ML20038A884
| ML20038A884 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 11/20/1981 |
| From: | Copeland J, Peland J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111240389 | |
| Download: ML20038A884 (6) | |
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November 20, 1981 00LXETED Mr t s
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UNITED STATES OF AMERICA Jgg 4,4 g
g /A CE OF SECRETARY NUCLEAR REGULATORY COMMISSION liN & SERVICE 4, %
UAIESFORE THE ATOMIC SAFETY AND LICENSING BOARD 9
In the Matte.r of S
r0 S
HOUSTON LIGHTING & POWER COMPANY S
Docket No. 50-466 S
(Allens Creek Nuclear Generating S
Station, Unit'l)-
S APPLICANT'S RESPONSE TO INTERVENOR DOHERTY'S MOTION FOR ADDITIONAL TESTIMONY ON NEED FOR POWER On November 6, 1981, Intervenor Doherty filed a motion to require Applicant to submit additional testimony on need for power.
In support of his motion, Mr. Doherty has attached a-newspaper article which reports that the City of Austin intendseto sell its share of the South Texas Project ("STP") nuclear plant.
i Although it is not so designated, Mr. Doherty's pleading must be construed as a motion to reopen the record.
The proponent of such a motion has a heavy burden.
Duke Power Co.
(Catawba Nuclear Statios, Units 1 and 2), ALAB-359, 4 NRC l
619, 620 (1976).
There should be no relaxation of that l
l burden,here, because the record in this proceeding clearly demonstrates that any further delay in bringing ACNGS on i
line as planned will cause a serious shortage of capacity, reduced reserve maq ins, and escalation of costs including costs.for replacement poNer.
(Testimony of J.
D.
Guy and John M. Edwards, following '5r. 16903, Exh. JDG l-A; Testimony of J.
D.
Guy, following Tr. 5148, p.
6).
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- Mr. Doherty submits that the granting of his motion will only delay the proceeding for a "short time."
- However, given the fact that the record shows that an expeditious conclusion of this proceeding is in the public interest, Mr.
Doherty has a very heavy burden to show why ang further delays are necessary.
He has failed to make this showing in his motion.
Most importantly, in meeting his burden Mr. Doherty must demonstrate that the Board would reach a different conclusion on need for power if the record were reopened for the reasons he requests.
Northern Indiana Public Service Co.
(Bailey Generating Station, Nuclear-1), ALAB-227, 8 AEC 416, 418 (1974); Kansas Gas and Electric Co., et al. (Wolfe Creek Generating Station, Unit No. 1), ALAB-462, 7 NRC 320 (1978).
Mr. Doherty has not offered even the slightest suggestion as to how the Board's ultimate decision on this issue might be altered by the information he claims should be considered.
The fact is that absolutely no conclusions that one would draw from the exioting record would be changed by I
(
Austin's announced intention to sell its interest in STP.
Since HL&P has not purchased Austin's interest in STP, it would be sheer speculation to include Austin's portion of STP in HL&P's projection of capacity additions.
The article l
which Mr. Doherty cites as support for his motion clearly l
indicates that HL&P has not made a decision as to whether it l
l l
e '
will even bid on Austin's share of STP.
Moreover, it cannot be assumed that HL&P would be the successful bidder if it l
and others decide to make a bid, nor may it be assumed that Austin would find HL&P's bid acceptable if HL&P were to make the only bid.
In addition, Mr. Doherty has not demonstrated that the purchase of Austin's share of STP by HL&P would even affect, much less obviate, the need for Allens Creek.
Austin's share of STP amounts to approximately 385 MU, and this share cannot possibly replace the 1200 MW Allens Creek project.
Furthermore, the record shows that when STP Units 1 and 2 are scheduled to go on line, HL&P will have to purchase up to 1300 MW of power in order to meet its reserve requirements.
Deuy and Edwards, supra, p. Exh. JDG l-A).
.l Purchasing Austin's share of STP would simply reduce those purchase power requirements; the purchase clearly would not i
reduce the amount of additional capacity HL&P needs to build.
