ML20049J660

Withdraws 820201 Suggestion That Addl Issues Be Admitted. ASLB Should Specify Discovery Will Be Allowed & Testimony Admitted on All Aspects of Quadrex Rept.Certificate of Svc Encl

ML20049J660
Person / Time
Site:	South Texas
Issue date:	03/09/1982
From:	Newman J HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Bechhoefer C, Eva Hill, John Lamb Atomic Safety and Licensing Board Panel
References
NUDOCS 8203190099
Download: ML20049J660 (5)

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Law crrecEs 3ynr a LOWENSTEIN, NEWMAN, RExs & AxELnAn 1025 CONNECTICUT AVENUE, N. W.

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as*Cuatt A.seustm Dou@tas G. GRE E N Savl3 G. DOwtLL nostat LowtNSTtsu orCowhsEL g.gatGone manNES ANNE w. COTTamGaAme ET EVE N P. F R ANTI JILL E. GB ANT rKE DameC 5.GA AY ALv'ae M. GuTYg muaN MOLLY N. LiNOtuaN DavaO p.massag ooN.Lo J. s Lve - A. March 9, 1982 Charles Bechhoefer, Esquire Chief, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. James C. Lamb, III Administrative Judge 313 Woodhaven Road #

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I's Chapel Hill, North Carolina 27514 Ernest E. Hill { "CCe,p,3,, p.

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Administrative Judge ~~

/Jgp Lawrence Livermore Laboratory [ Bbar,jE g IS0h Post Office Box 808, L-46 ' % C,:f *4 +w o Livermore, California 94550 .- s

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Re: Houston Lighting & Power Co. et_ et. o, .

South Texas Project, Units 1 & 2 ~ ~==

Docket Nos. STN-50-498, STN-50-499 Gentlemen:

The Board still has under consideration CCANP's motion dated November 21, 1981, seeking admission of new contentions relating to the Quadrex Report and its handling by Applicants.

In their response of February 1, 1982, Applicants framed two issues (see p. 5) that they proposed be admitted by the Board, and suggested that the Board reject all of the other CCANP contentions. In its response of February 5, 1982, (see pp. 5-6) the NRC Staff quoted the broad language in the Board's Fourth Prehearing Conference Order establishing Phase II of pso3 s

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P203190099 820309 PDR ADOCK 05000498 O PDR -.

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. LowzwTzin, NewwAN, Rzza & Axas.cAn e

Charles Bechhoefer, Esquire Dr. James C. Lamb, III Ernest E. Hill March 9, 1982 Page Two this proceeding to consider all aspects of the Quadrex matter.

Given the broad scope of the anticipated Board inquiry and the Board's acknowledgement that any findings made in Phase I will be subject to change as a result of any new information l in Phase II, the Staff took the position that adopting any j new contentions concerning Quadrex is unnecessary and would I not be the best means to create a comprehensive and sound record.

Upon reflection, the Applicants find the NRC Staff's position persuasive and agree that, given the broad scope of the anticipated Board inquiry, no new contentions or issues relating to Quadrex are necessary. Applicants therefore withdraw their earlier suggestion that the issues framed in their February 1 response be admitted, and suggest instead that the Board specify that discovery will be allowed and testimony will be admitted on all aspects of the Quadrex-Report, as set forth on page 5 of the Board's Order. It should be understood, however, that since differing factual and legal arguments and interpretations of existing issues have been presented in the pleadings of the parties, such action by the Board would not constitute any prejudgment of any factual or legal matter and that, by acquiescing in such action by the Board, no party would waive any argument.

Applicants also agree with the NRC Staff that discovery for Phase II of this proceeding would be premature at this time and that a reasonable period for discovery should be provided after Bechtel's analysis and the Staff's review of that analysis are complete.

Respectfully submitted, L

ack R. Newmdn m>u~-

Of Counsel Lowenstein, Newman, Reis

& Axelrad 1025 Connecticut Avenue, N.W.

Washington, D. C. 20036

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LowzwTz w, N ww Aw, R3:s & AxELSAD l

1 Charles Bechhoefer, Esquire Dr. James C. Lamb, III Ernest E. Hill March 9, 1982 Page Three l

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 OF SAN ANTONIO, TEXAS, acting by and through the City Public Service Board of the City of San Antonio, CENTRAL POWER AND LIGHT COMPANY and CITY OF AUSTIN, TEXAS.

cc: Certificate of Service

b UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENFING BOARD In the Matter of ) I

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IlOUSTON LIGHTING AND POWER ) Docket Nos. 50-498 OL COMPANY, ET AL. ) 50-499 OL

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(South Texas Project, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' letter to the Atomic Safety and Licensing Board dated March 9, 1982, have been served on the followirg individuals and entities by deposit in the United States mail, first class, postage pre-paid, or by arranging for hand delivery as indicated by asterisk, on this 9th day of March, 1982.

Charles Bechhoef er, Esq.

• Brian Berwick, Esq.

Chairman, Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texas Board Panel Environmental Protection U.S. Nuclear Regulatory Commission Division Washington, D.C. 20555 P.O. Box 12548, Capitol Station Austin, Texas 78711 Dr. James C. Lamb, III Administrative Judge William S. Jordan, III, Esq.

313 Woodhaven Road liarmon & Weiss Chapel Hill, North Carolina 27514 1725 I Street, N.W.

Washington, D.C. 20006 Ernest E. Hill Administrative Judge Kim Eastman, Co-coordinator Lawrence Livermore Laboratory Barbara A. Miller University of California Pat Coy l

t P.O. Box 808, L-46 Citizens Concerned About Livermore, California 94550 Nuclear Power 5106 Casa Oro Mrs. Peggy Buchorn San Antonio, Texas 78233

) Executive Director Lanny Sinkin l

Citizens for Equitable l Utilities, Inc. 2207-D Nueces l Route 1, Box 1684 Austin, Texas 78705

' Brazoria, Texas 77422

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Jay M. Gutierre,z, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing 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 I

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