ML20147C158
| ML20147C158 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 09/28/1978 |
| From: | Copeland J HOUSTON LIGHTING & POWER CO. |
| To: | |
| References | |
| NUDOCS 7810110294 | |
| Download: ML20147C158 (6) | |
Text
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NRC PUBLIC DOCUMyyy g99 fgf y
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UNITED STATES OF AMERICA k
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NUCLEAR REGULATORY COMMISSION 6
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BEFORE THE ATOMIC SAFETY AND LICENSING BOA N
In the Matter of S
S HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 5
(Allens Creek Nuclear Generating S
Station, Unit 1)
S APPLICANT'S ANSWER TO AMENDED PETITION AND MOTION _OF T. PAUL ROBBINS Applicant is in receipt of a document from Mr.
T.
Paul Robbins, dated August 28, 1973, consisting of two handwritten pages and three typewritten pages.-1/
Mr. Robbins' filing fails to cure, in any way, the defects noted by the NRC Staff and the Applicant in their raspective responses to Mr. Robbins' initial petition.
The essence of the Robbins' document remainc "'
n as to the overall water supply in the State he links in some unspecified way to the '
The petition is defective in that Mr. Robbins' personal interest is af impact of ACNGS operation on water ava
.ns' only particular allegation in suaport or 1.
.at 1/
The handwritten pages complain of the time lims 1 imposed by the Board and NRC regulations with respect to the filing of contentions.
If treated as a motion for j
an, extension of time, the request should be denied because no acod'cause is shown for any further extension, lkldllMC19Y
)
l use of water for.ACNGS "will.cause economic hardhsip to myself j
as a citizen of Central Texas, as well as general hardship to the overall state,"
In order to give credence to this type of argument one must assume that the operation of ACNGS 2/
would appreciably enhance any existent water shortage, which would then cause an economic hardship to the State of Texas and Mr. Robbins in particular.
This stacking of assumptions j
demonstrates hat Mr. Robbins' assertions of injury are too speculative to be within the zone of interests arguably pro-tected by NEPA.
- See, e.g. Exxon Nuclear Company, Inc. (Nuclear i
Additionally, Mr. Robbins' petition does not tie his alleged " economic interest" to any specific environmental harm beyond a very vague and generalized illusion to the " recreational benefits" of Texas' availan.c water supply.
Such an interest, which is purely economic and unrelated to' specific environmental harm is not within the zone of interests protected by the Atomic Energy Act or NEPA.
Tennessee Valley Authority (Watts Bar NucJear Plant, Units 1 and 2), ALAB-413, 5 NRC 1418, 1421 (1977); Long Island Lighting Co.,
(Jamesport Nuclear Power Station, Units 1 and 2), ALAB-292, 2 NRC 631, 638-640 (1975).
As the NRC Staff pointed out in its answer to the initial petition, Mr. Robbins' filing:
2/
The assumption is particularly difficult for Mr. Robbins since the Board previously concluded that the " consumptive use of water" w;s not a matter of " overriding importance" at-the Allens Creek site.
2 NRC 776 at 793 (1975). ~,
J
...can only be interpreted as an attempt to act as a private attorney general in order to pro-text the interests of the citizens of Texas.
There is no provision in the Commission's regu-lations for parties to act in such capacity.
Long Island Lighting Co. (Shoreham Nuclear Power Station, Unit 1), LB-77-ll, 5 NRC 481, 484 (1977).
The document dated August 28 does nothing to alter the thrust of Mr. Robbins' initial filing.
He continues to seek to act as a " private attorney general" and should be denied status as a party-intervenor.
To the extent that the interests of the State of Texas are affected by the proceeding, those interests are alrerdy represented by the Attorney General of Texas who will participate in this proceeding pursuant to 10 C.F.R. S 2.715.
In this regard, the State of Texas has had ample opportunity to decide whether ACNGS would adversely impact the State's water resources.
The fact is that the Texas Department of Water Resources, the agency responsible for the water resources of the State of Texas, has twice approved this project.
(See ER Supplement, Appendix SI, p. SI-5).
For all of the foregoing reasons, Mr. Robbins' petition should be denied.
Respectfully submitted, s
- v4f, J.
regory pe nd' Egg,
~
Ch r les G.
hr h, Jr.,
Esq.
3 Og One S ell Plaza Houston, Texas 77002 J,
i Jack R.
Newman, Esq.
Robert H. Culp. Esq.
1025 Connecticut Avenue, N. W.
Washington, D. C.
~20036 i
Attorneys for Applicant i
HOUSTON LIGHTING & POWER COMPANY OF COUNSEL:
BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS
& AXELRAD 1
1025' Connecticut Avenue, N. W.
Washington,.D. C.
20036 l
P o
A C
9
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING EOARD In the Matter of 9
S HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 5
(Allens Creek Nuclear Generating 9
Station, Unit 1) 5 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Answer to Amended Petition and Motion of T. Paul Robbins in the above-captioned proceeding were served on the following by deposit in the United States mail,, Mpostage prepaid, or by hand-delivery this A8/A day of 2
, 1978.
i Sheldon J. Wolfe,.Esq., Chairman Richard Lowerre, Esq.
Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P.
O. Box 12548 Washington, D.
C.
20555 Capitol Station Austin, Texas 78711
.Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Jerry Sliva, Mayor Watkinsville, Georgia 30677 City of Wallis, Texas 77485 Mr. Glenn O. Bright Hon.
J.
Lee Dittert, Jr.
Atomic Safety and Licensing County Judge, Austin County Board Panel P.
O.
Box 99 U.S. Nuclear Regulatory Commission Bellville, Texas 77481 Washington, D.C.
20555 Atomic Safety and Licensing Chase R.
Stephens Appeal Board Docketing and Service Section U.S. Nuclear Regulatory Office of the Secretary of the Commission Commission Washington, D.
C.
20555 U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Atomic Safety and Licensing Board Panel R.
Gordon Gooch, Esq.
U.
S. Nuclear Regulatory Baker & Botts Commission 1701 Pennsylvania Avenue, N.
W.
Washington, D.
C.
20555 Washington, D.
C.
20006
Steve Sohinki, Esq.
Staff Counsel U. S. Nuclear Regulatory Commission Washington, D.
C.
20555 T. Paul Robbins c/o AFSC 600 West 28th Street, #102 Austin, Texas 78705 John F. Doherty Armadillo Coalition of Texas 4438 1/2 Leeland Houston, Texas 77023 Wayne E. Rentfro P. O. Box 1335 4
Rosenberg, Texas 77471 James Scott, Jr.
8302 Albacore Houston, Texas J
Gregory o
and/
A morney for HOUSTON LIGHTING & POWER COMPANY a -
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