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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20063N7471982-10-0606 October 1982 Motion for Termination of Proceedings.Util Decided to Cancel Plant.Certificate of Svc Encl ML20063N7591982-10-0606 October 1982 Withdrawal of Application for CP ML20055A7221982-07-15015 July 1982 Memorandum & Order Denying Jf Doherty 820615 Submittals, Treated as Motion to Reconsider ASLB 820602 Order.Motion Untimely Filed & Failed to Show Significance or Gravity of Issues ML20055A3551982-07-12012 July 1982 Amended Contention 59.Certificate of Svc Encl ML20054L4521982-07-0202 July 1982 Response Opposing J Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Fails to Establish Timeliness &/Or Significance of Issues Sought to Be Raised.Certificate of Svc Encl ML20054L5531982-07-0202 July 1982 Response Opposing Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Should Be Considered Motion for Reconsideration of ASLB 820602 Order.Timeliness & Significance of Issues Not Established.W/Certificate of Svc ML20054J9371982-06-28028 June 1982 Response Opposing J Doherty 820615 Request to Reopen Record. Request Improper & Insufficient to Support Relief.Commission Rules Cannot Be Circumvented by Refiling Same Argument After ASLB Ruling Issued.Certificate of Svc Encl ML20054F9861982-06-15015 June 1982 Motion to Reopen Record to Take Evidence on Contention 59. Gravity of Issues Warrants Reopening ML20054G0171982-06-15015 June 1982 Contention 50 Re Brown & Root Deficiencies in Quadrex Rept. Certificate of Svc Encl ML20053D0861982-05-24024 May 1982 Response in Opposition to Util 820519 Motion to Strike Doherty Contention 58 Re Applicant Conduct on Reporting Violations.Contention Should Be Treated as Such,Not as Motion.Certificate of Svc Encl.Related Correspondence ML20052H8621982-05-19019 May 1982 Motion to Strike J Doherty Reply to Applicant 820507 Response to Doherty 820422 Motion to Add Contention 58. Commission Rules Do Not Allow Reply.Certificate of Svc Encl ML20052H4441982-05-14014 May 1982 Reply Opposing Applicant 820507 Response to J Doherty 820422 Motion to Add Contention 58.Contention Should Be Admitted W/Amends.Aslb Should Judge Conduct of Applicants. Certificate of Svc Encl ML20052F3121982-05-0707 May 1982 Response Opposing J Doherty 820422 Motion to Add Contention Re Alleged Failure to Rept Design Defects.Substantively, Motion Is Motion to Reopen Record & Stds Have Not Been Met. Certificate of Svc Encl ML20052D1221982-04-29029 April 1982 Findings of Fact on Supplemental Issues to Tx Pirg Addl Contention 31 Re Technical Qualifications.Certificate of Svc Encl ML20052A4541982-04-22022 April 1982 Submittal of Contention 58 Re Applicant Conduct on Reporting Violations at Plant.Certificate of Svc Encl ML20054E0561982-04-21021 April 1982 Supplemental Findings of Fact on Tx Pirg Addl Contention 31 Re Technical Qualifications.Certificate of Svc Encl ML20050J1111982-04-0606 April 1982 Answers to Second & Third Sets of Interrogatories,Questions 29 & 8 Respectively,Re Quadrex Rept.Certificate of Svc Encl. Related Correspondence ML20050E2961982-04-0505 April 1982 Answers & Objections to Seventh Set of Interrogatories. Certificate of Svc Encl.Related Correspondence ML20050E2891982-04-0505 April 1982 Answers & Objections to Doherty Sixth Set of Interrogatories.Related Correspondence ML20050C4211982-04-0202 April 1982 Objections to Request for Admissions.Requests Untimely, Irrelevant to Issues Before ASLB & Extremely & Unduly Burdensome.Certificate of Svc Encl.Related Correspondence ML20050C4081982-03-31031 March 1982 Answers & Objections to Fifth Set of Interrogatories. Certificate of Svc Encl.Related Correspondence ML20050C4791982-03-29029 March 1982 Answers & Objections to Jf Doherty Fourth Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Matters. Certificate of Svc Encl.Related Correspondence ML20042C6181982-03-29029 March 1982 Response Opposing J Doherty 820315 Motion for ASLB to Subpoena Quadrex Corp Employee Witnesses as ASLB Witnesses. Request Is Based on Misperception of Scope of Reopened Hearings.Certificate of Svc Encl ML20042C6431982-03-29029 March 1982 Motion for ASLB to Call DE Sells as Witness for Tx Pirg Addl Contention 31 & Quadrex-related Matters.Testimony