ML19343A311
| ML19343A311 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 09/12/1980 |
| From: | Hunter M, Danny John MCDERMOTT, WILL & EMERY, MCGINNIS, LOCHRIDGE & KILGORE, MEDINA ELECTRIC COOPERATIVE, INC., SOUTH TEXAS ELECTRIC COOPERATIVE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-A, NUDOCS 8009170188 | |
| Download: ML19343A311 (5) | |
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARDA 0Fy,
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In the Matter of:
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HOUSTON LIGHTING AND POWER
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Docket Nos. 50-498a CO., et al. (South Texas
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50-499A Project, Units 1 and 2)
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TEXAS UTILITIES GENERATING
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Docket Nos. 50-445A COMPANY (Comanche Peak Steam
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50-446A Electric Station, Units 1
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and 2)
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REPORT OF SOUTH TEXAS ELECTRIC COOPERATIVE, INC. LND MEDINA ELECTRIC COOPERATIVE, INC. ON THE STATUS OF SETTLEMENT NEGOTIATIONS In accordance with the Board's Order of August 13, 1980, in these antitrust proceedings, South Texas Electric Cooperative, Inc. and Medina Electric Cooperative, Inc. (STEC/MEC) submit this report on the status of settlement efforts in these proceedings as of September 12, 1980.
At the outset, STEC/MEC must advise the Board that this report has not been prepared in concert with the reports of other parties to these proceedings.
Since the last prehearing conference before the Board on August 8, 1980, there has been a-flurry of settlement-related activities.
STEC/MEC have been party to some of the settlement negotiations which have occurred during this interval, and have been apprised of-the results of other discussions in which they did not participate.
While these discussions generally appear to have been fruirful, in that they appear headed toward an agreement which is designed Ob
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cossibly those raised by the Border Cooperatives in their 5
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Petition to Intervene Out of Time), STEC/MEC cannot at this juncture report that such an overall agreement has been Even now, as this status report is being prepared, l
achieved.
STEC/MEC understand that certain of the applicants and the Federal governmental parties are engaged in the type of l
i-eleventh-hour negotiations which have come to,haracterize these proceedings.
It is now apparent that STEC2MEC will not i
have been afforded an opportunity, prior to the 12:30 p.m.,
September 12, 1980, deadline for submission of this report, to review the terms of the agreed-upon licensing conditions, if any, which emerge from these negotiations.
Accordingly, STEC/MEC are in no position to state whether they are willing to i
lend their support to any such agreements, in whole or in part.
More time would obviously be required for this purpose.
In view of these developments, STEC/MEC believe that it would serve no useful purpose for them to attempt to identify proposed licensing conditions upon which unanimity, or near-unanimity, has_been achieved among the parties; similarly, it is impossible for STEC/MEC to determine those issues which are yet-unresolved.- For the record, STEC/MEC would merely state that, as of 12:30 p.m. September 12, 1980, STEC/MEC have not given their imprimatur to any proposed licensing condition or set of conditions.
On the other hand, based on what they know of the i
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STEC/MEC are not aware of i
s past month's settlement discuss on, intransigence of any one party, any single issue which, due to the ll settlement package cannot be resolved as part of an overa EC/MEC.
which would be acceptable to ST ill be achieved In the continued hope that a settlement w l hearing, and due to which will obviate the need for a forma i ity has effectively pre-the fact that ongoing settlement act v ong the parties, empted any discussion of trial procedures amal prehearing 1/
ii STEC/MEC here offer no suggestions on add t on After STEC/MEC have had a chance to or hearing procedures.
filed concurrently review the status reports of other partiesdditional enlightenment herewith, as well as the benefit of any a
- 1980, the September 15, which may be provided by such carties at STEC/MEC expect to be Prehearing Conference before this Board,a tentative position on in a better position to state at least issues and procedures.
Respectfully submitted, F.' &
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V Douglas F. John McDERMOTT, WILL & EMLdY Suite 1201 OF COUNSEL:
1101 Connecticut Avenue, N.W.
20036 Morgan Hunter, Esquire Washington, D.C.
McGINNIS, LOCHRIDGE
& KILGORE Attorney for:
Inc.
Fifth Floor South Texas Electric Cooperative, 900 Congress Avenue 78101 and Austin, Texas Medina Electric Cooperative, Inc.
1980 Dated:
September 12, 1980 Joint Motion of STEC/MEC are aware of the August 29, Houston for partial
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revision of procedural dates.
