ML19256E533

Response to Opposition to Jf Doherty Motion to Dimiss or Postpone CP Application.Allegations of Const & Control Deficiencies Are Not Based on Proper Foundation & Are Contrary to NRC Regulations.Certificate of Svc Encl

ML19256E533
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	10/11/1979
From:	Copeland J, Newman J BAKER & BOTTS, HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7911070583
Download: ML19256E533 (5)

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UNITED STATES OF AMERICA .-;.1 ' ,

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NUCLEAR REGULATORY COMMISSION ...,

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD \'

h In the Matter of S S

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

(Allens Creek Nuclear Generating S Station, Unit 1) 5 APPLICANT'S RESPONSE TO JOHN F. DOHERTY'S MOTION TO DISMISS OR POSTPONE APPLICANT'S CONSTRUCTION LICENSE APPLICATION Intervenor Doherty has filed a " Motion to Dismiss or Postpone Applicant's Construction' License Application" on grounds of:

(1) alleged deficiencies in the construction of the South Texas Project; (2) alleged deficiencies in the control of the South Texas Project and the fact that certain employees of Applicant have enrolled in a course taught by Doherty on the

" Hazards of Nuclear Power Plants"; and, (3) obscure references to Applicant's motivation for proceeding with the ACNGS project.

The motion is totally without any basis, is contrary to NRC regulations, and should be dismissed.

' " 3 139 79110702527-?

With respect to intervenor's first point, we believe that all, or nearly all (it is difficult to tell because of the vagueness of the language), of the assertions are matters at issue in the STP proceeding and will be adjudicated there.

Houston Lighting and Power Company, et al. (South Texas Project, Units 1 and 2) Memorandum and Order, August 3, 1979. Intervenor has not established that those assertions, even if true, have any relevance to ACNGS, a project of smaller magnitude, in-corporating a different type of reactor and to be designed and built by a different engineer-constructor.

Sub-points 1 and 3 of intervenor's second ground (page 3) are subject to the infirmity noted above with re -

spect to the first ground for the motion. The second sub-point, dealing with the course taught by intervenor, is plainly fatuous.

The vague statements regarding Applicant's motivation in pursuing the ACNGS project suggest that Applicant has a reason for building ACNGS other than the need to provide reli-able and ecenomical electric energy. Intervenor has provided no basis for this assertion other than his own unfounded speculation.

Finally, contrary to intervenor's suggested pro-cedure, NRC regulations contemplate that the Scard wi?.1 issue

"3 140 an initial decision ruling on the application based upon the record made in the proceeding. 10 CFR S 2.760. Intervenor provides no underlying basis as to why the Board should do otherwise in this proceeding.

For the reasons discussed above, the motion should be dismissed.

Respectfully submitted,

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Y - ANN $ Wk OF COUNSEL: J. Gre' gory @pe and /

phomas F d e, Jr.

BAKER & BOTTS arles G. Th ash, Jr.

3000 One Shell Plaza 1000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1025 Connecticut Ave., N.W. 1025 Conrecticut Ave., N.W.

Washington, D. C. 20036 Washington, D. C. 20036 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER CCMPANY

"3 141

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

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

(Allens Creek Nuclear Generating S Station, Unit 1) S CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Applicant's Response to John F. Doherty's Motion to Dismiss or Postpone Applicant's Construction License Application in the above-captioned proceeding were served on the fol-lowing by deposit in the United States mail, postage prepaid, or by hand-delivery this ll % day of (CcJth , 1979.

Sheldon J. Wolfe, Esq., Chairman Richard Lowerre, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel for the State of Texas U.S. Nuclear Regulatory Commission P. O. Box 12548 Washington, D. C. 20555 Capitol Station Austin, Texas 78711 Dr. E. Leonard Cheatum Route 3, Box 350A Hon. Charles J. Dusek Watkinsville, Georgia 30677 Mayor, City of Wallis P. O. Box 312 Mr. Gustave A. Linenberger Wallis, Texas 77485 Atomic Safety and Licensing Board Panel Hon. Leroy H. Grebe U.S. Nuclear Regulatory Commission County Judge, Austin County Washington, D. C. 20555 P. O. Box 99 Bellville, Texas 77413 Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of the Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 R. Gordon G0cch, Esq. Atomic Safety and Licensing Baker & Botts Board Panel 1701 Pennsylvania Avenue, N. W. U.S. Nuclear Regulatory Washington, D. C. 20006 Commission Washington, D. C. 20555

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Steve Schinki, Esq.

Staff Counsel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 John F. Doherty 4327 Alconbury Street Houston, Texas 77021 Madeline Bass Framson 4822 Waynesboro Drive Houston, Texas 77035 Robert S. Framson 4822 Waynesboro Drive Houston, Texas 77035 Carro Hinderstcin 8739 Link Terrace Houston, Texas 77025 D. Marrack 420 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell Houston, Texas 77074 F. H. Pottho f f , III 7200 Shady Villa, #110 Houston, Texas 77055 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 James M. Scott, Jr.

8302 Albacore Houston, Texas 77074 M ,

J Grego; C elarid 1n. .

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