ML20072A612
| ML20072A612 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 06/08/1983 |
| 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 8306100200 | |
| Download: ML20072A612 (5) | |
Text
l LAW OFFICES LOWENSTEIN, NEWMAN, REIS & AxELRAD, P. C.
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- 1025 CONNECTICUT AVENUE, N. W.
WASHINGTON, D. C. 20036 stCs m. htwM*=
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Charles Bechhoeffer, 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 Chapel Hill, North Carolina 27514 Ernest E. Hill Administrative Judge Lawrence Livermore Laboratory l
University of California Post Office Box 808, L-46
(
Livermore, California 94550 1
RE:
Houston Lighting & Power Co. et al.
South Texas Project, Unit.s 1 T 27 Docket Nos. STN-50-498, STN-50-499
Dear Members of the Board:
l l
Applicants have reviewed the letter and pleadings filed i
by CCANP on June 2, 1983 and offer the following comments:
(1)
The Board's May 11, 1983 Memorandum and Order.*/
granted CCANP until May 31, 1983 to respond to the substan-
,tive arguments raised by the NRC Staff and Applicants in
-*/
Memorandum and Order (Granting in part CCANP's request for an extension of time to respond to various motions)
(May 11, 1983).
8306100200 830608 PDR ADOCK 05000498 G
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if'p ts LowzusTraw, NzwwAw, Rzzs ;& Ax21aa, P. C. J j
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1 Charles EeUbhoeffer, Esqui're
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4 C. Lamb
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Dr. James lH?ll Ernest E.
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June 8, 1983
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Page Two y\\\\
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i oppo ition toTi Q(otion for New Contention on Applipa,nts' financial qualifications.
On Jure Q, CCANP filed'a' document styled as o.stpp,lement to its mo ion.*/ cIn Applicancs' view, CCANP's plea %ing still fails to dent'[fy, any special' circum-stances with respect to the.Sout Texas Project which'would justify a Vinding that the 3952* amendments tb the financial f
qualifications regulations wbuld nde serve their intended purposel;in this case.
Since CCANPbmdda notnew ahgum$nts'in its pleading, Applicants do not bjelieve an additional response on their part is necessary.
However, we do wish to point out that although;CCANPjhad previously requested that the Board defer ruling on its motion so that it could cure the failure to submit a sworn affidavit pursuant to 10 CFR S 2.758,**/
CCANP has lstilh not submittedithe3 affidayit required by 10 CFR S.2.~758.
Applicants believ3 3 hat CCANP's Motion for New Contention it ripe for'decisioy!'and should be denied.
(2)
Although the Poard grantpd CCANP 's -yequestt,
extension of time to respond to Applicants' Motion to'for an Compel Answers to its Sixth Set' of Interrogatories andfTor Leave to File Additional Interrogatories @has now stated that it does( April 18, 19 8 3) ~,
o CCANP CCANP has failed to respond,and' not intend to respond.****/. Applicants therefore believe that their motion to compel,is ripe for decision, and shoul'd be
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granted.
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- Q (3)
Finally.
n June 2,' CCAMP arao filed a document 7
styled as CCANP's
,sponhe to Applicaqts'. Motion to Compel Answers to its Seventh Set of Int.errogatories and Requests for Production of Documbhts to CCANT,.but purporting to respond to Applicants Seventh Set of/ Interrogatories.
The Board had granted CCANP until May 31; 1983 to respond either
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s,
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CCANP Supplement to March 18, 1983 Motion for New Contention (dated May 30, 1983, and' filed June 2, 1983).
'~
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CCANP Motion for Deferral of P.ulings'and Extension of Deadlines at 1-2 (April 20,fl983).
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- / Memorandum and Order,at 4 (May 11, 1983).
- /CCANP Letter to the Board'(June 2, 1983).
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> r bwswzr:xw, NawwAw, Rzza & Axst.3AD, P. C.
I I Charles Bechhoeffer, Esquire Dr. James C. Lamb Ernest E. Hill-June 8, 1983 Page Three to Applicants' interrogatories or their motion to compel.
Although on their face CCANP's answers are not responsive to Applicants' questions, Applicants are still considering whether to pursue more responsive answers.
Accordingly, l
Applicants request that the Board not rule on their motion to compel.
Respectfully submitted, ff Y^~
jfack R. Newman
/
Of Counsel:'
Lowenstein, Newman, Reis t
& Axelrad, P.C.
1025 Connecticut Avenue, NW Washington, D. C.
20036 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.
l cc:
Certificate of Service
A.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD t
In the Matter of
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)
HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498 OL COMPANY, ET AL.
)
50-499 OL
)
(South Texas Project, Units 1 )
and 2)
)
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CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' letter to the Atomic Safety and Licensing Board dated June 8, 1983, have been served on the following individuals and entities by deposit in the United Statesimail, first class, postage prepaid, on this 8th day of June,.1983.
Charles Bethhoefer, Esq.
Brian Berwick, Esq.
Chairman, Administrative Judge Assistant Attorney General Atomic Fafety and Licensing for the State of Texas Board Panel Environmental Protection U.S. Nuclear Pegulatory Commission Division Washington, D.C.
20555 P.O. Box 12548, Capitol Station Austin, TX 78711 Dr. James C.
Lamb, III Adninistrative Judge William S. Jordan, III, Esq.
313 Woodhaven Rcad Harmon & Weiss Chapel Hill, NC 27514 1725 I Street, N.W.
Washington, D.C.
20006
. Ernest E. Hill Admin _rtrative Judge Kim Eastman, Co-coordinator Lawrcr.re Livermore Laboratory Barbara A. Miller University of California Pat Coy
- P.O. Box 808, L-46 Citizens Concerned About Livermore, CA 94550 Nuclear Power 5106 Casa Oro Mrc. Peggy Buchorn San Antonio, TX 7823?
Executive Director Citizens for Equitable Lanny Sinkin Utilities, Inc.
2207-D Nueces Route 1, Box 1684 Austin, TX 78705 Brazoria, TX 77422 1
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- I Robert G.
Perlis, 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
l$19$4 J L-/ uit.
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