Needed to Explain Why NRC Did Not Immediately Obtain Quadrex Rept. Certificate of Svc Encl ML20050C5091982-03-26026 March 1982 Response to Jf Doherty 20th & 21st Requests for Documents. Certificate of Svc Encl ML20050C5041982-03-26026 March 1982 Testimony of Lj Sas on Tx Pirg Addl Contention 31 Re Quadrex Rept.Rept Raises No Issue as to Whether Ebasco Can Properly Engineer Project.Prof Qualifications Encl ML20050C5011982-03-26026 March 1982 Supplemental Testimony of Jh Goldberg on Technical Qualifications.Brown & Root Terminates Due to Lack of Engineering Productivity,Not Due to Allegations in Quadrex Rept ML20042C5201982-03-25025 March 1982 Motion to Compel Discovery from Applicant & to Postpone Evidentiary Presentations at 820412 Hearings.Applicant Objections to Interrogatories Unsupported & Necessitate Hearings Be Delayed.Certificate of Svc Encl ML20049K0671982-03-25025 March 1982 Reply to Tx Pirg 820315 Addl Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl ML20049K0801982-03-25025 March 1982 Answers & Objections to Interrogatories.Certificate of Svc Encl ML20042C5481982-03-23023 March 1982 Fourth Set of Requests for Admissions Re Quadrex Rept & Tx Pirg Contention 31.Certificate of Svc Encl ML20049K0841982-03-23023 March 1982 Answers & Objections to Third Set of Interrogatories. Certificate of Svc Encl ML20049K0941982-03-23023 March 1982 Answers & Objections to Second Set of Interrogatories. Certificate of Svc Encl ML20042A4791982-03-17017 March 1982 Response Opposing J Doherty 820310 Motion for Postponement of 820412 Hearings.Sufficient Grounds Not Provided to Justify Delay.Certificate of Svc Encl ML20042B2351982-03-17017 March 1982 Seventh Set of Interrogatories Re Tx Pirg Addl Contention 31 & Quadrex Rept Matters.Certificate of Svc Encl ML20042B2381982-03-15015 March 1982 Sixth Set of Interrogatories Re Tx Pirg Addl Contention 31 & Quadrex Rept Matters.Certificate of Svc Encl.Related Correspondence ML20042B2451982-03-15015 March 1982 Motion for Subpoena of Quadrex Corp Employees.Testimony Necessary for Clear Understanding of Brown & Root Deficiencies Despite Util Supervision & Specific Steps Needed to Correct & Prevent Problems.W/Certificate of Svc ML20041F0761982-03-10010 March 1982 Fourth Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Rept.Certificate of Svc Encl.Related Correspondence ML20041F0871982-03-10010 March 1982 Motion for Postponement of 820412 Hearing on Tx Pirg Addl Contention 31 & Quadrex-related Matters.Addl Time Needed to Complete Discovery.Certificate of Svc Encl ML20049J6571982-03-0808 March 1982 Answers to First Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Matters.Certificate of Svc Encl ML20041E1001982-03-0505 March 1982 First Set of Interrogatories & Request for Production of Documents.Certificate of Svc Encl ML20041E1071982-03-0505 March 1982 First Set of Interrogatories & Request for Production of Documents Re Tx Pirg Contention 31.Certificate of Svc Encl ML20041E1181982-03-0505 March 1982 Third Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Rept Matters.Related Correspondence ML20041E1201982-03-0505 March 1982 Motion for Order Directing Applicant to Provide Forthcoming Bechtel Quadrex Rept Review.Rept Pertinent to Remaining Issue.Certificate of Svc Encl.Related Correspondence ML20041E1741982-03-0505 March 1982 Brief Opposing R Alexander Appeal from ASLB 820112 Order Denying Petition to Intervene.Aslb Did Not Abuse Discretion in Denying Petition.Certificate of Svc Encl ML20041E0711982-03-0404 March 1982 Second Set of Interrogatories Re Tx Pirg Contention 21 & Quadrex Rept Matters.Certificate of Svc Encl.Related Correspondence ML20049H8881982-03-0101 March 1982 Response Opposing D Marrack 820213 Motion for Review of Dates for Reopening Hearings & Continuance.No Commission Regulations or Atomic Energy Act Provisions Require Applicant Irrevocable Commitment.Certificate of Svc Encl ML20041B5381982-02-22022 February 1982 Reply to Intervenors Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl ML20041C0671982-02-22022 February 1982 Response Opposing Tx Pirg 820209 Motion for Addl Time to File Proposed Findings of Fact & Conclusion of Law.Motion Mooted by Tx Pirg Filing Proposed Findings on 820212. Certificate of Svc Encl ML20041B5421982-02-17017 February 1982 First Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Matters.Certificate of Svc Encl.Related Correspondence 1982-07-02
