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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20063N7471982-10-0606 October 1982 Motion for Termination of Proceedings.Util Decided to Cancel Plant.Certificate of Svc Encl ML20063N7591982-10-0606 October 1982 Withdrawal of Application for CP ML20055A7221982-07-15015 July 1982 Memorandum & Order Denying Jf Doherty 820615 Submittals, Treated as Motion to Reconsider ASLB 820602 Order.Motion Untimely Filed & Failed to Show Significance or Gravity of Issues ML20055A3551982-07-12012 July 1982 Amended Contention 59.Certificate of Svc Encl ML20054L4521982-07-0202 July 1982 Response Opposing J Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Fails to Establish Timeliness &/Or Significance of Issues Sought to Be Raised.Certificate of Svc Encl ML20054L5531982-07-0202 July 1982 Response Opposing Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Should Be Considered Motion for Reconsideration of ASLB 820602 Order.Timeliness & Significance of Issues Not Established.W/Certificate of Svc ML20054J9371982-06-28028 June 1982 Response Opposing J Doherty 820615 Request to Reopen Record. Request Improper & Insufficient to Support Relief.Commission Rules Cannot Be Circumvented by Refiling Same Argument After ASLB Ruling Issued.Certificate of Svc Encl ML20054F9861982-06-15015 June 1982 Motion to Reopen Record to Take Evidence on Contention 59. Gravity of Issues Warrants Reopening ML20054G0171982-06-15015 June 1982 Contention 50 Re Brown & Root Deficiencies in Quadrex Rept. Certificate of Svc Encl ML20053D0861982-05-24024 May 1982 Response in Opposition to Util 820519 Motion to Strike Doherty Contention 58 Re Applicant Conduct on Reporting Violations.Contention Should Be Treated as Such,Not as Motion.Certificate of Svc Encl.Related Correspondence ML20052H8621982-05-19019 May 1982 Motion to Strike J Doherty Reply to Applicant 820507 Response to Doherty 820422 Motion to Add Contention 58. Commission Rules Do Not Allow Reply.Certificate of Svc Encl ML20052H4441982-05-14014 May 1982 Reply Opposing Applicant 820507 Response to J Doherty 820422 Motion to Add Contention 58.Contention Should Be Admitted W/Amends.Aslb Should Judge Conduct of Applicants. Certificate of Svc Encl ML20052F3121982-05-0707 May 1982 Response Opposing J Doherty 820422 Motion to Add Contention Re Alleged Failure to Rept Design Defects.Substantively, Motion Is Motion to Reopen Record & Stds Have Not Been Met. Certificate of Svc Encl ML20052D1221982-04-29029 April 1982 Findings of Fact on Supplemental Issues to Tx Pirg Addl Contention 31 Re Technical Qualifications.Certificate of Svc Encl ML20052A4541982-04-22022 April 1982 Submittal of Contention 58 Re Applicant Conduct on Reporting Violations at Plant.Certificate of Svc Encl ML20054E0561982-04-21021 April 1982 Supplemental Findings of Fact on Tx Pirg Addl Contention 31 Re Technical Qualifications.Certificate of Svc Encl ML20050J1111982-04-0606 April 1982 Answers to Second & Third Sets of Interrogatories,Questions 29 & 8 Respectively,Re Quadrex Rept.Certificate of Svc Encl. Related Correspondence ML20050E2961982-04-0505 April 1982 Answers & Objections to Seventh Set of Interrogatories. Certificate of Svc Encl.Related Correspondence ML20050E2891982-04-0505 April 1982 Answers & Objections to Doherty Sixth Set of Interrogatories.Related Correspondence ML20050C4211982-04-0202 April 1982 Objections to Request for Admissions.Requests Untimely, Irrelevant to Issues Before ASLB & Extremely & Unduly Burdensome.Certificate of Svc Encl.Related Correspondence ML20050C4081982-03-31031 March 1982 Answers & Objections to Fifth Set of Interrogatories. Certificate of Svc Encl.Related Correspondence ML20050C4791982-03-29029 March 1982 Answers & Objections to Jf Doherty Fourth Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Matters. Certificate of Svc Encl.Related Correspondence ML20042C6181982-03-29029 March 1982 Response Opposing J Doherty 820315 Motion for ASLB to Subpoena Quadrex Corp Employee Witnesses as ASLB Witnesses. Request Is Based on Misperception of Scope of Reopened Hearings.Certificate of Svc Encl ML20042C6431982-03-29029 March 1982 Motion for ASLB to