ML20148M925
| ML20148M925 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 11/10/1978 |
| From: | Archer J COMBS, ARCHER & PETERSON |
| To: | |
| References | |
| NUDOCS 7811220237 | |
| Download: ML20148M925 (10) | |
Text
414bs NRC PUBLIC DOCUMENT E004 topI i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
[
$1g Y,g BEFORE THE ATOMIC SAFETY AND L'ICENSING BOARD
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4 In the Matter of
)
4 HOUSTON LIGHTING AND POWER COMPANY Docket No. 50-466 (Allens Creek Nuclear Generating Station, Unit 1)
)
)
PETITION FOR LEAVE TO INTERVENE BY THE HOUSTON GULF COAST BUILDING AND CONSTRUCTION TRADE COUNCIL (HGCETC)
I.
A.
Identification of Petitioner 1.
This Petition for leave to intervene is filed pursuant to the Motice published at 43 Fed. Reg. 40328 (September 11, 1978).
2.
Petitioner is an association organized for the purpose of representing the members of this Association (the labor unions listed in the attachment to this petition) and their respective memberships in all matters affecting the quality of life of the workers and their families.
3.
Unions represented by Petitioner have 30,000 members who reside and/or work in the service area of Houston Lighting and Power Co. /
4.
The filing of this Petition was authorized by unanimous vote of HGCBTC on Wednesday, November 8, 1978.
The law firm of Combs, Archer and Peterson, 811 Dallas, #1220, Houston, Texas 77002 was authorized to file this Petition by said vote.
5.
In Petitioner's view the application which is the subject of this proceeding is meritorious and a construction permit
- / Petitioner has attachcd a list of members of the HGCETC as Attachment A to this cetition.
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2-I for the Allens Creek Station should be granted.
B.
Petitioner's-Interest i
1.
As above indicated, Petitioner's members reside and/or j
are employed within the service area served by the Applicant Houston Lighting and Power Company.
2.
Consequently, Petitioner's members will in the future be dependent for the ' protection of their health and safety, l
and the quality of their environment, upon the el 7tricity to be i
generated by the Allens Creek Generating Station, Unit 1.
3.
An assured supply of electricity is essential to the j
l maintenance of vital public services in the Houston area which i
bear upon the health and safety of Petitioner's members (e. g.
hospitals, schools, fire and police protection, transportation facilities).
4.
Such a supply is also required to maintain the physical 1
and economic welf are of Petitioner's members and their standard of living, including employment opportunities and environmental amenities, recreational Ind cultural opportunities.
C.
Changes in Plant Design:
New Information 1.
The reduction in the number of units at ACNGS and the 1
change in schedule for commercial operation of ACNGS accentuate Petitioner's interest and concerns with respect to the reliability of electric supply as set for+h in paragraphs 1-4 of Section B.
The foregoing constitute changes in the facility and new information as required by the Board's " Corrected Notice of Intervention Procedures" published in the rederal Register on September 11, 1978.
.~
3-
-2.
Recent.(1978) Fe deral enactments regarding energy, and specifically the availability of natural gas in the geographical area in which the membership of Petitioner's constituent unions reside and work, mandate intervention by HGCBTC in this proceeding to assure an adequate energy supply.
D.
How Petitioner's Interests May Be Affected 1.
In the event that this proceeding should result in denial of a permit to construct ACNGS or the imposition of burdensome conditions on any permit granted, the adequacy of the supply of electricity to the HLP service area and, there-fore, to Petitioner's members could be severely jeopardized.
2.
Said members' health, safety, and standard of living could be threatened.
3.
The environment in which they live and work could also be affected.
II.
A.
Timeliness 1.
The notice provided that persons might file petitions for leave to intervene on or before October 11, 1978.
2.
Petitioner was unable to intervene prior to the acquistion of authority to do so and such authority could not be obtained until November 8, 1978, owing to the s22e and coraplexity of the HGCBTC.
3.
On October 11, the Houston Chapter of the National Lawyers Guild (hereinafter, " Guild"), filad a petition and a 1
statement of contentions which record the Guild's opposition to construction of Allens Creek and, purports to represent persons represented by HGC3TC.
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_ 4_
. 4.
In said petition, the Guild alleges inter alia that it represents " rank and file workers" who are members of labor
-unions in the Houston area and whose interests would otherwise be unrepresented in the Allens Creek proceeding.
5.
