as to whether PUB is en-titled to a hearing, the Board is entitled to know what testi-mony PUB witnesses would present if there were a hearing.
Fur-thermore, in order to be able to comment on how the proposed license conditions address any matters of legitimate concern to PUB, parties such as Houston must know what evidentiary support PUB can muster for its arguments.
The question of whether any genuine issues of material fact remain for trial may be quickly resolved once PUB files the description of its case,which the Board ordered PUB to file on October 8, 1980.
Houston finds no support in the transcript from the October 24 Prehearing Conference for PUB's assertion that the Board relieved PUB from its long-standing obligation to file summaries of testimony.
Accordingly, Houston respectfully requests that the Board clarify its decision of October 24 by directing PUB to file summaries of testimony as soon as possible, and in any event no later than at the same time as the filing of PUB's objections to the proposed license conditions.
A
_4_
RtJpectfully submitted, A A. BouRnight, Jr.
f unsel for Houston Lighting &
I Power Company op..-
ts 11 Plaza i
,xas 77002
{.
Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 I
DATED:
November 5, 1980 1
1
UNITED STATES OF AMERICA NUCLEAR REGULATORY ColetISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
MOUSTON LIGHTING & POWER COMPANY,
)
Docket Nos. 50-498A et al.
)
50-499A
)
(South Texas, Project, Units 1
)
and 2)
)
CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foregoing MOTION OF HOUSTON LIGHTING & POWER COMPANY FOR CLARIFICATION OF THE BOARD'S ORDER OF OCTOBER 24, 1980 were served upon the following persons, by hand *, or by deposit in the United States Mail, first class postage prepaid, this 5th day of November, 1980.
h f
.A.
Bouknight, Jr.
l l
)
i l
i
~
- March 311 E. Millor, Esquira
- FrCdric D. Chananic, Erquira U.S. Nuclear Regulatory Commission Michael B. Blume, Esquire Washington, D.C.
20555 Ann P. Hodgdon, Esquire U.S. Nuclear Regulatory Commission
- Michael L. Glaser, Esquire Washington, D.C.
20555 1150 17th Street, N.W.
Washington, D.C.
20555 Roff Hardy Chairman and Chief Executive
- Sheldon J. Wolfe, Esquire Officer U.S. Nuclear Regulatory Commission Central Power and Light Company Washington, D.C.
20555 Post Office Box 2121 Corpus Christi, Texas 78403
- Atomic Safety and Licensing Appeal Board Panel J.K. Spruce, General Manager U.S.
Nuclear Regulatory Commission City Public Service Board Washington, D.C.
20555 Post Office Box 17_71 San Antonio, Texas 78296
- Chase R.
Stephens, Supervisor (20)
Docketing and Service Branch Mr. Perry G.
Brittain U.S. Nuclear Regulatory Commission President Washington, D.C.
20555 Texas Utilities Generating Company 2001 Bryan Tower Mr. Jerome D. Saltzman Dallas, Texas 75201 Chief, Antitrust and Indemnity Group G.W. Oprea, Jr.
U.S. Nuclear Regulatory Commission Executive Vice President Washington, D.C.
20555 Houston Lighting & Power Company Post Office Box 1700 J.
Irion Worsham, Esquire Houston, Texas 77001 Merlyn D. Sampels, Esquire Spencer C. Relyea, Esquire R.L.
Hancock, Director Worsham, Forsyth & Sampels City of Austin Electric Utility 2001 Bryan Tower, Suite 2500 Post Office Box 1086 Dallas, Texas 75201 Austin, Texas 78767 Jon C. Wood, Esquire
- Joseph Gallo, Esquire Matthews, Nowlin, Macfarlane Robert H.
Loeffler, Esquire
& Barrett David M. Stahl, Esquire 1500 Alamo National Building Isham, Lincoln & Beale San Antonio, Texas 78205 1120 Connecticut Avenue, Suite 325 Washington, D.C.
20036 Charles G. Thrash, Jr., Esquire E.W.
Barnett, Esquire Michael I. Miller, Esquire Theodore F. Weiss, Esquire James A. Carney, Esquire J. Gregory Copeland, Esquire Sarah Welling, Esquire Baker & Botts Martha E.
