ML19347D232
| ML19347D232 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 03/02/1981 |
| From: | Cheatum E, Linenberger G, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | TEXAS PUBLIC INTEREST RESEARCH GROUP |
| References | |
| ISSUANCES-CP, NUDOCS 8103110512 | |
| Download: ML19347D232 (9) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD
'*T Before Administrative Judges:
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Cheatum
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In the Matter of:
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H O U S T l.'N LIGHTING & POWER COMPANY I
Docket No. 50-466CP X
(Allens Creek Nuclear Generating I
March 2, 1981 Station, Unit No. 1) 1 MEMORANDUM AND GRDER Memorandum g g9:
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P RO C E E D I N G S 2'
9:01 a.n.
3 JUDGE WOLFE:
It is now 9:01.
4 The hearing is resumed.
5 Since the Board is away from its offices, nN 3
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we have been unable to issue a written order.
We would e
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like to do so orally at this time.
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We would request that the r e.c o r t e r, Ms. B a c. b v,
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put down the caption of the case and head it " Memorandum zoy 10 and order."
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done, and we would ask whether Acolicant or Staff, havinc z
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facilities for this once we've read the Memorandum and
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Order into the record, whether Applicant or Staff could s=
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15 secure a copy from Ms. Bagby of what may be one and a
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y.16 half or two pages of the transcript, reproduce that t
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.and -- well, first, Ms. Bagby, I guess, you would have a=
3 18 1 to give us the one or two pages of the transcript and the w
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Board will sign it.
n 20 l Would it be possible for Applicant or Staff
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then once we've signed that Order, to reproduce the i
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necessary number of copies and serve it on all those on i
23 j the service list?
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in that regard, Mr.
MR. NEWMAN:
We can help.
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'Ch a irm a n.
We will do that for you.
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ALDERSON REPORTING COMPANY. INC.
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l JUDGE WOLFE:
All right.
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S we have now the caption of the case.
2 M MORANDUM AND ORDER i
3 MEMORANDUM 4
And our Memorandum and Order reads as follows:
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8 6l In our unpublished Memorandum and Order of a
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7 September 15, 1980, we denied TexPirg's Motion For E
8 Directive That A Supplement To the Allens Creek l
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E.I.S.
Be Prepared; Re:
Class 9 accidents.
Said I
I TI~ E 10 Motion had been served on July 24, 1980.
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11 i Four months later and one day before the l
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12 full-scale evidentiary hearing began on environmental!
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E 13 issues, on January 15, 1981, Tex?irg filed a motion i
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E 14 with both this Board and the Appeal Board.
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15 motion,'to'the extent that relie5 or action is l
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16 l sought from this Board, is captioned Motion and 3
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<- y 17 i Re q ue s t to Licensing Board for Interlocutory Appeal i
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Per 2.730(f) and Certification of Question Per E
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19 l 2.718(i).
On January 26 and January 30, 1981, 5
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20 l respectively, the Applicant and Staff filed Responses;
. 21 j in opposition to the instant motion.
1 22 i as a_ preliminary matter, we note that Tex?irg
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i 23 erroneously seeks-certification of three questions 24 i pursuant to 10 CFR Section-2.718(i).
Our Memorandum 25]
.and Order of September 15, 1980 subsumed these c
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' ALDERSON REPORTING COMPANY. INC.
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1-3 1'l questions in ruling adversely to Texpirg and thus i'
Section 2.730(f) is the proper section pursuant to which our ruling may be requested to be referred.
Section 2.130(f) provides in pertinent part:
"No interlocutory Appeal may be taken to j
the Commission from a ruling of the presiding 3
0l officer. When in the judgment of the presiding i
l officer prompt decision is j
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,necessary to prevent i
I detriment tc the publi.c interest or unusual delay 9
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10 r expense, the presiding officer may refer the z
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ruling promptly to the Commission, and notify the
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,j 37 l parties either by announcement on the record or by i
13 l' written notice if the hearing is not in session."
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For the following reasons,we deny the E
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~ instant motion requesting referral under Section 5 _15 i uw i
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2.730(f):
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While the Rules.of Practice do not
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b 18 specify the time within which a request to refer a
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after-cur adverse ruling, and, indeed, waited until 20 l 23 the day befort the full-scale evidentiary hearing 22 i began-before it filed the instant motion.
This i
23 i delay was unreasonable and TexPirg failed to show 24 good cause or to offer any explanation _ whatsoever i
1-25) as to why it had not filed the instant motion in a 4'
ALDERSON REPORTING COMPANY. INC.
7500
) i timely manner.
1-4 2.
Drawing down from our first reason, 2
we conclude that obviously TexP rg, because of its i
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unreasonable, unexplained delay, has undercut any 4
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argument that pursuant to Section 2.73 0 (?) a prompt i
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public interest or unusual delay or expense.
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We note that TexPirg, in substance,
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9l argues that our ruling should be referred now at the i
l construction permit stage (a) lest the time and h
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11 cost of construction will have been wasted if. at
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12 the operating license stage, a determination is
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.j 13 i made that the. proposed site is unsuitable in light
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l 14 of a Class 9 accident analysis, or (b) lest, because w
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15-of the expenditure of two billion dollars, a decisic.-
a at the operating license stage will be foreclosed y
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- d 17 from concluding that the alternative South Texas a>
Project site was obviously superior.
