ML20150D537

Individual Residents Motion to Intervene & for Sua Sponte Relief.* Listed Petitioners Request Relief That All Settlement Agreements Re Joint Stipulation Be Publicly Released & 880713 Hearing Be Extended.W/Certificate of Svc

ML20150D537
Person / Time
Site:	Comanche Peak
Issue date:	07/08/1988
From:	Colapinto D KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20150D506	List: ML20150D503 ML20150D514 ML20150D537
References
CPA, OL, NUDOCS 8807140041
Download: ML20150D537 (6)

Text

"

r 5, u

. j; p ,

gg .x

. /  %

r 111988k UNITED STATES OF AMERICA +

\

, bi:

' NUCLE AR REGUL ATORY COMMISSION ' ..

BEFORE THE ATOMIC SAFETY AND LICENS!NGfBOARD q g ,'

. 7

, 1 s-in the Mat'ter.of, L ,

)

TEXAS UTILITIES ELECTRIC' ) Docket Nos. 50-445-OL k C O M P A N Y , eft _ t.l__, ) 50-446-OL

,) (Appliction for an

) Operating License)

(Comanche Peak Steam Electric )

-! Station, ~ Units 1 and 2) ) Docket No. 50-445-CFA

,;< l' (Construction Permit

) Amendment)

....................................___. )

' INDIVIDUAL RESIDENTS'" MOTION TO INTERVENE AND FOR SUA SPONTE RELEIEF Fetitioners Betty Brink, Charles Brink, buranne Mabe, Father Carsen g Mele, O.P., Ralph Wattersen, Kasey R0shing, Clifforc Rushing, Michael .

Re:nikoff and Priscilla Reznikcif (hereinafter, "Individual Residents") hereby p move this Court for leave to intervene in the above-captioned proceeding for a

the. limited . purposes stated herein.

Petitioners are all residents of the state of Texas and reside in close prcximity to the Comanche Peak Steam Electric Station (CFSES). Petitioners are identified as follows:

1. Betty Erink of 7600 Anglin Drive, Fort Worth, Texas 79119. ts.

Brink has personal knowledge that she lives within a fifty mile radius of the f

CPSES construction site. Ms. Brink is the Executive Director of the Citizens for Fair Utility Regulation (CFUR).

2. Charles Brink of 7600 Anglin Drive, Fort Wortn, Texas 79115.

' Charles Erink has personal knowledge that he resides within a fif ty nile DO G

W G .i_ 3 -a ft , ~"

..:n ?y  :.

"j l l

!') .  :  : i

- 1 radius of the CPSES constructisa site..

a

' i

3. Suzanne Habe of 2400'6th Ave., Fort Worth, Texas 76110. -Ms.  !

'i.,

1 Mabe has personal knowledge,that she lives within a fifty sile radius of the

-CPSES construction site. f -;

, 4. Father Carmen Mele, O.P., Office of Parish Justice Ministries Diocese of : Fort Worth, '800 W. Loop 920 S. Fort Worth,' Tex as ' 76108.. . Father Mele has personal knowledge that his place of work is within a fif ty mile radius of the CPSES construction site.

4

5. -Ralph Watterson of 1707 6th Ave., Fort Worth, Texas 76110. Mr.

4 .i L/ Watte'rson has; personal knowledge that he resides within a fif ty alle radius of 3 the CPSES corrtruction site.

6. Kasey Rushing of 527 Tish, Apt. 903, Arlington, Texas 76006.

Upon information-and belief,'Kasey Rushing resides within a fifty mile radius f:

of the CPSES construction site.

7. Clifford Rushing of 527 Tish, Apt. 903, Arlington, Texas 76006.

Upon inferration and belief, Clifford Rushing resides wittin a fifty mile radius of the CPSES construction site.

/ 9. Michael Reznikoff of 6000 Forest Hill Drive Fort Worth, Texas

[

76119. Mr. Reznikoff has personal knowledge that he resides within a fifty mile radius of the CPSES constructiun site. 'i

9. Priscilla Reznikoff of 6000 Forest Hill Drive, Fort Worth, Texas 76119. Ms. Reznikoff has personal knowledge that she resides within a fifty mile radius of the CPSES construction site.