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- r UNITED STATES OF AMERICA 9
",'.T.^. L, BEFORE THE c..
_a NUCLEAR REGULATORY COMMISSION S,tF
_I_UNb3>b cu e ewn., e' In the Matter of:
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3 HOUSTON LIGHTING AND POWER
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Docket Nos.
50-49q3
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et al. [ South Texas
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50-499n Project, Units 1 and 2]
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, et al. [ Comanche
)
50-446A Peak Steam Electric Station,
)
Units 1 and 2]
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing report were served upon the following persons by deposit in the United States mail, first class postage prepaid this 12th day of September, 1980, or by hand delivery as indicated by an asterisk.
Marshall E. Miller, Chairman
- Sheldon J.
Wolfe, Esquire Atomic Safety & Licensing Atomic Safety & Licensing Bcard Panel Board Panel Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Micnael L.
Glaser, Esquire Joseph Rutberg, Esquire 1170 17th Street, N.W.
Antitrust Counsel Washington, D.C.
20036 Nuclear Regulatory Commission Washincton, D.C.
20555 Fredric D. Chanania, Esquire Michael B.
Blume, Esquire R. Gordon Gooch, Esquire Ann Hodgdon, Esquire John P.
Mathis, Esquire "uclear Regulatory Commission Baker & Botts Washington, D.C.
20555 1701 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 Chase R.
Stephens, Chief Docketing & Serv 1ce Station Jerome Saltzman, Chief Office of the Secretary Antitrust & Indemnity Group Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 David M.
Stahl, Esquire Joseph I. Worsh am, Esquire Sarah F.
Holzsweig, Esquire Merlyn D.
Sampels, Esquire Isham, Lincoln & Beale Spencer C.
Relyea, Esquire 1120 Connecticut Avenue, N.W.
Worsham, Forsythe & Sampels suite 325 2001 Bryan Tower Washington, D.C.
20036 Suite 2500 Dallas, Texas 75201 s
i
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, Robert A.
Fabrikant, Esquire 4
b Mildred L.
Calhoun, Esquire Nancy McMillen, Esquire
- . Robert A.
O'Neil, Esquire h
b Antitrust Division Miller, Balis & O'Neil Department of Justice 776 Executive Building P.
O. Bcx 14141 1030 Fifteenth Streec, N.W.
Washington, D.C.
20444 Washington, D.C.
20005
- Joseph Knotts, Esquire William Sayles, Chairman and Nicholas S.
Reynolds, Esquire Chief Executive Officer Debevcise & Liberman Central Power & Light Company 1200 17th Street, N.W.
P.
- v. Box 2121 Washington, D.C.
QOO36 Corpus Christi, Texas 78403 Robert Lowenstein, Esquire Frederick H. Ritts, Esquire J. A.
Bouknight, Jr., Esquire Law Offices of Northcutt Ely William J.
Franklin, Esquire Watergate 600 Building Lowenstein, Newman, Reis, Washington, D.C.
20037 Axelrad & Toll 1025 Connecticut Avenue, N.W.
Wheatley & Wollesen Washington, D.C.
20036 1112 Watergate Office Building 2600 Virginia Avenue, N.W.
R.
L.
Hancock, Director Washington, D.C.
20037 City of Austin Electric Utility Department G.
K.
Spruce, General Manager P.
O. Box 1088 City Public Service Board Austin, Texas 78767 P.
O. Box 1771 San Antonio, Texas 78201 Jon C. Wood, Esquire W. Rogers Wilson, Esquire Jerry L.
Harris, Esquire Matthews, Nowlin, Macfarlane Richard C. Balough, Esquire
& Barrett City of Austin 1500 Alamo National Building P.
O. Box 1088 San Antonio, Texas 78205 Austin, Texas 78767 Perry G.
Brittain, President Michael I.
Miller, Esquire Texas Utilities Generating Co.
Isham, Lincoln & Beale 2001 3ryan Tower One First National Plaza Dallas Texas 75201 Chicago, Illinois 60603 Don H. Davidson Don R.
Butler, Esquire City Manager 211 East Seventh Street City of Austin Austin, Texas 78701 P.
0.
Box 1088 Austin, Texas 78767 Kevin B.
Pratt, Esquire G.
W.
Oprea, Jr.
Linda Aaker, Esquire Executive Vice President P.
O. Box 12548 Houston Lighting & Power Co.
Capital Station P.
O.
Box 1700 Austin, Texas 78767 Houston, Texas 77001 I
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