ML19351D586
| ML19351D586 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 10/07/1980 |
| From: | Ahearn C, Knotts J DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | |
| References | |
| ISSUANCES-A, NUDOCS 8010140002 | |
| Download: ML19351D586 (5) | |
Text
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~ Nl' %gA UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION s
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In the Matter of:
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HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos. 50-498A et al.
)
50-499A
)
(South Texas Project, Units
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, et al.
)
50-446A I
)
(Comanche Peak Steam Electric
)
p Station, Units 1 and 2)
)
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RESPONSE OF TEXAS UTILITIES GENERATING COMPANY TO BROWNSVILLE'S MOTION FOR j
REVISION OF PROCEDURAL SCHEDULE l
On October 3, 1980, the Public Utilities Board of the city of Brownsville, Texas ("Brownsville") filed a i
motion in these consolidated hearings "so as to extend t
i the time for trial briefs, etc. front October 8, 1980 i
until ten (10) days after the Board rules on the pro-posed settlement and related mattters, and to extend all other matters a cosamensurate time,
." (Motion at p. 1).
I This action was hand-delivered to the attorneys for Texas Utilities Generating company ("TUGCO") on October 6, 1980.
For the reasons which follow, TUGCO respectfully substits that this motion must be denied.
l Brownsville's filing is extraordinarily late.
It has known since September 12, 1980 that settleme.
agreements pS D T 6 */
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It has known since the September 8, 1980
" Order Revising Procedural Schedule" that trial briefs would be due from those parties proposing relief on October 8, 1980.
It has known since April of this year that settle-ment had been reached by some of the private parties and that these parties were engaged in active =ettlement dis-cussions with the governmental parties.
(see the status reports of all ' parties filed over the last several months).
i Brownsville can,hardly be heard to say it lacked notice that anyone still proposing relief would have until October 8, 1980 at the latest to prepare their own case after it had become apparent that they would not be able to rely on the covernmental parties to present a case against the Applicants.
The Board made clear at the last prehearing conference that i
the procedural dates remained in effect. (Tr. sat p. 1022-23).
In any event, it was encumbent upcn any party who felt that a schedule change would be necessa n to protect its rights to move expeditiously for such a. change. Brownsville said nothing about this at the last prehearing conference.
Brownsville's certificate of service indicates it filed its i
motion by mail on Friday, October 3, 19EL.
"UGCC finally received a copy of this metion (marked "urgen.') on the 1
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4 morning of Monday, October 6, 1980 by hand-delivery, two l
days before Brownsville's trial brief was due.
It is surprising, to say the least, that such an " urgent" matter l
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was not previously brought to the Board's attention.
It is.now extraordinarily-late and should be denied out of hand for that reason alone.
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The very lateness of this action casts doubt upon the seriousness with which Brownsville views its obli-gations to this Board and the other parties.
If Brownsville l
i had heeded the" frequent admonitions of the Board to all 1
l parties to prepare their case for trial, they would not now be seeking an eleventh hour reprieve. Before deciding
)
anything regarding the further course of this proceeding, the Board should first examine Brownsville's trial brief, i
l due October 8, 1980, to determine whether Brownsville has j:
fulfilled its obligations as a party.
t, In many respects, Brownsville's motion is similar to a very late interventice petition.
It is clear that Brownsville has belatedly realized that other parties are i
not going to do its work for it and that it will need time to adjust its prior tactics to the new realitT.
- However, this is no different from the ary.unent urged on the NRC, and rejected, that the failure of a party to a proceeding t9 represent the interests of a non-intervenor (in the manner s
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4-the non-intervenor had thought it would) gave the non-intervenor good cause for a late intervention petition.
See, Toledo Edison Contpany (Davis-Besse Nuclear Power Station), LBP-74-13, 7 AEC 282, 284 (1974), Aff'd 1
sub non.
Duquesne Light Company (Beaver Valley Power Station, Unit 2), ALAB-208, 7 AEC 959 (1974), Aff'd.
i CLI-74-24, 7 AEC 953 (1974) where precisely this line of reasoning was rejected.
