ML20147C510
| ML20147C510 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 12/06/1978 |
| From: | Jeffrey Scott TEXAS PUBLIC INTEREST RESEARCH GROUP |
| To: | |
| References | |
| NUDOCS 7812180306 | |
| Download: ML20147C510 (2) | |
Text
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Nuclear Regulatory f
Commission Before Atomic Safety and Licensing Board
'Cd In the matter of
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HOUSTON LIGHTING AND POWER COMPANY
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Dec. 6, 1978
)
Docket # 50-466 (Allens Creek Nuclear Generating
)
Station)
)
)
BILL OF EXCEPTIONS RELATED TO ORDER RULING ON TEX-PIRG's MOTION On October 30, 1978:, Petitioner Texas Public Interest Research Group l
(TexPIRG) filed a motion requesting the Board to remove certain restrictions on admissible contentions in the above-styled proceeding.
TexPIRG is in receipt of an Order denying said motion, and therefore continuing to require concentions to be related to "new evidence" or changes in plant design since 1975.
TexPIRG herein files this bill of exceptions to that ruling.
l TexPIRG's position on this motion is clearly outlined in its Motion f
o f Oc t. 30, 1978 and its subsequent memorandum supporting that document.
j Briefly reiterated, TexPIRG obj ects to the ruling on its instant l
motion, because: (1) a final judgement has not been rendered in this 1
1 proceeding, and TexPIRG was not a party to the prior hearing of 1975, 1
and thus neither collateral estoppel or res.
judicata ma be applied; (2) no party has shown unconscionable delay and prejudice may result from a full hearing at this time; (3) the interests of the public, par-ticularly with respect to ensuring full compliance with NEPA, outweigh any damage that may accrue to Applicant due to a full hearing before the Board at this time ; and (4) assuming, for the sake of argument, that some form of "new evidence" rule were appropriate, the t$oard, in h
its ruling, apparently applies such restrictions to issues lef t N
uncon-o sidered in the March, 1975 hearing., a choice TexPIRG oelieves to violate z
the thrust of the Appeal Board decision in this matter in December, 1975.
N In relation to the fourth factor above, TexPIRG would point out L
that the transcripts of the March, 1975 hearing coes not Indicate that 00 ce health and safety issues, beyond those related to site suitability, wora ravAewed tyet the Board apparently applies a "new evidence"
2 a
rule on these contentions as well.
For the reasons cit'd above, TexPIRG files these exceptions e
to the Board's Order of. November 30, 1978.
Respectfully Submitted,
/
/
James Scott, Jr.
Counsel for.TexPIRG i
CERTIFICATE OF SERVICE I, James Scott, hereby certify that this instrument, entitled Bill of i
Exceptions Related to Order Ruling on TexPIRG's Motion, has been served upon the following by deposit in U.S. Mail, First Class, on December 1
7, 1978.
Sheldon Wolfe, Esq.
ASLB Chairman j
U.S. Nuclear Regulatory Commission Washington, D.C. 205f5 l
Jack Newman, Esq.
1025 Connecticut' Ave. NW l
Washington, D.C. 20555 Richard Lowerre Asst. Atty. General, Texas P.O. Box 12548 Capitol Station
- Austin, TX 78711 Steve Schinki, Esq.
U.S. Nuclear Regulatory Commission j
.D.C.
20555-Docketing and Service Section Office of the Secretary 1
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 t
J. Gregory.Copeland Baker-&,Botts 8A.
ust n
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