ML20072K181
| ML20072K181 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/25/1983 |
| From: | Mattox J TEXAS, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8303300411 | |
| Download: ML20072K181 (6) | |
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,,1 DOCKETED USMP.C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION TG r.AR 28 P1:30 BEFORE THE ATOMIC SAFETY AND LICENSING ' BOAR ' I [
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In the Matter of S
Docket Nos. 50-445 and S
50-446 TEXAS UTILITIES GENERATING S
COMPANY, et al.
S
( Application for S
Operating Licenses)
(Comanche Peak Steam S
Electric Station, Units S
1 and 2)
S March 25, 1983 MOTION BY THE STATE OF TEXAS FOR STAY OF EVIDENTIARY HEARING Jim Mattox, Attornr y General of the State of Texas, hereby makes this motion under the provisions of 10 C.F.R. S2.703(b),
S2.711(a), and S2.715(c) for a stay of the evidentiary hearing scheduled to begin April 4, 1983.
I.
Introduction i
l l
The Attorney General of Texas is the chief legal representa-tive of the State of Texas.
On January 3, 1983, Jim Mattox was sworn into office as Attorney General of Texas.
Since taking office, the Attorney General has worked earnestly to achieve a transition and assume the many duties of the Office of the j
Attorney General.
I l
The State of Texas is an " interested state" in the Comanche Peak nuclear power plant licensing proceeding within the meaning l
l l
8303300411 830325 PDR ADOCK 05000 18b3
of 10 C.F.R.
S2.715(c), and accordingly, will be afforded "a reasonable opportunity to participate and to introduce evidence,
interrogate witnesses, and advise the Commission.
As chief legal representative of the State of Texas, Attorney General Mattox desires to participate in these proceedings in the interest of protecting the health, safety and welfare of its citizens.
Since taking office, the Attorney General has learned of serious allegations concerning the structure and integrity of pipe supports at Comanche Peak under normal operating conditions and in the event of a loss-of-coolant accident.
Discovery of information concerning the merit of these allegations is highly complex and technical.
The Attorney General is also concerned about the adequacy of emergency planning for the people of the State of Texas who live near the nuclear power plant.
The Attorney General, on behalf of the State of Texas, hereby moves for a stay of the evidentiary hearing scheduled to commence April 4, 1983 in Fo r t Wo'r th, Te x as, for a period of ninety days, to allow the State an adequate time to avail itself of discovery on these allegations and to prepare for hearing.
II.
Discussion The Nuclear Regulatory Commission staff recently completed a study of the allegations of faulty pipe supports made by Messrs.
Walsh and Doyle.
(NRC Inspection Report 50-445/82-26; 50-445/82-14).
This report, the product of several months of -
=
t study by a special inspection team of the NRC, apparently confirms some of the pipe support allegations, finds that some allegations are "not substantiated," and finds that other allegations require further study.
The parties to this proceeding have not been accorded a sufficient opportunity to meaningfully review and evaluate this technical report and supporting data.
The State of Texas desires adequate time to prepare for the hearing presently scheduled to begin April 4, 1983.
Further, the County Judge for Somervell County recently raised concerns about the adequacy of the siren warning system in Somervell County.
The State of Texas would like adequate time to prepare to address this issue at the hearing scheduled for April 4,
1983.
10 C.F.R.
S2.703(b) provides that:
The time and place of hearing will be fixed with due regard for the convenience of the parties or their respresentatives, the nature of the proceeding, and the public interest.
The nature of the upcoming evidentiary hearing is highly complex and technical; fundamental questions of public safety are involved; and the Board has allowed the State inadequate time to I
prepare for these hearings.
The Atomic Safety and Licensing Board has the authority under 10 C.F.R. S2.711(a) to extend the time limits to prepare for this hearing upon a showing of " good cause."
l While recognizing that this motion will delay the hearing for a short time, as a matter of comity and in the interest of i
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developing a complete record, the Atomic Safety and Licensing Board should recognize the unique circumstances created by the electoral process in Texas, and allow the State of Texas a fair and adequate opportunity to prepare to participate in the hearings on the important health and safety questions involving the Comanche Peak nuclear power plant.
III.
Conclusion For the foregoing good reasons, the Attorney General of Texas, on behalf of the State of Texas, requests a stay of the upcoming evidentiary hearing for a pe iod of ninety days.
