ML20042C618

Response Opposing J Doherty 820315 Motion for ASLB to Subpoena Quadrex Corp Employee Witnesses as ASLB Witnesses. Request Is Based on Misperception of Scope of Reopened Hearings.Certificate of Svc Encl

ML20042C618
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	03/29/1982
From:	Raskin D HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8203310577
Download: ML20042C618 (6)

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NCMErrn March 29, 1982'

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'V UNITED STATES OF AMERICA 'H U I NUCLEAR REGULATORY COMMISSION i

oEFORE THE ATOMIC SAFETY & LICENSING BOARD In the Matter of

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HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 (Allens Creek Nuclear Generating )

) 95 q, Station, Unit 1) '

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APPLICANT'S RESPONSE TO INTERVENOR $ = MA E 8 AL DOHERTY'S MOTION TO SUBPOENA 0 19~

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f QUADREX CORPORATION EMPLOYEE WITNESSES 6- S

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On March 15, 1982 intervenor Doherty filed a motion re ^

questing the Board to subpoena its own witnesses in this pro-ceeding in order to address in detail various unspecified aspects of the STP and Allens Creek Quadrex Reports. Mr. Doherty has ,

i failed to provide adequate grounds to support his request, and in fact, that request is based upon a misperception of the scope of the reopened hearings in this proceeding. The motion should be denied. .

Mr. Doherty cites Consumers Power Company (Midland Plant, Units 1 and 2), ALAB-382, 5 NRC 603, 607-08 (1977) as authority for the Board to grant his request. Therein, the Appeal Board denied an intervenor's request for financial assistance, but in so doing noted that a licensing board has authority to call, at Commission expense, witnesses of its own "where it' finds a genuine 1D'{)C[5 8203310577 820329 PDR ADOCK 05000466 / /

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need for their testimony. . . . It added that the Board's authority should be " exercised with circumspection where the witness it desires to hear would have been sponsored by one of the parties but for financial considerations." (Id.). More recently, the Appeal Board explained that the calling of expert witnesses by the Board "should be reserved for that most extraordinary situation in which it is demonstrated beyond question that a Board simply cannot otherwise reach an informed decision on the issue involved." South Carolina Electric & Gas Co. (Virgil C. Summer Nuclear Station, Unit 1), Unpublished Memorandum dated August 27, 1981, at 6, affirmed, ALAB-663 (December 14, 1981). Mr. Doherty has not shown either that this is an " extraordinary situation" justifying the calling of Board witnesses or even that there is a " genuine need" for this testimony.

i Mr. Doherty argues that the appearance of the authors of the Quadrex Report is necessary for a " full airing" of the technical deficiencies at STP as alleged in the Report.

However, Mr. Doherty obviously reads the Board's January 28, 1982, order as inviting a detailed review of the STP design, and specifically of all the particular Quadrex fin'ings as to various STP design deficiencies. In its Response to Doherty's

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request for a postponement of the upcoming hearings,- the Applicant explained why it believes that analyses of all the

-*/ Applicant's Response To Intervenor Doherty's Motion For Postponement Of The April 12, 1982 Hearings (March 17, 1982).

l particular design deficiencies allegedly encountered at STP by the Quadrex reviewers are not relevant to che Board's inquiry in this proceeding. We therein stated that, for purposes of this hearing,. Applicant will assume that Mr.

Doherty's issues (A) through (O) -- the only Quadrex issues i

admitted for consideration by the Board -- have indeed occurred at STP and will show how their recurrence at Allens Creek will be prevented. This testimony will be presented by a witness from EBASCO who will specifically address each of the issues labeled (A) through (o) by Mr. Doherty and by a responsible HL&P official who will testify as to the Applicant's present organization to review the ACNGS design.

Such evidence will fully address the concerns expressed by the Board in its Order setting these additional hearings.