Call DE Sells as Witness for Tx Pirg Addl Contention 31 & Quadrex-related Matters.Testimony Needed to Explain Why NRC Did Not Immediately Obtain Quadrex Rept. Certificate of Svc Encl ML20050C5091982-03-26026 March 1982 Response to Jf Doherty 20th & 21st Requests for Documents. Certificate of Svc Encl ML20050C5041982-03-26026 March 1982 Testimony of Lj Sas on Tx Pirg Addl Contention 31 Re Quadrex Rept.Rept Raises No Issue as to Whether Ebasco Can Properly Engineer Project.Prof Qualifications Encl ML20050C5011982-03-26026 March 1982 Supplemental Testimony of Jh Goldberg on Technical Qualifications.Brown & Root Terminates Due to Lack of Engineering Productivity,Not Due to Allegations in Quadrex Rept ML20042C5201982-03-25025 March 1982 Motion to Compel Discovery from Applicant & to Postpone Evidentiary Presentations at 820412 Hearings.Applicant Objections to Interrogatories Unsupported & Necessitate Hearings Be Delayed.Certificate of Svc Encl ML20049K0671982-03-25025 March 1982 Reply to Tx Pirg 820315 Addl Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl ML20049K0801982-03-25025 March 1982 Answers & Objections to Interrogatories.Certificate of Svc Encl ML20042C5481982-03-23023 March 1982 Fourth Set of Requests for Admissions Re Quadrex Rept & Tx Pirg Contention 31.Certificate of Svc Encl ML20049K0841982-03-23023 March 1982 Answers & Objections to Third Set of Interrogatories. Certificate of Svc Encl ML20049K0941982-03-23023 March 1982 Answers & Objections to Second Set of Interrogatories. Certificate of Svc Encl ML20042A4791982-03-17017 March 1982 Response Opposing J Doherty 820310 Motion for Postponement of 820412 Hearings.Sufficient Grounds Not Provided to Justify Delay.Certificate of Svc Encl ML20042B2351982-03-17017 March 1982 Seventh Set of Interrogatories Re Tx Pirg Addl Contention 31 & Quadrex Rept Matters.Certificate of Svc Encl ML20042B2381982-03-15015 March 1982 Sixth Set of Interrogatories Re Tx Pirg Addl Contention 31 & Quadrex Rept Matters.Certificate of Svc Encl.Related Correspondence ML20042B2451982-03-15015 March 1982 Motion for Subpoena of Quadrex Corp Employees.Testimony Necessary for Clear Understanding of Brown & Root Deficiencies Despite Util Supervision & Specific Steps Needed to Correct & Prevent Problems.W/Certificate of Svc ML20041F0761982-03-10010 March 1982 Fourth Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Rept.Certificate of Svc Encl.Related Correspondence ML20041F0871982-03-10010 March 1982 Motion for Postponement of 820412 Hearing on Tx Pirg Addl Contention 31 & Quadrex-related Matters.Addl Time Needed to Complete Discovery.Certificate of Svc Encl ML20049J6571982-03-0808 March 1982 Answers to First Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Matters.Certificate of Svc Encl ML20041E1001982-03-0505 March 1982 First Set of Interrogatories & Request for Production of Documents.Certificate of Svc Encl ML20041E1071982-03-0505 March 1982 First Set of Interrogatories & Request for Production of Documents Re Tx Pirg Contention 31.Certificate of Svc Encl ML20041E1181982-03-0505 March 1982 Third Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Rept Matters.Related Correspondence ML20041E1201982-03-0505 March 1982 Motion for Order Directing Applicant to Provide Forthcoming Bechtel Quadrex Rept Review.Rept Pertinent to Remaining Issue.Certificate of Svc Encl.Related Correspondence ML20041E1741982-03-0505 March 1982 Brief Opposing R Alexander Appeal from ASLB 820112 Order Denying Petition to Intervene.Aslb Did Not Abuse Discretion in Denying Petition.Certificate of Svc Encl ML20041E0711982-03-0404 March 1982 Second Set of Interrogatories Re Tx Pirg Contention 21 & Quadrex Rept Matters.Certificate of Svc Encl.Related Correspondence ML20049H8881982-03-0101 March 1982 Response Opposing D Marrack 820213 Motion for Review of Dates for Reopening Hearings & Continuance.No Commission Regulations or Atomic Energy Act Provisions Require Applicant Irrevocable Commitment.Certificate of Svc Encl ML20041B5381982-02-22022 February 1982 Reply to Intervenors Proposed Findings of Fact & Conclusions of Law.Certificate of Svc Encl ML20041C0671982-02-22022 February 1982 Response Opposing Tx Pirg 820209 Motion for Addl Time to File Proposed Findings of Fact & Conclusion of Law.Motion Mooted by Tx Pirg Filing Proposed Findings on 820212. Certificate of Svc Encl ML20041B5421982-02-17017 February 1982 First Set of Interrogatories Re Tx Pirg Contention 31 & Quadrex Matters.Certificate of Svc Encl.Related Correspondence 1982-07-02