[Table view] Category:PLEADINGS
MONTHYEARML20063N7471982-10-0606 October 1982 Motion for Termination of Proceedings.Util Decided to Cancel Plant.Certificate of Svc Encl ML20054L4521982-07-0202 July 1982 Response Opposing J Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Fails to Establish Timeliness &/Or Significance of Issues Sought to Be Raised.Certificate of Svc Encl ML20054L5531982-07-0202 July 1982 Response Opposing Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Should Be Considered Motion for Reconsideration of ASLB 820602 Order.Timeliness & Significance of Issues Not Established.W/Certificate of Svc ML20054J9371982-06-28028 June 1982 Response Opposing J Doherty 820615 Request to Reopen Record. Request Improper & Insufficient to Support Relief.Commission Rules Cannot Be Circumvented by Refiling Same Argument After ASLB Ruling Issued.Certificate of Svc Encl ML20054F9861982-06-15015 June 1982 Motion to Reopen Record to Take Evidence on Contention 59. Gravity of Issues Warrants Reopening ML20053D0861982-05-24024 May 1982 Response in Opposition to Util 820519 Motion to Strike Doherty Contention 58 Re Applicant Conduct on Reporting Violations.Contention Should Be Treated as Such,Not as Motion.Certificate of Svc Encl.Related Correspondence ML20052H8621982-05-19019 May 1982 Motion to Strike J Doherty Reply to Applicant 820507 Response to Doherty 820422 Motion to Add Contention 58. Commission Rules Do Not Allow Reply.Certificate of Svc Encl ML20052H4441982-05-14014 May 1982 Reply Opposing Applicant 820507 Response to J Doherty 820422 Motion to Add Contention 58.Contention Should Be Admitted W/Amends.Aslb Should Judge Conduct of Applicants. Certificate of Svc Encl ML20052F3121982-05-0707 May 1982 Response Opposing J Doherty 820422 Motion to Add Contention Re Alleged Failure to Rept Design Defects.Substantively, Motion Is Motion to Reopen Record & Stds Have Not Been Met. Certificate of Svc Encl ML20042C6181982-03-29029 March 1982 Response Opposing J Doherty 820315 Motion for ASLB to Subpoena Quadrex Corp Employee Witnesses as ASLB Witnesses. Request Is Based on Misperception of Scope of Reopened Hearings.Certificate of Svc Encl ML20042C6431982-03-29029 March 1982 Motion for ASLB to Call DE Sells as Witness for Tx Pirg Addl Contention 31 & Quadrex-related Matters.Testimony Needed to Explain Why NRC Did Not Immediately Obtain Quadrex Rept. Certificate of Svc Encl ML20042C5201982-03-25025 March 1982 Motion to Compel Discovery from Applicant & to Postpone Evidentiary Presentations at 820412 Hearings.Applicant Objections to Interrogatories Unsupported & Necessitate Hearings Be Delayed.Certificate of Svc Encl ML20042A4791982-03-17017 March 1982 Response Opposing J Doherty 820310 Motion for Postponement of 820412 Hearings.Sufficient Grounds Not Provided to Justify Delay.Certificate of Svc Encl ML20041F0871982-03-10010 March 1982 Motion for Postponement of 820412 Hearing on Tx Pirg Addl Contention 31 & Quadrex-related Matters.Addl Time Needed to Complete Discovery.Certificate of Svc Encl ML20041E1201982-03-0505 March 1982 Motion for Order Directing Applicant to Provide Forthcoming Bechtel Quadrex Rept Review.Rept Pertinent to Remaining Issue.Certificate of Svc Encl.Related Correspondence ML20041E1741982-03-0505 March 1982 Brief Opposing R Alexander Appeal from ASLB 820112 Order Denying Petition to Intervene.Aslb Did Not Abuse Discretion in Denying Petition.Certificate of Svc Encl ML20049H8881982-03-0101 March 1982 Response Opposing D Marrack 820213 Motion for Review of Dates for Reopening Hearings & Continuance.No Commission Regulations or Atomic Energy Act Provisions Require Applicant Irrevocable Commitment.Certificate of Svc Encl ML20041C0671982-02-22022 February 1982 Response Opposing Tx Pirg 820209 Motion for Addl Time to File Proposed Findings of Fact & Conclusion of Law.Motion Mooted by Tx Pirg Filing Proposed Findings on 820212. Certificate of Svc Encl ML20041B5901982-02-13013 February 1982 Motion for Postponement of All Action on CP Application Until Applicant States That Util Irrevocably Committed to Building Plant If CP Received.Certificate of