ML20038A684

Request for Withdrawal W/O Prejudice of 811029 Petition to Suspend Const of Project.Util Decision on 811109 to Cease Const Until Reviews Complete Makes Petition Unnecessary. Certificate of Svc Encl

ML20038A684
Person / Time
Site:	South Texas
Issue date:	11/12/1981
From:	Jordan W CITIZENS FOR EQUITABLE UTILITIES, HARMON & WEISS
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8111160166
Download: ML20038A684 (6)

Text

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UNITED STATES OF AMERICA IOkhEiED qg BEFORE THE NUCLEAR REGULATORY COMMISSION

'81 tm 12 PS:39

)

In the Matter of ) ' 3,EjE,IA '

) Docket ;N(QTb-s{98 HOUSTON LIGHTING AND POWER CO. ) 50- t

/ b, (South Texas Project, Units 1 )

and 2) ) A r

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C' NOVj*o '

NS CITIZENS FOR EQUITABLE UTILITIES u.s Mf'y' *. _ ,] r WITHDRAWAL WITHOUT PREJUDICE OF PETITION O TO SUSPEND CONSTRUCTION OF Ti!E SOUTil TEXAS PROJECT

\

• il v On October 29, 1981, Citizens for Equitable Utilities filed with the Commission a Petition to Suspend Constr uc tion of the South Texas Project. Based on a review of the design of the project by the Quadrex Corporation, the Petition asked that construction be suspended immediately and that any f ur t h er construction be prohibited pending a full hearing on the relevant issues.

Bf letter of November 9, 1981, Houston Lighting and Power Company informed K arl Seyfrit of the NRC 's Reg io n IV that it had decided to cease vir tually all of the construction activities at the project, with the except ton of those necessary to main te nan ce and housekeeping. Cl:U appreciates 1

s this action and believes that liU,P is t ak ing a co n:i t r uc t i ve approach to completion of the project by halt i ng co ns tr uc ti on until all necessary design and other reviews are completed.

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8111160166 811112 PDR ADOCK 05000498 O PDR

. _ _A_ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ - _ _ _ - _ - - - - _

In light of these developments, CEU asks to withdraw its Petition without prejudice. Counsel for both the NRC Staff and the Applican t have stated that we may represent to the Commission that they have no objection to the withdr awal being without prejudice.

CEU believes that significant questions remain concerning the conditions under which construction may be resumed and the procedural rights that should be afforded to CEU before that occurs. However, those will be addressed in separate filings to the Licensing Board ano, if necessary, to the Commission.

I Respectfully submitted,

- . / -* 5.', -s William Sc' Jordan, III Harmon & Weiss 1725 I Street, N .W .

Suite 506 Washington, D .C . 20006 (202) 833-9070 Counsel for Citizens for

( -u- Equitable Utilities i

l Da t ed : November 12, 1981 I /

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l

~~. METED we:

UNIT ED STATES OF AMERICA NUCLEAR REGULATORY CQgiIhWi2 P540 BEFORE THE ATOMIC SAFETY AND LICENSING BOAR D

' EE;RETARY

.: 3 & SERVICE EFANCH

)

In the Matter of )

) Docket Nos. 50-498 HOU ST ON LIGHTING AND POWER CO. ) 50-499 (South Texas Project, Units 1 )

and 2) )

)

CITI ZENS FOR EQUITABLE UTILITIES WITHDRAWAL WITHOUT PREJUDICE OF MOTION TO SUSPEND CONSTRUCTION OF THE SOUTH TEXAS PROJECT On October 29, 1981, Citizens for E<1ui t abl e Utilities filed with the Bo ar d a Motion to Suspend Construction of the South Texas Projwt. Based on a review of the design of the project by the Quadrex Corporation, the Mo ti on ask ea that construction be suspended immediately and that any further construction be prohibited pending a f ull hearing on the relevant issues.

l

! By letter of NovemLer 9, 1961, Houston Ligh ti ng and Power Company informed Karl Seyfrit of the NRC 's hegion I \' that it had decided to cease virtually all of the con str uc tion activatles at the project, with the exception of those n ec es s a r y to maintenance and housekeepi ng . CEU appreciates l

this action and believes that HIA P is taking a constr uctive approach to completion of the project by halting co ns tr uc ti on l

i until all necessary design and other reviews are completed.

I I

(

l

In light of these developments, CI:l' asks to withdraw its Motion without prejudice. Counsel for both the NPC Staff and the Applicant have stated that we may represent to the Commission that they have no objection

to the withdrawal being without prejudice.

l CEU belie ves that significant questions remain concerning the conditions under which construction may be resumed and the procedural rights that should be afforded to CEU before that occurs. However, those will be addressed in separate filings to the Licensing Bo ar d and , i f necessary, to the Commission.

Respect f ully submit ted ,

, c // h r#

William M 'ordan, III

!!ar mon & Weiss 1725 I Street , N.N.

Suite 506

- - Washington, D.C. 20006 (202 ) 833-9070 Counsel for Citizens for

'~=- Equitable Utilities Dated : November 12, 1981

/

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'" KETED UNITED STATES OF AMERICA M NUCLEAR REGULATORY COMMISS N tER 12 PS:39 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 7 EECRETARY GN3 & SERVICE BRANCH In the Matter of )

)

HOUSTON LIGHTING AND POWER )

COMPANY, et. al., ) Docket Nos. 50-498

) 50-499 (South Texas Project, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of Citizens for Equitable Utilities Withdrawal Without Prejudice of Petition to Suspend Construction of the South Texas Project and Withdrawal without Prejudice of Motion to Suspend Construction of the South Texas Project have been served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid on this.12th day of November, 1981.

Charles Bechhoefer, Esq. Jack R. Newman, Esq.

Chief Administrative Judge Lewenstein, Axelrad, et al.,

Atomic Safety and Licensing 1025 Connecticut Avenue, N.W.

Board Panel Washington, D.C. 20036 U.S. Nuclear Regulatory Commission Nashington, D.C. 20555 Kim Eastman, Co-coordinator Barbara A. Miller Dr. James C. Lamb, III Pat Coy Administrative Judge Citizens Concerned About 313 Woodhaven Road Nuclear Power Chapel Hill, N.C. 27514 5106 Casa Oro San Antonio, Texas 78233 Ernest E. Hill Administrative Judge Mrs. Iaggy Buckhorn Lawrence Livermore Laboratory Executive Director University of California . Citizens for Equitable P.O. Box 808, L-123 Utilities, Inc.

Livermore, California 94550 Route 1, Box 1684 Brazoria, Texas 77422 Brian Berwick, Esq.

Assistant Attorney General Jay M. Gutierrez, Esq.

for the State of Texas Office of the Executive Environmental Projection Division Legal Director P.O. Box 12548, Capitol Station U.S. Nuclear Regulatory Austin, Texas 78711 Commission Washington, D.C. 20555

d Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lanny Sinkin 2207-D Nueces Austin, Texas 78705 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 COMMISSIONERS:

Nunzio J. Palladino, Chairman

• Victor Gilinsky*

Peter A. Bradford*

John F. Ahearne*

Thomas M. Roberts

• Nuclear Regulatory Commission ~

1717 H Street, N.W.

lith Floor Washington, D.C.

f' - -

_u. William-S. _ Jordan, III HARMON & WEISS 1725 I Street, N.W.

Suite 506 Washington, D.C. 20006

/

• Hand Delivered

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