[Table view] Category:PLEADINGS
MONTHYEARML20063N7471982-10-0606 October 1982 Motion for Termination of Proceedings.Util Decided to Cancel Plant.Certificate of Svc Encl ML20054L4521982-07-0202 July 1982 Response Opposing J Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Fails to Establish Timeliness &/Or Significance of Issues Sought to Be Raised.Certificate of Svc Encl ML20054L5531982-07-0202 July 1982 Response Opposing Doherty 820615 Motion to Reopen Record to Add Contention 59.Motion Should Be Considered Motion for Reconsideration of ASLB 820602 Order.Timeliness & Significance of Issues Not Established.W/Certificate of Svc ML20054J9371982-06-28028 June 1982 Response Opposing J Doherty 820615 Request to Reopen Record. Request Improper & Insufficient to Support Relief.Commission Rules Cannot Be Circumvented by Refiling Same Argument After ASLB Ruling Issued.Certificate of Svc Encl ML20054F9861982-06-15015 June 1982 Motion to Reopen Record to Take Evidence on Contention 59. Gravity of Issues Warrants Reopening ML20053D0861982-05-24024 May 1982 Response in Opposition to Util 820519 Motion to Strike Doherty Contention 58 Re Applicant Conduct on Reporting Violations.Contention Should Be Treated as Such,Not as Motion.Certificate of Svc Encl.Related Correspondence ML20052H8621982-05-19019 May 1982 Motion to Strike J Doherty Reply to Applicant 820507 Response to Doherty 820422 Motion to Add Contention 58. Commission Rules Do Not Allow Reply.Certificate of Svc Encl ML20052H4441982-05-14014 May 1982 Reply Opposing Applicant 820507 Response to J Doherty 820422 Motion to Add Contention 58.Contention Should Be Admitted W/Amends.Aslb Should Judge Conduct of Applicants. Certificate of Svc Encl ML20052F3121982-05-0707 May 1982 Response Opposing J Doherty 820422 Motion to Add Contention Re Alleged Failure to Rept Design Defects.Substantively, Motion Is Motion to Reopen Record & Stds Have Not Been Met. Certificate of Svc Encl ML20042C6181982-03-29029 March 1982 Response Opposing J Doherty 820315 Motion for ASLB to Subpoena Quadrex Corp Employee Witnesses as ASLB Witnesses. Request Is Based on Misperception of Scope of Reopened Hearings.Certificate of Svc Encl ML20042C6431982-03-29029 March 1982 Motion for ASLB to Call DE Sells as Witness for Tx Pirg Addl Contention 31 & Quadrex-related Matters.Testimony Needed to Explain Why NRC Did Not Immediately Obtain Quadrex Rept. Certificate of Svc Encl ML20042C5201982-03-25025 March 1982 Motion to Compel Discovery from Applicant & to Postpone Evidentiary Presentations at 820412 Hearings.Applicant Objections to Interrogatories Unsupported & Necessitate Hearings Be Delayed.Certificate of Svc Encl ML20042A4791982-03-17017 March 1982 Response Opposing J Doherty 820310 Motion for Postponement of 820412 Hearings.Sufficient Grounds Not Provided to Justify Delay.Certificate of Svc Encl ML20041F0871982-03-10010 March 1982 Motion for Postponement of 820412 Hearing on Tx Pirg Addl Contention 31 & Quadrex-related Matters.Addl Time Needed to Complete Discovery.Certificate of Svc Encl ML20041E1201982-03-0505 March 1982 Motion for Order Directing Applicant to Provide Forthcoming Bechtel Quadrex Rept Review.Rept Pertinent to Remaining Issue.Certificate of Svc Encl.Related Correspondence ML20041E1741982-03-0505 March 1982 Brief Opposing R Alexander Appeal from ASLB 820112 Order Denying Petition to Intervene.Aslb Did Not Abuse Discretion in Denying Petition.Certificate of Svc Encl ML20049H8881982-03-0101 March 1982 Response Opposing D Marrack 820213 Motion for Review of Dates for Reopening Hearings & Continuance.No Commission Regulations or Atomic Energy Act Provisions Require Applicant Irrevocable Commitment.Certificate of Svc Encl ML20041C0671982-02-22022 February 1982 Response Opposing Tx Pirg 820209 Motion for Addl Time to File Proposed Findings of Fact & Conclusion of Law.Motion Mooted by Tx Pirg Filing Proposed Findings on 820212. Certificate of Svc Encl ML20041B5901982-02-13013 February 1982 Motion for Postponement of All Action on CP Application Until Applicant States That Util Irrevocably Committed to Building Plant If CP Received.Certificate of Svc Encl ML20040H0761982-02-0909 February 1982 Motion for 30 Addl Days to File Proposed Findings of Fact & Conclusions of Law.Length of Record Necessitates Extension. Decision Would Not Be Delayed Since Addl Hearings to Be Held in Apr 1982 ML20040E2781982-01-29029 January 1982 Requests for Clarification Re R Alexander 811130 Petition to Intervene.J Silberg 820122 Ltr Indicates That Order Denying Petition Issued,But No Order Has Been Served.Certificate of Svc Encl ML20039B7481981-12-17017 December 1981 Response Opposing Tx Pirg 811207 Motions for Addl Testimony, Further Development of Record & Admission of New Contention. Motion Superficial Attempt to Delay Proceeding & Totally Devoid of Merit.Certificate of Svc Encl ML20062M6441981-12-14014 December 1981 Response Opposing Doherty 811015 Renewed Motion for Addl Evidence on Tx Pirg Contention 31.Doherty Failed to Comply W/Aslb 811110 Order.Motion Is W/O Merit & Would Cause Unnecessary Delay.Certificate of Svc Encl ML20062M6241981-12-0707 December 1981 Motion for Tx Pirg to Present Addl Evidence,To Order Applicant to Serve Tx Pirg W/Quadrex Rept & to Rule That Need for Power Is Tx Pirg Contention.Alternatively,Requests Admittance as Tx Pirg Contention.W/Certificate of Svc ML20039B0771981-12-0707 December 1981 Renewed Motion for Addl Evidence on Tx Pirg Addl Contention 31 Re Applicant Technical Qualifications.Specifies Portions of Quadrex Rept,Indicating Organizational Changes That Should Be Made.Certificate of Svc Encl ML20038A8841981-11-20020 November 1981 Response Opposing Doherty 811106 Motion for Addl Testimony on Need for Power.Pleading Construed as Motion to Reopen Record.Burden of Explaining Why ASLB Would Reach Different Result Not Met.W/Certificate of Svc.Related Correspondence ML20010F4791981-09-0303 September 1981 Response Opposing Further Consideration of Radon Releases. NRC Analysis of Radon Releases in Final Suppl to Fes Satisfies NEPA Requirements,Complies W/Commission 780414 Order & Supplies Sufficient Info.Certificate of Svc Encl ML20010G1101981-09-0303 September 1981 Response to ASLB Request Re Positions on ALAB-640.Radon Emissions Determined by ALAB-640 Constitute Significant Addl Environ Impact.Certificate of Svc Encl ML20010A1171981-08-0505 August 1981 Motion to Strike Marrack Prefiled Testimony.Testimony Is Not Specifically Responsive to F Sanders 810205-06 Testimony. Certificate of Svc Encl.Related Correspondence ML20009B2031981-07-0707 July 1981 Response in Opposition to Intervenor Doherty 810622 Request for Leave to File Contention 57.No Good Cause Shown for Late Filing & No Specificity Provided.W/Science News Article & Certificate of Svc ML20005B3801981-06-22022 June 1981 Request for Leave to File & Submission of Contention 57 Re Vulnerability of Control Sys to Electromagnetic Pulses. Issue Has Not Been Made Public Until Recently.W/Certificate of Svc ML19347F4941981-05-0808 May 1981 Reply Opposing Doherty 810423 Filing Re Contention 56, If Filing Is Motion to Add Late Filed Contention. Contention Refs Alleged Problem at Browns Ferry Which Is Not Applicable to Mark III Containments.W/Certificate of Svc ML19347F4661981-05-0808 May 1981 Response Opposing Doherty 810423 Motion to Reopen Record on Need for Power Contention.Aslb Should Issue Order That Motion Is Moot & Direct Applicant to Update Testimony on Need for Power Testimony Later.Certificate of Svc Encl ML20003H9551981-04-29029 April 1981 Motion for Order Adopting Specific Procedures to Govern Conduct of cross-examination During Health & Safety Phase of Proceeding.Procedures Will Ensure cross-examination Not Cumulative.W/Proposed Order & Certificate of Svc ML19343D3891981-04-27027 April 1981 Motion to Strike I Bross 810331 Affidavit.Affidavit Does Not Respond to Ld Hamilton Supplemental Affidavits But Constitutes Personal Attack of Affiant.Certificate of Svc Encl.Related Correspondence