ML20052G196

Response Opposing Citizens Concerned About Nuclear Power 820509 Motion for Extension of Time to Respond to Commission 820506 Order.Months of Delay Could Occur If Extension Granted.Certificate of Svc Encl

ML20052G196
Person / Time
Site:	South Texas
Issue date:	05/12/1982
From:	Axelrad M JOINT APPLICANTS - SOUTH TEXAS PROJECT, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8205140396
Download: ML20052G196 (6)

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UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION ,,,, 9 p ,. g fi

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HOUSTON LIGHTING AND POWER ) Docket Nos. 50-498 OL COMPANY, E_.T AL.

) 50-499 OL

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D (South Texas Project, ) g3 Units 1 and 2) ) 4

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APPLICANTS' RESPONSE TO CCANP 899 p MOTION FOR EXTENSION OF TIME TO RESPOND TO COMMISSION ORDER OF g MAY 6, 1982 4 Citizens Concerned About Nuclear Power (CCANP) filed on May 9 a motion requesting that the briefing schedule specified in the Commission's Order of May 6, 1982, be extended for 7 days, i.e., that initial briefs and reply briefs be due on May 28 and June 7, respectively.

Houston Lighting & Power Company, et al. (Applicants) oppose an extension of the briefing schedule because the corresponding delay in the Commission's consideration of these matters is likely to result in further delay in the resumption and ' completion of the pending hearings before the Atomic Safety and Licensing Board.

As a result of the continuing outstanding questions con-cerning Judge Hill's further. participation in this proceeding, the Licensing Board has previously cancelled the hearing t.s Jo3 8205140396 820512 PDR ADOCK 05000488 C PDR D

2-sessions then scheduled for April 20-23 (Order of April 19, 1982) and May 4-7 (order of April 30, 1982). There are currently scheduled hearing sessions for June 2-5, June 15-19,

' June 21-26 an# July 6-10. However, inasmuch as the Licensing Board has made clear that it will not conduct further hear-ings until the Commission resolves the status of Judge Hill, it appears likely that the June 2-5 session will be cancelled also. Even under the current briefing schedule, the Commis-sion will not receive reply briefs until June 1 and thus would not rule on the matter in tim to permit hearings to resume on June 2.

If the completion of the filing of briefs is delayed un-til June 7 pursuant to CCANP's request, it appears unlikely that the Commission will rule in time for the June 15-19 ses-sion to be held, and even the June 21-26 session appears in jeopardy.-*/ Thus, a delay measurable in months may occur de-pendent upon the Licensing Board's ability to schedule suffi-

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cient hearing sessions in July and August 7 As pointed out in Applicants' Motion of April 20, 1982, any such delay would be inconsistent with the Commission's previous mandate that the Licensing Board complete the first phase of the operating

-*/ The Commission's ruling.would.have to be announced to the Licensing Board and the parties sufficiently in ad-vance of any hearing session that arrangements for such session could be completed in timely fashion.

• • / The Licensing Board had difficulty scheduling hearings in July and August of 1981.

license proceeding on an expedited basis (CLI-80-32, 12 NRC 281 (1980)) and would be grossly unfair to a party whose character and competence are being evaluated in such proceeding.

If, notwithstanding these considerations, the Commis-sion determines to grant the briefing extension requested by CCANP, Applicants respectfully request that the Commission rule on the portion of Applicants' Motion of April 20, 1982, which suggested that the Commission direct Chairman Bechhoefer and Judge Lamb to proceed under the quorum rule.

In addition, Applicants respectfully request that, if possible, the Commission inform the Licensing Board and the parties of the approximate date when it will issue a deci-sion on the status of Judge Hill. Applicants can appreciate the Commission's difficulty in estimating the time required to reach a decision, particularly in advance of th'e receipt of any briefs. However, in view of potential conflicts in the schedule of Board members and in the availability of

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witnesses, it would be extremely useful to the Board and the parties in scheduling future hearing sessions to obtain .

