ML20062D692

Motion by St of Tx for Reconsideration of Order Setting 781212 as Date of Prehearing Conference in Proc Re Subj Facils.Asserts That Conflict in Sched Will Prevent Atty for Tx from Properly Preparing Position.Cert of Svc Encl

ML20062D692
Person / Time
Site:	South Texas
Issue date:	11/03/1978
From:	Hill J, Kendall D, Lowerre R TEXAS, STATE OF
To:
References
NUDOCS 7811290014
Download: ML20062D692 (2)

Text

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UNITED STATES OF AMERICA- 7 NUCLEAR REGULATORY' COMMISSION '

$ I b i.; ':3 BEFORE THE ATOMIC. SAFETY AND LICENSING BO pv In the Matter of 1 (W\W I

HOUSTON LIGHTING AND 1 Docket Nos. S 50-498 OL POWER COMPANY, ET AL. X ST!(50-499 OL 1

(South Texas Project, Units 1 and 2)

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, MOTION TO RECONSIDER ORDER SETTING PREHEARING CONFERENCE DATE FOR DECEMBER 12, 1978 When the State of Texas was informed of the poA-ible prehearing conference date of December 12, 1978, I uejected strongly to the date. With only the State of Texas and two Intervenors requesting participation in the hearings on the South Texas Nuclear Project, an attempt was made to find a date compatible for all participants. I expected that the schedules of the participants would be considered in setting

{I the prehearing conference date. As I have explained previously with respect to this date, I have a trial setting for Decem-ber 13, 1978, in San Antonio involving the adjudication of water rights on the San Antonio River. This is a significant case involving six other attorneys and an elaborate briefing schedule leading up to the date of the trial. It will be impossible for me to interrupt the process of preparation for that trial with the hearing on the South Te <as Nuclear Project. . .

O 781129oo/7 ( CT U

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I Motion to Reconsider Order Setting Prehearing -

Conference Date for December 12,- 1978 .

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While I do not expect that our application for par-ticipation as an interested state will be challenged, I do feel that the State of Texas must participate in the pre-hearing conference. This is especially true considering the 14-4 ted number of requests for intervention status. The decision at the prehearing conference will determine whether r

\ or not the hearing will be held on the operating license for

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the South Texas Nuclear Project. It is imperative that the State of Texas be allowed to participate fully in this process.

Respectfully submitted, JOHN L. HILL Attorney General of Texas DAVID M. KENDALL First Assistant Attorney General DOUGLAS G. CAROOM

(~ Assistant Attorney General L. Chief, Environm ntal Protection (j Di 'sion l

RICHARD W. LOWERRE Assistant Attorney General -

l Environmental Protection Division P. O. Box 12548, Capitol Station Austin, Texas 78711 AC 512/475-4143

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s, woms q, UNITED STATES OF AMERICA usmc NUCLEAR REGULATORY- COMMISSICN -

%: NOV 71948 ) 8 BEFORE THE ATOMIC SAFETY AND LICENSING k*dARb w v s====

% "Y,dme f In the Matter of I b @

I HOUSTON LIGHTING AND I Docket Nos. STN 50-498 OL POWER COMPANY, ET A_L_.

I STN 50-499 OL (South Texas Project, I Units 1 and 2) I CERTIFICATE OF RERVICE

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I hereby certify that copies of " Motion to Reconsider Order Setting Prehearing Conference Date for December 12,

(- 1978" in the above captioned proceeding have been served on

( the following by deposit in the United States mail, first class, on this the G[ day of November, 1978:

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

Atomic Safety and Licensing Board Lowenstein, Newman, Reis Panel & Axelrad U.S. Nuclear Regulatory Commission 1025 Connecticut Ave., N.W.

Washington, D. C. 20555 Washington, D. C. 20036 Dr. James C. Lamb, III Atomic Safety and Licensing 313 Woodhaven Road Board Panel Chapel Hill, North Carolina 27514 U.S. Nuclear Regulation Com.

Washington, D. C. 20555 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board Atomic Safety and Licensing

{~ - Panel Appeal Panel

\V U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Com.

Washington, D. C. 20555 Washington, D. C. 20555 Melbert Schwarz, Jr., Esq. Docketing and Service Sectiot Baker and actts Office of the Secretary One Shell Plaza U.S. Nuclear Regulatory Com.

Houston, Texas 77002 Washington, D. C. 20555 Robert A. Schulman, Esq. Jay McGurren i Citizens Concerned About Nuclear Vicki Harding Power Counsel for NRC Staff 414 Kings Court, Apt. C U.S. Nuclear Regulatory Com.

San Antonio, Texas 78212 Washington, D. C. 20555 Mr. David Marke 3904 Warehouse Row Suite C .

Austin, Texas 78704 f b A RICEARD W.' LCWERRE