ML20003H798

Motion for Addl Testimony & cross-examination on Conservation Techniques,Interconnection & Effects of Const Delay.Proceedings Have Not Addressed These Issues. Certificate of Svc Encl

ML20003H798
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	04/22/1981
From:	Doherty J DOHERTY, J.F.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20003H799	List: ML20003H798 ML20003H802
References
ISSUANCES-CP, NUDOCS 8105070462
Download: ML20003H798 (3)

Text

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 .,. .                                                             April 22,1981               #          '
                                                                                        //                      v UNITED STATES OF .U* ERICA                                       7~.

NUCLEAR REGULATORT COMMISSION gj. c: Q , BEFORE TE 13DMIC SAFETY & LICENSING 30ARL pg , In the Matter of: 6 g,, i j, E_ HOUSTON LIGHTING & PC' DER CO. (Allens Creek Nuclear Gen-Docket No. 50-466 CP 4 4 Y .N o-M ~ erating Station, Unit 1) '" JOHN F. DOHERTY'S MOTION FOR ADDITIONAL TESTIMONY AND CROSS EyU4INATION ON CONSERVAIION TECHNIQUES, INTERCONNECTION AND THE EFFECTS OF DELAY OF CONSTRUCTION FROM APPLICANT & F Johr F. Doherty, Intervenor pro-se in the above pzp/@  : Of j ceeding now files this first motion as titled above. T$tsg 'D 0 s 7pg Intervenor is in receipt of a letter and attachment to g , Board of March 27, ^981, from Counsel Newman, relevant / ' this proceeding, stating Applicant's ". . . [dpnstruction se e tn ule ~ will be attenuated owing td financial constraints. In-tervenor is further in receipt of the attached Houston Post article of March 28, 1981 which informs of the delay and gives statements of Applicant's Vice President G. Oprea (' withregardtoa"..$badmanagementprogramthat'sexpected to save 1,200 megawatts by 1990", that "...[zieduce(ing) system voltage during extreme peak periods" is being' considered" l and that HI&P also hopes to buy more electric power from neighboring t.tilities throughout the 1980s. The Commission's rules permit the Board wide discretion in the case of newly arising circumstances. Hence, both 40 CFR 2.718 (j) which permit re-opening of a proceeding and 10 CFR 2.718 (1) which permit any ac'tY5'n' con'sisteilt ' with the Act, Sec. 2 of 10 CFR, and Sec.: 551- 558 of title-l 5 of U. S. Code (Administrative Procedures Act), empower this Board to gather testimony and other, evidence in li6ht

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of Applicant's change in construction plans. gelow,wthi_s , Intervenor will show the announced changes impact 1o'n the .

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decision to be rendered by this Boarti sufficiently to reouire additional testimony, cross-examination and other ' fact finding. These are now sought under 10 CFR 2.718 (k) ( _ '~. of the Rules of Practice.

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       ,.                                                                                                 l The most significant revelation in Applicant's March 27, 1981                  l letter and its attachment, and the newspaper article which is

( - confirmed in the attachment is the proEram of load management I Apolicant intends to use. There was no written testimony with reSard to this from Applicant's witness Guy. .Loade. management  : would appear to have particular impact on exhibit'JDG-4; a part of that testimony. (Unfortunately the Feb. 9 transcript

            -       of Guy's testimony is unavailable at this time) ThiseIntervanor recalls.but,a' sing 16. question on the use of load management conservation asked Witness Guy.

With re6ard to construction delay, TexPIRG Counsel Scott asked a single question on delay (Tr. 5507-8) which was objected to successfully. The Transcript (Tr. 5512) shows there were no Board questions to this witness. Hence no' questions with regard to load management consertation nor construction were asked. - Because the changes announced by Applicant effect the testimony, and

                    $N5usacrossexaminingpartiesandtheBoardwerewithoutthislater
        -            information, conclusions drawa by them may be erroneous, out of date, b              may unfairly prejudice them. Therefore, this Intervenor moves the Board request the testimony above.

Respectfully-Submitted, John F. Doherty, J. D. Intervenor pro-se CERTIFICATE OF SERVICE Copies of " JOHN F. DOHERTY'S MOTION FOR ADDITIONAL TESTIMONY AND CROSS EXAMINATION ON CONSERVATION TECHNIQUES, INTERCONNECTION AND THE EFFECTS l

OF DELAY OF CONSTRUCTION FROM APPLICANT AND STAFF" were served on the l parties below via First Class U. S. Postal Service, this of April, 1981.