ML20126J9451981-04-24024 April 1981 Motion Opposing Applicant 810422 Motion to Preclude Jm Scott Testimony.Tx Pirg & Intervenor Doherty Are Separate Parties ML20003H7981981-04-22022 April 1981 Motion for Addl Testimony & cross-examination on Conservation Techniques,Interconnection & Effects of Const Delay.Proceedings Have Not Addressed These Issues. Certificate of Svc Encl ML20003H7471981-04-22022 April 1981 Motion to Preclude Jm Scott Testimony.Intent of ASLB 810407 Order Was to Preclude Scott from Having Dual Role of Atty & Witness for Any Other Party.Certificate of Svc Encl. Related Correspondence ML20126H9601981-04-0707 April 1981 Request for Order Directing Util to Reissue 810331 Pleading W/Correct Title.Defective Title Did Not Put All Parties on Notice ML20126H9641981-04-0707 April 1981 Response in Opposition to Util & NRC 810330 Motions to Disqualify Tx Pirg Counsel,Jm Scott.Counsel Will Appear as Expert Witness.Public Interest Requires Counsel Presence. Certificate of Svc Encl ML19347D9721981-03-31031 March 1981 Response to NRC & Applicant Responses to J Doherty 810222 Motion for Reconsideration of Admission of Contention 21. Filing of Motion Was Timely Under Circumstances. Certificate of Svc Encl ML19345G4941981-03-30030 March 1981 Brief,In Form of Pleading,Addressing Need to Disqualify Tx Pirg Counsel Per Disciplinary Rules 5-101 & 5-102.Having Chosen to Appear as Witness,Scott Should Be Barred from Participation as Atty.Certificate of Svc Encl ML19345G5831981-03-24024 March 1981 Response for Order Allowing Intervenors to File Id Bross Supplemental Affidavit to Respond to Ld Hamilton Affidavit on Behalf of Util.One Day Delay Should Be Excused Due to Intervenor Attempt to Comply W/Rules.W/Certificate of Svc ML20003D2161981-03-0404 March 1981 Response Opposing Tx Pirg 810217 Motions on Procedural Matters,Referral of Interlocutory Appeal,Certification of Various Issues & Removal of Aslb.Motion Contains Misrepresentations of Alab Rulings.W/Certificate of Svc ML19341D4801981-02-25025 February 1981 Response to Intervenor Doherty Third Supplemental Response to Motion for Summary Disposition.Intervenor Has No Right to File Late Responses,Shows No Good Cause & Info Has No Relationship to Affected Contentions.W/Certificate of Svc ML20003C3161981-02-17017 February 1981 Requests to ASLB for Interlocutory Appeal & Certification of Questions & to ASLAP for Direct Certification of Question Re Ability of Intervenors to cross-examine Witnesses. Certificate of Svc Encl ML20003B0771981-02-0505 February 1981 Response in Opposition to Intervenor Jf Doherty Contention 55.Contention Does Not Address 10CFR2.714 Requirements & No Good Cause Established for Late Filing.Certificate of Svc Encl ML19345E8521981-01-30030 January 1981 Suppl to 810129 Motion Requesting Reversal of 810123 Ruling Denying Intervenor Rentfro cross-examination Opportunity.Evidence Supporting Intervenor Discernible Interest in Issues Outlined.W/Certificate of Svc ML19345E5721981-01-29029 January 1981 Requests ASLB Reconsider Ruling Restricting cross-examination,for Interlocutory Appeal & Certification of Questions.Also Moves Aslab for Directed Certification of Questions & Appointment of New Aslb.W/Certificate of Svc ML19341B6021981-01-29029 January 1981 Response Opposing Intervenor Doherty 810123 Motion to Change Cross Examination Procedures.Repetitious cross- Examination Would Be Avoided If All Intervenors Attended All Proceedings.Certificate of Svc Encl 1982-07-02
[Table view] |
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NRC PUDLlC DOCUE # ' '
qg$$ 3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 67gy$k
$0q7 2 .- Q BEFORE THE ATOMIC SAFETY AND LICENSING BOAR oggf{(("'
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In the Matter of )
)
HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466 i
)
(Allens Creek Nuclear Generating )
Station, Unit 1) )
)
APPLICANT'S RESPONSE TO PETITION FOR LEAVE TO INTERVENE BY THE HOUSTON GULF COAST BUILDING AND CONSTRUCTION TRADE COUNCIL (HGCBTC)