The Guild's proposed contentions allege, inter alia, that workers in the plant will be subjected to cancer risks, that the leadership of identified labor organizations.(including Petitioner) has failed to represent the interest of members in occupational health and safety of construction workers.
6.
There are no other means available which can protect Petitioner's interest in the face of the Guild's purported representation of union members.
7.
Petitioner's participation is required in order to develop a sound record in this proceeding; if Petitioner is not permitted to participate, the Board will be faced with unchalleged mis-representations by the Guild which could result in erroneous conclusions.
8.
Petitioner expressly disclaims any intent to broaden F
the issues or delay the proceeding.
Petitioner is prcpared to attend the scheduled Prehearing Conference and to comply with all schedules established by the Board.
III. Conten* ions Petitioner contends that:
1.
there exists an urgent need for the energy to be produced by the ACNGS unit; 2.
there exists no environmentally preferable means of
. generating such energy and that certain alternatives (e. g. coal) may entail significant adverse effects on health and safety;
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the cooling lake: associated with thn ACNGS will be a j
valuable recreational facility of enjoyment to its-members and others; and 1
4.
denial of the construction permit would adversely affect the energy supply of the areas in which Petitioner's i
members reside and work and, thereby;
]
1 (a) reduce job opportunities in said area by adversely affecting the economy of the region; (b) jeopardize the availability of services essential to the health and safety of Petitioner's members which require an assured supply of electric energy.
(c) threaten the environment and tne quality of life enjoyed by Petitioner's members, t
IV. Discretionary Intervention If the Board should conclude that Petitioner is not entitled to intervene as of right, it should nevertheless exercise its
~
discretion to admit Petitioner.
No other party is capable of presenting, as directly aa Petitioner, the effect on organized labor of denial or delay in the issuance of the construction permit for ACNGS.
Petitioner wo Id, to the extent not cumulative or repetitive of the evidence p:eaented by others, provide information on the need for the faci;'.ty from the unique perspective of those who depend on the energy generated therefrom for their jobs and livelihood and who would further suffer significant adverse environmental consequences if such energy supply were not approved or if it were significantly delayed.
Petitioner's members have both a property and financial interest in.the outcome of this proceeding in that any energy
a
,... shortage resulting from the denial or delay of this application would be reflected significantly in land values, employment opportunities and environmental amenities which affect the value of their homes and other factora related to their economic well-being.
Petitioner believes that its participation on these matters wouldmake a valuable contribution' to the record which must be developed by the Board on such matters.
The issues in which Petitioner is interested are well within the scope of the National Environmental Policy Act and have been raised by others in this proceeding. Accordingly, Petitioner's intervention would not broaden or delay the proceeding.
Respectfully submitted, i
fu y
v ppseph F.
Archer
(/
Kombs, Archer and Peterson 811 Dallas #1220 Houston, Texas 77002 Attorney for Petitioner Hovember 10, 1978
ATTACHMENT A Houston Gulf Coast Building &
Construction Trades Council Membership List Asbestos. Workers. Local Union No. 22 Boilermaktrs Local Union No. 74 Boilermakers Local Union No. 132 Bricklaye.rs Local Union No. 7 Carpenters Local Union No. 213 Carpenters Local Union No. 973 Carpenters Local Union No. 1226 Carpenters Local Union No. 1334 Carpenters Local Union No. 1890 Carpenters Local Union No. 1855 Cement Masons Local Union No. 681 Cement Masons Local Union No. 177 Electrical Workers Local Union No. 716 Elevator Constructors Local Union No. 31 Floorlayers Local Union No. 1863 Glaziers Local Union No. 1778 Iron Workers Local Union No. 84 Iron Workers Local Union No. 135 Laborers Local Union No. 18 Laborers Local Union No. 116 Laborers Local Union No. 313 Marble Masons & Tile Setters Local Union No. 20 Millwrights Local Union No. 2232 1
Operating Engineers Local Union No. 450 Painters Local Union No. 130 Painters Local Union No. 945 Pile Drivers Local Union No. 2079 Pipe Fitters Local Union No. 211 Plaste_rers Local Union No. 79 Plumbers Local Union No. 68 Plumbers Local Union No. 200 Roofers Local Union No, 116 Sheet Metal Workers Local Union No. 54 l
Sheet Metal Workers Local Union No. 144
)
Sign & Pictorial Painters Local Union No. 550 Teamsters Local Union No. 1111 l
Tile Setter Helpers Local Union No. 108 l
l
1 1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j
BEFORE THE ATOMIC SAFETY AND' LICENSING BOARD 1
j In the Matter of
-)
)
HOUSTON LIGHTING'AND POWER COMPANY
)
Docket No. 50-566
)
(Allens Creek Nuclear Generating
)
Station, Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of Petition for Leave to Intervene of the Houston Gulf Coast Building and Construction Trade Council in the above-captioned pro-ceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this 10th day of November, 1978:
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 12540 Washington, DC 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 Gregory J. Kainer Atomic Safety and Licensing 11118 Wickwood Board Panel Houston, Texas 77024 U.S.