Sheldon Wolfe, Esq., Custave A. Linenberger, Dr. E. Leonard Cheatum, Admin-istrative Judges. J. Gregory Copeland, Esq., and Jack R. Newman, Esq. Counsel for Applicant Richard A. Black, Esq. Counsel for Staff Docketing & Service, NRC Atomic Safety Licensing & Appeal Board ( Richard Priester, Esq., State of Texas The Several Intervening Parties

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IlLAP I:: presently appealing to the y gw "is - d w o,,e N .",3 O f {3 t

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3 m $ E ... lion rate increase granted by the flow

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ton Cit / Council last summer. The city Ejb Em $3 6 5 V'g gL0 *8 E5 .-i *

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                                                                                                                              would encourage them to use power in staff and IIL&P had agreed to a $131 I g g 5 a%S S-8                                         $.     -
                                                                                                                  ,             o f pcak hours.                                       million increase, but the council relu,.ed
                                                                     .            .             p                                     rdan said oiner ancenuve programs to accept the compromise.

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• S g 'E {T @ f' I f.S "$,u$5 3 5.y1 are being considered that would cut the The utility put the $t31.4 million rate 1 j?$ o.$3M$ a b $g,*.3 2 peak requirements of commercial and hike into effect last Octcber, subject to '

g u4ySgoe oa an .,, y . 3 E 8 E residential air conditioning. refund if the appeal is lost.

                           .                                                   .E         (E8                                   - anc ouject or ine iv.J ..ianagement                     Also, Jordan said Ill AP's plan is de-hN
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                                                                                          ,, p a       i                                 {EE because "that is what Plant a,d Industrial Fuel the A * -! . 4 Program will be to cut peak use, Painter pendent upon chae.ges in the Power emphastred, c M3 x$          E E0 *j , *E E 8.2g g g g;                    ' gE gEy                                 drives the demand for new plants."                    that will allow continued burning of *,.on-HL&P ntno hopes to buy more electric ral gas to generate electrh Ity bc}oud
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                  -g                                                        ~                                                   power from netchboring utilities through- 1990. This act prohlt,lts gas use af ter that g 'e Co $                    Se                     5 oo        d"O gE        h                            out the 1980s. 'the utility company, which date.
                    -/.#g$E3             E 2*"s$                                                                              exercised a contract to buy power from                   "Over half our plants are gas-fired h        D           T,5 E E:E                g 2 B "Y
                                                .5g,Ib',,.o.p3${~gyg      E5 % E a 5e                                           the city of Austin durlag last summer's an 1 the act must be amended." Jordan
                    $E E" leu 3 [E E    D       {a           52S          " 5*E       g ~~o g            heat wave has a similat, contract with said. "Our contimed use of these planta h        roEna     j .1,E E 'k'.g m3yE         ~~E                                  San Antonio that goes into effect next is essential !! we are to meet the electrl-

[ S $ )! h ,y 8.?:$.bN N E hs c:,2 8xu year. cal requirements of this area." t 6- =SEm3aaa Despite the construction slowdown. The five plants that will be affected by gr 23$$5ti435o EEEE "*

• consumers can't expect any relief in con. the delay include four lignite-fireil imos stantly rising electricity bills. Annual orfitically scheduled to go on line in 190. .

og, rate increases will still be necessary, 1986.1967 and 198R and the Allens Creek '

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• U ,53.,E 9 e -fx Jordan insisted. nuclear generating station formesty due

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                                                                                            }g                                      Painter said the rate rap.est ha/s for compledon in 1M won't be as large or as frequent .ts they                Jordan said the new target completian 9                       $$Ee Gg2==~g D                                   EtS                         (     would have tven under the osigimd pro- dates will not change the gioundbacak.

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( gram. "But they will be as great. If not Ing d.ues of any of the five idants nor greater than the rate increases of the will the sche. luted two-year deiay affect g g o. 5mt E8$ past because we will have greater expen- the coal fired unit now under comtruc-88hh[,jp I', ,,, as ExEE o Ec2 3 $ $ $ 3 g"E o {i ditures than we have had up to now,"llon he at the W. A. Parish Plant on the . h t $E.E ?53 0.e 3 3 U S'S S d.3 $jy reported South Texas nuclear project. [ ! 4J $ NN k 3 E$hD8 kb b*  ! ~c i 'O

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