ML20032B366
| ML20032B366 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 10/30/1981 |
| From: | Newman J LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Bechhoefer C, Eva Hill, John Lamb Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111050474 | |
| Download: ML20032B366 (6) | |
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Law orricEs DOCKETED LOWENSTEIN, NEwMAN, REIs & AXELRAD U8bSC soa5 CONN ECTICUT AVENUE, N. W.
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-2 PS:13 mOstaf LOwtNSTEIN WAS HINGTON, D. C. 20036 JACm m. NewuaN es a Cr r mao 202 862-8400 CFFICE Of SECRETAR '
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8RAkhh DruGLAS G. GREEN DAvio G. POWELL g.gEEGONYBARNES ANNE w. COTTINGN AM EO!ERT M.CULP PETE R G. FLYNN STEVEN P. FR ANTI FxtatesC S. GR AY ALv4N M. GUTT ERMAN
%"N*Ll."'SL1-*N October 30, 1981 Charles Bechhoefer, Esquire Chief Administrative Judge Atomic Safety and Licensing Board Panel e j .
U.S. Nuclear Regulatory Commission Washington, D. C.
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{p Dr. James C. Lamb, III E
NOVO 41981 V
Administrative Judge Y
313 Woodhaven Road
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Chapel Hill, North Carolina 27514
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.d Ernest E. Hill N
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Administrative Judge Lawrence Livermore Laboratory Post Office Box 808, L-123 Livermore, California 94550 Re:
Houston Lighting & Power Co. et al.
South Texas Project, Units 1 & 2, Docket Nos. STN 50-498, STN 50-499 Gentlemen:
In a telephone call to each of the parties yesterday, Chairman Bechhoefer stated that the Board was meeting in Bethesda today to consider issuing an Order to schedule a hearing for December 8-10.
Such hearing would be convened to hear testimony responding to questions the Board would identify in the Order concerning Attachment A to the letter gSO3 of October 16, 1981, from Houston Lighting & Power to the g
Director of NRC Region IV.
Applicants respectfully urge the Board not to schedule Off!O50474 h[ h g
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', Low:w:Tztw, NewxAN, Rzt2 & AxztEAD e
Charles Bechhoefer, Esquire Dr. James D. Lamb, III Ernest E. Hill Octo'sar 30, 1981 Page Two such a hearing at this time.
As we will elaborate in our response to CEU's Motion to halt construction (which we are filing today), if the Board's concern stems frsa a con-tinuation of work at the STP site pending an analysis of the findings in the Quadrex Report, the convening of a hearing on that matter would be wholly inappropriate. Since, as pointed out in our response, the Board does not have the jurisdiction to halt construction, particularly when the same matter is presently pending before the Commission in CEU's " Petition to Suspend Construction," no hearing on Quadrex-related matters should be held by the Board.*/
Moreover, even apart from jurisdictional deficiencies, a hearing on Quadrex-related matters by December 8-10 prior to the completion of the ongoing reviews could not possibly be productive.
It may be that the Board's concern with respect to this matter is based on a misunderstanding of the Applicants' plans for continuing limited construction activities until Bechtel can assume responsibility as architect / engineer and construction manager.
Lest there be any misunderstanding the activities of Bechtel during the " transition" phase do not include the construction work described in Appendix A to the letter of October 16 from HL&P to Region IV.
Bechtel's activities now consist of " benchmarking" the status of design, engineering and construction; the conduct of ongoing work at the site remains solely with Brown & Root.
I Finally, preparation for a hearing on December 8-10 j
would be seriously counterproductive in the following respects:
t (1) the ability of the Applicant to respond to the Commission's request for information on transition matters by December 11 (copy attached) would be serioucly impeded;
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We would also emphasize that Region IV currently has under consideration the matter of the extent Lv wl.'ch construction should continue at the site.
In an l
orderly regulatory framework, prior review by the NRC regulatory staff is the appropriate mechanism for determining technical matters.
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LOWAN2TEIN, NewMAN, Raza & Axar.cAn a
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Charles Bechhoefer, Esquire Dr. James D. Lamb, III Ernest E. Hill October 30, 1981 Page Three (2) the efforts of the parties to meet and make joint recommendations to the Board by November 23 (in accordance with the Board's Order of October 8) regarding matters to be heard at the resumption of the hearings on January 18 would be seriously impaired; and (3) to the extent that the purpose of the hearing relates to transition matters, the NRC Staff will be in no position to furnish useful testimony on transition matters since the essential information in that regard will not be submitted to the Commission until December 11.
Accordingly, we urge the Board not to schedule an additional hearing but to allow the parties to proceed in the manner described in our conference call of October 7,the results of which are reflected in the Board's Order of October 8, 1981.
If notwithstanding the foregoing, the Board continues to entertain the idea of holding a hearing on December 8-10, we urge that before issuing any such order the Board initiate a conference call to hear the view of the parties as to whether a hearing would be appropriate or counter productive and even more importantly, rhether the subject matter of such a hearing is properly before the Board at this time.
