ML20205A953

Advises That ASLB Will Receive Jh Goldberg Re Specs of Brown & Root & Plaintiff Claims & Issues Based on Refs to Design & Const.Certificate of Svc Encl.Related Correspondence

ML20205A953
Person / Time
Site:	South Texas
Issue date:	04/22/1985
From:	Axelrad M NEWMAN & HOLTZINGER
To:	Bechhoefer C, Eva Hill, John Lamb Atomic Safety and Licensing Board Panel
References
CON-#285-686 OL, NUDOCS 8504260201
Download: ML20205A953 (4)

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April 22, 1985 'E*'7A.

ROSERT LOwtNSTEIN orcouNSEL Charles Bechhoefer, Esquire chairman, Administrative Judge '

Atomic Safety and Licensing ,

Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,

Dr. James C. Lamb, III Administrative Judge 313 Woodhaven Road '

Chapel Hill, NC 27514 Ernest E. Hill i Administrative Judge Hill Associates 210 Montego Drive Danville, CA 94526

'Re: Houston Lighting & Power Co., et al.

South Texas Project, Units 1 67 ~

Docket Nos., STN 50-498, STN 50-4990L-Dear Members of the Board As the Board is aware from previous communications from Houston Lighting & Power Company (HL&P) and Brown & Root, Inc.

(B&R), HL&P and the other owners of the South Texas Project (STP) are suing B&R and its parent company, Halliburton,'in the District Court of Matagorda County, Texas. The plaintiffs claim that the defendants are responsible for substantial costs and delays in-curred because of breach of contract and other actions'of the defendants.

For your information, you are receiving under separate cover a letter from Mr. J. H. Goldberg to Mr. R. D. Martin, Administrator

-of NRC Region IV, of today's date and its enclosures: (1) the recently received " Specification of Brown & Root's' Claims and a to 3>

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. NswxAw & Hox.Tzzwomm,P. C.

Charles Bechhoefer, Esq.

Dr.. James C. Lamb, III Ernest E. Hill April 22, 1985 Page Two Defenses Pursuant to the Court's Order of November 1, 1984" (dated April 10, 1985); and (2) the Plaintiffs' Specification of Claims and Issues, which B&R is answering.

These pleadings are not subject to the protective order of the court which restricts the di.stribution of information obtained through the court's discovery process.

We have provided th5 BER pleading to Region IV because it 4( contains a variety of references to design and construction matters which are at issue in the litigation. However, as noted.in HL&P's letter to the Regional Administrator, none of these references

' identifies any factual matter of substance not already known by. -

HL&P nor does it present any new nuclear safety concerns relative to the construction of the STP. .

In addition, the B&R pleading conthins references to matters which are or have been the subject of hearings on the STP operating

licenses, including, inter alia, HL&P's handling of 50.55(e)'re-portability matters; the Quadrex Report; and HL&P's handling of the 79-19 investigation and subsequent enforcement action. Our initial i review has not identified any factual information that should be brought to the Board's attention.

HL&P's letter to Region IV states that Region IV will be.

informed if further review of B&R's pleading discloses any informa-tion of current concern related to the project. Copies of any such communication will, of course, also be provided to the Board.' If such review identifies any other factual information that should be brought to the Board'_s attention, we will do so promptly.

Respectfully submitted, M. -

Maurice Axelrad MA/aps cc Service List

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UNITED STATES OF AMERICA ED NUCLEAR REGULATORY COMMISSION U C BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g g25 #0:05 In the Matter of ) gg HOUSTON LIGHTING & POWER Docke 498 OL COMPANY, _ET _AL. ) 50-499 OL (South Texas Project, Units 1 )

and 2) )

CER'I'IFICATE OF SERVICE I hereby certify that a copy of the letter from Maurice Axelrad to the members of the Licensing Board dated April 22, 1985, has been served on each of the following individuals and entities by deposit in the United States mail, first class, postage prepaid, on this 22nd day of April, 1985.

Gary J. Edles, Esq. Thomas S. Moore, Esq.

Chairman, Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. W. Reed Johnson Brian Berwick, Esq.

Administrative Judge Assistant Attorney General Atomic Safety and Licensing for the State of Texas Appeal Board .

Environmental Protection U.S. Nuclear Regulatory Division Commission P.O. Box 12548, Capital Washington, D.C. 20555 Station Austin, TX 78711 Charles Bechhoefer, Esq.~

Chairman, Administrative Judge Kim Eastman, Co-coordinator Atomic Safety and Licensing Barbara A. Miller Board Panel Pat Coy U.S. Nuclear Regulatory Citizens Concerned About Commission Nuclear Power Washington, D.C. 20555 5106 Casa Oro -

San Antonio, TX 78233 Dr. James C. Lamb, III Administrative Judge Lanny Alan Sinkin 3022 Porter Street, N.W., #304 313 Woodhaven Road 20008 Chapel Hill, NC 27514 Washington, D.C.

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Ernest E. Hill Ray Goldstein, Esq.

Administrative Judge Gray, Allison & Becker Hill Associates 100 Vaughn Building 210 Montego Drive 807 Brazos i 78701-2553 Danville, CA 94526i Austin, TX Mrs. Peggy Buchorn' Oreste Russ Pirfo, Esq.

Executive Director Robert G. Perlis, Esq.

Citizens for Equitable Office of the Executive Utilities, Inc. Legal Director Route 1, Box 1684 U.S. Nuclear Regulatory Brazoria,,TX 77422 '

Commission Washington, D.C. 20555 4

i Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Board ,

U.S. Nuclear Regulatory i Commission Washington, D.C~. 20555 Commission

? Washington, D.C. 20555 Docketing and Service Section '

Office of the Secretary U.S. Nuclear Regulatory

Commission Washington, D.C. 20555

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