ML20095C469
| ML20095C469 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 04/17/1992 |
| From: | Edgar G, Wooldridge R NEWMAN & HOLTZINGER, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC), WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#292-12823 OL, NUDOCS 9204240071 | |
| Download: ML20095C469 (5) | |
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'SQ fPR 20 P4 :26 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOK DEE_QRE THE COMML'iSJ_QM
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In the Matter of
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Texas Utilities Electric Company
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Docket Nos. 50-445-OL
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50-446-OL (Comanche Peak Steam Electric
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Station, Units 1 and 2)
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TU ELECTRIC'S ANSWER TO THE APPLICATION C
FOR HEARINGS AND ORAL ARGUMENT BY MLCKY DOW AND SANDRA LQRG DOW On April 6, 1992, Mr. Micky Dow and Mrs. Sandra Long Dow (the " Dows") filed an " Application to the Secretary for Hearings and Oral Argument in Support of Motion For Leave To Intervene Out-of-Time and Motion to Reopen the Record"
(" Application").
Texas Utilities Electric Company (" Licensee" or "TU Electric") hereby files its response in opposition to the Dows' Application for oral argument and evidentiary hearings on their untimely petition to intervene and motion to reopen.
For the reasons which follow, TU Electric requests that the Dows' 4
Application be summarily denied.
The Commission's rules state that oral argument will not be heard on a motion unless the Commission directs otherwise.
10 C.F.R. S 2.730(d).
In previous cases, the Commission has not 9204240071 920417 PDR ADOCK 05000445
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allowed oral argument where a petitioner coula not demonstrate how oral argument would assist the Commission in reaching a decision on a matter.
Egg In Ret Joseph J.
Macktal, CLI-89-12, 30 NRC 19, 23 n.1 (1989); Philadelphin Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-845, 24 NRC 220, 253 n.38 (1986).
In this case, the Dows do not even attempt to demonstrate how oral argument and evidentiary hearings would assist the Commission in deciding whether to grant the Dows' untimely petition to it.tervene and motion to reopen.
- Instead, the Dows raise several vague allegations that have absolutely nothing to do with the Dows' request for hearings and oral argument. 1/
Furthermore, the Dows' untimely petition and motion to reopen are patently deficient and do not present any novel or complex legal, factual, or policy questions, and it is
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Indeed, whether intentionally or not, the Dows have misinformed the Commission.
The Dows cJaim that Dobie llatley, Ron Jones and otters were precluded from presenting evidence to the Licensing Board and were obligated to resist any subpoena to testify.
However, the Dows are confusing the 1988 settlements between those individuals and TU Electric.with an earlier and unrelated 1987 settlement agreement between Joseph Macktal and Brown and Root.
Unlike the 1987 Macktal settlement agreement, the 1988 settlenents with Dobie Hatley, Ron Jones, and others did not include any clause which could restrain them from testifying or bringing any safety issues to-the NRC.-
Egg Letter from James E.
Lyons, Chairman Allegation Rcview Committee, CPSES Division, NRC Office of Nuclear Reactor Regulation, to Mrs. Betty Brink, Board Member of Citizens for Fair Utility Regulation, Enclosure at 10-13-(Jan. 30, 1990); See alsD Comancho Peak and Rancho Seco Nuclear Power Plants - Hearing _Before Subcomra. on Nuclear Regulation of the Senate Comm. on Environmental and Public Works, 101st Cong., let Sess. 90-94 (1989) (remarks of Sen. John Breaux).
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t 3-not apparent why oral argument or evidentiary hearings would be necessary or beneficial to the Commission in ruling on this matter.
It would be incongruous to hold evidentiary hearings on a motion to determine whether evidentiary hearings should be held.
In view of the foregoing, the Commission should summarily deny the Dows' Application for oral argument and evidentiary hearings on their untimely petition to intervene and motion to reopen.
Respectfully submitted, Of Counsel Gerge L Edgar
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Robert A. Wooldridge Steve Frantz Worsham, Forsythe, Samples, Steve A.
Linick
& Wooldridge Newman & Holtzinger, P.C.
2001 Dryan Tower Suite 1000 Suite 3200 1615 L St., N.W.
Dallas, TX 75201 Washington, D.C.
20036 (214) 979-3000 (202) 955-6600 Attorneys for Texas Utilities Electric Company April 17, 1992 l
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UNITED STATES OF AMERICA triite
'; # l NUCLEAR REGULATORY COMMISSION HEf_QRE THE CQMMISS1QH
'92 6PR 20 P 4 :27 1
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In the Metter of
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Texas Utilities Electric Company
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Docket Hos. 50-445-OL
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50-446-OL (Comanche Peak Steam Electric
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Station, Units 1 and 2)
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CERTIFICATE QE._ SERVICE I hereby certify that copies of "TU Electric's Answer to the Application for Hearings and Oral Argument By Micky Dow and Sandra Long Dow" were served upon the following persons by deposit in the United States mail, postage prepaid and properly addressed, on the date shown below:
Chairman Ivan Selin U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 i
Commissioner Kenneth C. Rogers U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
Commissioner James R. Curtiss l
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Commissioner E. Gail de Planque U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Commissioner Forrest J. Remick U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
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Janice Hoore, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission i
Washington, D.C.
20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Attn:
Chief, Docketing Service Section (Original plus two copies)
R. Mickey Dow Sandra Long Dow 8 Great Southern Shops Suite 200 Bridgeville, Pennsylvania 15017 Charles E. Mullins, Esq.
Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dated this 17th day of April, 19 92. /')?
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G60rg6*b. Edgar
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Newman & Holtzinger, P.C.
1615 L Street, N.W.
Suite 1000 Washington, D.C.
20036 (202) 955-6822
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