ML19290B986

Response to ASLB 791205 Order.Contentions 3 & 9 Withdrawn. Contention 3 Consolidated W/Intervenor Tx Pirg Contention Re Barging Reactor Vessel.Noncompliance W/Order Due to Unavailability of Expert Witness.Cert of Svc Encl

ML19290B986
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	12/17/1979
From:	Hinderstein C AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001090013
Download: ML19290B986 (7)

Text

.'. ' 12/17/79 c?p UNITED STATES OF AMERICA p A? a h

NUCLEAR REGULATORY COMMISSION ,

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THE ATOMIC SAFETY AND LICENSING BOARD 'k.o e  ::u

.,9 In the Matter of 5 ', /

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HOUSTON LIGHTING & POWER COMPANY S Docket -No . 50-466 ,.. -

(Allens Creek Nuclear Generating S Station, Unit 1) $

INTERVENOR CARRO HINDERSTEIN'S RESPONSE TO THE BOARD 'S ORDER OF DECEMBER 5, 1979 Intervenor Carro Hinderstein's responses to the Board's Order of December 5,1979, are as follows:

1. Yes, I want to remain as a party intervenor in this proceeding.

2. I wish to pursue my contention No. 5 which was admitted under the Board's Order dated February 9,1979.

I am not pursuing my contention No. 3, and am consolidating it with TEXPIRG's contention on barging the reactor vessel.

TEXPIRG's attorney, Jim Scott, has been notified of this.

Mr. Copeland, attorney for Hous ton Lighting & Power, was notified of this on September 18, 1979.

I no longer wish to pursue my contention No. 9. Mr. Copeland, attorney for Houston Lighting & Power was notified of this on Sep tember 18, 1979. I hope that an off-site monitoring system is being developed for the proposed Allens Creek site. It appears that the NRC recognizes that its current off-site monitoring systems are inadequate. Fortune, Vol. 100, No. 5, Sept. 10, 19M 126, at 128.

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3. My reasons for not complying with the Board's order compelling me to respond to discovery are:

a. Mr. Howard Saxion, who has been retained by me as an expert witness for my contention No. 5 has been unable because of previous commitments , to respond to the Applicant 's ques tions.

Mr. Samion has informed me that he will be able to gather the necessary data, and fully comply with the discovery questions in January 1980.

A curriculum vitae of Mr. Saxion is appended hereto as

" Exhibit I." P&. Saxion will be available for a deposition, should the Applicant wish to take it after January 1980.

b. I notified Mr. Copeland by phone September 18, 1979, that Nb. Saxion had, at that time, been unable to do the research necessary to comply with discovery.

c. I will not be testifying as an expert witness, and am therefore not personally doing the research necessary to comply with discovery. Therefore, I would not have been able to respond with any answer of substance.

d. Although I am an attorney, my unders tanding of the rules of this agency does not include two s tandards for inter-venors; one for non-attorney and one for attorney intervenors , as Applicant has suggested in its motion to dismiss Ms. McCorkle and myself dated November 9, 1979. This is the first federal agency proceeding that I have been involved with. My federal practice has been limited.

e. I have explained to the Applicant through Mr. Copeland 1729 087 i -

4.

why I failed to respond to the Applicant 's interrogatories.

f. I regret the delay in answering interrogatories propounded by the Applicant, and will endeavor to comply with the Board's Orders.

4 Yes, if given the opportunity, I would comply as promptly as possible with the Board's orders compelling responses to discovery requests. I understand that I am under a continuing duty to update the answers to interrogato_tes .

Respectfully submitted, f

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CARRO HINDERSTEIN, Intervenor 8739 Link Terrace Hous ton , Texas 77025 1729 088 k

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Intervenor Carro Hinderstein's Response to the Board's Order of December 5, 1979, in the heretofore captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, on this the 17th day of December, 1979.

Sheldon J. Wolfe, Chair J. Gregory Copeland Atomic Safety and Licensing 3000 One Shell Plaza Board Panel Hous ton, Texas 77002 U. S. Nuclear Regulatory Cocmission Jack R. Newman Washington, D. C. 20555 1025 Connecticut Ave., N.W.

Washington, D. C. 20036 Dr. E. Leonard Cheatum Route 3, Box 350A James Scott, Jr.

Wa tkins ville , Georgia 30677 8302 Albacore Hous ton, Texas 77074 Gustave Linenberger Atomic Safety and Licensing Brenda McCorkle Board Panel 6140 Darnell U. S. Nuclear Regulatory Houston, Texas 77074' Commission Washington, D. C. 20555 John Doherty Docketing and Service Section 4327 Alconbury Street Houston, Texas 77021 Office of the Secretary of the Commission Wayne E. Rentfro Nuclear Regulatory Commission P. O. Box 1335 Washington, D. C. 20555 Rosenberg, Texas 77471 Richard Lowerre David Marrack Assis tant Attorney General 420 Mulberry Lane for the State of Texas Bellaire, Texas 77401 P. O. Box 12548 Capitol Station F. H. Potthoff, III Aus tin, Texas 78711 7200 Shady Villa, #110 Hous ton , Texas 77055 Madeline & Robert Framson Atomic Safety and Licensing 4822 Waynesboro Drive Board Panel Hous ton , Texas 77035 U. S. Nuclear Regulatory Commission Washington , D .C . 20555 g

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CARRO HINDERSTEIN

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CURRICULUM VITAE OF HOWARD SAXION EDUCATION.