Finally, Mr. Doherty does not challenge HL&P's demonstration that the addition of Allens Creek is justifiable solely on economic grounds.
Given the high cost of generating electricity with oil and natural gas, HL&P could add ll,?T9 MW of new coal and nuclear plants to meet demand by 1990 a.
the lowest cost.
(Testimony of Lewis Perl, following Tr.
5964, p. 13).
This is over twice the amount of new coal and nuclear capacity that is being planned by HL&P, even assuming I
the hypothetical purchase of Austin's share of STP.
Further-more, Applicant has demonstrated that Allens Creek is not only needed to serve increased demand, but it is also a crucial part of HL&P's program of diversification to reduce dependence on increasingly scarce and expensive supplies of natural gas.
(Testimony of J. D. Guy, supra, pp. 10-14).
This factor must also be given weight by the Board.
See Wolf Creek, supra, p. 328.
There is nothing in Mr. Doherty's motion that in any way challenges the existing record on this point.
In sum, the burden is clearly on Mr. Doherty to thoroughly review the record and explain in detail to the Board and parties why the Board would be likely to reach a different result if the record were reopened to hear the evidence he claims should be heard.
Not only has Mr. Doherty failed to meet this burden, but the rccord clearly demonstrates that even if Mr. Doherty's " facts" are assumed, they would not affect the need for ACNGS.
Accordingly, Mr. Doherty's motion should be denied.
Respectfully submitted, OF COUNSEL:
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'Gr C6peland BAKER & BOTTS cott ozzell 3000 One Shell Plaza 000 ne Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS Jack R. Newman
& AXELRAD Robert H. Culp 1025 Connecticut Ave., N.W.
David B. Raskin Washington, D.C.
20036 1025 Connecticut Ave., N.W.
Washington, D.C.
20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAPS In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY S
S (Allens Creek Nuclear Generating S
4 Station, Unit 1)
S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Appli-cant's Response to Intervenor Doherty's Motion for Additional Testimony on Need for Power in the above-captioned proceeding were mailed, postage prepaid, or hand delivered this 20th day of November, 1981.
Sheldon J. Wolfe, Esq., Chairman Hon. Frank Petter Atomic Cafety and Licensing Mayor, City of Wallis Board Panel P. O. Box 312 U.S. Nuclear Regulatory Commission Wallis, Texas 77485 Washington, D.C.
20555 don. Leroy H. Grebe Dr.
E.
Leonard Cheatum County Judge, Austin County Route 3, Box 350A P. O. Box 99 Watkinsville, Georgia 30677 Bellville, Texas 77418 Mr. Gustave A. Linenberger Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear P.egulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Mr. Chase R. Stephens Atomic Safety and Licensing Docketing and Service Section Board Panel Office of the Secretary U.S. Nuclear Regulatory Of the Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Susan Plettman Richard Black
' David Preister Staff Counsel Texas Attorney General's Office U.S. Nuclear Regulatory P. O. Box 12548, Capitol Station Commission Austin, Texas 78711 Washington, D.C.
20555
~.
Bryan L.
Baker Brenda McCorkle 1118 Montrose 6140 Darnell Houston, Texas 77019 Houston, Texas 77074 J. Morgan Bishop W. Matthew Perrenad 11418 Oak Spring 4070 Merrick Houston, Texas 77043 Houston, Texas 77025 Stephen A. Doggett Wayne E. Rentfro P. O. Box 592 P. O. Box 1335 Rosenberg, Texas 77471 Rosenberg, Texaws 77471 John F.
Doherty William Schuessler 4327 Alconbury 5810 Darnel Houston, Texas 77021 Houston, Texas 77074 Carro Hinderstein James M. Scott 608 Fannin, Suite 521 13935 Ivy Mount Houston, Texas 77002 Sugar Land, Texas 77478 D. Marrack V. O.
" Butch" Carden, Jr.
420 Mulberry Lane City Attorney Bellaire, Texas 77401 City of Wallis P. O. Box A East Bernard, Texas 77435 C
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