ML19347A680
| ML19347A680 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 09/25/1980 |
| From: | Black R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CP, NUDOCS 8009300012 | |
| Download: ML19347A680 (8) | |
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9/25/80 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
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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:
(1) BOARD ORDER DATED SEPTEMBER 17, 1980; (2) INTERVENOR DOHERTY'S MOTION FOR ADDITIONAL TIME TO ANSWER MOTIONS FOR
SUMMARY
DISPOSITION, AND (3) TEXPIRG MOTION FOR EXTENSION OF TIME TO FILE MOTIONS FOR
SUMMARY
DISPOSITION On September 17, 1980, the Licensing Board issued an Order which requested comments from the parties with respect to the desirability and feasibility of a proposed hearing schedule set forth in that Order.
The hearing schedule set forth in the Order proposes that the hearings on environmental issues could commence on December 1,1980 as opposed to the second week of Jar.uary, 1981 as originally anticipated by the Board during the prehearing conference held on August 13,1980 (Tr.1747-48,1773). The Staff's comments on this revised schedule will be detailed below.
In addition, since !ntervenor Doherty's and TexPIRG's separate motions for extension of time (filed on September 15, 1980 and September 12, 1980, respectively) pertain to and will be impacted by any hearing schedule established, this Staff response will address those motions as well below.
1.
Board Order The Board Order requested comments on the following proposed hearing schedule on environmental issues:
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' December 1 through December 5,1980 December 8 through December 12 December 15 through December 19 January 5,1981 (and continuing on all weekdays thereafter) to completion of testimony on environmental matters.
The Staff believes that the above-proposed schedule is feasible since, in fact, we have advocated previously that environmental hearings should commence on October 21, 1980.
(See letter to fiessers. Wolfe, Linenberger and Cheatum from Stephen M. Sohinki, NRC Staff Counsel (July 18,1980).) We further believe, however, that a hearing schedule on a two week on/one-week off basis is more desirable than that proposed above. The Staff would desire this intermittent schedule to facilitate scheduling of witnesses and to attend to other pressing netters at NRC headquarters. Accordingly, the Staff would proposed the following hearing schedule and order of issues to be heard:
December 1 through December 5,1980 Limited Appearance Statements Cooling lake / recreational benefits & dam extension Cooling lake / radioactivity j
Cooling lake / seepage December 8 through December 12, 1980 Energy Alternatives (conservation, solar, solid waste, natural gas, coal, interconnection / purchase of power, biomass) l i
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. January 5 through January 9,1981 Transmission lines / health Transmission lines / waterfowl Barge slip January 12 through January 16 Alternative sites The Staff's proposed schedule allows sufficient time for a complete examination of the issues and provides for a logical grouping of issues in accordance with the subject matter and the witnesses who will present the testimony on these issues.
In addition, it will result in a longer holiday recess at a time 1
when scheduling of witnesses and making travel arrangements has proven difficult.
This schedule would also require that all environmental testimony for the first session (December 1 through December 12,1980) be prefiled by November 10, i
1980 and that the testimony for the issues in the second session (January 5 through 16) be filed by December 16, 1980. The Staff further contemplates that the above schedule could be extended, if needed, on a two-week on/one-weak off basis until the completion of hearings on environmental issues. The schedule for evidentiary hearings on health and safety issues would be developed at a later date.
2.
Intervenor Doherty's Motion for Additional Time to Answer Motions For Summary Disposition On September 15, 1980, Intervenor Doherty filed a motion requesting an additional six weeks time until November 15, 1980 in which to file nis I
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answers to the motions for summary disposition filed by both Applicant and S ta f f.
Doherty asserts that he has completed responses to four of the fifteen contentions subject to motions for sumary disposition,S ut needs the b
additional time to complete responses to the remaining contentions.
Doherty's motion sets forth the following five assertions of good cause to support his request.
First, he contends that there is no indication that the motions for summary disposition need to be decided before November 15, 1980. Second, since these motions for sumary disposition pertain to safety issues, he argues that they will not be the subject of an evidentiary hearing until the environmental hearing is completed--probably not until mid-January 1981 at the earliest.
Third, he asserts that the Staff has not responded to interrogatories which are relevant to three contentions subject to motions for summary disposition.S Fourth, Applicant did not indicate until September 12, 1980 that certain relevant documents were available to Intervenor.
Fifth, Intervenor asserts that other relevant documents are still not available to him.
Staff believes there is some merit to several of the proffered justifications set forth above.
Namely, the proposed hearing schedules discussed above (either the Board's or the Staff's) indicate that safety issues will not be calendared until late-January 1981. Thus, resolution of the motions for summary Staff would note that it has not received these four responses. However, we have received a document dated September 22, 1980, entitled " Witness Testimony of John F. Doherty in Behalf of His Contentica #45
' Lateral Core Support' - Reply to Motion for Sumary Disposition" which indicates that replies were also submitted by Intervenor Doherty for summary disposition motions on Contentions 28, 31, 35, 38(b), 13 and 43. We trust that service will be completed on these replies as soon as possible.
U ntentions 12, 24 and 44.
Co
e disposition on these issues is not needed as early as a decision on the environmental issues which are subject to summary disposition. However, that is not to say that early resolution of the safety issues is not crucial.
