ML19345F200
| ML19345F200 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 02/06/1981 |
| From: | Black R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102090433 | |
| Download: ML19345F200 (5) | |
Text
02/06/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tHISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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NRC STAFF RESPONSE TO INTERVENOR BAKER'S MOTION FOR CORRECTION OF ERR 0NE0US STATEMENT BY BOARD MEMBER On January 23, 1981, Intervenor Baker filed a motion seeking the correction of an alleged erroneous statement by a Soard member that was made during the limited appearance statement session in Wallis, Texas on January 12, 1981. The alleged erroneous statement is as follows:
MR. LINENBERGER: Another item that came up was a question concerning how decomissioning costs for the plant will be handled.
Well, that is another example, of an item that will be on our agenda involved with the financial posture of the Applicant and its ability to finance the construction, operation and decomis-sioning of the plant.
It's all part of the cost there.
l We, among other things, have to assure ourselves that HL&P is financially qualified and responsible to carry these burdens properly and within the appropriate accounting and economic bounds placed on them.
(Tr. 2072-2073)
Mr. Baker asserts that the above statement, although not intentionally misleading, may have given the "unmistakeable impression that Applicant's inance the ' operation and decomissioning' of the plant would be l
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1 taken up and fully considered at the upcoming evidentiary hearings." Motion,
- p. 2.
Mr. Baker thus asks that steps be taken to correct any false impression on the scope of the consideration of Applicant's financial resources in the ongoing construction pemit proceedings by a publication of a notice in the newspapers in the area of the proposed facility that the present con-struction permit proceeding will only consider the Applicant's financial resource to construct that proposed facility.
10 C.F.R. 550.33(f) provides in pertinent part:
Information sufficient to demonstrate to the Commis-sion the financial qualifications of the applicant to carry out, in accordance with the regulations in this chapter, the activities for which the permit or license is sought.
If the application is for a construction permit, such infomation shall show that the applicant possesses the funds necessary to cover estimated construction costs and related fuel cycle costs or that the applicant has reasonable assurance of obtaining the necessary funds, or a combination of the two.
If the application is for an operating license, such information shall show that the applicant possesses the funds necessary to cover estimated operating costs or that the applicant has reasonable assurance of obtaining the necessary funds, or a combination of the two....
The record is clear in this case to all the participants, including Mr. Baker, that the admitted financial issue is limited to HL&P's ability to finance the construction of the proposed facility. See Order, dated March 10,1980, p. 46. Moreover, under the present circumstances, the Staff does not believe-that it is either necessary or appropriate for the-Board to publish the notice requested by Mr. Baker. However, the Staff would l
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3 have no objection to the sending of a notice or letter to all parties and those persons who made limited personal appearances during the week of 4
January 12, 1981, for which the NRC has addresses, advising them that the financial issues in this proceeding are limited to questions concerning ability to finsnce construction of the proposed Allens Creek plant.
Respectfully submitted.
$0L Richard L. Black Counsel for NRC Staff Dated at Bethesda, Maryland this 6th day of February,1981.
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 (Allens Creek Nuclear Generatinq
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO INTERVENOR BAKER'S MOTION FOR CORRECTION OF ERR 0NE0US STATEMENT BY BOARD MEMBER" 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 6th day of February,1981:
Sheldon J. Wolfe, Esq., Chairman
- Susan Plettman, Esq.
Atomic Safety and Licensing Board Panel David Preister, Esq.
U.S. Nuclear Regulatory Commission Texas Attorney General's Office Washington, DC 20555 P.O. Box 12548 Capitol Station Dr. E. Leonard Cheatum Austin, Texas 78711 Route 3, Box 350A Watkinsville, Georgia 30677 Hon. Jerry Sliva, Mayor City of Wallis, Texas 77485 Mr. Gustave A. Linenberger
- Atomic Safety and Licensing Board Panel Hon. John R. Mikeska U.S. Nuclear Regulatory Commission Austin County Judge Washington, DC 20555 P.O. Box 310 Bellville, Texas 77418 The Honorable Ron Waters State Representative, District 79 Mr. John F. Doherty 3620 Washington Avenue, No. 362 4327 Alconbury Street Houston, TX 77007 Houston, Texas 77021 l
J. Gregory Copeland, Esq.
Mr. William J. Schuessler-l Baker & Botts 5810 Darnell One Shell Plaza Houston, Texas 77074 l
Houston, Texas 77002 Mr. F. H. Potthoff, III Jack riewman, Esq.
1814 Pine Village Lows.nstein, Reis, Newman & Axelrad Houston, Texas 77080 10E Connecticut Avenue, N.W.
Washington, DC 20037 D. Marrack 420 Mulberry Lane 8ellaire, Texas 77401
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Texas Public Interest Margaret Bishop Research Group, Inc.
J. Norcan Bishop 11418 Oak Sprino c/o James Scott, Jr., Esq.
Houston, Texas 77043 13935 Ivynount Sugarland, Texas 77478 U.S. Nuclear Regulatory Commission Brenda A. McCorkle Region IV 6140 Darnell Office of Inspection and Enforcement Houston, Texas 770/4 611 Ryan Plaza Drive Suite 1000 Mr. Wayne Rentfro Arlington, Texas 76011 P.O. Box 1335 Rosenberg, Texas 77471 Stephen A. Doggett, Esq.
Pollan, Nicholson & Doggett Rosemary N. Lemmer P.O. Box 592 11423 Oak Spring Rosenberg, Texas 77471 Houston, Texas 77043 Bryan L. Baker Carro Hinderstein 1923 Hawthorne 8739 Link Terrace Houston, Texas 77098 Houston, Texas 77025 Robin Griffith Leotis Johnston 1034 Sally Ann 1407 Scenic Ridge Rosenberg, Texas 77471 Houston, Texas 77043 Carolina Conn Atomic Safety and Licensing
- 1414 Scenic Ridge Appeal Board Houston, Texas 77043 U.S. Nuclear Regulatory Comission Washington, DC 20555 Mr. William Perrenod 4070 Merrick Atomic Safety and Licensing
- Houston, TX 77025 Board Panel U.S. Nuclear Regulatory Comission Washington, DC 20555 Docketing and Service Section
- Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555 Roy P. Less f/
Deputy Assistant Chief Hearing Counsel l
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