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19 l However, TexPirg's argument and forebod-A 20 i ings are without merit.
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In the first place, pursuant to Section 1
22 3 2.762, within ten days after the service of our
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initia'l decision, TexPirg may appeal not only that 24 '
decision,- if it grants the construction permit, I
25 j but mav appeal the earlier Memorandum-and Order of J
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ALDERSON REPORTING COMPANY,INC.
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t ji Septeniber 15, 1980, as well.
Second, pursuant to Section 2.788, if our
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initial decision grants the construction permit, 3
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5 decision, TexPirg may file an application f or a stay
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of the effectiveness of that decision pending a e
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decision on the appeal.
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Finally, Appendix B to 10 CFR Part 2 n
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'd 9l currently suspends Section 2.764 and provides that, ioh' 10 within sixty days after the service of any Licensing z
5 11 Board decision that would otherwise authorize
<3 z'i 12 l licensing action, _the Appeal Board shall decide any i
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13 stay motions that are timely filed, and that, if no az l-14 stay papers are filed, the Appeal Board shall, within 2
15 the same time period (or earlier if possible),
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16 analyze the record and the decision below on its e
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17 l own motion and 6ecide whether a stay'is warranted.
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5 18-44 Federal Register 65049 (November 9,
1979).
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19 l ORDER 20 I For all the foregoing reasons and baseC i.l 21 I upon a consideration of the entire record in this 22
. matter, it is, this-second day of March 1981, 23!i ORDERED 24 i That the Motion and Request to Licensing i
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Board for Interlocutory Appeal Per 2.730(f) and
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ALDERSON REPORTING COMPANY,INC.
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1 1-6 Certification of Question Per 2.71S(i) is 1,
denied.
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THE ATOMIC SAFETY AND LICENSING BOARD 3
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Administrative Judge d
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Adminis rative Judge d '12 i z
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JUDGE WOLFE:
Off the record.
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,9 ALDERSON REPORTING COMPANY, INC.
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UNITED STATES CF AMERICA NUCLEAR REGULATORY CCMMISSION c;
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BEFORE THE ATCMIC SAFETY AND LICENSING BOARE
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.In'the Matter of 5
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HOUSTON LIGHTING & PCWER CCMPANY 5
Docket No. 50-466 S
(Allens Creek Nuclear Generating 5
Statien, Unit 1) 5 CERTIFICATE OF SERVICE I hereby certify that copies _of the foregoing Memorandum and Order issued by the Licensing Board in the above-cactioned proceeding were served on the following by deposit in the United States = ail,. postage prepaid, or by hand-delivery this 2nd dav of March, 1981.
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Sheldon J.-Wolfe, Esq., Chairman Hon. Charles J.
Dusek Atomic-Safety and Licensing Mayor, City of Wallis P.
O.
Box 312 Board Panel
-U.S. Nuclear. Regulatory Commission _
Wallis, Texas 77435 Washington,-D. C.
20555 Hon. Leroy H. Grebe Dr. E. Leonard Cheatus County Judge, Austin Coun:*.
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O. Box 99
-RouteL3, Box 350A Watkinsville, Georgia 30677_
3ellville, Texas 77413
-Atcmic. Safety and Licensinc Mr. Gustave. A.
Linenberger Atomic Safety ^and Licensing Appeal Scard
'U.S.
Nuclear Regulatory 3 card Panel U.S. Nuclear Regulatoryx Commission Ccamission
-Washington,,D.
C.
20555 Washington, D.
C. 20555 Atcmic-Safety and Liccasin-Mr. Chase R.
Stephens Docketine and' Service Section Appeal Board U.S.
Nuclear Regulatory
' Office of the' Secretary _
Commission of the Cc= mission.
Washington,ID.-C.-20555-Washington, D.
C. 20555 Richard Black
' Susan Plettman Staff Counsel
- David Preister U.S.
Nuclear Regulat.ory
-Texas Attorney General's Office Ccmmission P. O._Hox'12548,ECacitol Staticn
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Washington, D.
C.
20555 D
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- Bryan L.
Baker Brenda McCorkle 1118 Montrose 6140 Darnell Houston, Texas 77019 Houston, Texas 77074 J. Morgan Bishop W. Matthew Perrenod 11418 Oak Spring 4070 Merrick Houston, Texas 77043 Houston, Texas 7702S Stephen A. Doggett Wayne E.
Rentfro P. O. Box 592 P.
O. Box 1335 Rosenberg, Texas 77471 Rosenberg, Texas 77471 John F.
Doherty William Schuessler 4327 Alconbury 5810 Darnell
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Houston, Texas 77021 Houston, Texas 77074 Carro Hinderstein James M.
Scott 609 Fannin,. Suite 521 13935 Ivy Mount Hotston, Texas 77002 Sugar Land, Texas 77478 D. Marrack 420 Mulberry Lane Bellaire, Texa: 77401
- l. -
J. Gregory Copeland
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