ML19347A924

Comments on Stipulation & Proposed License Conditions. Recommends Approval Although Solution to All Antitrust Problems Is Not Guaranteed Through Incorporation of Conditions.Reserves Right to Be Full Party If Hearing Held

ML19347A924
Person / Time
Site:	South Texas
Issue date:	09/25/1980
From:	Hunter M, Danny John MCDERMOTT, WILL & EMERY, MCGINNIS, LOCHRIDGE & KILGORE, MEDINA ELECTRIC COOPERATIVE, INC., SOUTH TEXAS ELECTRIC COOPERATIVE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19347A925	List: ML19347A924 ML19347A932
References
ISSUANCES-A, NUDOCS 8009300533
Download: ML19347A924 (2)

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UNITED STATES OF AMERICA g NUCLEAR REGULATORY COMMISSION p

$(p*% ,q BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' *r O g{

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HOUSTON LIGHTING AND POWER ) Docket Nes. 50-498 CO., et al. (South Texas ) 50-499A Project, Units 1 and 2) )  !

COMMENTS OF SOUTH TEXAS ELECTRIC COOPERATIVE, INC.

AND MEDINA ELECTRIC COOPERATIVE, INC. ON STIPULATION AND PROPOSED LICENSING CONDITIONS _

South Texas Electric Cooperative, Inc. and Medina Electric Cooperative, Inc. (STEC/MEC), intervenors herein, have e:r-cined the License Conditions for the South Texas Project, Units No.'l and 2, dated September 12, 1980, agreed to by stipulation of the Department of Justice, NRC staff, Houston Lighting and Power Company, Central and South West Corporation, City of Austin *,

and the City Public Service Board of San Antonio *. These condi-tions and the accompanying stipulation were transmitted to the Board in conjunction with Settlement Status Reports filed Sep-tember 15, 1980. During a prehearing conference convened by the Board on that date, September 24, 1980 was designated as the date for submission of written comments by other interested parties.

By motion filed September 24, 1980, STEC/MEC requested a one-day extension of that deadline.

STEC/MEC generally support incorporation of these proposed conditions into the operating license to be issued for the South Texas Project, Units No. 1 and 2. While STEC/MEC do not believe that these conditions represent a guaranteed solution to all problems which gave rise to this antitrust proceeding, STEC/MEC 2re of the opinion that, cotsidered as a whole, these conditions go a long way toward avoiding a recurrence of the operating crisis which occurred during the period 1976-1977, following bifurcation of the Texas Interconnected System. Prevention of such a recur-rence is, and has been, one of STEC/MEC's primary objectives in participating in this proceedings.

• At the time this Stipulation was filed with the Board, the relevant governing bodies of the cities of Austin and San Antonio had not formally approved its endorsement. STEC/MEC understand that such endorsement has now been obtained, or will be obtained in the near future.

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Adoption of a sLmilar set of license conditions for the Comanche PePh Project should provide an additional measure of operational security for TIS members and their customers.

For these reasons, STEC/MEC rec >mmend that the Board issue an order accepting and approving the.se proposed conditions.

STEC/MEC do, however, expressly recarve the right to participate as a full party in any hearing which may eventuate in this pro-ceeding.

• Respectfully submitted,

.f Douglas F. Q hn McDERMOTT, WILL & EMERY Suite 500 1850 K Street, N.W.

Washington, D.C. 20006 Attorney for:

South Texas Electric Cooperative, Inc.

and Medina Electric Cooperative, Inc.

OF COUNSEL:

Morgan Hunter, Esquire McGINNIS, LOCERIDGE & KILGORE Texas State Bank Building Fifth Floor 900 Congress Avenue Austin, Texas 78701 Dated: September 25, 1980

• This reservation applies to any hearing which may be con-vened as a result of a finding by the Board that the stipu-i lation on its face has not been shown to represent fair and l legal resolution of all issues in this proceeding, as well I as to any hearing which may be convened upon motion of Central and South West Corporation pursuant to the authority which, according to its September 15, 1980 Status Report, it has reserved to itself in entering into the instant stipulation.