ML20011A818

Response to Util 811020 Motion for Leave to Reply to Citizens for Equitable Utils & Citizens Concerned About Nuclear Power Written Responses.No Objection If Response to Reply Allowed If New Issues Raised.W/Certificate of Svc

ML20011A818
Person / Time
Site:	South Texas
Issue date:	10/28/1981
From:	Bernabei L, Jordan W CITIZENS FOR EQUITABLE UTILITIES, HARMON & WEISS
To:	NRC COMMISSION (OCM)
References
NUDOCS 8111030250
Download: ML20011A818 (5)

Text

.

/f UNITED STATFaS OF AMERICA ,

00LKETED BEFORE TIIE NUCLEAR REGULATORY COMMISSION usNRC 81 00130 P2:49

_)

In the Matter of ) OF SECRETARY

) 0FF C WO IIOUSTON LIGIITING AND POhER CO. ) Docket Nos. 50b8ETIN 8 (South Texas Projects, Units 1 ) 50-59 A'l/,

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)

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s "novoa 'm.%,, w CEU's RESPONSE TO IIL&P's MOTION \k FOR LEAVE TO REPLY TO WRITTEN RESPONSES OF CEU A&9,CCANP d 7

On September 10, 1981, immediately af ter press revelati ns7T S cff' of extensive quality control failure by Itouston Lighting & Power Co. and Brown and Root relating to vendor surveillance for struc-tural steel, CEU filed a motion requesting leave to file additional contentions to be considered in this hearing.

On September 18, 1981, the Board posed 11 questions to the parties regarding CEU's request to raise these new contentions and establish a discovery and hearing schedule.

On September 21, 1981, intervenor CCANP joined in sponsoring these contentions and argued that they were highly relevant to llL&P's corporate character and competence to operate a nuclear plant. The NRC Staff and IIL&P, in opposition to the motion, argued that CEU's contentions were not timely filed, were

! impermissibly vague, and were outside the scope of thir. hear.ing.

On September 29, 1981, CEU responded to questions the Board had posed.

On October 6, 1981, CEU answered IIL&P and NRC criticisms.

CEU offered not only to narrow some of its pioposed contentions s

to specific American Bridge failures, but also to withdraw 8111C30250 811028 gDRADOCK 05000498 -

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Contention 5 dealing with 550.55(c) reporting duties. Since HL&P has already terminated Brown and Root's involvement in several significant areas of the South Texas Project, the scope e"d direction of these proceedings will clearly be drastically affected. Therefore, addition of CEU's contentions, which relate in part to weld safety, already at issue, will not unduly delay or broaden this hearing .

On October 23, 1981, CCANP responded to HL&P and Staff oppositions.

On October 20, 1981, HL&P asked leave of the Board to file yet another response to CEU and CCANP responses. HL&P claims that the CEU response raised new arguments not addressed by l intervenors or by it in prior pleadings. In support of its l

motion, HL&P laid out in detail its major point that admittedly serious vendor surveillance problems concerning American Bridge structural steel have been, and should continue to be, r( lolved by HL&P and the NRC though the 550.55(c) process."

CEU believes, however, that this structural stecI problem is ir.dicative of systemic problem.' with Brown & Root 's quality control program, and may demonstrate serious management inade-quacies of HL&P. Moreover, HL&P's handling of these structural stoel problems as typical problems to be resolved through the 550.55(e) process is itself good evidence of the failure of Brown and Root and HL&P to treat them with suf ficient care and caution. While not asking this Board to consider. the merits of the proposed contentions ir. determining whether they should be 2 .

. ,o a e admitted , CEU agrees with IIL&P that the different views on handling serious structural steel problems should be well elucidated by the parties.

Therefore, CEU does not oppose any further filing by HL&P on the condition that it (CEU) be granted icave to file a response to this pleading if it has not adequately addressed the arguments in prior pleadings. If HL&P 's filing follows the outline suggested in its October 20, 1981 motion , CEU anticipates that it will need 10 days to answer any new arguments.

Respectfully submitted,

. L/J -Qf'.f.

Willia @ . Jordan, III HARMON & WEISS 1725 I Street, N .W .

Suite 506 Washington , D.C. 20006 e

/Y $ A truw  %

Lynn'e ernabei HAR'ON WEISS

• 172 I Street, N .W .

Suite 506 Washing ton , D.C. 20006 Dated: October 28, 1981 1 See, e .g . , Houston Lighting and Power Company (Allens Creek

^

Nuclear Generating Station , Unit 1), ALAB-590, 11 NRC 541 (1980).

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m UNITED. STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USHRC 00 BEFORE THE ATOMIC SAFETY AND_ LICENSING BOARD U 1n UM 30 P2 SD In the Matter of ) I OkI

) FFICE OF SE6RETAR 3 HOUSTON LIGHTING AND POWER ) Doc b C -

COMPANY, et al . , ) 50-4998 OL OL OFbfETh 00

) BRhi (South Texas Project, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copics of Citizens for Equitable Utilities, Petition to Suspend Construction of the South Texaa Project, Motion to Suspend Construction , and Response to Houston Lighting and Power 's Motion for Leave To Reply to Writ ten Response's of CEU and CCANP , dated October 28, 1981, have been served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid on this 29th day of October, 1981.

• Charles Bechhoefer, Esq. Brian Berwick , Esq.

Chief Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texas Board Panel Environmental Protection U .S . Nuclear Regulatory Commission Division Washing ton , D .C . 20555 P .O . Box 12548, Capitol Station

• Dr. James C . Lamb, III Austin, Texas 78711 Administrative Judge 313 Woodhaven Road

• Jack R. Newman, Esq.

Chapel Hill , N.C. 27514 Lowenstein, Axelrad, et al.,

1025 Connecticut Avenue, N .W .,

Ernest E. Hill Washington, D .C . 20036 Administrative Judge Lawrence Livermore Laboratory Kim Eastman , Co-coordinator University of California Barbara A. Miller -

P.O. Box 808, L-12 3 Pat Coy Livermore, California 94550 Citizens Concerned About Nuclear Power 5106 Casa Oro San Antonio, Texas 78233

• Hand Delivered .

Mrs. Peggy Buckhorn

• Lanny Sinkin Executive Director 2207-D Nueces Citizens for Equitable Austin, Texas 78705 Util ities , Inc.

Route 1, Box 1684 Brazoria, Texas 77422

• Jay M. Gutierrez Esq.-

Atomic-Safety and. Licensing Office of t y Executive Appeal Board Legal Pirector U.S. Nuclear Regulatory U.S. Nr. clear Regulatory Commission Commissic.n Washington , D .C . 20555 Washington , D .C. 20555 Atomic Safety and Licensing Docketing and Service Section Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washing ton , D .C . 20555 Commission Washington , D .C . 20555

/

, . . L William.ST' Jordan, III HANNON & WEISS 1725 I Street, N .W .

Suite 506 Washington, D.C. 20006 6