ML19340D117

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Response to Citizens Concerned About Nuclear Power 801111 Request for Info.Request Does Not Comply w/10CFR2.Documents Should Be Available at Lpdr.Certificate of Svc Encl
ML19340D117
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 12/01/1980
From: Bordenick B
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8012290112
Download: ML19340D117 (4)


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15 UNITED STATES OF AMERICA d

$2 NUCLEAR REGULATORY COMMISSION 7 t>l 5.

b'i BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4.

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a In the Matter of HOUSTON LIGHTING AND POWER COMPANY

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Docket Nos. 50-498 ET AL.

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50-499

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(South Texas Project, Units 1 and 2)

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NRC STAFF RESPONSE TO CCANP " REQUEST FOR INFORMATION FROM NRC STAFF" I.

INTRODUCTION Citizens Concerned About Nuclear Power (CCANP) has filed a " Request for Infor-mationFromNRCStaff."d/ The request asks for all documents:

1.

concerning anti-trust proceedings involving Houston Lighting and Power and the South Texas Project," and 2.

... related to meetings held between the NRC and Houston Lighting and Power and/or Brown and Root concerning management of the South Texas Project, specifically, those meetings in which inadequate management and restructuring of management were discussed.

For the reasons noted below, the above " request for information" does not comply with relevant provisions of 10 C.F.R., Part 2.

However, the " documents" requested by CCANP should, in any event, be available in the local Public Document Rooms.

S The " request" is dated November ll,1980 and was filed by lis. Kim Eastman.

8 0 3 229 9 y gz (,

. II. DISCUSSION In a filing dated November 17,1980,3 the NRC Staff quoted at length from the Atomic Safety and Licensing Appeal Board's relatively recent decision in Pennsylvania Power & Light Company et al. (Susquehanna Steam Electric Station, Units 1 c.1d 2), ALAB-613,12 NRC (September 23,1980). As in the earlier CCANP " requests for information." CCANP has not attempted to comply with the relevant provisions of 10 C.F.R. Part 2, which were sunnarized by the Appeal Board in Susquehanna as regards discovery requests directed to the NRC Staff.O In any event, Comission regulations make NRC Staff documents that are relevant to licensing proceedings, such as the subject proceedings, routinely available in the NRC Public Document Room.

10 C.F.R. 52.790(a). The Local Pub ic Document Rooms for the South Texas Project are located at the Matagorda County daurthouse, Law Library, Bay City, Texas 77414 or at the Austin-Travis County Collection, Austin Public Library, 810 Guadaloupe Street, Austin, Texas 78768.

Accordingly, the broad category of documents which CCANP has requested should be available at the above listed Local Public Document Rooms.

If there are several documents which CCANP views as curcial to preparation of its case for hearing in the above subject proceeding, please identify them to Staff Counsel with as S"NRC Staff Response to CCANP ' Requests for Information and Motion for Additional Time.'"

S aff Counsel as a convenience to representatives of CCANP has forwarded, St with the Staff filing dated November 17,1980, fn. 2 supra a copy of 10 C.F.R. Part 2.

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much specificity as possible and, if extra copies are available, Staff Counsel will forward them to CCAND for use on a loan basis.

III. CONCLUSION i

l CCANP's " requests for infomation" detailed above do r,ot comply with the provisions l

of 10 C.F.R. Part 2 as regards fonnal discovery requests directed to the Staff.

t However, the documents requested by CCANP should be available to CCANP at the Commission's Local Public Document Rooms designated for this proceeding.

I Respectfully submitted, M

Bernard M. Bordenick Counsel for NRC Staff l

Dated at Bethesda, Maryland this 1st day of December,1980 t

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.. _, _,,... _. _ _, _ ~...,, _. - - - - - _ _. _ _ _ - - >

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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i HOUSTON LIGHTING AND POWER COMPANY, )

Docket Nos. 50-498

--ET AL.

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50-499 (South Texas Project, Units 1 and 2 )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CCANP " REQUEST FOR INFORMATION FROM NRC STAFF" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 1st day of December,1980:

Charles Bechhoefer. Esq., Chairman

  • Brian Berwick, Esq.

Atomic Safety and Licensing Board Assistant Attorney General Panel Eavironmental Protection Division U.S. Nuclear Regulatory Commission F. O. Box 12548, Capitol Station Washington, DC 20555 Austin, TX 78711 i

i Dr. James C. Lamb, III Jack R. Newman, Esq.

313 Woodhaven Road Lowenstein, Newman, Reis, 1

Chapel Hill, NC 27514 Axelrad 6 Toll 1025 Connecticut Avenue, N.W.

Dr. Em=eth A. Luebke*

Washington, DC 20036 Atomic Safety and Licensing Board.

Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Pinel

Baker and Botts Atomic Safety and Licensing Appeal l

One Shell Plaza Panel (5)*

I Houston, TX 77002 U.S. Nuclear Regulatory Commission Washington, DC 20555 Dnketing and Service Section (7)*

Ofrice of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Mrs. Peggy Buchorn Betty Wheeler, Esq.

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Executive Director Tim Hoffman, Esq.

1 Citizens for Equitable Utilities, Inc.

Hoffman,'Steeg & Wheeler l

Route 1 Box 1684 1008 S. Madison Brazoria, TX 77422 Amarillo, TX 79101 Kim Eastman, Co-coordinator l

Barbara A. Miller Pat Coy Citizens Concerned About Nuclear 51 assa Oro M

l San Antonio, TX 78233 Bernard M. Bordenick Counsel for NRC Staff

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