I. Introduction On November 10, 1978, a petition for leave to intervene in this proceeding was filed by the Houston Gulf Coast Building and Construction Trade Council (HGCBTC or petitioner) supporting the construction and operation of ACNGS. The petition was filed approximately one month after the expiration of the intervention period set forth in the Board's Corrected Notice of Intervention Procedures (43 F.R. 40328). However, !
the petition was filed only eight days after the November 2, 1978, deadline set forth in the Board's 0ctober 24, 1978, Order for the filing of contentions.
Petitioner's members consist of 37 individual unions representing approximately 30,000 members who reside and/or work in the Applicant's service area.. Petitioner shows that its members' health and safety and the quality of l
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their environment is dependent upon the power to be produced from'the proposed ACNGS. Petitioner further asserts that the reduction in the number of units at the ACNGS has heightened the interest of its members in assuring the timely availability of energy from ACNGS.
For the reasons discussed below, Applicant supports the petition and urges the Board to admit HGCBTC as a party to this proceeding.
II. Petitioner's Interest Applicant believes that Petitioner has demonstrated interest (standing) and has shown how that interest may be affected by this proceeding in accordance with 10 CFR 2.714.
Petitioner's members work and/or reside in Applicent's service area and, obviously, have a significant 'nterest in .
assuring an adequate electric supply, which _acerest will clearly be adversely affected if ACNGS's construction permit is dealed. Moreover, the sheer number of individuals who are represented by petitioner (approximately 30,000) indicates :
that the injury in fact sustained in such circumstances will be of enormous magnitude.
III. Timeliness The petition is, obviously, untimely, out the nature of the petitioner, the petition and the circumstances of its filing, together provide compelling good cause.
W It is the nature of a petition in support of an application, that the requirement and necessity for its filing may not be understood until the affected petitioner is given notice of the issues being raised by others in opposition to the application. Those issues were identified only preliminar11y by the filings of October 11, and not with finality until the November 2 filings by opponents of the plant, pursuant to the Board's Order of October 24, 1978.
Upon the filing of the petitions on October 11 and the contentions on November 2, it was clear that (1) issues of great importance to the petitioner (the efficacy of conservation as an alternative to new generating capacity; the substitution of cooling towers for the cooling lake) would likely be matters in controversy; (2) a large number of petitioners purporting to represent the "public interest" might be admitted as parties and; (3) at least one petitioner (National Lawyers Guild) purported to represent certain HGCBTC members.~*/
Thus, relatively late developments compelled the filing by HGCBTC. As noted by petitioner, HGCBTC is a very large
- / Although'the National Lawyers Guild indicated at the special prehearing conference (Tr. 620, 632) that it was not now claiming to represent any other person or individuals other than the Guild itself, nevertheless, petitioner no doubt continues to believe thav its members' interests should be recognized and protected in this proceeding.
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organization and actions in its name require the approval of its 37 member unions, an apparently formidable task.
Considered against this background, the fact that there is good cause for the untimely filing seems self-evident.
Guidance by the Appeal Board on the treatment of petitions similarly situated suggests that some allowance must be made for an untimely filing in these circumstances. See In the Matter of Nuclear Engineering Company, Inc. (Sheffield Waste Disposal Site).ALAB-473, 7 NRC 737, 743 fn. 5 In addition to a demonstration of " good.cause" by petitioner for. failure to file on time, the Applicant is of the view that on a balancing of the factors set forth in 10 CFR 2.714(a) the petition should be granted.