Svc Encl ML20040H0761982-02-0909 February 1982 Motion for 30 Addl Days to File Proposed Findings of Fact & Conclusions of Law.Length of Record Necessitates Extension. Decision Would Not Be Delayed Since Addl Hearings to Be Held in Apr 1982 ML20040E2781982-01-29029 January 1982 Requests for Clarification Re R Alexander 811130 Petition to Intervene.J Silberg 820122 Ltr Indicates That Order Denying Petition Issued,But No Order Has Been Served.Certificate of Svc Encl ML20039B7481981-12-17017 December 1981 Response Opposing Tx Pirg 811207 Motions for Addl Testimony, Further Development of Record & Admission of New Contention. Motion Superficial Attempt to Delay Proceeding & Totally Devoid of Merit.Certificate of Svc Encl ML20062M6441981-12-14014 December 1981 Response Opposing Doherty 811015 Renewed Motion for Addl Evidence on Tx Pirg Contention 31.Doherty Failed to Comply W/Aslb 811110 Order.Motion Is W/O Merit & Would Cause Unnecessary Delay.Certificate of Svc Encl ML20062M6241981-12-0707 December 1981 Motion for Tx Pirg to Present Addl Evidence,To Order Applicant to Serve Tx Pirg W/Quadrex Rept & to Rule That Need for Power Is Tx Pirg Contention.Alternatively,Requests Admittance as Tx Pirg Contention.W/Certificate of Svc ML20039B0771981-12-0707 December 1981 Renewed Motion for Addl Evidence on Tx Pirg Addl Contention 31 Re Applicant Technical Qualifications.Specifies Portions of Quadrex Rept,Indicating Organizational Changes That Should Be Made.Certificate of Svc Encl ML20038A8841981-11-20020 November 1981 Response Opposing Doherty 811106 Motion for Addl Testimony on Need for Power.Pleading Construed as Motion to Reopen Record.Burden of Explaining Why ASLB Would Reach Different Result Not Met.W/Certificate of Svc.Related Correspondence ML20010F4791981-09-0303 September 1981 Response Opposing Further Consideration of Radon Releases. NRC Analysis of Radon Releases in Final Suppl to Fes Satisfies NEPA Requirements,Complies W/Commission 780414 Order & Supplies Sufficient Info.Certificate of Svc Encl ML20010G1101981-09-0303 September 1981 Response to ASLB Request Re Positions on ALAB-640.Radon Emissions Determined by ALAB-640 Constitute Significant Addl Environ Impact.Certificate of Svc Encl ML20010A1171981-08-0505 August 1981 Motion to Strike Marrack Prefiled Testimony.Testimony Is Not Specifically Responsive to F Sanders 810205-06 Testimony. Certificate of Svc Encl.Related Correspondence ML20009B2031981-07-0707 July 1981 Response in Opposition to Intervenor Doherty 810622 Request for Leave to File Contention 57.No Good Cause Shown for Late Filing & No Specificity Provided.W/Science News Article & Certificate of Svc ML20005B3801981-06-22022 June 1981 Request for Leave to File & Submission of Contention 57 Re Vulnerability of Control Sys to Electromagnetic Pulses. Issue Has Not Been Made Public Until Recently.W/Certificate of Svc ML19347F4941981-05-0808 May 1981 Reply Opposing Doherty 810423 Filing Re Contention 56, If Filing Is Motion to Add Late Filed Contention. Contention Refs Alleged Problem at Browns Ferry Which Is Not Applicable to Mark III Containments.W/Certificate of Svc ML19347F4661981-05-0808 May 1981 Response Opposing Doherty 810423 Motion to Reopen Record on Need for Power Contention.Aslb Should Issue Order That Motion Is Moot & Direct Applicant to Update Testimony on Need for Power Testimony Later.Certificate of Svc Encl ML20003H9551981-04-29029 April 1981 Motion for Order Adopting Specific Procedures to Govern Conduct of cross-examination During Health & Safety Phase of Proceeding.Procedures Will Ensure cross-examination Not Cumulative.W/Proposed Order & Certificate of Svc ML19343D3891981-04-27027 April 1981 Motion to Strike I Bross 810331 Affidavit.Affidavit Does Not Respond to Ld Hamilton Supplemental Affidavits But Constitutes Personal Attack of Affiant.Certificate of Svc Encl.Related Correspondence ML20126J9451981-04-24024 April 1981 Motion Opposing Applicant 810422 Motion to Preclude Jm Scott Testimony.Tx Pirg & Intervenor Doherty Are Separate Parties ML20003H7981981-04-22022 April 1981 Motion for Addl Testimony & cross-examination on Conservation Techniques,Interconnection & Effects of Const Delay.Proceedings Have Not Addressed These Issues. Certificate of Svc Encl