ML19351D060
| ML19351D060 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek, 05000467 File:Houston Lighting and Power Company icon.png |
| Issue date: | 09/26/1980 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Wyatt J HOUSE OF REP. |
| References | |
| NUDOCS 8010080662 | |
| Download: ML19351D060 (2) | |
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%g %q(o UNITED STATES o
E.,w([gg NUCLEAR REGULATORY COMMISSION j
WASHINGTON, D. C. 20555 3
%.uAf S 2 26 E50 Docket Nos. 50-466 50-467 The Honorable Joe Wyatt, Jr.
United States House of Representatives Washington, D.C.
20515
Dear Congressman Wyatt:
Thank you for your letter dated September 10, 1980 to Chairman Ahearne.
Since any decision on the results of the hearing before the Atomic Safety and Licensing Board on Houston Lighting and Power Company's application for a permit to construct the Allens Creek Nuclear Generating Station is subject to review and final decision by the Nuclear Regulatory Commission, it would be inappropriate for the Commission Chairman, John Ahearne, to comment on the matters raised by your letter.
Therefore, I will attempt to respond to those concerns which basically pertain to the schedule for hearings in the Allens Creek proceeding.
To give you a general background of that proceeding, I would only note that it has been and is one of the most complex licensing proceedings undertaken by the Commission in tems of the number of intervenors and issues in con-troversy. As a result of this intervention, pre-hearing discovery has been lengthy and detailed requiring tremendous resources and time from all parties and the Licensing Board.
At the conclusion of the discovery period, the Licensing Board detemined that a prehearing conference would be in order to i
discuss the status of the proceeding, the schedule for summary disposition and, ultimately, the hearing schedule.
i The prehearing conference was held in Houston on August 13, 1980 wherein the above matters were discussed. With respect to a hearing schedule, the Licensing Board determined that due to an apparent conflict in hearing schedules by one or more of the members assigned to the Allens Creek Licensing Board, the hearing could not commence until mid-January 1981.
At the present time, however, the apparent conflict in hearing schedules has been obviated due to a settlement in other proceedings.
(See enclosed letter from Robert M. Lazo, Acting Chairman, Atomic Safety and Licensing Board Panel, to Jack R. Newman, Esq., dated September 15,1980.)
Accordingly, the Allens Creek Licensing Board issued an Order dated September 17, 1980 (copy enclosed) which sets forth a proposed revised hearing schedule and requests comments from the various parties.
If implemented, the revised schedule will result in hearings commencing on December 1,1980.
- Thus, these actions reflect the Commission's policy to schedule hearings as expeditiously as possible consistent with the fundamental fairness and due process rights of all parties.
SD/W h khh
O The Honorable Joe Wyatt, Jr. We appreciate your interest in this matter and believe that we have been i
responsive to your concerns.
l Sincerely, (Signe'l) 3* E0ViH U*##*1i William J. Dircks Executive Director for Operations 4
Enclosures:
As stated i
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septecber 15,1980 Cc U i h 31 Jack R. Newnan, Esquire Izuenstein, Reis, Ne.ran, Axelrad and Toll 1025 Connecticut Avenue, N. W.
-Washington, D. C.
20037 In the Matter of HOUSION LIGEHC AND P0.ER CCtfANY Allens Creek Nuclear Generating Station, Unit 1 Docket No. 50-466 CP
Dear Mr. Ne ran:
In response to your letter of August 22, 1980, please be advised that, during a prehearing conference on September 15, 1980 in two consolidated anti-trust cases */, there was a discussion evidencing that there is a real and irrinent possibility of settlement. Thus there will be no conflicting responsibilities and no need to reconstitute either the All. ens Creek board of which Mr. Wolfe is the Chainran or the anti-trust board of which Mr. Wolfe is 9
a member.
Under these circumstances, the Allens Creek board ray or ray not set forward the ccmencement date of the hearings, and, of ccurse, that is a matter that lies solely within the discretion of the board.
Very truly yours, G1 A
- Robert M. Iazo, Acting /Cha'..an Atomic Safety and Licens*
Board Panel cc: Allent Creek Service List
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Houston Lichting & Pruer _Co., et. al., (South Texas Project, Units 1 and 2),
Docket No's. 50-498A and 499A; Texas Utilides Generatinz Ccroanv, et. al.,
(Ctranche Peak Steam Electric Station, Units 1 and 2), Docket No's. 50-445A and 50-446A.