The rationale of this case.
should apply with even greater force to the situation where a imrty 'to a proceeding has ' neglected its obligations 4
to prepare its case but has instead attempted to " coattail" on the presentation of another party to that proceeding.1!
3 Brownsville should not be allowed to further delay this a
proceeding because its expectation that other parties would l
)
carry its case for it has not been met.
WHEREFORE, TUGCO respectfully suW ts that Brownsville's j
l motion for the revision of the procedural schedule should 1'
I l
1/
Brownsville has made it clear as recently as its September 25, 1980 motion that it still intends and desires to rely on the Department of Justice and the NRC Staff to make its case for it.
See the September 25, 1980 motion at p. 25.
TUGCO respectfully submits that neither of these parties has any such obligation.
See TUGCO's " Response
. to Brownsville's September 23, 1980 Motion" filed October 6, 1980.
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5-be denied as extraordinarily late and luck.ng in merit.
Respectfully submitted,
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Josep)T B. Knotts,'\\
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J lC. Dennis Ahearn DESEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C. 20036 Attorneys for Texas Utilities Generating Company October 7,'1980 i
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. UNITED STATES OF AMERICA be[bg.
NUCLEAR REGULATORY COMMISSION A
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"'U 'hD U '-
In the Matter of:
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HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos.
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- _al.
)
50-499A
~
et
)
(Souti: Texas Project, Units
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A I
COMPAN'I,,et al.
)
50-446A
)
(Comanche Peak Steam Electric
)
' Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE, I hereby certify that copies of " Response of Texas Utilities Generating Company to Brownsville's Motion for Revision of Procedural Schadule" in the above captioned matters, were served upor the following persons by deposit in the United States me.11, first class postage prepaid or by hand delivery.as indicated by an asterisk this 7th day of October, 1980.
- Marshall E. Miller, Esq.
Mr. Jerome D. Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.C.
20555 Nuclear Reactor Regulation U.S. Nuclear Regulatory
- Michael L. Glaser, Esq.
Commission ll50'17th Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 J. Irion Worsham, Esq.
- Sheldon J. Wolfe, Esq.
Merlyn D. Sampels, Esq.
U.S. Nuclear Regulatory Spencer C. Relyea, Esq.
Commission Worsham, Forsythe & Sampels Washington, D.C.
20555 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon.C. Wood, Esq.
U.S. Nuclear Regulatory W. Roger Wilson, Esq.
Commission Matthews, Nowlin, Macfarlane &,
Washington, D.C.
20555 Barrett 1500 Alamo National Building Chase R. Stephens San Antonio, Texas 78205 Docketing and Service Branch U.S. Nuclear Regulatory Dick Terrell Brown, Ecq.
Commission 800 Milam Building l
Washington, D.C.
20555 San Antonio, Texas 78205
/1
. Charles G. Thrash, Jr., Esq.
- Robert Fabrikant, Esq.
E.W. Barnett, Esq.
Rangeley Wallace, Esq.
Theodore F. Weiss, Esq.
David A. Dopsovic, Esq.
J. Gregory Copeland, Esq.
Frederick H. Parmenter, Esq.
Baker & Botts Nancy Luque, Esq.
j
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3000 One Shell Plaza Ken ~neth M. Glazier, Esq.
I Houston, Texas 77002 Mildred L. Calhoun, Esq.
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Nancy H. McMillen, Esq.
Steven R. Hunsicker, Esq.
U.S. Department of Justice
'~
R.Gordon Gooch, Esq.
Antitrust Division John P. Mathis, Esq.
P.O. Box 14141 i
Baker & Botts
. Washington, D.C.
20044 1701 Pennsylvania Avenue, N.W.
. i.r
~
'... ".. J..'.. ;
Washington, D.C.
20006 Jerry L. Harris, Esq.
Richard C. Balough, Esq.
- Fredric D. Chanania, Esq.