ML20003H7471981-04-22022 April 1981 Motion to Preclude Jm Scott Testimony.Intent of ASLB 810407 Order Was to Preclude Scott from Having Dual Role of Atty & Witness for Any Other Party.Certificate of Svc Encl. Related Correspondence ML20126H9601981-04-0707 April 1981 Request for Order Directing Util to Reissue 810331 Pleading W/Correct Title.Defective Title Did Not Put All Parties on Notice ML20126H9641981-04-0707 April 1981 Response in Opposition to Util & NRC 810330 Motions to Disqualify Tx Pirg Counsel,Jm Scott.Counsel Will Appear as Expert Witness.Public Interest Requires Counsel Presence. Certificate of Svc Encl ML19347D9721981-03-31031 March 1981 Response to NRC & Applicant Responses to J Doherty 810222 Motion for Reconsideration of Admission of Contention 21. Filing of Motion Was Timely Under Circumstances. Certificate of Svc Encl ML19345G4941981-03-30030 March 1981 Brief,In Form of Pleading,Addressing Need to Disqualify Tx Pirg Counsel Per Disciplinary Rules 5-101 & 5-102.Having Chosen to Appear as Witness,Scott Should Be Barred from Participation as Atty.Certificate of Svc Encl ML19345G5831981-03-24024 March 1981 Response for Order Allowing Intervenors to File Id Bross Supplemental Affidavit to Respond to Ld Hamilton Affidavit on Behalf of Util.One Day Delay Should Be Excused Due to Intervenor Attempt to Comply W/Rules.W/Certificate of Svc ML20003D2161981-03-0404 March 1981 Response Opposing Tx Pirg 810217 Motions on Procedural Matters,Referral of Interlocutory Appeal,Certification of Various Issues & Removal of Aslb.Motion Contains Misrepresentations of Alab Rulings.W/Certificate of Svc ML19341D4801981-02-25025 February 1981 Response to Intervenor Doherty Third Supplemental Response to Motion for Summary Disposition.Intervenor Has No Right to File Late Responses,Shows No Good Cause & Info Has No Relationship to Affected Contentions.W/Certificate of Svc ML20003C3161981-02-17017 February 1981 Requests to ASLB for Interlocutory Appeal & Certification of Questions & to ASLAP for Direct Certification of Question Re Ability of Intervenors to cross-examine Witnesses. Certificate of Svc Encl ML20003B0771981-02-0505 February 1981 Response in Opposition to Intervenor Jf Doherty Contention 55.Contention Does Not Address 10CFR2.714 Requirements & No Good Cause Established for Late Filing.Certificate of Svc Encl ML19345E8521981-01-30030 January 1981 Suppl to 810129 Motion Requesting Reversal of 810123 Ruling Denying Intervenor Rentfro cross-examination Opportunity.Evidence Supporting Intervenor Discernible Interest in Issues Outlined.W/Certificate of Svc ML19345E5721981-01-29029 January 1981 Requests ASLB Reconsider Ruling Restricting cross-examination,for Interlocutory Appeal & Certification of Questions.Also Moves Aslab for Directed Certification of Questions & Appointment of New Aslb.W/Certificate of Svc ML19341B6021981-01-29029 January 1981 Response Opposing Intervenor Doherty 810123 Motion to Change Cross Examination Procedures.Repetitious cross- Examination Would Be Avoided If All Intervenors Attended All Proceedings.Certificate of Svc Encl 1982-07-02
[Table view] |
Text
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G S e October 2, 1980
% w , i UNITED STATES OF AMERICA
- NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFTEY AND LICENSING BOARD 4
In the Matter of 5 5
HOUSTON LIGHTING & POWER COMPANY 5 Docket No. 50-466 4
' 5 5
(Allens Creek Nuclear Generating 5 Station, Unit 1) 5 APPLICANT'S RESPONSE TO TEXPIRG'S MOTION FOR
SUMMARY
DISPOSITION AND APPLICANT'S CROSS-MOTION FOR
SUMMARY
DISPOSITION OF
- TEXPIRG ADDITIONAL CONTENTION 50 (" LATCHING")
i On August 6, 1980, Intervenor TexPirg moved this i Board for summary disposition in its favor on TexPirg Addi-i tional Contention 50 (" latching"), in which TexPirg alleges that radioactive emissions from the Allens Creek Nuclear Generating Station (ACNGS) will confuse the guidance systems of aircraft that fly nearby, causing these aircraft to
- crash.
Applicant Houston Lighting & Power Company now responds to that motion and will show that TexPirg's motion is legally insufficient to support summary disposition. In support of this response, Applicant attaches the Affidavit of Dr. James R. Sumpter. Applicant moves that TexPirg's motion be denied.