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UNITED SDUES OF AHlCA NUCIIAR PJAUiIDRY COWlSSIQi
.....:3 TrE AIDEC SAFEIY AND LICENSING BQGD Dr. g g? S lfel thqd re, Chairman She E. Imonard Cheattn, Me:ber Gustave A. Linenbqrger, Jr., Meder UE.. :-.ELu In the Matter of
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IWSIUi LIGHTING AND P%ER OWPANY
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Docket No. 50-466 CP
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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ORDER (Septe:ber 17, 1980)
During the prehearing conference held on August 13, 1980, the Board advised that it anticipated the hearing upon envirv.uental matters would cocrmace in the second week of January,1981 (Tr.1747-48,1773) and stated j
that the hearing could not be held earlier because, for one thing, the Board would not be available from Novecber 1,1980 to about January 15, 1981 (Tr.
1790). However, as is indicated in Acting Chairman Lazo's letter to Appli-cant's counsel dated Septeier 15, 1980, the possibility of a conflict in scheduling has been obviated, and the Board is now available to hear envirviur.ntal matters in the instant case pursuant to the following schedule:
Deceser 1 through Deceser 5, 1980 Decenber 8 through December 12 Deceser 15 through Deceier 19 January 5,1981 (and continuing on all week days there-after) to completion of testir: cay on environ-mental matters.
By no later than September 26, 1980 the parties are requested to advise whether the above-set-forth schedule is desirable and/or feasible, and, if not, why not.
In addition, Applicant shall advise what its dAmted past Du f) e oh Goo 92 2 0 ?q1
- g and current projected on-line dates were and/or are for ACNGS, Unit 1.
Cooments upon the desirabilit'y and/or feasibility of cmmencing the hearing in the second week of Ja rm7,1981 are neither requested nor will they be considered by the Board. The ud.d-January 1981 cmaencenent date will rm%
constant and unchanged unless and until the Board, after receiving couments from the parties as herein requested, determines to adopt the above-set-forth schedule.
IVR TIE KKMIC SAlTIY AND LICENSING BOARD b
h Sheldon J.%1fe, Esquire Chairman Dated at Bethesda, Maryland this 17th day of Septanber,1980.
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September 10, 1980 E_
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g Mr. John F. Ahearne, Chairman Nuclear Regulatory Commission
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1717 H Street, N.W.
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Dear Chairman Ahearne:
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Your assistance is respectfully requested in securing a hearing for a Construction Permit for the Allens Creek Nuclear Generating Station, e c=
Unit 1 (NRC Docket No. 50-466).
Eidii Ess It is my understanding that Houston Lighting and Power (HL&P) has
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sought for the last three years to secure a trial date for a
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Construction Permit from the Licensing Board.
Notwithstaneing this Ei+#
inorcinate delay, HL&P has now been advised by the Board that it 5=.
would not be available until mid-January of 1981 and further did PE"
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not indicate when such a hearing date might bc set.
iis The failure on the part of the Licensing Board to grant such a i.g3 hearing will no doubt result in increased costs to the customers
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Each year of delay will increase the capital cost of the E-555 project by as much as $200 million.
Increased fuel costs will also lim
[ig continue to rise during the time of this unnecessary delay. The projected completion date of 1985 for the Allens Creek Project has ks=
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now been delayed to 1988.
In addition to the financial costs to the project sponsor and its customers, the Houston area needs the energy to be generated by l=E=
the Allens Creek Nuclear Project.
By the time of the new comph+ ion date, the project will provide 1,150 megawatts of
.g HL&P's, 13,755 megawatts at peak demand.
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It appears from the information available that Houston Light and
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Power and its customers are entitled to a hearing on the merits
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Since this hearing request 55 55 is already over three ynrs old, further delay would not serve g
any useful purpose.
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It would be greatly appreciated if you could encourage the M.~ l Licensing Board to hold hearings on the Construction Permit for the TE?
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Chairman John F. Ahearne EEG September 10, 1980 E52 Page Two
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3h?5 Allens Creek Project this fall.
The project is of vital importance
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to the energy needs of the area and therefore, the merits of the
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project should be allowed to come before the. scrutiny of the Board
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at the earliest possible date.
Thank you again for your attention to this matter and I look forward 7;
to a favorable response in the near future.
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Sincerely,
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Joe W att,
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