City of Austin Michael B..Blume,.Esq.
P.O.. Box 1088 Stephen H. Lewis, Esq.
Ann P. Hodgdon, Esq.
U.S. Nuclear Regulatory Robert Lowenstein, Esq.
~
j Commission
- J.A. Bouknight, Jr., Esq.
Washington, D.C.* 20555 William J.' Franklin, Esq.
Douglas G. Green, Esq.
l Mr.'Roff Hardy Lowenstein, Newman, Reis, Chairman-and Chief Executive Axelrad ahd Toll Officer 1025 Connecticut Avenue, N.W.
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Central Power"and Light Company Washington, D.C.
20036 P.O. Box 2121' Corpus Christi, Texas 78403 John W. Davidson, Esq.
4 Sawtelle, Goode, Davidson &
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Mr. Perry G. Brittain Tioilo d
President.
1100 San Antonio Savings Bldg.
j
-Texas Utilities Generating San Antonio, Texas 78205 Co,any 2001 Bryan Tower Douglas F. John, Esq.
Dallas, Texas 75201 McDermott, Will and Emery 1101 Connecticut Ave., N.W.
Mr. R. L. Hancock, Director Suite 1201-City of Austin Electric Utility-Washington, D.C.
20036 i
P.O. Box 1086' i
Auscin, Texas 78767 Bill D. St. Clair, Esq.
Morgan. Hunter, Esq.
Mr. G.W. Oprea, Jr.
McGinnis, Lockridge & Kilgore Executive Vice President Fifth F1. Texas State Bank Bldg.
Houston Lighting & Power 900 Congress Avenue l
Company Austin, Texas 78701 P.O. Box 1700 Houston, Texas 77001
- David M. Stahl, Esq.
Isham, Lincoln & Beale j
Don R. Butler, Esq'.
1120 Connecticut Avenue, N.W.
211 East Seventh Street Suite 325 l
Austin, Texas 78701 Washington, D.C.
20036 i
- c.. -
-3 i
i Mr. G. Holman King Sara Welling,'Esq.
Michael I.' Miller, Esq.
West Texas Utilities Co.
P.O. Box 841 James A. Carney, Esq.
Isham, Lincoln & Beale Abilene, Texas 79604
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One First National Plaza Suite 4200 Kevin B. Pratt, Esq.-
Chicago, Illinois 60603 Attorney General,'s Office State of Texas P.O. Box 12548 1
Mr. Don H. Davidson Austin, Texas 78711 City Managar City of Austin Frederick H. Ritts, Esq.
P.O. Box 1088
- William H. Burchette, Esq.
Austin, Texas 78767 Northcutt Ely Watergate 600 Building l
Mr. W.S. Robson General Manager Washington, D.C.
20037 South Texas Electric J. K Spruce, General Manager Cooperative, Inc.
City Public Service Board Post Office Box 151 Nurseryi Texas' 77976 An n
Texas 78296 j
Robert A. O'Neil, Esq.
i l
- George Spiegel, Esq.
Miller, Balls & O'Neil, P.C.
Robert C. McDiarm16, Esq.
776 Executive Building Robert Jablon, Esq.
1030 Fifteenth Street, N.W.
i Marc Poirier, Esq.
Washington, D.C.
20005 l
Spiegel & McDiarmid 2600 Virginia Ave., N.W. Ste. 312 Washington, D.C.
20037
/s h fjf l
W.N. Woolsey, Esq.
I Dyer and Redford L.. UJ/> Vet [p #9 1030 Petroleum Tower C. Dennis Ahearn l
Corpus Christi, Texas 78474 i
Mr. Donald M. Clements Gulf States Utilities Company Post Office Box 2951 Beaumont, Texas 77704
)
Marc J. Wetterhahn, Esq.
Robert M. Rader, Esq.
1 Conner & Moore 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 Mr. William C. Price 4
Central Power G Light Co.
P.O. Box 2121 Corpus Christi, Texas 78403 l
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