Resp < ctfully bu minted, h
JIM MATTOX ATTORNEY GENERAL OF TEXAS P.
O.
Box 12548, Capitol Station Austin, Texas 78711 DAVID RICHARDS Executive Assistant JIM MATHEWS Chief, Environmental Protection Division DAVID J.
PREISTER Assistant Attorney General Environmental Protection Division T '.
UNITED STATES OF AMERICA dU NUCLEAR REGULATORY COMMISSION
"~
'03 IIM 28 p;;39 BEFORE THE ATOMIC SAFETY AND LICENSING (BOARD.,
u..
r
.. in
" Q.{jGU;h In the Matter of S
Docket Nos. 50-445 an'd S
50-446 TEXAS UTILITIES GENERATING S
COMPANY, et al.
S (Application for S
Operating Licenses)
(Comanche Peak Steam S
Electric Station, Units S
1 and 2)
S March 25, 1983 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Motion by the State of Texas for Stay of Evidentiary Hearing in the above-captioned matter were served upon the the following persons by deposit in United States mail first-class postage prepaid, or by Federal Express where indicated, this 25th day of March, 1983:
Marshall E. Miller, Esq.
Atomic Safety and Licensing Chairman, Atomic Safety and Board Panel Licensing Board U.S. Nuclear Regulatory U.S.
Nuclear Regulatory '
Commission Commission Washington, D.C.
20555 4350 East / West Highway Bethesda, Maryland 20814 Lucinda Minton, Esq.
( Federal Express)
Atomic Safety & Licensing Board i
Dr. Kenneth A. McCollom U.S.
Nuclear Regulatory l
Dean, Division of Engineering Commis sion Architecture and Technology Washing ton, D.C.
20555 Engineering - North III l
Oklahoma State University Marjorie Ulman Rothschild, Esq.
Stillwater, Oklahoma 74074 Maryland National Bank Bldg.
(Federal Express) 7735 Old Georgetown Road Room 10105 Dr. Walter H.
Jordan Bethesda, Maryland 20014 Administrative Judge (Federal Express) 881 W.
Outer Drive l
Oak Ridge, Tennessee 37830
[
( Federal Express) i
w a
Atomic Safety and Licensing Mr. John Collins Appeal Panel Regional Administrator, U.S. Nuclear Regulatory Region IV Commission U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission 611 Ryan Plaza Drive Nicholas S.
Reynold s, Esq.
Suite 1000 Debevoise & Liberman Arlington, Texas 76011 1200 - 17th St.,
N.W.
Washington, D.C.
20036 Mr. Scott Stucky
( Federal Express)
Docketing & Service Branch U.S. Nuclear Regulatory Mrs. Juanita Ellis Commission President, CASE Washington, D.C.
20555 1426 Polk Street Dallas, Texas 75224 Mr.
R. J.. Gary
( Federal Express)
Executive Vice President and General Manager Lanny Alan Sinkin Texas Utilities Generating Co.
838 East Magnolia Avenue 2001 Bryan Tower San Antonio, Texas 78212 Dallas, Texas 75201
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March 25, 1983 HAND DELIVERED Honorable James P.
Gleason Chairman Honorable Frederick J.
Shon Honorable Oscar H.
Paris Administrative Law Judges Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, DC 20555 Re:
Consolidated Edison Company of New York,.
Inc. and Power Authority of the State of New York (Indian Point Units 2 and 3),
Docket Nos. 50-247 SP and 50-286 SP
Dear Administrative Law Judges:
As a part of completing discovery proceedings in this matter, I have spoken to Craig Kaplan, representing New York City Council members, Henry J.
McGurren, NRC Staff lawyer, and Tom Farrelly, Con Ed's lawyer, about an examination upon oral. questions of a prospective New York City Council member's witness, David A.
Schlissel.
All parties agreed to allow the deposition of David A.
Schlissel to be taken on April 13th, after the date for submission of testimony on Question 6.
This schedule reflects an accc=.cdation to Mr. Kaplan.
Mr. Kaplan has agreed ~to inter cse nc. cbjecti:n c licensees
. filing supplemental responsive testimony on matters raised by Mr. Schlissel, thrcugh A:ril if, 19C3.
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