A. Availability of other means whereby petitioner's interect will be protected. It would appear that in view of petitioner's " unique" perspective, there are no other means available to protect its interests. Petitioner could provide, from the perspective of the average working person, evidence as to the need.for the power from ACNGS as it relates to jobs, the economic well being of the community, and environmental amenities. As to the latter, none of the other petitioning parties purport to represent the interests of the community in having the recreational facility afforded by the cooling lake. The Applicant may attest to its value, but the need for the lake can be most dramatically presented from the standpoint of perhaps one of the largest identifiable public interest groups in Applicant's service area, HGCBTC.
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B. The extent to which petitioner's participation may reasonably be expected to assist in developing a sound record. Applicant believes that petitioner can make a valuable contribution to this proceeding in at least the j following ways: (1) petitioner can provide a special insight into the need for power from the standpoint of job opportunities l
in the area to be served by the plant; (2) petitioner can l contribute to a subject which may be among the most important to be dealt with in this proceeding; 1.e. the need for the recreational lake associated with ACNGS; and (3) petitioner is in a unique position to provide information on the socio-economic effects of ACNGS construction and operation.
Accordingly, petitioner's participation on these subjects should reasonably be expected to assist the Board in developing a sound record.
C. The extent to rhich petitioner's interest.will be represented by existing parties.. Petitioner possesses a ,
special perspective on the issues in this proceeding.
Although Applicant shares petitioner's interest in the timely construction and operation of ACNGS, only the petitioner can present evidence from the standpoint of the average working person and to conduct the cross-examination to defend that interest. This is'particularly essential here l because of the number of organizations.who have filed petitions to intervene purporting to represent the "public interest."
Failure to admit petitioner would possibly jeopardize the l
objectivity of the Board's record, particularly on key environmental issues (e.g., need for power; recreational lake;'socio-economic effects of construction and operation of ACNGS.).
D. The extent to which the petitioner's participation will broaden the irsues or delay the proceeding. Petitioner has expressly disclaimed any intent to broaden the issues or to delay the proceeding. The' issues which-have been raised by petitioner--need for power, value of the recreational ,
lake and related socio-economic considerations--are all ,
within the scope of this proceeding and most are raised in petitions which have been filed by others. Moreover, petitioner has already stated that it will not present evidence which is cumulative or repetitious and has indicated that it is fully prepared to comply with such schedules as have been, or will be, established by'the Board. Petition, pp. 4, 5 Petitioner's Contentions l
The Appeal Board has stated that a petitioner who files a petition for leave to intervene in support of the proposed plant need not file contentions until it is clear what the issues in the proceeding will be. Nuclear Engineering Co.,
supra, 7 NRC 737, 743, fn.5 Nevertheless, petitioner L HGCBTC has raised issues in its petition which it seeks to l
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W have placed in issue in this proceeding. It would appear that all four issues are related to changes in the design of the ACNGS as required by the Board's Corrected Notice.
Contentions 1 and 4 relate to the need for power to be produced from the proposed facility and the effect on petitioner if that need is not met. While not specifically stated in the petition, the reduction from two to one unit at ACNGS obviously heightens concern as to the need for the facility.
Contention 2 is addressed to the issue of whether there is any environmentally preferable alternative to ACNGS and Contention 3 relates to the issue of the cooling lake as a valuable recreational facility. Both contentions 2 and 3 are related to reduction in the number of units at ACNGS and to the reduction in the sise of the cooling lake and accordingly, should be admitted.
IV. Conclusion Since petitioner represents probably the largest identifiable "public interest" group among all the groups ,
and individuals who have filed petitions for leave to intervene, Applicant urges the Board, for the reasons discussed above, to admit petitioner as a party to this proceeding. Furthermore, if the Board should decide not to admit petitioner as a 1 matter of right, Applicant supports the petitioner's request l
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I that it be allowed to intervene as a matter of the Board'm discretion. Applicant believes that petitioner will make a l
truly valuable contribution to the record of this proceeding.
Respectfully submitted, I ?
November 22, 1978 u L. m
. ia'c k R . hewmain sobert H. Culp 1025 Connecticut Avenue, N.W.
Washington, D.C. 20036 J. Gregory Copeland Charles G. Thrash, Jr.
3000 One Shell Plaza Houston, Texas 77002 Attorneys for Applicant !
HOUSTON LIGHTING & POWER COMPANY OF COUNSEL:
LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL 1025 Connecticut Avenue, N.W.
