ML19261D909

Opposition by Applicant to Intervenor Fh Potthoff Undated Motion for 15-day Extension to File Submission,Per ASLB 790411 Order.Potthoff Has Not Shown Good Cause for Extension;Motion Should Be Denied.Certificate of Svc Encl

ML19261D909
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	05/14/1979
From:	Copeland J, Newman J, Thrash C BAKER & BOTTS, LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7906280262
Download: ML19261D909 (4)

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UNITED STATES OF AMERICA '

$ 4",

NUCLEAR REGUT.ATORY COMMISSION l BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 5 S

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

(Allens Creek Nuclear Generating S Station, Unit 1) S APPLICANT'S RESPONSE TO POTTHOFF MOTION FOR EXTENSION OF TIME Applicant is in receipt of an undated motion filed by Mr. F. H. Potthoff entitled "Two Motions Concerning the April 12 Order". The first part of Mr. Potthoff's motion -

relates to the fact that he did not receive a copy of the ,

Board's order of April 11 until April 25. This part of Mr.

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Potthoff's motion is mooted by the Board's order of May 1, 1979, giving Mr. Potthoff and others until May 25 to file their submissions.

Mr. Potthoff also asked the Board to grant him 45 days rather than 30 days to file the submission required by the Board's April 11 order. As to the first ground for this request for an. extension, Mr. Potthoff states that he is not an expert in these proceedings and is unsure if he can present correctly worded contentions in the time allotted. Mr. Potthoff does not explain how the additional time request would help him in this regard. Mr. Potthoff has ample guidance from the Board's orders of February 9 and April 11, as well as the 2210 017 7906280

Applicant and Staff's prior responses'to his contentions, to educate him as to the defects in his contentions... The only task before him is to cure those defects, which does not require any expertise peculiar to this proceeding.

In addition, Mr. Potthoff alleges as grounds for an extension the fact that he has to work for a living.

That fact alone is not grounds for an extension of time under any circumstances. The discovery and hearing process will place increasingly rigorous demands upon the time requirements for participation in this proceeding, and Mr.

Potthoff must meet those time requirements like any other party in this proceeding.

In short, Mr. Potthoff has not shown good cause for a further extension and his motion should be denied.

Respectfully submitted, 1

OF COUNSEL: ' '

/ Gregory nd BAKER & BOTTS Cparles G.pCop Th h 3000 One Shell Plaza 000 One Shell Plaza Houston, Texas 77002 ouston, Texas 77002 LOWENSTEIN, NEWMAN, REIS, Jack R. Newman AXELRAD & TOLL Robert H. Culp 1023 Connecticut Ave., N.W. 1025 Connecticut Ave., E.W.

Washington, D. C. 20036 Washington, D. C. 20036 Attorneys for Applicant HOUSTON LIGHTING & POWER COMPANY 22iD 018

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE TEE 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 Potthoff Motion for Extension of Time in the above-captioned proceeding were served on the following by deposit in the United States mail, postage prepaid, or by hand-delivery this /M day of /Jfe ,

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. 20575 P. O. Box 99 Bellville, Texas 77418 Chase R. Stephens Docketing and Service Section Atomic Safety and Licensing Office of the Secretary of .he Appeal Board Commission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 R. Gordon Gooch, 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 22i0 019

Steve Schinki, Esq.

Staff Counsel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 John F. Doherty 4438 1/2 Leeland Houston, Texas 77023 Madeline Bass Framson 4822 Waynesboro Drive Houston, Texas 77035 Robert S. Framson 4822 Waynesboro Drive Houston, Texas 77035 Carro Hinderstein 8739 Link Terrace Houston, Texas 77025 D. Marrack 420 Mulberry Lane Bellaire, Texas 77401 Brenda McCorkle 6140 Darnell Houston, Texas 77074 F. H. Potthoff, III 1814 Pine Village Houston, Texas 77080 Wayne E. Rentfro P. O. Box 1335 Rosenberg, Texas 77471 James M. Scott, Jr.

8302 Albacore Houston, Texas 77074 J Gregor C eland 2210 020