ML20041C067
| ML20041C067 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 02/22/1982 |
| From: | Newman J HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8202260118 | |
| Download: ML20041C067 (5) | |
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February,72, 1982 E
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CHih..
R;L y[gf BEFORE THE ATOMIC SAFETY AND LICENSING BOARDLCCi In the Matter of
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HOUSTON LIGHTING & POWER COMPANY
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Docket No. 50-466 e
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(Allens Creek Nuclear Generating
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s Ne Station, Unit 1)
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3 Applicant's Response to TexPirg's h
/g Motion for Additional Time to File O
yroposed Findings of Fact and Conclusions of Law g
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F3 On February 9, 1982, three days before they were due, TexPirg filed a motion for additional time to file its proposed findings of fact and conclusions of law.
TexPirg asserts that the 65 days which the Board provided to file its findings are insufficient to complete this task.
On February 12, TexPirg filed two pages of findings.
In Applicant's view TexPirg's motion has been mooted by its filing of proposed findings, but even if it has not, that motion should be denied.
The Board adopted its schedule for the filing of proposed findings on the basis of a joint motion of Applicant and Staff, and TexPirg did not r9spond to that motion within the time frame permitted under the Commission's regulations.
TexPirg's counsel was also not in attendance at the hearings when the Board ruled on this schedule.
(Tr. 19866-76).
TexPirg has not provided here any reasons for its inability to adhere to the Board's previous ruling which could not have been raised in a timely manner in h
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8202260118 820222
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response to Applicant's and Staff's joint motion.
Having failed to file a timely response, TexPirg should not now be permitted a second belated bite at the apple.
In addition, as the Board has previously noted, the schedule adopted in this proceeding provides TexPirg and the other intervening parties far more time than is permitted by the Commission's regulations and is therefore eminently reason-able.
(Tr.19875).
Finally, TexPirg's motion proceeds from the premise that counsel did not begin reviewing the record in anticipation of preparing proposed findings until after the record was partially closed in December.
In Applicant's view such preparation could and should have commenced much earlier.
Moreover, the Board has already admonished the parties that they should concentrate on their own contentions or those which are of particular interest to them.
(Tr. 21,306).
If TexPirg chose not to heed that warr.ing, it bore the burden of complying with the Board's schedule.-*/
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In any event, TexPirg's statement that it must review the entire record in this proceeding is entitled to no weight.
TexPirg failed to file any testimony on most of its own contentions,.no less on those submitted by other parties, and its counsel did not even attend the hearings on many occasions when testi-mony was being heard on its own contentions.
TexPirg's scant findings filed on December 12, further demon-strate that counsel for TexPirg has done little work on its findings in the 65 days since the record was closed in December.
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( For these reasons TexPirg's Motion'should be denied.
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Respectfully submitted, W
OF COUNSEL:
ack R. Newmat LOWENSTEIN, NEWMAN, REIS &
avid B.
Raskin AXELRAD 1025 Connecticut-Ave., N.W.
1025 Connecticut Ave.,_N.W.
Washington, D.C.
20036 Washington, D.C.
20036 J. Gregory Copeland BAKER &'BOTTS Scott Rozzell 3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
-In the Matter of
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HOUSTON LIGHTING & POWER COMPANY
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Docket No. 50-466,
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to TexPirg's Motion for Additional Time to File Proposed Findings of Fact and Conclusions of Law, were served on the following by deposit in the United States mail, first class poatage prepaid, or by hand delivery */ this 22d' day of February, 1982:
Sheldon J. Wolfe, Esq., Chairman Susan Plettman, Esq.
Atomic Safety and Licensing David Preister, Esq.
Board Panel Texas. Attorney General's Office
- U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, DC '20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Honorable Frank Petter Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission -
County-Judge, Austin County Washington, DC 20555
'P. O. Box 99 Bellville, Texas.77418 Scott W. Stucky_
Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of Board Panel
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the Commission U.S. Nuclear Regulatory Commission U.S.' Nuclear Regulatory Commission Washington, DC' 20555 Washington, DC 20555 Atomic Safety and Licensing Appeal: Board-U.S. Nuclear Regulatory Commission Washington, DC 20555
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James M. Scott','Jr.
Richard Black, Esq.
13935 Ivy Mount U.S. Nuclear Regulatory Sugar Land, Texas 77478 Commission Washington, DC 20555 William Schuessler 5810 Darnell.
John F. Doherty Houston, Texas 77074 4327 Alconbury Street Houston, Texas 77021 Stephen A. Doggett,-Esq.
P. O. Box 592 Rosenberg, Texas 77471 TexPirg Att:
Clarence Johnson Bryan L. Baker Executive Director' 1923 Hawthorne Box 237 U.S.
Houston, Texas 77098 University of Houston Houston, Texas 7704 J. Morgan Bishop Margaret Bishop Carro Hindtrstein 11418 Oak Spring 609 Fannin Street Houston, Texas 77043 Suite 521 Houston, Texas 77002 W. Matthew Perrenod 4070 Merrick D. Marrack Houston, Texas 77024 420 Mulberry Lane Bellaire, Texas 77401 Wayne Rentfro P. O. Box 1335-Brenda McCorkle Rosenberg, Texas 77471 6140 Darnell Houston, Texas 77074 V. O.
" Butch" Carden, Jr.
~ City Attorney City of Wallis P. O. Box A East Bernard, Texas 77435 N
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David B.' Raskin
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