ML20002C070

Response to Tx Pirg 801216 Motion & Intervenor Hinderstein 801222 Motion for Extension to File H Saxion Direct Testimony.Applicant Does Not Oppose Motion.Certificate of Svc Encl

ML20002C070
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	12/31/1980
From:	Copeland J, Raskin D BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8101090055
Download: ML20002C070 (5)

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?? December 31, 1980 ,f' ' - ~ s,. - y~

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UNITED STATES OF AMERICA j . .

7; NUCLEAR REGULATORY COMMISSION ,7 y 7 1

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD'. Med;. .,~,-

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. 2p In the Matter of )

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W-HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466

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(Allens Creek Nuclear Generating )

Station, Unit No. 1) )

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APPLICANT'S RESPONSE TO TEXPIRG AND HINDERSTEIN MOTIONS FOR EXTENSIONS OF TIME In a filing dated December 16, 1980, TexPirg submitted the dir?ct testimony of its witness Clarence Lee Johnson addressing its contentions on alternative sites, natural gas and energy conservation. TexPirg included on the cover page of this testimony a " Note and Motion" to the Board explaining that its witness Howard Saxion was unable to prepare his direct testimony by the December 18 due date because he had been called out of town between December 12 and late Dec-ember 17. TexPirg therefore requested the Board to grant an extension of time to December 31, to file the direct testimony of this witness. On December 22, Intervenor Carro Hinderstein filed her own motion for an extension of

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time to file the direct testimony of Mr. Saxion on another g contention citing the same reason as TexPirg.

The Commission's regulations in 10 C.F.R. S 2.711(a) provide that the Board may grant an extension of time upon g slo 2 oqoogg

o a showing of " good cause" by the movant. In this instance, no such showing has been made. Neither intervenor states why the Board was not promptly informed on or before December 12 that Mr. Saxion would not be able to complete his testimony on time, nor why intervenors did not see to it that this testimony was completed before Mr. Saxion left for California.

Ms. Hinderstein's motion was not filed until four days after the December 18 deadline set by the Board, but no reason is given for her failure to promptly inform the Board of 1

Mr. Saxion's absence in the days shortly before his testimony was to be completed. TexPirg also waited until the very last minute to so inform the Board. -*/

Although Applicant believes that the intervenors have not demonstrated good cause for their failure to meet the Board's filing deadline, the prejudice occasioned by the resulting delay will be minimal, therefore, Applicant does not oppose this request. However, Applicant expects that this late-filed testimony will not take the form of a rebuttal of Applicant's timely filed testimony. In addition, Applicant would oppose any further requests for extensions of time to

• / It is not possible to determine precisely when TexPirg filed its testimony and the accompanying motion. Although the cover page on Mr. Johnson's testimony is dated December 16, 1980, the " Note and Motion" found on that same page states that "TexPirg learned on December 17, 1980." that Mr. Saxion was not available to prepare his testimony. This filing was not received until December 23, 1980, and no certificate of service was attached.

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file this or any other testimony and urges the Board to hold these parties to the December 31 date they have themselves identified.

Respeccfully submitted, OF COUNSEL:

Jack R. Newman LOWENSTEIN, NEWMAN, REIS & Robert H. Culp AXELRAD David B. Raskin 1025 Connecticut Ave., N.W. 1025 Connecticut Ave., N.W.

Washington, D.C. 20036 Washington, D.C. 20036 BAKER & BOTTS J. Gregory Copeland 3000 One Shell Plaza C. Thomas Biddle, Jr.

Houston, Texas 77002 Darrell Hancock 3000 One Shell Plaza Houston, Texas 77002 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY i

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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 ) Docket No. 50-466,

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(Allens Creek Nuclear Generating )

Station, Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of APPLICANT'S RESPONSE TO TEXPIRG AND HINDERSTEIN MOTIONS FOR EXTENSIONS OF TIME were served on the following by deposit in the United States mail, postage prepaid, this 31st day of December, 1980:

Sheldon J. Wolfe, Esq., Chairman Susan Plettman, Esq.

Atomic Safety and Licensing David Preister, Esq.

Board Panel Texas Attorney General's Office U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, DC 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Watkinsville, Georgia 30677 Hon. Charles J. Dusek Mayor, City of Wallis Mr. Gustave A. Linenberger P. 0; Box 312 Atomic Safety and Licensing Wallis, Texas 77485 Board Panel U.S. Nuclear Regulatory Commission Hon. Leroy H. Grebe Washington, DC 20555 County Judge, Austin County P. O. Box 99 Chase R. Stephens Bellville, Texas 77418 Docketing and Service Section Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety. and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555

i 2-James M. Scott, Jr.

Richard Black, Esq. 13935 Ivy Mount U.S. Nuclear Regulatory Sugar Land, Texas 77478 Commission Washington, DC 20555 William Schuessler 5810 Darnell John F. Doherty Houston, Texas 77074 4327 Alconbury Street Houston, Texas 77021 Stephen A. Doggett, Esq.

P. O. Box 592

, Rosenberg, Texas 77471 Att: Clarence Johnson Bryan L. Baker Executive Director 1923 Hawthorne Box 237 U.S. Houston, Texas 77098 University of Houston Houston, Texas 7704 J. Morgan Bishop Margaret Bishop Carro Hinderstein 11418 Oak Spring 609 Fannin Street Houston, Texas 77043 Suite 521 Houston, Texas 77002 W. Matthew Perrenod 4070 Merrick D. Marrack Houston, Texas 77024 420 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell '

Houston, Texas 77074 F. H. Potthoff, III 1814 Pine Village Houston, Texas 77080 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 k *

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