Applicant further moves that TexPirg's instant pleading and Applicant's response thereto, together with the 2
attached affidavit, be considered by this Board in granting Applicant's separate Motion for Summary Disposition of TexPirg Additional Contention 50, filed on August 4, 1980.
, TexPirg's barren, unsupported pleading and attempts at proof are, themselves, convincing additional evidence that the
" latching" contention deserves no trial on the merits.
ARGUMENT A. Lack of Evidence As a fundamental matter, TexPirg's motion should be denied for lack of competent evidence to support the motion. This Intervenor filed no affidavit nor any other admissible evidence in support of the motion. The motion,
, itself, is unsworn and cannot be evidence. (See Applicant's Memorandum of Law filed simultaneously herewith, at p. 6.)
1 TexPirg's " Statement of Material Facts" contains citations and quotations from " learned treatises," but these are-clearly hearsay and cannot be admitted in the absence of an expert's affidavit. (See Applicant's Memorandum of Law, at pp. 5-6).
TexPirg has, in short, offered a motion without evidentiary support in the record. Upon such a nonexistent record, it cannot be concluded that there is no genuine 1
issue as to any material fact and that TexPirg is entitled to a decision as a matter of law.
B. Insufficient Evidence Even if one assumes that the citations and quotations profferred by TexPirg are admissible as evidence, the motion should be denied because of the absolute insufficiency of this evidence.
First, only three assertions among the eight in TexPirg's " Statement of Material Facts" are supported by this " evidence." TexPirg baldly offers Assertions 1, 2, 4, 6, and 8 without any such support. TexPirg may regard these as self-evident propositions, but they are not. See the attached Affidavit of Dr. James R. Sumpter.
Second, the authorities cited for the remaining three assertions fail.to support the propositions for which 4
they are offered and, in some cases, actually support Applicant's A
motion for summary disposition on this contention.
Assertion 3 cites "the Atomic Energy Commission study, WASH-740 at page 62"b/ to support the proposition that "[d]uring class 9 accidents, huge amounts of radiation can-travel large distances in the air." As Dr. Sumpter 1/ Theoretical Possibilities and Consequences of Major Accidents in Large Nuclear Power Plants, WASH-740 (Atomic Energy Commission, March, 1957).
4 points out, the page cited is a theoretical prediction of the lateral dispersion of radioactive material from a major accident with the cloud travelling at ground zero.
4 (Affidavit at 5). As such, it is irrelevant to the issue at hand: whether aircraft would be exposed.
In assertion 5, TexPirg quotes from "the General Electric Transistor Manual,"S/ page 10: " Transistor crystal material is very sensitive to radiation." This statement proves nothing. The burden is on TexPirg to show that the threshhold of sensitivity is so low that emissions from ACNGS would exceed that threshhold for components in passing aircraft. This burden has not been met.
In the same assertion, TexPirg quotes from "page 380" of " Introduction to Solid State Physics by Kittel": S/
1
" . . it is possible to convert th'e conductivity type of an-n-type speciment to p-type by a low concentration of radiation-induced defects." As Dr. Sumpter points out, the latest edition of this. textbook does not contain this quotation, although earlier editions do. (Affidavit at footnote 11).
2 Furthermore, TexPirg's emphasis on the words " low concentration" 2f GENERAL ELECTRIC, TRANSISTOR MANUAL (7th ed., 19_).
3/ The latest edition is C. TITTEL, INTRODUCTION TO SOLID STATE PHYSICS (5th ed. 1976). i f
is misleading. These words refer to a low concentration of ;
l defects, not of radiation exposure. Again, TexPirg fails to say how much radiation is necessary to cause these defects.
l Finally, in assertion 7, TexPirg cites the " Bell !
System Technology [ sic] Journal, Vol. 46, Page 1 (3967) and Proc. IEEE, Vol. 54, page 894" S/ for the proposition that radiation can degrade metal-oxide-semiconductor devices l
through " surface effects." Once again, TexPirg has done absolutely nothing to establish quantitative radiation exposures necessary to cause such-possible effects. The Bell System Technical Journal, as Dr. Sumpter points out, states clearly that radiation on the order of 103 rads is necessary before surface effects become noticeable. Accordingly, TexPirg's cited article, read thoroughly, supports Applicant rather than Intervenor. (Affidavit at 6). As Dr. Sumpter shows, the exposure described in the article is much greater than can be expected from ACNGS at the site boundary during the most severe design basis accident. (Affidavit at 7).