Doctor of Philosophy (Candidate) in Water Resources Planning and Public Policy Analysis The University of Texas at Dallas Master of Science in Environmental Sciences (December,1976) g, The University of Texas at Dallas ,,

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Bachelor of Science in Zoology, Ecology and Chemistry (May, 1974)

The University of Texas at Arlington g8 ,g h ^

Elected to the Constituent Council (Student Government),.1973. ,

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PROFESSIONAL AFFILIATIONS 4

Member: American Association for the Advancement of Science to Member: Water Pollution Control Federation EXPERIENCE 1978 to present: Director, Department of Environmental Studies, Gutierrez, Smouse, Wilmut & Assoc., Inc., Dallas, Texas. Mr. Saxion is responsible for the coordination of field studies, data acquisition and interpretation and the w.-iting of environmental studies conducted by the firm. Other activities include business development, coordination with regulatory agencies and preparation of proposals.

1977 to 1978: Environmental Consultant to Burlington Northern. Mr. Saxion

• was responsible for public policy analysis in the fields of energy utilization and transportation and developing publications for technical and public review. These publications were also developed for informational purposes for the Legislatures of Texas, Oklahoma and the Congress of the United States.

1976 to 1977: Administrative Assistant, Texas Committee on Natural Resources.

Mr. Saxion was responsible for the operation of this non-profit conservation organizatior. In his capacity, Mr. Saxion developed policy positions for the organization and published a newsletter.

1974 to 1976: Research Assistant, Department of Pharmacology, The University of Texas Southwestern Medical School at Dallas. Mr. Saxion was responsible for the conducting of in vivo and in vitro assays. The main thrust of the research was the isolation and characterization of vascactive peptides. He was responsible for interpreting and summarizing data for the principal investigators.

" EXHIBIT I" 1729 090

1973: Research Assistant, Department of Biology, The University of Texas at Arlington. Mr. Saxion was responsible for the investigation of three species of freshwater gastropoda. Investigations included the collection of specimens, water quality analysis and physiological determinations such as oxygen utilization and thermal stress.

PARTICIPATION IN PUBLICATIONS

1. Robert McMahon, " Growth, Reproduction and Life Cycle in Six Texan Populations of Two Species of Freshwater Limpets", The American Midland Naturalist, Vol. 95, No. 1, January 1976, pp. 174-185.

2. Robert McMahon, " Effluent-Induced Interpopulation Variation in the Thermal Tolerance of Physa Vi gata (Gould)", Como. Biochem Physiol.,

176, Vol. 55A, pp. 23-28.

3. Robert McMahon, "ETfects of Artificially Elevated Water Temperature on the Growth, Reproduction, and Life Cycle of a Natural Population of Physa Virgata (Gould)", Ecolocy, Vol. 56, No. 5 Summer 1975, pp. 1167-1175.

4. Robert McMahon "New Distribution, Records for Three Species of Freshwater Limpet (Pulmonata: Ancylidae) from North Central Texas", Malacolooical Review, Vol. 9, 1976, pp. 124-125.

5. Gesce et. al., " Induction of Particle-Bound Renin and Arginine Esterase by Testosterone in the Mouse", Biochemical Pharmacolocy, Vol. 25, 1976, pp. 763-768.

6. Ward et. al., " Isolation of Membrane-Bound Renal Kallikrein and Kininase", Biochemical Journal, (1975), 151, pp. 755-758.

7. Primary Productivity, Lake Ray Hubbard, University of Texas at Dallas for the City of Dallas, Texas and the North Central Council of Governments. *

8. Frequent contributor to the lay press through newspapers and environmental publications.

9. Mr. Saxion has been an expert witness in several legal proceedings in U.S. District Courts. He has also testified before several committees of the Congress of the United States, the Texas Legislature and various regulatory agencies. Mr. Saxion has delivered addresses to such groups as the Society of Petroleum Engineers' Annual meeting, the National Association of Business Economists as well as numerous environmental organizations.

PERSONAL Birthplace: Tacoma, Washington Citizenship: U.S.A.

Language: English, some German 1M9 09i

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SUPPLEMENTAL INFORMATION CIVIC ACTIVITIES (current)

1. U.S. Environmental Protection Agency (Region VI) Public Participation Advisory Committee.

2. Advisory Committee for the Science and Technology Magnet School, Dallas, Texas Independent School District.

3. Regional Vice-President and -

Chairman of the Southern Plains Regional Conservaticn Committee, Sierra Club.

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