ML19320C301

Status Rept Re Settlement Negotiation Progress.Expresses No Optimism for Agreement W/Doj But Agreement W/Nrc May Be Reached Re License Conditions Dealing W/Bulk Power Wheeling Rates.Certificate of Svc Encl

ML19320C301
Person / Time
Site:	South Texas, Comanche Peak
Issue date:	07/11/1980
From:	Knotts J, Samples M DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC), WORSHAM, FORSYTHE, SAMPELS & WOOLRIDGE (FORMERLY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007160625
Download: ML19320C301 (6)

Text

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USNRC ,

UNITED STATES OF AMERICA h JUL j4gggOS 7g NUCLEAR REGULATORY COMMISSION OO -

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% ag nke in In the Matter of:

% s HOUSTON LIGHTING AND POWER CO., ) Docket No .

(.et al ) 50-499A

)

(So'Ith Texas Project, Units )

1 and 2) )

)

TEXAS UTILITIES GENERATING ~ ) Docket Nos. 50-445A COMPANY, et al ) 50-446A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

TUGCO'S STATUS REPORT By its order of June 13, 1980, the Licensing Board further deferred the procedural dates in this proceeding to permit and encourage settlement negotiations among the parties.

A written status report was directed to be delivered to the Board by each party by 4:00 p.m. on July 11, 1980.

'Since its last' status report on June 9, 1980, TUGCO has continued to make every effort to resolve the remaining outstanding issues. Initially, TUGCO continued its efforts to resolve its disputes with the NRC Staff. That effort, with a few exceptions, was completed on June 23, 1980 and was embodied in proposed-license conditions which were immediately forwarded to the' Department of Justice (which received them on the morning of June 24, 1980) for review and comment. At the same time, a conference was sought'to discuss the proposed liceOse conditions with the Department.

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Thereafter, most of the unresolved issues were resolved with the NRC Staff and a revised set of proposed license conditions dated July 3rd and marked to show the changes from the draft dated June 23, 1980 were also immediately made avail-able to the Department.' The following week, TUGCO continued its efforts to resolve all' remaining disputes.with the NRC Staff with continuing progress being made. These efforts were continued in conferences held in Washington on July 9th and July 10th. As a result, all remaining issues of substance were resolved except two.

As we perceive it, the major issue separating TUGCO and the NRC Staff from complete agreement revolves around whether license conditions should deal with wheeling rates in the manner presently proposed by the 7taff for bulk power moving to, from and over the d.c. asynchrone.us interconnections being proposed at.the FERC by Central Power & Light and' Houston Lighting &

Power. The other issue involves the question of access to any d.c. asynchronous tie which may be owned in the future by TUGCO.

Discussions are continuing with regard to these two issues, and TUGCO remains hopeful that they can be resolved in the near future.

Despite TUGCO's requests to meet earlier, the requested conference with the Department of Justice was not held until July 9, 1980, at which time, the Department's spokesman was not prepared to discuss the license conditions received by them on June 24, 1980. Suffice it to say that the apartment's position, in the judgment of TUGCO,-as reported at the

June 10th conference, had not changed. TUGCO was advised that the matter was now being considered "at the n.ghest levels of the Department" but no decision would be forthcoming until after the July 14, 1980 conference.

In the circumstances, there is a good prospect for complete agreement on license conditions between TUGCO and the NRC Staff in the next few weeks. There is,~unfortunately, no basis for optimism regarding agreement with the Department.

TUGCO expects to be in a position to discuss the future course of these proceedings at the conference on Monday, July 14th.

Respectfully submitted, l'y h d.$ h y L' J j{

Merlyn D. Sampels~

WORSHAM, FORSYTHE & SAMPELS 2001 Bryan Tower Dallas, Texas 75201 OF COUNSEL:

Joseph B. Knotts, Jr.

DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 DATE: July 11,' 1980

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of:

HOUSTON LIGHTING AND POWER CO., ) Docket Nos. 50-498A

_e t _a l . ) 50-499A (South Texas Project, Units )

1 and 2) )

)

TEXAS UTILITIES GENERATING ) Docket Nos. 50-445A COMPANY, et al. ) 50-446A

)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of "TUGCO's Status Report" in the above captioned matters, were served upon the following persons by deposit in the United States mail, first class postage prepaid or by hand delivery as indicated by an asterisk this lith day of July, 1980.

• Alan S. Rosenthal, Chairman

• Marshall E. Miller, Esq.

Atomic Safety and Licensing Chairman Appeal Board Atomic Safety and Licensing U.S. Nuclear Regulatory Board Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C: 20555

• Michael C. Farrar, Esq.

Atomic Safety and Licensing

• Michael L. Glaser, Esq.

Appeal Board Glaser, Fletcher & Johnson U.S. Nuclear Regulatory 1150 17th Street, N.W. Ste. 1007 Commission Washington, D.C. 20036 Washington, D.C. 20555

• Sheldon J. Wolfe, Esq.