Petitioners did not know that settlement negotiatiens were being -

conducted between CASE and the utility; petitioners were never consulted

.- directly or indirectly to any of the terms contained in the Joint Stipulation

3 ,f~

t' 3- .*.

l .= ' -.

y

.n

.\,

dated July 1, 198Bl. petitioners first learned of the proposed settlement on or about -July -5,198B through the news medial and petitioners =have never seen a copy of any settlement agreement i secret. or otherwise, including the Joint 12 Stipulation.-.Upon information.and belief, petitioner understand that numerous

! confidential settlements exist relating to the dissolution of "these proceedings.

Petitioners need time to review the concerns of John Doe, a Comanche Peak ,

whistleblower who has requested' anonymity during this proceeding.

Lpa to the public rights implicated and affected by the proposed settlement and dissolution of these proceedings, and the impact of the settlement on our lives, property, health and well-being, petitioners hereby pray for the following relief:

{

(1) that all settlement agreements which in any way relate to the Joint Stipulation, including all such settlements referenced in the pleadings filed by petitioner John Doe, be ordered publicly released.

(2) . that the hearing scheduled for Wednesday July- 13, 1988 be continued

.for a period of 60 days from release of all settlement. agreements.

! -(3) that petitioners shall be allowed to review the above-referenced settlements and the public record in this case, and shall file within the 60 day periods (a) any objections to the proposed settlement; (b) a formal motion for late intervention in these proceedings as provided by 10 C.F.R. 2.7141 (c) a motion for substitution of the parties; and (d) any other motions, objections or comment which say be required.

Given the resonable nature of this request and the impossittlity for 3

. ,J .l r

t' 3i petitioners to adequately pose objections to the settlement by next Wednesday, we request that this relief be granted sua sponto.

.l .

Petitioners ire pleased to inform the Court that, John Doe and CFUR consent t&. this request.

Respectfully tut.sitted, ICHAEL D. KO N, m. .

STEPHEN M. KOHN, ESO.

DAVID K. COLAPINTO, E50.

Kohn and Associates 524 U Street, N.W.

Washington, D.C. 20001 (202) 234-4663 Attorneys for Petitioner July 8, 1988 4

I

CERTIFICATE OF SERVICE

.I HEREBY CERTIFY that copies of the foregoing document was hand-delivered to Administrative Law Judge Peter B. Bloch, 4350 Eastwest Highway, 4th Floor, Bethesda, MD, on the 8th day of July, 1988; and by first class mail, postage prepaid, except where

• denotes that service was accomplished by hand, on the 9th day of July, 1988 to the following parties:

Office of the Secretary /\ ) '.a Attention: Docketing & Service Branch

$/ ')\

U.S. Nuclear Regulatory Commission s?/

Washington, D.C. 20555 C[Y

.[p]

D (3 copies) ejg(lli386D*

Chairman ASLB Panel 6 y "$fj[ENi U.S. Nuclear Regulatory Commission 533 20 g Washington, D.C. 20555 Qdh g (4 copies) /YJff[ b Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, TN 37830 Dr. Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74075 ALJ Elizabeth B. Johnson Oak Ridge National Labratory P.O. Box X, Building 3500 Oak Ridge, TN 37830 Janice Moore, Esq.

Office of General Counsel U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C. 20555 Mr. Victor Stello U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C. 20555 Jack R. Newman, Esq.

George Edgar, Esq.

Newman & Holtzinger 1615 L Street, N.W., Suite 1000 Washington, D.C. 20036 L

Robert A. Woolridge, Esq.

Worsham, Forsythe, Samples & Woolridge 2001 Bryan Tower, Suite 3200 Dallas, TX 75201 Mr. William G. Counsil Texas Utilities Electric Co.,

Skyway Tower 400 North Olive Street, L.B. 81 Dallas, TTX 75201 Ms. Billie Pirner Garde GAP-Midwest Office 104 E. Wisconsin - B Appleton, WI.54911-Anthony Roisman, Esq.

1401 New York Ave, N.W., Suite 600 Washington, D.C. 20005 Mrs. Juanita Ellis 1426 S. Polk Dallas, TX 75224 By: 4 E' - A

' David K'. Colapinto' l'

l l

l l