ML20079N553
| ML20079N553 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 01/25/1984 |
| From: | Silverman D HOUSTON LIGHTING & POWER CO., NEWMAN & HOLTZINGER |
| To: | Bechhoeffer C, Eva Hill, John Lamb Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8401300260 | |
| Download: ML20079N553 (5) | |
Text
m LAW CJTICES NEWMAN & HOLTZINGER, P. C.
1025 CONNECTICUT AVENUE,. N. W.
000mm ObNEC WASHINGTON. D. C. 20036 202 862 8400
'64 JAN 27 50:33 January 25, 1984 CFFICf 0F SECiidia 00CXEny;&SERUI.
BRANcq 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 Hil.1, North Carolina 27514 Ernest E. Hill Administrative Judge Lawrence Livermore Laboratory University of California Post Office Box 808, L-46 Livermore, California 94550 RE:
Houston Lighting & Power Co. et al.
South Texas Project, Units 1 & 2 Docket Nos. STN-50-498, STN-50-499
Dear Members of the Board:
On January 14, 1984, Citizens Concerned About Nuclear Power (CCANP) served upon the Board and the parties to this proceeding a " Supplement" to its proposed findings of fact and conclusions of law for Phase I, in which it directed the Board's attention to a recent Atomic Safety and Licensing Board scheduling order in the Comanche Peak operating license proceeding.*/
CCANP's filing is not authorized by the Board's order scheduling proposed findings of fact and conclusions of law for Phase I,**/ or by applicable Commission
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Supplement to Citizens Concerned About Nuclear Power (CCANP) Proposed Findings of Fact and Conclusions of Law (January 14, 1984).
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Memorandum (June 24,1982) at 2.
h 8401000260 840125 PDR ADOCK 05000498 G
O.
NEWMAN & HOLTZINGER, P. C.
Charles Bechhoeffer, Esquire Dr. James C. Lamb, III Ernest E. Hill January 25, 1984 Page Two regulations,*/ and was submitted without a request for leave to depart from the schedule established by the Board for sub-mitting findings on the Phase I issues.
Where new judicial or administrative decisions relevant to the issues before the Commission's adjudicatory boards are rendered subt:.equent to the conclusion of the parties' authorized prssentations, a party who wishes to inform the Board of such decisions must request leave to file a short supplementary memorandum calling the Board's attention to the relevant authority.
Consumers Power Co. (Midland Plant, Units 1 and 2) ALAB-115, 6 AEC 257 (1973).
CCANP has filed no such request.
Furthermore, the Comanche Peak Licensing Board's sched-uling order, which is the basis for CCANP's filing, is neither relevant nor material to the Phase I. issues, and simply identifies some potential ramifications of as yet unlitigated allcgations in that proceeding.**/
It is apparent that CCANP has simply chosen this oppor-tunity to repeat to the Board arguments already made in its proposed findings.
Since these have been amply responded to in our previous filings,***/ we see no reason to respond again or to burden the Board with the task of rejecting
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10 CFR S 2.754 (a).
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It is also obvious that CCANP has not called the Board's attention to any new factual information warranting the Board's consideration.
Even if such factual information were available, the appropriate mechanism for CCANP to present such information to.the Board would be by way of a motion to reopen the record.
- / With particular reference to Issue E, the conformity of the concrete, welding and backfill with NRC requirements was thoroughly litigated in Phase I and addressed in paragraphs 186-239 of our proposed findings filed on August 6, 1982 and paragraphs 106-108 of our reply find-ings filed on October 18, 1982.
C e.
~
NEWMAN & HOLTZINGER, P. C.
Charles Bechhoeffer, Esquire Dr. James C.-Lamb, III Ernest E. Hill January 25, 1984 Page Three CCANP's submission.
The Board may, however, wish to remind CCANP of its obligation to adhere to accepted procedures in this proceeding.
Respectfully submitted,
- N '.-
Jack R. N6kman Maurice Axelrad Alvin H. Gutterman Donald J. Silverman 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 Finis E. Cowan 3000 One Shell Plaza Houston, Texas 77002 Dated:
January 25, 1984 ATTORNEYS FOR HOUSTON LIGHTING
& POWER COMPANY, Project Manager net: MAN & HOLTZINGER, P.C.
of the South Texas Project acting 1025 Connecticut Avenue, herein on behalf of itself and N.W.
the other Applicants, THE CITY OF Washington, D.C.
20036 SAN ANTONIO, TEXAS, acting by and through the City Public Service BAKER & BOTTS Board of the City of San Antonio 3000 One Shell Plaza CENTRAL POWER AND LIGHT COMPANY, Houston, Texas 77002 and LiiY OF AUSTIN, TEXAS cc:
Certificate of Service
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY NND LICENSING BOARD In the Matter of
)
)
HOUSTON LIGHTING & 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' letter to the Atomic Safety and Licensing Board dated January 25, 1984 have been served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid, on this 25th day of January, 1984.
Charles Bechhoefer, Esq.
Brian Berwick, Esq.
Chairman, Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texas Board Panel Environmentnl Protection U. S. Nuclear Regulatory Commission Division Washington, D.C.
20555 P. O. Box 12548, Capitol Station Austin, TX 78711 Dr. James C. Lamb, III Administrative Judge William S. Jordan, III, Esq.
313 Woodhaven Road Harmon & Weiss Chapel Hill, NC 27514 1725 I Street, N.W.
Washington, D.C.
20006 i
Ernest E. Hill Administrative Judge Kim Eastman, Co-coordinator l
Lawrence 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 Mrs. Peggy Buchorn San Antonio, TX 78233 Executive Director L
Citizens for Equitable Lanny Sinkin Utilities, Inc.
114 W.
7th, Suite 220 Route 1, Box 1684 Austin, TX 78701 Brazoria, TX 77422
.. 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 i:
Washington, D.C.
20555 l-&t V tS' i
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