Gibbs, Esquire 3000 One Shell Plaza Isham, Lincoln & Beale Houston, Texas 77002 One First National Plaza Suite 4200 R.
Gordon Gooch, Esquire Chicago, Illinois 60603 Steven R.
Hunsicker, Esquire Baker & Botts 1701 Pennsylvania Avenue Washington, D.C.
20006 m..
' *Kenneth M. Glazier, Esquire Don R. Butler, Esquire David A. Dopsovic, Esquire 211 East Seventh Street Frederick H. Parmenter, Esquire Austin, Texas 78701 Susan B. Cyphert, Esquire Nancy A. Luque, Esquire Mr. William C. Price Robert Fabrikant, Esquire Central Power & Light Company Energy'.Section Antitrust Division Post' Office Box 2121 U.S. Department of Justice Corpus Christi, Texas 78403 P.O. Box 14141 4
Washington, D.C.
20044 Mr. G. Holman King West Texas Utilities Company Morgan Hunter, Esquire Post Office Box 841 Bill D. St. Clair, Esquire Abilene, Texas 79604 McGinnis, Lockridge & Kilgore Fifth Floor Jerry L. Harris, Esquire Texas State Bank Building Richard C. Balough, Esquire 900 Congress Avenue City of Austin
- Joseph B. Knotts, Jr., Esquire South Texas Electric Cooperative, Nicholas S. Reynolds, Esquire Inc.
C. Dennis Ahearn, Esquire Post Office 151 Debevoise & Liberman Nursery, TX 77976 1200 Seventeenth Street, N.W.
Washington, D.C.
20036
- Robert C. McDiarmid, Esquire Don H. Davidson George Spiegel, Esquire City Manager Robert A. Jablon, Esquire City of Austin Marc R.
Poirier, Esquire P.O. Box 1088 Spiegel & McDiarmid Austin, Texas 78767 2600 Virginia Avenue, N.W.
Suite 312 Jay Galt, Esquire Washington', D.C.
20037 Looney, Nichols, Johnson & Hays
)
219 Couch Drive Leon J. Barish Oklahoma City, Oklahoma 73102 Texas Attorney General's Office Post Office Box 12548 Knoland J. Plucknett Austin, Texas 78711 Executive Director Committee on Power for the South-William H. Burchette, Esquire west, Inc.
Frederick H. Ritts, Esquire 5541 East Skelly Drive Law Offices of Northcutt Ely Tulsa, Oklahoma 74135 Watergate 600 Building John W. Davidson, Esquire Sawtell, Goode, Davidson & Tioili Tom W.
Gregg, Esquire 1100 San Antonio Savings Building Post Office Box Drawer 1032 San Antonio, Texas 78205 San Angelo, Texas 76902
- Douglas F. John, Esquire Leland F. Leatherman, Esquire McDermott, Will and Emerv McMath, Leatherman & Woods, P.A.
1850 K Street, N.W.
711 West Third Street Washington, D.C.
20006 Little Rock, Arkansas 72201 i
4
Paul W. Eaton, Jr., Esquire Hinkle, Cox, Eaton, Coffield & Hensley 600 Henkle Building Post Office Box 10 Roswell, New Mexico 88201 Robert M.
Rader, Esquire Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 W.N. Woolsey, Esquire Kleberg, Dyer, Redford & Well 1030 Petroleum Tower Corpus Christi, Texas 78474 Donald M. Clements, Esquire Gulf States Utilities Company Post Office Box 2951 Beaumont, Texas 77704 Dick Terrell Brown, Esquire 800 Milam Building San Antonio, Texas 78205 Robert E.
Cohn, Esquire Richard J. Leidl, Esquire Butler, Binion, Rice, Cook
& Knapp 1747 Pennsylvania Avenue, N. W.
Ninth Floor Washington, DC 20006
- Stephen H. Lewis, Esquire U. S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, DC 20555
- Robert A. O'Neill, Esquire Miller, Balis & O'Neil, P.C.
776 Executive Building 1030 Fifteenth Street, N.W.
Washington, D.C.
20005
,