ML20148H266

Objection by Intervenor D Marke to ASLB Order Scheduling Prehearing Conference Re Subj Facil on 781117.Asserts That Date of Conference Presents Him W/Inadequate Time to Properly Prepare Matls.Cert of Svc Encl

ML20148H266
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	10/27/1978
From:	Marke D AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7811130415
Download: ML20148H266 (7)

Text

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a NRC PUBLIC DOCUMENT'E00M ,

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UNITED STATES OF AMERICA so NUCLEAR REGULATORY COAIMISSION 9; h)

• BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4 #[

In the matter of )

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HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466

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.( Allens Creek Nuclear Generating )

Station, Unit 1 )

Objection To Order Scheduline Prehearine Conf erence By David Mar ke On 250ctober1978, petitioner Marke was served via telephone com-munication the order scheduling the special prehearing conference on 17 November 1978 by Ms. Joyce McDow of the Atomic Safety & Licensing Board, and presumably the office Mr.Sheldon J. Wolfe, Esq. , Chairman.

At that time petitioner Marke was informed that mail service was also en route but that telephone service had been chosen due to the brevity of the time span between the order and the date specified b'y 10 C.F. R.

2. 714 (B) at which time supplemental petitions and full contentions must be filed. The petitioner pointed out that with that date being 2 November 1978 that there would not be adequate time to properly prepare the above materials with service. Ms. McDow at that time attempted to arrange a telephone conference with Mr. Wolfe, was unsuccessful due to his being at lunch, and assured the petitioner that she would initiate a return call upon his return.

Petitioner Alarke indicated his willingness to discuss the matter with Alr, Wolfe, rather than at that time filing a formal objection. As of 270ctober1978 howevea.' nn such call has been received. Petitioner reserved the right to 7 81113091f

object at the afore captioned telephone service.

Now therefore, under the provisions of 10 C.F. R. 2. 751 (d) stating

" Objections to the order may be filed by a party within five (5) days after service of the order. . . ", I do hereby formerly object that the order is untimely, and provides for unreconcilable burden upon this petitioner as 1 well as others due to the fact that there are allowed only five (5) working days from the date of service and th.e time when supplemental petitions ,

and contentions must be filed (2, November 1978).  !

1 Part 2 of The Rules of Practice repeatedly indicate that thirty (30) f days notice is required in most similar actions. 10 C. F. R. 2.104 refers q t

i specifically to a 30 day provision, as does 10 C.F. R. 2. 604 (b), which <

further references 10 C. F. R. 2.104, 10 C. F. R. 2. 705 (a) specifies that f parties shan hase twenty (20) days to answer after service of notice of 1

hearings.

Further as a matter of precedence this petitioner has in his possession  !

l a communication of 110ctober1978 from Vicki R. Harding, counsel'for [

NRC Staff in regard to Docket Nos. 50-498 and 50-499, South Texas Project j (same applicant), which is a request from NRC Staf.f to the Board hold a  ;

special prehearing conference on 30 November 1978. Subsequent similar l l

communications have moved the date to one in December, but the point to be made is that this date was arranged after extensive telephone com-munication to find a date, " mutually agreeable' to suggest to the Board". j Obviously all Staff offim do not operate with equal consideration as to -

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the needs of the participants.

Further my objection includes the fact that possible 20-25 pages of

-i material must be prepared prior to the service date of 2 November 1978, which when considering the importance and gravity of this matter to all parties concerned represents a competely unbearable burden.  !

In addition petitioner received only today (270ctober1978) a response j to my original petition by the attorneys for the applicant, Baker & Botts, and Lowenstein, Newman, Reis, and Axelrad. Not only is this response untimely as regards preparation for the special prehearing conference, but I the response itself is a " lumped" reply to 28 separate petitions. The response mentions that "Most (emphasis ad'ded) of the petitioners recite I that they live at a certain address or within a certain mileage of the proposed plant . q. within 2 5-3 0 miles," etc. The response further ellaborates l l

that apparently G of the petitions, "then enumerate general (emphasis added) concerns about nuclear power. . . ", etc. Additionally, the response makes the unfe 2nded allegation: "Further, none of the cdnerns expressed in the I l

petitions are stated with sufficient particularity or supporting bases as l required by 10 C. F. R. 2. 714, etc. .'. . ", although it is footnoted that the j applicant's attorneys feel that it " appears" that my petition and one other I are. aware of the corrected notice. l This petitioner hereby submits therefore and continues the objection on the grounds that the applicant has not shown '.'with sufficient particularity" 1

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their specific objections to either my petition or that of any other specific individual, but has obviously dealt with the entire group in only vague )

1 generalities.

Lastly, pe'itioner Marke objects strongly in lieu of the fact that no. ~

response from Staff has yet been filed, and that final ammendments and/or defense cannot be presented. It would seem that the weight of the afore-mentioned circumstances'do in fact make it quite impassible for petitioners to adequately prepare for the'special prehearing conference, thus lending ,

certain credence to the objection. I therefore pray the Board that my -

i objection be heard and granted, and that the special prehearing conference .

be rescheduled allowing sufficient time for all participants to prepare their l arguements.

