ML20079F696
| ML20079F696 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 06/04/1982 |
| From: | Axelrad M JOINT APPLICANTS - SOUTH TEXAS PROJECT |
| To: | NRC COMMISSION (OCM) |
| References | |
| ISSUANCES-OL, NUDOCS 8206080141 | |
| Download: ML20079F696 (5) | |
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UNITED STATES OF AMERICA I
NUCLEAR REGULATORY COMMISSION
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BEFORE THE NUCLEAR REGULATORY COMMISSION
- g;;
,.4 P352 In the Matter of
)
)
HOUSTON LIGHTING & POWER
)
Docket Nos. 50-498 OL COMPANY, ET AL.
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50-499 OL
)
(South Texas Project, Units 1 )
and 2)
)
APPLICANTS' RESPONSE TO CCANP MOTION TO STRIKE ASLB PANEL AMICUS BRIEF i
l On June 1, 1982, CCANP served on the parties to this l
proceeding its reply brief in response to the Nuclear Regulatory Commission's Order of May 6, 1982, and an accompanying motion to strike the amicus brief of the Atomic Safety and Licensing Board Panel (ASLB Panel), both dated May 29, 1982.
Applicants oppose the motion to strike; the reasons cited by CCANP are insufficient basis to strike a brief and as noted in Applicants' reply brief, it enhances the decisionmaking process for the Commission to hear the views of the ASLB Panel on an issue so 6
obviously related to its experience and expertise.
CCANP appears to make essentially two arguments in support of its motion.
The first argument is that the ASLB Panel did not timely serve CCANP.
Late service is hardly a basis for l
striking a brief; less drastic remedies are available.
If CCANP did not have sufficient time to respond, it could have requested additional time.
However, the motion does not even 50 9
8206080141 820604 PDR ADOCK 05000498 G
allege that CCANP was unable to respond fully to the ASLB
(
l Panel brief.b!
CCANP's second argument is that permitting the ASLB Panel to file an amicus brief will establish a precedent for the ASLB Panel to file amicus briefs wienever an ASLB decision is 1
overturned on appeal.
Such is not the case.
Chief Administra-tive Judge Cotter explained in his transmittal memorandum the vital interest of the ASLB Panel in the standard of conduct for ASLB Panel members and the fact that none of the parties represents the interests of the ASLB Panel in this case.
These are not the types of circumstances that exist when other decisions of a Licensing Board are reversed on appeal.
In any event, if the Commission is concerned about the precedent esta-blished here, it can provide instructions to the ASLB Panel as
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The CCANP Reply Brief does assert generally that given more time CCANP could have made its brief "more comprehen-sive and professional" and that the San Antonio depository lacked certain transcripts.
However, the CCANP Reply Brief addresses the ASLB Panel Brief at various points and specifies no arguments of the ASLB Panel not made by the NRC Staff or Applicants to which CCANP was unable to reply because of time constraints.
CCANP also fails to mention that the only transcript citation in the ASLB Panel Brief was cited in Judge Hill's statement and referenced in both the NRC Staff and Applicants' briefs.
In any event, CCANP's San Antonio representative could readily have contacted the Washington counsel who represented CCANP at that hearing session to learn the circumstances surrounding the statement quoted from the transcript by the ASLB Panel Brief.
k' to whether amicus briefs should be filed in the future.
Conclusion For the foregoing reasons Applicants urge the Commission to deny the CCANP motion to strike the ASLB Panel Brief.
Respectfully submitted,
&xe Jack R.
Newman Maurice Axelrad Alvin H. Gutterman 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 Finis E. Cowan Thomas B.
Hudson, Jr.
3000 One Shell Plaza Houston, TX 77002 Dated:
June 4, 1982 Attorneys for HOUSTON LIGHTING
& POWER COMPANY, Project Manager LOWENSTEIN, NEWMAN, REIS of the South Texas Project act-
& AXELRAD ing herein on behalf of itself 1025 Connecticut Ave., N.W.
and the other Applicants, THE l
Washington, D.C.
20036 CITY OF SAN ANTONIO, TEXAS, act-ing by and through the City BAKER & BOTTS Public Service Board of the City i
3000 One Shell Plaza of San Antonio, CENTRAL POWER Houston, TX 77002 AND LIGHT COMPANY and CITY OF AUSTIN, TEXAS
k' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION J
BEFORE THE NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
HOUSTON LIGHTING AND POWER
)
Docket Nos. 50-498 OL COMPANY, ET AL.
)
50-499 OL
)
(South Texas Project, Units 1
)
and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Applicants' Response to CCANP Motion to Strike ASLB Panel Amicus Brief dated June 4, 1982, have b;sn served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid, or by crranging for delivery as indicated by asterisk, on this 4th day of June, 1982.
Chairman Nunzio J.
Palladino*
Christine N. Kohl j
U.S. Nuclear Regulatory Commission Administrative Judge l
Washington, D.C.
20555 Atomic Safety and Licensing Apg 1 Board Commissioner Victor Gilinsky*
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Wcchington, D.C.
20555 Dr. John H. Buck Commissioner John F. Ahearne*
Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Wcshington, D.C.
20555 Board U.S. Nuclear Regulatory Commission Commissioner Thomas M.
Roberts
- Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Charles Bechhoefer, Esq.
Chairman, Administrative Judge Commissioner James K. Asselstine*
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel W2shington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Alan S. Rosenthal Chairman, Administrative Judge Dr. James C.
Lamb, III Atomic Safety and Licensing Appeal Administrative Judge Board 313 Woodhaven Road U.S. Nuclear Regulatory Commission Chapel Hill, North Carolina 27514 Washington, D.C.
20555 Ernest E.
Hill Administrative Judge Lawrence Livermore Laboratory University of California L-46 P.O. Box 808,lifornia 94550 Livermore, Ca
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-... Y Mrs. Peggy Buchorn Jay M. Gutierrez, Esq.
Executive Director Office of the Executive Legal Citizens for Equitable Utilities, Director Inc.
U.S. Nuclear Regulatory Commission Route 1, Box 1684 Washington, D.C.
20555 Brazoria, Texas 77422 Atomic Safety and Licensing Appeal Brian Berwick, Esq.
Board Assistant Attorney General for the U.S. Nuclear Regulatory Commission State of Texas Washington, D.C.
20555 Environmental Protection Division Austin, Texas 78711 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission William S. Jordan, III, Esq.
Washington, D.C.
20555 Harmon & Weiss 1725 I Street, N.W.
Docketing and Service Section*
Washington, D.C.
20006 Office of the Secretary U.S. Nuclear Regulatory Commission Kim Eastman, Co-coordinator Washington, D.C.
20555 C2rbara A. Miller Pat Coy Citizens Concerned About Nuclear Power 5106 Casa Oro Sen Antonio, Texas 78233 Lanny Sinkin 2207 D-Nueces Austin, Texas 78705 4
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