Alternatively, we suggest that the Board by order request the expedited written views of the parties on this question.
The Board could require such filings by November 6 leaving enough time to schedule a hearing if it were not convinced otherwise by the responses of the parties.
The possibility that the Board's concerns stem from a misunderstanding as to what is transpiring appears to highlight the desirability of an early prehearing conference after the pleadings to be submitted by the parties on November 23.
We would again suggest that the Board schedule such a conference, and not a premature hearing.
We can see l
Il LcwgwrTz1x, NzwxAw, Rzsc & Axzt=AD Charles Bechhoefer, Esquire Dr. James D. Lamb, III Ernest E. Hill October 30, 1981 Page Focr no benefit to the public interest from a hearing held with-out appropriate opportunity for all parties to consider in advance the basic matters to be heard.
Respectfully, a 2. 7/n New' bn
'ack R.
m Of Counsel:
Lowenstein, Newman, Reis
& Axelrad 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 Baker & Botts 3000 One Shell Plaza Houston, Texas 77002 Attorneys for HOUSTON LIGHTING & POWER COMPANY, Project Manager of the South Texas Project, acting herein on behalf of itself and the other Applicants, CITY l
OF SAN ANTONIO, TEXAS, acting by ana through the City Public Service Board of l
the City of San Antonio, CENTRAL POWER AND LIGHT COMPANY and CITY OF AUSTIN, TEXAS.
cc:
Certificate of Service
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UNITfD STATES
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i NUCLEAR REGULATORY COMMISSION a
-E IBASH4PsGTON, S. c. 3686a I
'\\)....8 ST-AE-HL-851 SFN:V-0100/C-0530 OCT 2 0 581 c-0550 Date Received:10/26/
Docket Mos.:
50-498/499 Mr. 6. W. Oprea, Jr.
Executive Vice President Houston Lighting and Power Company P. O. Box 1700 Houston, Texas 77001
Dear Mr. Oprea:
Subject:
Request for information under the provisions of 10 CFR 50,64(f)
By letter of septeeber 24, 1981, your counsel informed the Atomic Safety and Licensing Board of the Nuclear Regulatory Comission Ibat Houston Lighting
& Poier (micany (HL&P) has decided to reallocate certain responsibilities for the cccoletion of the South Texas Project.
Ir. the letter it was further indicated that specific informtion will be supplied concerning the qualifica-tions of Bechtel Power Corporation, its QA/QC program, and the ultimate relation of Brown & Root HL&P and Bechtel on this pro,iect in the future.
Under the provisions of 10 CFR 50.54(f) we request you to supply this information, as well as infomation on the transition plans you develop to put these changes into effect.
As it is recognized that it will take about 6 to 8 weeks to develop the details concerning this change, it is requested that you supply this infomation by f>ecemter 11, 1981, or by such earlier date as it becones available.
Sincerely, WA Robert L, Tedesco, Assistant Director for Licensing Division of Licensing cc:
See next page.
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S[C[jVfD OCT 2 6190 mpe,,
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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HOUSTCN LIGHTING AND POWER
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Docket Nos. 50-498 OL COMPANY, ET AL.
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50-499 OL
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(South Texas Project,
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Units 1 and 2)
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CERTIFICATE OF SERVICE
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I hereby certify that copies of Applicants' letter signed by Jack R. Newman to the Atomic Safety and Licensing Board dated October 30, 1981, have been served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid, or hand delivered as indicated by asterisk, on this 30th day of October, 1981
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Charles Bechhoefer, Esq.*
Brian Berwick, Esq.
Chief Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texe.s Board Panel Environmental Protection U.S. Nuclear Regulatory Commission Division.
Washington, D.C.
20555 P.O. Box 12548, Capitol Station Austin, TX 78711 Dr. James C. Lamb, III Administrative Judge William S. Jordan, III. Esq.*
313 Woodhaven Road Harmon & Weiss Chapel Hill, NC 27514 1725 I Street, N.W.
Washington, D.C.
20006 Ernest E. Hill Administrative Judge Kim Eas' man, Co-coordinator Lawrence Livermore Laboratory Barbara A. Miller University of California Pat Coy P.O. Box 808, L-123 Citizens Concerned About Livermore, CA 94550 Nuclear Power 5106 Casa Oro Mrs. Peggy Buchorn San Antonio, TX 78233 Executive Director Citizens for Equitable Lanny Sinkin Utilities, Inc.
2207-D Nueces Route 1, Box 1684 Austin, TX 78705 Brazoria, TX 77422
Jay M. Gutierrez, "sq.*
Paul B. Cotter, Jr.*
g Office of the Executive Chairman Legal Lirector Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
2C555 Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commissio1 Washington, D.C.
2055S
, Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
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