To the contrary, all parties need to know what issues will be the subject of litigation at least several months in advance of the hearing in order to ascertain witnesses, prepare testimony, and determine scheduling. Accordingly, the Staff believes that these issues should be resolved by late-November 1980, at the very latest. This would require that all responses to summary disposition motions should be filed by late-October in order to give the Board one month to rule upon the motions and responses.
Based on the foregoing, the Staff submits that a three week extension of time, until October 23, 1980, is fair and equitable under these circumstances.
Since motions for summary disposition were filed on August 4,1980 by the Applicant and on August 8,1980 by the Staff, this schedule would allow Intervenor Doherty some 2-1/2 months in which to file responscs. We think that this is ample time and certainly in excess of the 20 days allowed by the Commission's regulations set forth in 10 C.F.R. 52.749.3 3.
TexPIRG Motion for Extension of Time to File Motions for Summary
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Disposition On September 12, 1980, Intervenor TexPIRG filed the above motion requesting "more time" to file motions for summary disposition.
Pursuant to the Board's E n suggesting this schedule, the Staff is aware that several interrogatory I
responses are outstanding. These responses should be completed within the week and, consequently, not impact the suggested schedule.
- Order dated August 21, 1980, intervening parties had until September 12, 1980 in which to file their motions for summary disposition. TexPIRG asserts that it needs "more time" because "several more [ motions] need to be made and time has run out..."
The Staff submits that this motion should be denied because no good cause has been advanced by TexPIRG for the requested " indefinite" extension of time.
Since it appears that hearings are scheduled to commence on December 1,1980 as opposed to mid-January 1981 as originally contemplated when the filing schedule was established, it is imperative that the schedule established for filing motions for summary disposition on environmental issues be strictly adhered to in order to ascertain what issues will be litigated at an early date. We believe that TexPIRG has had more than enough time (approximately 1-1/2 months since the Applicant's and Staff's motions were filed) in which to file their motions.
Respectfully submitted, 1
m LGLJ; LL i
l Richard L. Black Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of September, 1980 1
e UNITED STATES OF AMERICA NUCLEAR REGULATURY COMMISSION BEFORE THE ATOMIC 5AFETY AND LICENSING BOARD In the Matter of
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HOUSTON LIGHTING & POWER COMPANY Dociet No. 50-466 (Allens Creek Nuclear Generating
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE T0:
(1) BOARD ORDER DATED SEPTEMBER 17, 1980; (2) INTERVEN0R DOHERTY'S MOTION FOR ADDITIONAL TIME TO ANSWER MOTIONS FOR
SUMMARY
DISPOSITf 0N, AND (3) TEXPIRG MOTION FOR EXTENSION OF TIME TO FILE MOTIONS FOR
SUMMARY
DISPOSITION" in the above-captioned pro-ceeding have been served on the following by deposit in the United States nail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 25th day of Sep tember, 1980:
Sheldon J. Wolfe, Esq., Chairman
- Richard Lowerre, Esq.
Atomic Safety and Licensing Board Panel Asst. Attorney General for the U.S. Nuclear Regulatory Commission State of Texas 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
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Mr. John F. Doherty 4327 Alconbury Street Houston, Texas 77021 J. Gregory Copeland, Esq.
Baker & Botts One Shell Plaza Houston, Texas 77002 Mr. F. H. Potthoff, III Jack Newman, Esq.
7200 Shady Villa #110 Lowenstein, Reis, Newman & Axelrad Houston, Texas 77055 1025 Connecticut Avenue, N.W.
Washington, DC 20037 D. Marrack 420 Mulberry Lane Carro Hinderstein Bellaire, Texas 77401 8739 Link Terrace Houston, Texas 77025
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Texas Public Interest Margaret Bishop Research Group, Inc.
J. Morgan Bishop c/o James Scott, Jr., Esq.
11418 Oak Spring 13935 Ivymount Houston, Texas 77043 Sugarland, Texas 77478 Brenda A. McCorkle 6140 Darnell Houston, Texas 770/4 Mr. Wayne Rentfro P.O. Box 1335 Roser. berg, 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 1923 Hawthorne Houston, Texas 77098 Robin Griffith Leotis Johnston 1034 Sally Ann 1407 Scenic Ridge Rosenberg, Texas 77471 Houston, Texas 77043 Elinore P. Cummings Atomic Safety and Licensing
- 926 Horace Mann Appeal Board Rosenberg, Texas 77471 U.S. Nuclear Regulatory Comission Washington, DC 20555 Atomic Safety and Licensing
- Board Panel U.S. Nuclear Regulatory Commission Mr. Nilliam Perrenod Washington, DC 20555 4070 Merrick Houston, TX 77025 Docketing and Service Section
- Office of the Secretary Carolina Conn U.S. Nuclear Regulatory Comission 1414 Scenic Ridge Washington, DC 20555 Houston, Texas 77043 Mr. William J. Schuessler U.S. Nuclear Regulatory Comission 5810 Darnell Region IV Houston, Texas 77074 Office of Inspection and Enforcement 611 Ryan Plaza Drive The Honorable Ron Waters Suite 1000 State Representative, District 79 Arlington, Texas 76011 3620 Washington Avenue, No. 362 Houston, TX 77007 b.c/ Y
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Richard L. Black Counsel for hRC Staff
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