ML20128A027
| ML20128A027 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 11/25/1992 |
| From: | Edgar G NEWMAN & HOLTZINGER, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#492-13411 92-668-01-CPA, 92-668-1-CPA, CPA, NUDOCS 9212030151 | |
| Download: ML20128A027 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COKMISSION
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ATOMIC SAFETY AND LICENSIN3 BOARD
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In the Matter of
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Docket No. 50-446-CPA TEXAS UTILITIES ELECTRIC COMPANY, )
ASLBP NO. 92-668-01-CPA i
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(Construction Permit (Comanche Peak Steam Electric
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Amendment)
Station, Unit 2)
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TEXAS UTILITIES ELECTRIC COMPANY'S ANSWER TO NOTION TO COMPEL DISCLOSURE OF INFORMATION l
SECRETED BY RESTRICTIVE AGREEMENTS On November 18, 1992, Petitioners B.
Irene Orr, D.I. Orr, Joseph Macktal, Jr. and S.M.A. Hasan filed a mo' tion requesting that this Board (1) " declare null and void" certain f
provisions in settlement agreements between Texas Utilities Electric Company ("TU Electric") and the former minority i
owners of the Comanche Peak Steam Electric Station ("CPSES");
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and (2) permit the Petitioners to engage in wide-ranging discovery of TU Electric and the former minority owners in order to allow Petitioners "to file additional contentions before this Board and/or to file additional information in support of the previously filed contention." 1/
For.the
'casons which follow Petitioners' Motion must be denied.
1.
In requesting this Board to declare null and void portions of settlement agreements between TU Electric and the former CPSES minority owners, Petitioners seriously i
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Motion to Compel at 2.
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- misapprehend the scope of this Board's jurisdiction.
As the Board is well aware, NRC licensing boards "are delegates of the Commission and exercise only those powers which the Commission has given [them)."
Northern Indiana Public Service Company (Bailly Generating Station, Nuclear 1), ALAB-249, 8 AEC 980, 987 (1974); Public Service Co. of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB 316, 3 NRC 167, 170 (1976).
In this case, the Board has been authorized only to consider petitions to intervene, requests for hearings and to preside over a hearing on TU Electric's application for a construction permit amendment if one is ordered. 2/
The delegation of authority to the Board cannot be construed to encompass declaring null and void settlement I
agreements between TU Electric anu the former CPSES minority l
owners.
Accordingly, the Petitioners' requested relief must be denied.
2.
Petitioners also request that the Board permit them to engage in substantial discovery of TU Electric and the former minority owners.
According to Petitioners, this discovery is necessary in order to allow them to file additional contentions end/or to provide additional support for their previously filed contention.
Petitioners' request l
2/
57 Fed. Reg. 37,175 (1992).
The scope of any such hearing is, of course, limited as explained by the Commission in Texas Utilities Electric Co. (Comanche Peak Steam Electric Station Unit 1), CLI-86-15, 24 NRC 397 (1986).
' for discovery must also be denied.. NRC case law clearly and unequivocably establishes that a petitioner seeking to intervene is not entitled tua discovery either to f rame a contention or to provide support for a previously filed contention.
See Northern, States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2), ALAB-107, 6 AEC 188, 192, recons, denied, ALAB 110, 6-AEC 247, aff'd, CLI-73-12, 6 AEC 241 (1973); Public Service Co. of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-942, 32 NRC 395, 426-27 (1990).
For the foregoing reasons TU Electric respectfully requests that the Petitioners' Motion to Compel be denied in its entirety.
Respectfully submitted, s
Robert A. Wooldridge, Esq.
M rge d dgaf V Worsham, Forsythe, Sampels Thomas A. Schmutz.
& Wooldridge Steven P. Frant:
2001 Bryan Tower Paul J.-Zaffuts Suite 3200 Newman & Holt:inger, P.C.
Dallas, TX 75201
. Suite 1000 (214) 979-3000 1615 L Street, N.W.
Washington, D.C.
20036 (202) 955-6600 Attorneys for TU Electric November 25, 1992
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- tri.ilD UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 92 s 25 P12 36
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In the Matter of
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Docket No. 50-446-CPA TEXAS UTILITIES ELECTRIC COMPANY, )
ASLBP NO. 92-668-01-CPA
)
(Construction Permit (Comanche Peak Steam Electric
)
Amendment)
Station, Unit 2).
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of TU ELECTRIC'S ANSWER TO MOTION TO COMPEL DISCLOSURE OF INFORMATION SECRETED BY RESTRICTIVE AGREEMENTS were served upon the following persons by deposit in the United States Mail (except as indicated below), postage prepaid and properly addressed, on the date shown below:
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Adjudicatory File Washington, D.C.
20555 (Two Copies)
Office of the Secretary
- U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Attention:
Chief, Docketing and Service Section (Original Plus Two Copies)
- Served by Hand
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',j Administrative Judge
- Morton B. Margulies, Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Conadssion Washington, D.C.
20555 Administrative Judge
- James H. Carpenter Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Administrative Judge
- Peter S. Lam Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Janice E. Moore Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Marian L. Zobler Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Michael H. Finkelstein Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 t
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~ hs Sandra Long Dow R. Micky Dow 322 Mall Blvd., #147 Monroeville, PA 15147 Michael D. Kohn Stephen M. Kohn Kohn, Kohn and Colapinto, P.C.
517 Florida Ave., N.W.
Washington, D.C.
20001 Dated this 25th day of November, 1992.
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Suite 1000 1615 L Street, N.W.
Washington, D.C.
20036 (202) 955-6600
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