Washington, D.C. 20036 BAKER & BOTTS 3000 One Shell Plaza Houston, Texas 77002
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
HOUSTON LIGHTING AND POWER COMPANY )
~) Docket No. 50-466 i-(Allens Creek Nuclear Generating )
Station, Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Response to Petition for Leave to Intervene by the Houston Gulf Coast Building and Construction Trade Council (HGCBTC) were served on the following by.
deposit in the United States Mail, postage prepaid, or by hand delivery this 22nd 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 12548 Washington, DC 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350-A Hon. Jerry Sliva, Mayor Watkinsville, Georgia 30677 City of Wallis, Texas 77485 Mr. Glenn O. . Bright Atomic Safety and Licensing Gregory J. Kainer Board Panel 11118 Wickwood U.S. Nuclear Regulatory Commission Houston, Texas 77024 Washington, DC 20555 Chase R. Stephens Atomic Safety and Licensing Docketing and Service Section Appeal Board Office of the Secretary of the U.S. Nuclear Regulatory Commission Commission U.S. Nuclear Regulatory Commission- Washington, DC 20555 Washington, DC 20555
R. Gordon Gooch, Esq. Atomic Safety and Licensing Baker and Botts Board Panel 1701 Pennsylvania Avenue, NW U.S. Nuclear Regulatory
-Washington, DC 20006 Commission Washington, DC 20555 Steve Schinki, Esq.
Staff Counsel T. Paul Robbins U.S. Nuclear Regulatory C/O AFSC Commission 600 West 28th Street, #102 Washington, DC 20555 ~ Austin, Texas 78705 John F. Doherty Wayne E. Rentfro Armadillo Coalition of Texas P. O. Box 1335 4438 1/2 Leeland Rosenberg, Texas 77471 Houston, Texas 77023 Brenda A. McCorkle James Scott, Jr., Esq. 6140 Darnell 8302 Albacore Houston, Texas. 77074 Houston, Texas 77074 Emanuel Baskir Carro Hinderstein 5711 Warm Springs Road 8739 Link Terrace Houston, Texas 77035 Houston, Texas 77025 Steven Gilbert, Esq.
Jean-Claude De Bremaecker 122 Bluebonnet 2128 Addison Sugar Land, Texas 77478 Houston, Texas 77030 Brent Miller Edgar Crane 4811 Tamarisk Lane 13507 Kingsride Bellaire, Texas 77401 Houston, Texas 77079 John V. Anderson Patricia L. Day 3626 Broadmead 2432 Nottingham Houston, Texas 77025 Houston, Texas 77005 L
John R. Shreffler Lois H. Anderson 5014 Braeburn 3626 Broadmead Bellaire, Texas 77401 Houston, Texas 77025 Robert S. Framson David Marke 4822 Waynesboro Drive
' Solar Dynamics, Ltd. Houston, Texas 77035 3904 Warehouse Row Suite C Madeline Bass Framson Austin, Texas 78704 4822 Waynesboro Drive Houston, Texas _77035 t
Shirley Caldwell Mrs. R. M. Bevis 14051 Lillja 7706 Brykerwoods Houston, Texas 77060 Houston, Texas 770055 Ann Wharton Kathryn Hooker 1424 Kipling 1424 Kipling Houston, Texas 77006 Houston, Texas 77006 Joe Yelderman, MD John Renauld, Jr.
Box 303 4110 Yoakum Street Needville, Texas 77461 Apartment 15 '
Houston, Texas 77006 D. Michael McCaughan 3131 Timmons Lane Allen D. Clark Apartment 254 5602 Rutherglenn Houston, Texas 77027 Houston, Texas 77096 Lee Loe D. Marrack 1844 Kipling 420 Mulberry Lane Houston, Texas 77098 Bellaire, Texas 77401 Alan Vomacka, Esq. George Broze Houston Chapter, National 1823-A Marshall Street Lawyers Guild Houston, Texas 77098 4803 Montrose Blvd.
Suite 11 Charles Michulka, Esq.
Houston, Texas 77006 P. O. Box 882 Stafford, Texas 77477 Hon. John R. Mikeska Austin County Judge P. O. Box 310 Bellville, Texas 77418 Joe Archer, Esq.
Combs, Archer & Peterson 1220 Americana Building 811 Dallas Street Houston, Texas 77002 g L- K . ,
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