C. " Material Facts" Evidentiary matters aside,.TexPirg's " Statement of Material Facts" fails, to demonstrate that radiation from i
4/ Mitchell & Wilson, Surface Effects of Radiation on Semiconductor Devices, 46 BELL SYSTEM TECH. J. 1 (1967T, and Grove & Snow, A Model for Radiation Damage in Metal-Oxide-Semiconductor Structures, S4 PROC. IEEE 894 (1966).
W 3 ACNGS will increase the probability of air crashes. In J
responding to TexPirg's motion, Applicant's only burden is to show this failure. But Applicant here accepts the greater burden of showing that it is Applicant, not TexPirg, that
, deserves summary disposition.
- 1. Approaches to materiality Two general categories of facts are material to the " latching" contention. One is based on experience: Has any aircraft ever crashed due to this phenomenon? The other ;
is theoretical: What chain of cause and effect, if logically 1
established and scientifically grounded, will show that
) ACNGS will increase the probability of air crashes?
- a. Approach based on experience j TexPirg, for good reason, completely avoids the ,;
i first category of fact. That is, the motion and " statement"
. do not allege that any aircraft has ever crashed due to
" latching." TexPirg does not even resurrect the statement in its contention that actual instances of latching have occurred. This failure to cite an actual event is fatal to the motion from an evidentiary standpoint.
J Applicant, by contrast, positively argues and 1
proves by affidavit in Applicant's summary disposition I motion of August 4 that no air crash has been documented as a result of " latching." This fact, alone,'is sufficient to
~6- l
! support Applicant's motion. The most convincing possible evidence that ACNGS emissions pose no hazard to aircraft is
, the fact that no aircraft are known to have been harmed by flying near similar plants. More importantly, it demonstrates that this is not the kind of matter which the NRC must l
pursue through the hearing process simply because TexPirg conceived the contention out of thin air.
- b. Approach based on theory TexPirg relies, instead, on the second category of material facts--the theoretical catego'ry. This intervenor purports to link together a chain of causative facts, beginning with the emissions from ACNGS and ending with a resultant increase in the probability of air crashes. As will be shown below, TexPirg's chain of reasoning has not one, but many missing links. Each of these missing links is another justification 'for summary disposition in Applicant's favor, for the entire ' chain of reasoning logically fails if any one necessary fact is shown to be untrue.
- 2. The theoretical chain of facts
) In order to uphold TexPirg's " latching" theory, the following chain of events must be pleaded and proved:
(1) that ACNGS will emit a certain, quantified amount of airborne radioactive material; (2) that this material will rise in the air to heights necessary to expose passing i l l
1
l l
aircraft; (3) that, after dispersion in the air and decay over time, this material will remain concentrated enough
so that passing aircraft will suffer a certain quantifiable exposure; (4) that these passing aircraft will carry certain specific electronic equipment, such as transistors and other solid state devices; (5) that one or more of these devices is critical to the safety of the aircraft, so that failure or degradation will increase the probability of an air crash; (6) that exposure to a certain quantified amount of radiation will cause failure or degradation of one or more of these critical devices; and (7) that the actual exposure to passing aircraft from ACNGS will exceed the exposure necessary to cause failure or degradation of these critical devices.
TexPirg fails to allege, much less'to prove, meet i
of these points. TexPirg's assertions numbered 1, 2, and 3 purport to address the first' point discussed above. But rather than quantifying the emitsions from ACNGS, TexPirg contents itself with conclusory statements that "large amounts" of radioactivity, "even more radioactivity," or
" huge amounts of radiation" will be emitted. This failure to quantify, alone, should defeat the motion, for unless it is known how much radiation will be emitted, how can it possibly be shown that this amount is sufficient to cause
1 l
" latching"? Applicant, by contrast, shows clearly in Dr.
1 Sumpter's affidavit that ACNGS will not emit enough airborne radiation during either normal operations (Affidavit at 6-7) or during a loss-of-coolant accident (Affidavit at 7-8) to l cause " latching" in passing aircraft. As for the so-called
" class 9" accident, it clearly is not in issue before this l
- Board. Board Memorandum and Order of September 15, 1980.
This showing, alone, justifies summary disposition for Applicant, for " latching" cannot possibly occur in the presence of sufficient airborne radiation to be emitted by i
j ACNGS.
Point 2, above, is entirely ignored by TexPirg.
None of the assertions states that the emitted radiation will rise into air traffic lanes. TexPirg does assert in its third " statement" that radiation from a " class 9 accident . . .
can travel large distances in the air." This assertion l
fails in two ways to satisfy point 2. First, as mentioned above, a so-called " class 9" accident need not be considered in this proceeding. Second, the " evidence" cited by TexPirg refers to lateral dispersion of radioactive materials, not to vertical disperson. (Affidavit at 5). This shortcoming, too, should defeat the motion. Unless it is alleged and proved that radioactivity will rise into flights paths, how J
can it be said that aircraft will be exposed?
