ML20003D229

Preliminary Answer to Citizens for Equitable Utils,Inc Motion for ASLB Order Prohibiting Distribution of Tape.If Already Received,Aslb Should Not Hear Tape Until After Oral Arguments Held.Notice of Appearance Encl

ML20003D229
Person / Time
Site:	South Texas
Issue date:	03/09/1981
From:	Newman J AUSTIN, TX, CENTRAL POWER & LIGHT CO., HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, SAN ANTONIO, TX
To:
Shared Package
ML20003D228	List: ML20003D227 ML20003D229
References
ISSUANCES-OL, NUDOCS 8103190649
Download: ML20003D229 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY ,'MMISSION g /

'l-MAR f f ;gg , "q BEFORE THE ATOMIC SAFETY AND LICENSING BOARD [, 7 e

=anc.4 h In the Matter of ) N i\ #

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HOUSTON LIGHTING & POWER ) Docket Nos. 50-498 OL COMPANY, ET AL. ) 50-499 OL

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(South Texas Project, )

, Units 1 and 2) ) March 9, 1981 APPLICANTS' PRELIMINARY ANSWER TO CITIIENS FOR EQUITABLE UTILITIES, INC. MOTION FOR ATOMIC SAFETY AND LICENSING BOARD ORDER PROHIBITING DISTRIBUTION OF CASETTE TAPE Applicants rave received a copy of a letter to the Board from Mrs. Peggy Stekorn, Executive Director of Citizens for Equitable Utilities, Inc. (CEU).~1/

Attached to the letter but not referred to therein is an " Attachment 2 - Citizens for Equitable Utilities, Inc.

Motion for Atomic Safety and Licensing Board Order Prohib-iting Distribution of Casette Tape" (the Motion). The Motion states that CEU "shall send" under separate cover a recording " enumerating new information and setting out-additional concerns that the intervenors'wish to be con-sidered by this board." The Motion requests that a protec-tive order be issued so that only this Board and Mr. Victor Stello have access to it. In lieu of providing a copy of

-1/ The letter was dated "2-27-81", but contained in an envelope postmarked March 4,-1981. In such letter and Attachment 1 thereto CEU requests a change in the

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schedule of the proceeding which Applicants are responding to in a separate letter and will be pre-pared to discuss more fully at the prehearing con-ference on March 17.

8103too(ot'9

the tape to Applicants, CEU indicates that a transcript will be available at the prehearing conference.

At this point it is not precisely clear what use CEU is proposing to make of the information allegedly contained in-the tape nor what actions CEU wishes the Board,~tne NRC Staff or the Applicants to take. Applicants will be pre-pared to address all such matters at the prehearing confer-ence on March 17 after further clarification from CEU.

The_ purpose of this Preliminary Answer, however, is a narrow one. Applicants do not know whether the subject tape has in fact been sent to the Board. If the Board has received the tape, Applicants respectfully request that the Board not hear the tape until after oral argume.nts with respect thereto have been made at the March 17 pre-hearing. Obviously, the transmittal of such tape to the Board without copies to all parties constitutes an ex parte 2/

communication prohibited by the Commission's regulations-which should not be countenanced by the Board. Moreover, a casette recording, as opposed to a written communication, is

-2/ Section 2.719(b) of the Commission's regulations prohi-

. bits a presiding officer "[i]n any adjudication" from consulting with "any person other than a member of his staff ~or a special assistant . . . on any fact in is-sue unless . . . notice and opportunity for all parties to participate" is provided. Similarly, pursuant to Section-2.780,. parties may not submit "off the record

. . . any evidence, explanation,' analysis, or advice, whether written or oral, regarding any substantive matter at issue in a proceeding on the record then pending . . . 10 C.F.R. S 2.7 80 (a) . Any Board member approached with an oral communication of the sort men-tiened in paragraph (a) should " decline to listen."

10 C.F.R. S 2.780 (c) .

a particularly inappropriate mechanism for communicating in an adjudicatory proceeding with either the Board or the other parties. -

This is not to say, of course, that any truly "new information" should not be made available to the NRC Staff and the Acplicants for appropriate review and disposition.

But even a pro se intervenor must be requiredEto comply with the Commission's regulations in its contacts with the Board.

Respectfully submitted, f,/

I': JW Newman

/ackR.

1025 Connecticut Avenue, NW

(/ Washington,DC 20036 Attorneys for HOUSTON LIGHTING

& POWER COMPANY, Project Manager of the South Texas Project acting herein.on behalf of it-self and the other. Applicants, THE CITY 0.' SAN ANTONIO, TEXAS, acting by and through the City Public Service Board of the City of San Antonio, CENTRAL POWER AND LIGHT and

.THE CITY OF AUSTIN, TEXAS OF COtT.SEL:

I P'. r.:NSTEIN,_NEWMAN, REIS,

& AXELRAD 1025 Connecticut Avenue, NW Washington, DC- 20036 BAKER'&,BOTTS 3000-One Shell. Plaza Houston, Texas- 77002 r

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UNITED STATES OF AM"RICA // g,s0 \

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NUCLEAR REGULATORY CO!CIISSION ,p,7,.

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g\ / . C ? M M ? * ---

i ': . . " : . ... ;.: .

., ,.q In the Matter of )

HOUSTON LIGHTING AND POWER )

COMPANY, et al. ) Docket Nos. STN 50-4980L

) STN 50-4990L (SOUTH TEXAS PROJECT, )

UNITS 1 & 2) )

NOTICE OF APPEARANCES Notice is hereby given that the undersigned attorneys herewith enter an appearance in the captioned matter. In accordance with S 2.713 (a) , 10 CFR Part 2, the following information is provided:

Names -

Maurice Axelrad Alvin H. Gutterman Address - Lowenstein, Newman, Reis, &

Axelrad 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036 '

Telephone Number -

(202) 862-8400 c Admissions:

Mr. Axelrad -

Court of Appeals for the.

State of New York U. S. Court of Appeals for the' District of Columbia Mr. Gutterman -

Supreme Court of Tennessee U. S. Court of Appeals for the District of Columbia Name of Party -

Houston Lighting & Power Company P. O. Box 170')

Houston, Texas 77001 Maurice Axelrad

, 'v Alvin H. Gutterman-Date: March 9,' 981- Counsel for Applicant I

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