• Thomas S. Moore, Esq. Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

, ,. Chase R. StLphens Roff Hardy Docketing and Service Branch Chairman and Chief Executive U.S. Nuclear Regulatory Officer Commission Central Power and Light Washington, D.C. 20555 Company P.O. Box 2121 Mr. Jerome D. Saltzman Corpus Christi, Texas 78403 Chief, Antitrust and Indemnity Group Mr. Perry G. Brittain Nuclear Reactor Regulation President U.S. Nuclear Regulatory Texas Utilities Generating Commission Company Washington, D.C. 20555 2001 Bryan Tower Dallas, Texas 75201 J. Irion Worsham, Esq.

Merlyn D. Sampels, Esq. R.L. Hancock, Director Spencer.C. Relyea, Esq. City of Austin Electric Worsham, Forsythe & Sampels Utility 2001 Bryan Tower, Ste. 2500 P.O. Box 1086 Dallas, Texas 75201 Austin, Texas 78767 Jon C. Wood, Esq. G.W. Oprea, Jr.

W. Roger Wilson, Esq. Executive Vice President Matthews, Nowlin, Macfarlane & Houston Lighting & Power Barrett Company 1500 Alamo National Building P.O. Box 1700 San Antonio, Texas 78205 Houston, Texas 77001 Dick Terrell Brown, Esq.

• Susan B. Cyphert, Esq.

800 Milam Building Frederick H. Parmenter, Esq.

San Antonio, Texas 78205 David A. Dopsovic, Esq.

Charles G. Thrash, Jr., Esq. ggggptgbgkggg,* Esq.

E.W. Barnett, Esq. kenSekOYU"hksz!drysgsq.

M Theodore F. Weiss, Esq. U.S. Department of Justice J. Gregory Copeland, Esq. Antitrust Division Baker & Botts P.O. Box 14141 3000 One Shell Plaza Washington, D.C. 20444 Houston, Texas 77002 Don R. Butler, Esq.

Steven R. Hunsicker, Esq. 211 East Seventh Street R.Gordon Gooch, Esq. Austin, Texas 78701 John P. Mathis, Esq.

Baker & Botts Jerry L. Harris, Esq.

1701 Pennsylvania Ave., N.W. Richard C. Balough, Esq.

. Washington, D.C. 20006 City of Austin ,

P.O. Box 1088 l

• Fredric D. Chanania,.Esq. Austin, Texas 78767 Michael B. Blume, Esq. I Stephen H. Lewis, Esq. J.K. Spruce, General Manager Ann P. Hodgdon, Esq. City Public Service Board l U.S. Nuclear Regulatory P.O. Box 1771 Commission San Antonio, Texas 78296  :

Washington, D.C. 20555 l l

l l

Robert Lowenstein, Esq.

• George Spiegel, Esq.

• J. A. Bouknight, Jr., Esq. Robert C. McDiarmid, Esq.

William J. Franklin, Esq. Robert Jablon, Esq.

Douglas G. Green, Esq. Marc Poirier, Esq.

Lowenstein, Newman, Rois, Spiegel & McDiarmid Axelrad & Toll 2600 Virginia Ave., N.W. Ste. 312 1025 Connecticut Ave., N.W. Washington, D.C. 20037 Washington, D.C. 20036 W N. Woolsey, Esq.

John W. Davidson, Esq. Dyer and Redford Sawtelle, Goode, Davidson & 1030 Petroleum Tower Tioilo Corpus Christi, Texas 78747 1100 San Antonio Savings Bldg.

San Antonio, Texas 78204 Donald M. Clements Gulf States Utilities Company

• Douglas F. John, Esq. Post Office Box 2951 McDermott, Will and Emery Beaumont, Texas 77704 1101 Connecticut Avenue, N.W.

Suite 1201 Marc J. Wetterhahn, Esq.

Washington, D.C. 20036 Robert M. Rader, Esq.

Conner & Moore Bill D. St. Clair, Esq. 1747 Pennsylvania Ave., N.W.

Morgan Hunter, Esq. Washington,D.C. 20006 McGinnis, Lockridge &

Kilgore Mr. William C. Price Fifth Floor Texas State Bank Central Power & Light Co.

Bldg. P.O. Box 2121 900 Congress Avenue Corpus Christi, Texas 78403 Austin, Texas 78701 Mr. G. Holman King

• . David M. Stahl, Esq. West Texas Utilities Co.

1120 Connecticut Ave., N.W. P.O. Box 841 Suite 325 Abilene, Texas 78604 Washington, D.C. 20036 Kevin B. Pratt, Esq.

Sara Welling, Esq.- Attorney General's Office Michael I. Miller, Esq. State of Texas James A. Carney, Esq. P.O. Box 12548 Isham, Lincoln & Beale Austin, Texas 78711 One First National Plaza Suite 4200

• Frederick H. Ritts, Esq.

Chicago, Illinois 60603 William H. Burchette, Esq.

Northcutt Ely Don H. Davidson Watergate 600 Building City Manager Washington, D.C. 20037 City of Austin P.O. Box 1088 Austin, Texas 78767 QN\ m ghrcl W ' ,

W.S. Robson Jose'h B. Knotty, Jr.

General Manager South Texas Electric

( /

Cooperative, Inc.

. Route 6, Building 102 Victoria Regional Airport Victoria, Texas 779G1

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