Applicant further believes that it would be wholly inappro-priate, and inconsistent with the standards established by the Appeal Board, to pre-judge the need for the Board to call its own witnesses (or even to request supplemental testimony) absent a clear indication that the testimony to be offered by the Staff and Applicant will be inadequate to respond to TexPirg's contention. Applicant believes that the testimony

, tobepresentedbyHL&PandStaff,inconjunctiobwithearlier testimony on this issue, will establish that it is technically qualified to construct the ACNGS within the meaning of the Atomic Energy Act and the Commission's regulations, and that

r this testimony will resolve the concerns expressed by the Board in its January 28, 1982, Order. After reviewing this additional testimony, and conducting cross-examination, the Board can then determine whether it is faced with an extraordinary situation in which it is unable to reach an informed decision on the basis of the evidence presented to it, and must request further testimony. See, South Carolina Electric & Gas Co. (Virgil Summer Nuclear Station, Units 1 & 2), ALAB-663, Slip op. at 31-32 ' December 14, 1981). We are confident that this will not occur; and certainly the Board cannot so conclude in advance of hearing the testimony proffered by the parties.

For all of the foregoing reasons, Mr. Doherty's motion should be denied.

Respectfully submitted, OF COUNSEL: </

• h/ftp3 Jack R. Newman LOWENSTEIN, NEWMAN, REIS & David B. Raskin AXELRAD 1025 Connecticut Avenue, N.W.

1025 Connecticut Ave., N.W. Washington, D.C. 20036 Washington, D.C. 20036 J. Gregory Copeland BAKER & BOTTS Scott Rozzell 3000 One Shell Plaza 3000 One Shell Plaza Houston, Texas 77002 Houston, Texas 77002 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING & POWER COMPANY

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

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

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(Allens Creek Nuclear Generating )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Response to Intervenor Doherty's Motion to Subpoena Quadrex Corporation Employee Witnesses have been served on the following individuals and entities by deposit in the United States mail, first class, postage prepaid or by hand de,very */ this 29th day of March, 1982.

• Sheldon J. Wolfe, Esq., Chairman Susan Plettman, Esq.

Atomic Safety and Licensing David Preister, Esq.

Board Panel Texas Attorney General's U.S. Nuclear Regulatory Commission Office Washington, D.C. 20555 P. O. Box 12548 Capitol Station Dr. E. Leonard Cheatum Austin, Texas 78711 Route 3, Box 350A Watkinsville, Georgia 30677 Honorable Frank Petter Mayor, City of Wallis

• Mr. Gustave A. Linanberger P. O. Box 312 Atomic Safety and Licensing Wallis, Texas 77485 Board Panel U.S. Nuclear Regulatory Commission Hon. Leroy H. Grebe Washington, D.C. 20555 County Judge, Austin County P. O. Box 99

, Bellville, Texas 77418 Docketing and Service Section Office of the Secretary of Atomic Safety and Licensing the Commission Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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• Richard Black, Esq. James M. Scott, Jr.

U.S. Nuclear Regulatory 13935 Ivy Mount Commission. Sugar Land, Texas 77478 Washington, D.C. 20555  !

William Schuessler '

John F. Doherty 5810 Darnell 4327 Alconbury Street Houston, Texas 77074 l

Houstors, Texas 77021 Stephen A. Doggett, Esq.

TexPirg P. O. Box 592 Att: Clarence Johnson Rosenberg, Texas 77471 Executive Director Box 237 U.S. Bryan L. Baker University of Houston 1923 Hawthorne Houston, Texas 77004 Houston, Texas 77098 Carro Hinderstein J. Morgan Bishop 609 Fannin Street Margaret Bishop Suite 521 11418 Oak Spring Houston, Texas 77002 Houston, Texas 77043 D. Marrack W. Matthew Perrenod 420 Mulberry Lane 4070 Merrick Bellaire, Texas 77401 Houston, Texas 77024 Brenda McCorkle Wayne Rentfro  ;

6140 Darnell P. O. Box 1335

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Houston, Texas 77074 Rosenberg, Texas 77471 V. O. " Butch" Carden, Jr.

City Attorney City of Wallis P. O. Box A East Bernard, Texas 77435 t Abr b~

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