Nuclear Regulatory Commission 3
Washington, DC 20555 Atomic Safety and Licensing Appeal Board Chase R.
Stephens U.S. Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary of Washington, DC 20555 the Commission U.S. Nuclear Regulatory Commission Jack R. Newman, Esq.
Washington, DC_ 20555 Lowenstein, Newman, Reis &
Axelrad J.
Gregory Copeland, Esq.
1025 Connecticut Ave. N.W.
Baker & Botts Suite'1214 One Shell Plaza Washington, DC
.20555 Houston, Texas 77002 l
4 1
l
. R.
Gordon Gooch,.Esq.
T.
Paul Robbins I
Baker and Botts C/O-AFSC 1701. Pennsylvania Avenue, N.W.
600 West 28th Street, #102 Washington, DC 20006 Austin, Texas 78705 Steve Schinki, Esq.
Wayne E.
Rentfro Staff Counsel-P.
O. Box 1335 U.S. Nuclear Regulatory Rosenberg, Texas 77471 Commission Washington, DC 20555 Brenda A. McCorkle 6140 Darnell
.l John F.
Doherty Houston, Texas 77074 Armadillo Coalition of Texas 4438 1/2 Leeland Emanuel Baskir Houston, Texas 77023 5711 Warm Springs Road Houston, Texas 77035 James Scott, Jr., Esq.
8302 Albacore Steven Gilbert, Esq.
Houston, Texas 77074 122 Bluebonnet Sugar Land, Texas 77478 Carro Hinderstein l
8739 Link Terrace Brent Millter Houston, Texas 77025-4811 Tamarisk Lane Bellaire, Texas 77401 i
Jean-Claude De Bremaecker 2128 Addision John V. Anderson Houston, Texas 77030 3626 Broadmead Houston, Texas 77025 Edgar Crane i
13507 Kingsride John R.
Shreffler i
H*uston, Texas 77079 5014 Draeburn Bellaire, Texas 77401 i
Patricia L.
Day 2432 Nottingham Robert S.
Framson Houston, Texas 77005 4822 Waynesboro Drive i
Houston, Texas 77035 Lois H.
Anderson 3262 Brc tdmead Madeline Bass Framson Houston, Texas 77025 4822 Waynesboro Drive Houston, Texas 77035 David Marke Solar Dynamics, Ltd.
Shirley Caldwell 3904 Warehouse Row 14501 Lillja Suite C Houston, Texas 77060 Austin, Texas 78704 Ann Wharton Atomic Safety and Licensing 1424 Kipling Board Panel Houston, Texas 77006 U.S.
Nuclea r Regulatory Cormission Washington, DC 20555
, __i
's
. Joe _Yelderman, M.D.
Kathryn Hooker Box 303 1424 Kipling Needville, Texas 77461 Houston, Texas 77006 D.
Michael McCaughan John Renauld, Jr.
3131 Timmons Lane 4110 Yoakum Street Apartment 254 Apartment 15 Houston, Texas 77027 IIouston, Texas 77006 Lee Loe Allen D.
Clark 1844 Kipling 5602 Rutherglenn Houston, Texas 77098 Houston, Texas 77096 Alan Vomacka, Esq.
D.
Marrack Houston Chapter, National 420 Mulberry Lane Lawyers Guild Bellaire, Texas 77401 4803 Montrose Blvd.
Suite 11 George Broze Houston, Texas 77006 1823-A Marshall Street Houston, Texas 77098 Hon. John R. Mikeska Austin County Judge Charles Michulka, Esq.
P.
O.
Box 310 P.
O.
Box 882 Bellville, Texas 77418 Stafford, Texas 77477 Mrs.
R.
M.
Devis 7706 Brykerwoods Houston, Texas 77005 y
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