In view of the cancellation of the Ar,ril 20-23 and

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May 4-7 sessions and the potential cancellation of the June 2-5 session, some of Applicants' witnesses, who were previously expected to testify prior to June 15, may not be avail.able.on all of the remain-ing scheduled dates and some rearrangement of the contemplated sequence of testimony may be required.

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whatever guidance the Comriission may be able to provide as to a realistic date for resumption of hearings.

Respectfully submitted, I h'w' q ,.

Jack R. Newman '

Maurice Axelrad Alvin H. Gutterman 1025 Connecticut Avenue, NW Washington, D. C. 20036 Finis E. Cowan Thomas B. Hudson, Jr.

3000 One Shell Plaza Houston, Texas 77002 Dated: May 12, 1982 Attorneys for HOUSTON LIGHTING

& POWER COMPANY, Project Manager LOWENSTEIN, NEWMAN, REIS of the South Texas Project

& AXELRAD acting herein on behalf of it-1025 Connecticut Avenue, NW self and the other Applicants, Washington, D. C. 20036 THE CITY OF SAN ANTONIO, TEXAS, acting by and thrcugh the City BAKER & BOTTS Public Service Board of the 3000 One Shell Plaza City of San Antonio, CENTRAL Houston, Texas 77002 POWER AND LIGHT COMPANY and CITY OF AUSTIN, TEXAS.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

'u c'~? '.*t C BEFORE THE NUCLEAR REGULATORY COMMISSION U '"

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'I In the Matter of ) -

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HOUSTON 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) )

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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to CCANP Motion for Extension of Time to Respond to Commission Order of May 6, 1982" have been served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid, or by arranging for delivery as indicated by asterisk, on this 12th day of May, 1982.

Chairman Nunzio J. Palladino* Christine N. Kohl U.S. Nuclear Regulatory Commission Administrative Judge Washington, D. C. 20555 Atomic Safety and Licensing App.eal Board Commissioner Victor Gilinsky* U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Commissioner Jchn F. Ahearne* Charles Bechhoefer, Esq.

U.S. Nuclear Regulatory Commission Chairman, Administrative Judge Washington, D. C. 20555 Atomic Safety and Licensing Board Panel Commissioner Thomas M. Roberts

• U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Alan S. Rosenthal Dr. James C. Lamb, III Chairman, Administrative Judge Administrative Judge Atomic Safehy and Licensing 313 Woodhaven Road Appeal Board Chapel Hill, NC 27514 U.S. Nuclear Regulatory Commission- .

Washington, D. C. 20555 Ernest E. Hill Administrative Judge Dr. John H. Buck Lawrence Livermore Laboratory Administrative Judge University of California Atomic Safety and Licensing P.O. Box 808, L-46 Appeal Board Livermore, CA 94550 U.S. Nuclear Regulatory Commission Washington, D. C. 20555

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Mrs. Peggy Buchorn . Jay M. Gutierrez, Esq.

Executive Director Office of the Executive Citizens for Equitable Legal Director Utilities, Inc. U.S. Nuclear Regulatory Route 1, Box 1684 Commission Brazoria, TX 77422 Washington, D. C. 20555 Brian Berwick, Esq. Atomic Safety and Licensing Assistant Attorney General Appeal Board d

for the State of Texas U.S. Nuclear Regulatory

'Onvironmental Protection Commission Division Washington, D. C. 20555 P.O. Box 12548, Capitol Station-Austin, TX 78711 Atomic Safety and Licensing Board William S. Jordan, III, Esq. U.S. Nuclear Regulatory Harmon & Weiss Commission 1725 I Street, NW Washington, D. C. 20555 Washington, D. C. 20006 Docketing and-Service Section*

Kim Eastman, Co-coordinator Office of the Secretary Barbara A. Miller U.S. Nuclear Regulatory Pat Coy Commission Citizens Concerned About Washington, D. C. 20555 Nuclear Power 5106 Casa Oro San Antonio, TX 78233 Lanny Sinkin 2207-D Nueces Austin, TX 78705 I

L Maurice Axelrad*

• Hand delivery

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