ML19345B288

Request for Appointment of Citizens Association for Sound Energy as Lead Party for Consolidated Contentions 22,23,24 & 5.In Alternative,Case Should Be Granted Separate Intervenor Status.Certificate of Svc Encl

ML19345B288
Person / Time
Site:	Comanche Peak
Issue date:	11/20/1980
From:	Ellis J Citizens Association for Sound Energy
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8011280024
Download: ML19345B288 (5)

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In the Matter if ("'la1 ; L t27~." 'p l 9 ' ' ~

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APPLICATION OF TEXAS UTILITIES q; s. I s s

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OPERATING LICENSE PCR COMANCEE j Docket Nos. 500k5 5

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MOTION TO A?o0 INT CASE C '1 d AS LEAD PARTI FOR CONSOLIDATED CONTENTIONS CCMES NOW CASE (Citi:: ens Association for Sound Energy),e Intervenor n, and files tnis its Motion to Appoint CASE as Lead Party for Consolidated Cen-tentiens, as an alternative should CASE's 11/10/80 Motion to Grant CASE Separate Intervenor Status be denied.

CASE strongly urges that the Scard consider and grant cur Motion to Grant CASE Separate Intervenor Status.

However, if that Motion is denied, CASE =cves that CASE be appointed by the Scard as lead party for the censolid ae conten-td tions.

As CASE interprets tne Board's 10/31/60 Announcement of Plans for Consoli -

dation of Parties, the caly Contentions in question are: h, on which ACCRN and CFUR would be joined; 22, 23, and 24, on which ACORN and CASE e; wculd be and 5, on which ACCRN, CFUR, and CASE would be joined.

We ask the Board to please advise if this is incorrect.

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With regard to the Contentions on vnich CASE would be joined with other Intercencr(s), there are goed and valid reasons vny CASE shculd be designated l as lead party for the consolidated contentions:

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Contention 22: This contention, regarding emect raev planning, consists l 1

of six sub-parts, a through f. CASE and ACORN share caly one of these six l

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sub-parts, f; the rest are all CASE contentions. Therefore, it would be i logical, since ACCRN has indicated no interest in the contentions contained l in a thrcugh e, for CASE to be the lead pt-t" for Contention 22, should our Motion to Grant CASE Separate Intervencr Status be denied by the Board. (We are assaning frcm the Ecard's Announcement that it is the Board's intention to join Intervencrs en the entire Centention in question, rather than only on the shared sub-part. If this assunption is incorrect, we ask that the Scard so advise us.)

Contentier. 23: There is no clear indication as to whether CASE cr ACORN snould be the lead party fer this contention as there is regarding other con-tentiens. Ecvever, CASE would still move that we te designated lead party for this Centention because of its relative Laportance to CASE; we consider this one of the most important (if not the most taportant) of our contentions and strongly believe we should be alleved to fully expigre and present this con-tention in the hearings. We believe this can only be done if we are designated lead party for this Contention.

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Centention 24: This contention concerns the cost / benefit analysis insofar as four separate and distinct ite=s are ccccerned: sub-part a, decoc=issicaing; sub-part b, spent fuel accident; sub-part c, fuel costs and supply; sub-part d, vaste storage. ACCRN and CASE snare only sub-part a cf these four. There-fore, it is logical for CASE to be designated lead party for this Co'ntention, since ACCRN has indicated no interest in the other three sub-parts. Since sub-parts b, c, and d are =ajor contentiens in themselves and concern such a variety of subjects, it would be unreasonable to expect ACCRN to =ake itself aware of all the pertinent data on these cententions and expe:t ACCR3 to be able to adequately present the case of this Intervenor, n.s the designated lead party shculi be able to do.

Contention 5 This QA/QC contention is also one of the =ost inportant to CASE, equalled only by Contention 23 in importance. CASE oves that it also be designated lead party for this Contention. We have already begun dis-covery on this centention, and we are in fact the only one of the three Intervenors 1

l which has asked interregatories and production cf documents regarding this

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Contention. Since ve have already taken the lead in pursuing this contenti: .1, it la logical that we should be designated lead party regarding it.

CASE strongly believes that the rights of each. party involved will be prejudiced if any tvc or three are joined in these proceedings, and we strongly l l

urge that the Scard grant CASE's Motica to Grant CASE Separate Intervencr Status.

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4 CASE frankly feels inadequate to the task of representing the interests of the other Intervenor(s) in these proceedings; hcVever, we feel equally as strongly that CASI's interests would not te adequately represented by the other Intervenor(s).

Therefore, should the Beard deny CASE's Motion to Grant CASE Separate l

Intervenor Sta+>.. , ve move that CASE be designated lead party for dententions 5, 22, 23, and 2k.

WEFORE, PRDiISES CON 5IOERED, CASE scves that this Scard grant CJE's Motion to Grant CASE 5eparate Intervener Status, cr if the Board denies that actica that CASE te designated 12ad partj for the consolidated contentions.

Respectfully submitted, l ,e _- -,-- -C-

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(Mrs.) Juanita Ellis, President  ;

,' CASE (Citizens Associatica for Scund Energy) l ik26 S. Folk  !

Dallas, Texas 75224 l 21h/9h6-9hh6 ll/Io/80 h- 1

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UNITED STATES OF AMERICA

[, . k. NUCLEAR REGULATORY COMMISSION

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.t - BEFORE THE ATOMIC SAFETY _AND LICENSING BOARD In the Matter of 1 I

APPLICATION OF TEXAS UTILITIES 1 Docket Nos. 50-445-GENERATING COMPANY, ET AL. FOR AN 1 and 50-446 OPERATING LICENSE FOR COMANCHE I -

PEAK STEAM ELECTRIC STATION 1 UNITS #1 AND #2 (CPSES) 1 -

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CERTTFICATE OF SERVICE By ny signature belov, I certify that copies of " CASE's Motion to drant CASE Separate Intervenor Status" and "Centiegant Motion to Appoint CASE as Lead Party for Consolidated Contentions" haie been sent this 20th day of Norember, 1980, to all parties en the service list below by deposit in the u. s. Mail, First Class Mail:

Valentine B. Deale, I' q.

s , Chairman David J. Preister, Esq.

Atomic Safety and Licensing Board Aseis tant Attorney General 1001 Conne. :ticut Avenue, N. W. Environmental Protection Division Washington,. D. C. 20036 P. O. Box 12548, Capitol Station Austin, Texas 73711 Dr. Forres t J. Remick, Member Atomic Safety and Licensing Board Mr. Richard Fouke 305 E. Hamilton Avenue 1668-B Carter Drive  ;

State College, PA 16801 Arlington, TX 76010 Dr. Richard Cole, Member Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel '

U. S. Nuclear Regulatory Commission l' . S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Nicholas S. Reynolds, Esq. Atomic Safety and Licensing Debevoise & Liberman Appeal Panel 1200 17th St., N. W. U. S. Nuclear Regulatory Commission Washington, D. C. 20036 Washington, D. C. 20555 Marjorie Rothsenild Docketing add Service Section Counsel for NRC Staff Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regnlatory Commission i Washington, D. C. 20555 Washington, D. C. 20555 i Mr. Geoffrey M. Gay Arch g. McColl, III, Esq.

West Texas Legal Services 701 Ccanerce Street, Suite 302 100 Mai.n Street (Lawyers Bldg.) ma, E Fort'. Worth, TX 7610? 75202 g , co , , ,

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