)
l 1
' Point 3 above is also ignored by TexPirg. Not one assertion even purports to describe the radiation exposures likely to be suffered by passing aircraft. Again, this failure should defeat TexPirg's motion. Unless it is shown that aircraft will suffer a certain, quantifiable exposure, how can it be said that this exposure is sufficient to cause
" latching"? Applicant, by showing that the exposure to aircraft at the site boundary is insufficient to cause
" latching," shows by necessary implication that the exposures at greater distances are also insufficient. This fact, alone, justifies summary disposition for Applicant, for in the absence of sufficient exposures, " latching" cannot possibly occur.
TexPirg does assert, no doubt correctly, that !
1 aircraft carry electronic gear. But this intevenor fails to i l
address point 5, above, by failing to allege or show that '
any one or more electronic components of this gear are critical to plane safety. TexPirg seems to assume this point is true in assertion 8, which says that defective semiconductor equipment would increase the probability of
- air crashes. But assumptions are snot enough for summary disposition motions. Are all components critical, only.
some, or none? Which ones? These are material issues, l unaddressed by TexPirg.
l 4
1 Point 6 above--that certain exposures of radiation will cause failure or degradation of critical electronic components on aircraft--is inadequately addressed by TexPirg's assertions 5, 6, and 7. TexPirg alleges only that certain materials are "very sensitive" to radiation. However, TexPirg fails to specify the radiation exposure necessary to interfere with the performance of even one electronic component.
i This failure, too, prevents summary disposition for TexPirg.
Applicant, however, shows the actual threshhold of exposure at which degradation of electronic components begins (Affidavit at 6), a threshhold far higher than the anticipated emissions from ACNGS. This fact, alone, justifies summary disposition for Applicant for the obvious reason..that no " latching" can occur in the absence of emissions powerful enough to cause components to degrade or fail.
And, finally, what of point 7 above? TexPi rg l 1
absolutely fails to provide suffici~ent facts to conclude l that the radiation exposures to aircraft from ACNGS will exceed the threshhold necessary to interfere with the performance of critical electronic gear. TexPirg must assume that, by alleging that "large amounts" of radioactivity will be emitted and that certain components are "very sensitive" to l radiation, it has satisfied this point. This assumption is 1
1 l
4 wrong. To any reader even remotely sensitive to the need for precision in scientific discourse, TexPirg has, by its use of such imprecise and conclusory linguage, raised--not answered--the issue posed by point 7. TexPirg's language, being essentially unverifiable, cannot serve as a basis for summary disposition for TexPirg. The entire thrust of Applicant's affidavit, however, shows that the emissions are clearly not "large" enough nor the components " sensitive" enough to cause " latching." This showing justifies summary disposition for Applicant.
D. Conclusion TexPirg's counsel has admitted the contention "was probably my weakest contention. "E/ (Prehearing Conference, August 13, 1980, transcript at 1780). In the face of this confessed weakness, TexPirg now offers " latching," not as a contention deserving of trial, but as one deserving summary '
disposition in TexPirg's favor. The motion, however, fails utterly to sustain TexPirg's bold position. The motion i
5/ Counsel, apparently under the misapprehension that the i contention had been reworded, presumably thought his words applied only to the "old" version of the contention. Since that "old" version is the only one before this Board, in part because of Tex o irg's refusal to discuss rewording, this t
rare burst of candor offers TexPirg's own frank evaluation l of the " latching" contention. 1 4
, - ~ . . - n.,,. -. .. , , , , , . ~ , . , . , . , - . , , - . - . . . -
demonstrates that the contention is totally without merit and provides further reason for the Board to grant Applicaht's motion for summary disposition. Since Applicant is itself t
moving for summary disposition on this issue the statement j of issues remaining to be tried, as required by 10 C.F.R.
5 2.749(a), is inappropriate. Applicant believes that the material statement of undisputed facts provided in its original motion remains not only unchanged but also unchallenged by TexPirg's motion.
Respectfully submitted, OF COUNSEL: J. regory'/C land ( ~~
C. homas @i e, Jr.
BAKER & BOTTS D ell Hanc k 3000 One Shell Plaza 30 0 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 i
LOWENSTEIN, NEWMAYi, REIS, Jack R. Newman AXELRAD & TOLL I" Robert H. Culp 1025 Connecticut Ave., N.W. David B. Raskin Washington, D. C. 20036 1025 Connecticut Ave., N.W.
Washington, D. C. 20036
, ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY
. .