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,j In the Matter of U 0

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HO*,.*STON LIGHT ~NG & POWER CC

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) Cochet :Jo. 50-466

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(Allens Creek Nuclear Generating )

Station, Unit 1) )

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CERTIFICATE OF SERVICE I do hereby. certify that copies of the above captioned formal Objection To Order Scheduling Special Prahearing Conference By David Marke have been served on the.following individuals by deposit in the United State , ,

1 mail, . postage prepaid, or, by hand delivery this 27th day of October,1978.

4 Sheldon J.IUolfe, Esq., Chairman Richard Lowerre, Esq.

Ateric Safety and Licensine ~ Assistant.Attorne.* General -

Ecard Panel -

for the State o3 Te::as U.S. Nuclear Recula:Orv Cc mission- P .O . Ec:.: 12540 Washington, D.C' 20555 Capi:01 Sta:icn Aus t.iri, '~e::a s 78711 Dr. E. Leonard Cheatu: Hon. Jerry Sliva, May :

Route 3, Bo:: 350A City of Wallis , Te:-:as . 77435 Wa:hinstille, Georgia 30677 .

Mr. Glenn O. Eright Atomic S-fety and Licensine- ' 'Gre90 Y J Eainer Board Panel 11113 Wickwcod U.S. Nu:: lear Regulatory Cc==ission Housten, Te::as 77024 Washi*.gton, D.C. 20555

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Ch se R. Ste hens At: ic Safety and ~icensing Doche.ing'and Service Section AFreal S0urd Office of the Sacratary of the U.S. Nuclear Re?;11 Or?

Comission C0=' s s .on U.S. Nuclear Regulatory Co=ission ' Washington, D.C. 20555 Wasnington, D.C. 20535

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. 7 it. fGordon > Gooch, Esq. Aton c Safety and Licensing

. Baker &'Botts ,

Board Panel  !

1701'PennsylvanialAvenue, N.W. '

U.S. Nuclear-Regularcry.

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l Mashington, D.C. 20006f Con =ission .

.l Washington, D.C. 20555 '

T. Paul Robbins Steve Schinki, Esq.

Staff' Counsel c/o AFSC i

U.S.- Nuclear Regulatory 600 West 28th Street, #102 Commission Austin, Texas- 78705' l Hashington, D.C. 20555 l

John.F. Doherty . Wayne E. Rentfro Armadillo' Coalition of Texas' P.O. Box 1335 4438 1/2 Leeland Rosenberg,. Texas' -77471 Houston, Texas 77023 James Scott, Jr. .

- Brenda A. McCorkle 8302 Albacore 6140 Darnell' Houston, Texas 77074 Houston, Texas'77074 l

Carro Hinderstein Emanuel Baskir 8739 Link Terrace 5711 Uarm Springs Road Houston, Texas 77025. Houston,. Texas 77035 0

-Jean-Claude De Bremaecker Steven Gilbert, . Esq.  !

2128 Addison 122 Bluebonnet Houston, Texas 77030 Sugar Land, Texas 77478-Edgar Crane Brent-Miller 13507 Kingsride 4811 Tamarisk Lane.

Houston, Texas 77079 ' Bellaire, Texas 77401 Patricia L.. Day John V. Anderson.

2432 Nottingham 3626 Broadmead' Houston, Texas 77005. Houston, Texas-77025 Lois H. Anderson John R. Shreffler l 3626 Broadmead ' 5014 Braeburn Houston, Texas 77025 Bellaire, Texas 77401 '

Rober' 3. Framson David Marke Solar Dynamics, Ltd. . 4822 Waynesboro? Drive 3904 Warehouse Row' Houston,' Texas 77035 Suite C' Austin, Te::as 78704 .Madeline Bass Framson 4822-Waynesboro Drive

= Houston, Texas 77035 e.

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Shirley-Caldwell Mrc. R. M. Bevis 14501 Lillja' 7706 Brykerwoods Houston, Texas' 77060. Houston, Texas 77055 Ann Wharton Kathryn. Hooker 1424-Kipling 1424 Kipling Houston, Texas 77006 Houston,. Texas 77106 Joe Yelderman, M.D. John Renaud, Jr.- .,

Box 303 4110 Yoakum Streetl Needville, Texas 77461. Apartment 15' Houston, Texas 77006 D. Michael McCaughan Allen D. Clark 3131 Timmons Ln. 5602 Rutherglenn:

Apartment 254 Houston, Texas 77096 Houston, Texas '77027 D. Marrack' Lee Loe 420 Mulberry. Lane 1844 Kipling Bellaire,. Texas 77401-Houston, Texas 77098 George Broze Alan Vomacka, Esq. 1823-A' Marshall Street Houston 1 Chapter, National Lawyers Houston, Texas 77098' Guild' 4803 Montrose Blvd. Charles Michulka, Esq.

Suite 11 P..O. Box-882 Houston, Texas ,77006 Stafford,' Texas 77477 Hon. John R. Mikeska Austin-County Judge P.O. Box 310 1 Bellville, Texas 77418 -

Signed [ #/  ;

lavid MarIM

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