ML20063M622
| ML20063M622 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 09/11/1982 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8209150299 | |
| Download: ML20063M622 (3) | |
Text
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e 9fil/82 UNITED STATES OF AMERICA k$[q,rgo NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD I2 SEP 14 A11:30 hohf$
ag,.
In the Matter of 7
APPLICATION OF TEXAS UTILITIES I
Enver; Docket Nos. 50 I
GENERATING COMPANY, ET AL. FOR and 50-446 AN OPERATING LICENSE FOR I
COMANCHE PEAK STEAM ELECTRIC I
STATION UNITS #1 AND #2 (CPSES) g CASE'S SUPPLEMEfU TO CASE'S 8/26/82 MOTION TO ADD NEW CONTENTION 26 On 8/26/82, CASE filed its Motion to Add New Contention 26.
In its Motion, CASE erroneously refemnced 10 CFR 2.730, since it was not clear to us fmm a reading of the regulations in 10 CFR exactly which portion specifically applied to the addition of a new contention.
At some time in the past, we believe that someone did file a motion to add a new contention, but we were unable to locate that moti6n.
Today, CASE received the NRC Staff's Answer to CASE's Motion; we had pmviously received Applicants' Answer to CASE's Motion on. September 8.
It appears from both Answers that the proper section to have filed our motion under was 10 CFR 2.714.
This section was not easily recognizable to us since it is under the heading of
" Intervention" and on the surface appears to deal with a party's filing of its initial or amended motion to intervene.
CASE contends that the requirements of 2.714 have obviously been met already as 'ndicated in our original 8/26/82 Motion to Add New Contention 26:
i 2.714(a)(1)(1) -- As indicated in our 8/26/82 Motion, we were not aware until we received Applicants' answers to our Twelfth Set of Interrogatories to Applicants and Requests to Produce that Applicants had none of the documents as specified on pages 2 and 3 of our 8/26/82 Motion.
4,
2.714(a)(1)(1) -- (continued):
We were therefore unaware of the information until now which necessitated our filing this contention.
The filing of the contention is therefore both timely and appropriate.
2.714(a)(1)(ii) -- There is no other forum in which CASE can raise this particular contention or issue.
Therefore, there is no other means whereby CASE's interest will be protected.
2.714(a)(1)(iii) -- CASE submits that without its participation in these proceedings in bringing this contention to the Board's attention and presenting it for litigation, a complete and sound record cannot be developed in these proceedings, and a decision will be made based on incomplete information vital to a proper decision.
2.714(a)(1)(iv) -- There is no other party which can represent CASE's interest on this contention.
CASE is the only remaining Intervenor.
The NRC Staff has taken a strong advocacy position in favor of the Applicants' receiving their operating license.
2.714(a)(1)(v) -- The Board's acceptance of this contention will not broaden the issues or delay the proceeding. As stated in CASE's 8/26/82 Motion, if Applicants do not possess or have access to the documents requested in CASE's Twelfth Set to Applicants, we will be prepared to go forward on this contention at the September hearings; and the evidence will be contained in the information which is developed during the testimony which will be forthcoming in the September hearings.
For the preceding reasons, CASE hereby moves that the Board grant CASE leave to file this Supplement to its 8/26/82 Motion to Add New Contention 26, and grant CASE's Motion to Add New Contention 26.
Respectfully submitted, j
2K-%) b prs".) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk
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Dallas, Texas 75224
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. A,F UNITED STATES OF AMERICA "J.?
NUCLEAR REGULATORY COMMISSION -
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BEFORE THE ATOMIC SAFETY AND LICENSING BOAR _D.
W SEP 14 41:30 In the Matter of I
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I CFFICE.0F SEcrit f;.o APPLICATION OF TEXAS UTILITIES I
Docket Nos.0 044$G & SEi<vTr 5
GENERATING COMPANY, ET AL. FOR AN I
and 50-44ffANCH OPERATING LICENSE FOR COMANCHE I
~
PEAK STEAM ELECTRIC STATION I
UNITS #1 AND #2 (CPSES)
I CERTIFICATE OF SERVICE By my signature below, I hereby certify that true and correct copies of' CASE'S SUPPLEMENT TO CASE'S 8/26/82 MOTION TO ADD NEW CONTENTION 26 have been sent to the names listed below this lith day of Secromher
, 1982, by:
EXmzzXMcA)l where indicated by
- and First Class Mail elsewhere, 9/11/82 Hand-delivery at hearings 9/13/8R
- Administrative Judge Marshall E. Miller David J. Preister, Esq.
- c. [ '
U. S. Nuclear Regulatory Commission Asnistant Attorney Geheral
,i";
Atomic Safety and Licensing Board Panel Environmental Protection Division Washington, D. C.
20555 P. O.
Box 12548, Capitol Station Austin, TX 78711
('.,
- Dr. Kenneth A. McCollom, Dean
- Ms. Lucinda Minton Division of Engineering, Architecture, Panel Law Clerk and hchnology Atomic Safety and Licensing Board Panel Oklahoma State University U. S. Nuclear Regulatory Cormiission
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Stillwater, Oklahoma 74074 Washington, D. C.
20555 Dr. Richard Cole, Member Atomic Safet'y and Licensing
)
Atomic Safety and Licensing Board Board Panel i
.U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Wc:hington, D. C.',
20555 Washington, D. C.
20555
- Nicholas S. Reynolds, Esq.
Atomic Safety and Licensing Debevoise & Liberman Appeal Panel
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1200 - 17th St.,
N. W.
U.
S. Nuclear Regulatory Commission
., c.;. c W=hington, D. C.
20036 washington, D. C.
20555
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- Marjorie Ulman Rothschild, Esq.
Docketing and Service Section i.
Office of Executive Imgal Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission WXhington, D. C.
20555 Washington, D. C.
20555
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(PJr's.T Juanita Ellis, President CASE (Citizens Association for Sound Energy)_
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