ML20236V058

Response of Brown & Root to Motion for Reconsideration.* Brown & Root Gives Notice That It Does Not Intend to Respond Further.Neither Motion for Reconsideration Nor Affidavit Contradicted Initial Filing.Certificate of Svc Encl

ML20236V058
Person / Time
Site:	Comanche Peak
Issue date:	11/25/1987
From:	Downey B BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4950 CPA, NUDOCS 8712040060
Download: ML20236V058 (5)

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4 DOWETED USNRC UNITED STATES NUCLEAR REGULATORY COMMISSION iR 30V 30 P3:04 l

Before the Atomic Safety and Licensing Board 0FHCE N MCROAFY DOCK [ilNG & S[b'V!E BRANCH In the Matter of )

)

TEXAS UTILITIES ELECTRIC COMPANY, )

et al., ) Dkt. No. 50-445-CPA

)

(Comanche Peak Steam Electic Station )

Unit 1) )

RESPONSE OF BROWN & ROOT TO MOTION FOR RECONSIDERATION On September 14, counsel for Meddie Gregory filed a notice of withdrawal of intervention. That notice contained several fact-ual inaccuracies concerning the settlement of the claims Ms.

Gregory filed against Brown & Root under Section 210 of the Energy Reorganization Act of 1978. On October 8, Brown & Root filed a motion for leave to respond to the notice, which motion was granted by Order of October 16. The response filed pursuant to the Order sought no relief; rather, it was carefully limited to (1) a recitation of the undisputed facts that led to the settlement of Ms. Gregory's claim, and (2) identification of those parts of the notice that were inconsistent with those facts.

In the Order of October 16, the Board, sua sponte, also struck certain portions of the notice. On October 23, counsel

'for Ms. Gregory filed a motion for reconsideration of portions of the Order. At a Prehearing Conference held in Dallas on Novem-ffR120AOOs0 973ggg ,

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'k ber 2 and 3, the Board denied the motion for reconsideration. As Brown & Root had not yet responded to the motion, the Board also advised Brown & Root that it could submit a response to that motion if a further response was necessary. The Board indicated, however, that it did not plan on taking further action with respect to the motion.

Brown & Root filed papers in this proceeding simply to ensure that the undisputed facts leading to its settlement with Ms.

Gregory were before the Board.

Neither the motion for reconsid-eration, nor the affidavit filed with it, contradicts the facts recited in Brown & Root's initial filing. Brown & Root believes that the Board's initial Order and the order on reconsideration are fully supported by those facts. Accordingly, Brown & Root herewith provides notice that it does not intend to respond further regarding this matter.

Respectfully submitted, BYuce L.'Downe?

BISHOP, COOK, PURCELL & REY O JS 1200 Seventeenth Street, .W.

Washington, D.C. 20036 (202) 857-9800 Counsel to Brown & Root in Gregory

v. Brown & Root, No. 85-ERA-1.

This 25th day of November 1987.

_a DOCKETED 05NRC UNITED STATES NUCLEAR REGULATORY COMMISSION 17 Nmf 30 P3:04 Before the Atomic Safety and Licensing Board QFricE c: a a t. m v u0CMEIiNG & S[ityggf' BRANCH In the Matter of )

)

TEXAS UTILITIES ELECTRIC COMPANY, )

et al., ) Dkt. No. 50-445-CPA

)

(Comanche Peak Steam Electic Station )

Unit 1) )

CERTIFICATE OF SERVICE I hereby cetify that I have served the attached Response of Brown & Root to Motion for Reconsideration upon the following persons at the indicated addresses. Service was made by first '

class mail, postage prepaid.

Lando W. Zech, Jr., Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Thomas M. Roberts, Commissioner -

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Frederick M. Bernthal, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Kenneth M. Carr, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Alan S. Rosenthal, Chairman Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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Howard A. Wilber Administrative Judge Atomic Safety &. Licensing Appeal Board -

U.S. Nuclear Regulatory Commission Washington,HD.C. 20555 Thomas S. Moore-Administrative Judge Atomic Safety & Licensing Appeal Board U.S. Nuclear Regulatory Commission

-Washington, D.C. 20555 Peter B. Bloch Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Kenneth A. McCollom 1107 W. Knapp Stillwater, OK 74075 Dr. Walter H. Jordan 881 West Outer Drive Oak Ridge, TN 37830 Elizabeth B. Johnson Oak Ridge National Laboratory P.O. Box, Building 3500 Oak Ridge, TN- 37830 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Geary S. Mizuno, Esq.

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 y

' thomas G. Dignan, Jr.

Ropes & Gray 225 Franklin Street Boston, MA 02110 )

Juanita Ellis, President Citizens Association for Sound Energy 1426 South Polk Dallas, TX 75224

=

Billie P. : Garde, Esq.

Government Accountability Project - Midwest Office 104 E. Wisconsin Ave.

Appleton, WI 54911 William Burchette Foster DeReitzes Heron, Burchette, Ruckert & Rothwell 1025 Jefferson Street, N.W.

Suite 700 Washington, D.C. 20007 Robert A. Jablon Spiegel & McDiarmid 1350 New York Ave., N.W.

Suite 1100 Washington, D.C. 20005 William W. Vernon Blake Tartt Fulb~right & Jaworski 1301 McKinney Street Houston, TX 77010 Anthony Z. Roisman, Esq.

1401 New York Avenue, N.W.

Suite 600 Washington, D.C. 20005 This 25th day of November, 1987.

Brdce L. Downey i

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