ML20086Q312

Case Motion for Leave to File Response to Portions of Motion of R Micky & Dow to Reopen Record.* Requests That NRC Recognize J Ellis as Case Representative for Filing & Pleading Purposes.W/Limited Notice of Appearance

ML20086Q312
Person / Time
Site:	Comanche Peak
Issue date:	12/26/1991
From:	Ellis J Citizens Association for Sound Energy
To:	NRC COMMISSION (OCM)
Shared Package
ML20086Q316	List: ML20086Q312 ML20086Q381 ML20086Q393
References
CON-#491-12459 CPA, OL, NUDOCS 9112300118
Download: ML20086Q312 (6)

Text

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E DEC 27 A11:29 UNITED STATES OF AMERICA l I .' 'Y NUCLEAR REGULATORY COMMISSION BEFORE TH LCOMMISSlpli In the Matter of }{ Oocket Nos. 50-445-OL

}{ 50-446-OL TEXAS UTILITIES ELECTRIC }{

COMPANY, ET AL. }{

}{ Docket No. 50-445-CPA (Comanche Peak Steam Electric }{

Station, Units 1 and 2) }{

CASE'S HOTION FOR LEAVE TO FILE RESPONSE AND CASE'S RESPONSE TO PORTIONS OF HOTION OF R. MICKY AND SANDRA DOW TO REOPEN THE RECORD (Hrs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 December 26, 1991 9112300118 911226 PDR ADOCK 05000445 Chg O PDR )

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' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS10i; HEFORE TliE COMMISSION

}{ Docket Nos. 50-445-OL

~

In the Matter of

}{ 50-446-OL TEXAS UTILITIES ELECTRIC }{

COMPANY, ET AL. }{

}{ Docket No. 50-445-CPA (Comanche Peak Steam Electric ){

Station, Units 1 and 2) }{ ,

INDEX TO CASE'S MOTION FOR LEAVE TO FILE RESPONSE AND CASE'S RESPONSE TO PORTIONS OF MOTION OF-R. MICKY__ AND SANDRA DOW T0_REplfN Tl1KEE@Rll)

P_a.gg CASE'S HL i10N FOR LEAVE TO FILE RESPO'4SE TO PORTIONS OF R.

MICKY AND SANDRA DOW TO REOPEN THE R2 CORD LIMITED NOTICE OF APPEARANCE OF CASE PRESIDENT JUANITA ELLIS CASE'S RESPONSE TO PORTIONS OF MOTION OF R. MICKY AND SANDRA DOW TO REOPEN THE RECORD BACKGROUND 1 CASE'S PARTIAL RESPONSE TO PETITIONERS' HOTION 3 CASE NEVER RECEIVED OR HAD CONTROL OF $10 MILLION (OR $9 MILLION PLUS) 4 .

THE COMMISSION CANNOT' RELY UPON STATEMENTS MADE 4 IN-THE BOLTZ AFFIDAVIT (combined erroneously with the CAGE /TU Electric Settlement Agreement, as part of Exhibit J to Petitioners' Motion) 14 The Boltzes did not oppose the CASE /TU Electric Settlement and in fact voted in favor of it 15 The Boltzes are not opposed to receiving n>ney from the CASE /TU Electric Settlement 20 The Boltz Affidavit is skewed in an attempt to support an unsupportable scenario 25 1

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' CASE has already provided the Boltzes and their attorney with~ inspection of.all documents to which they are entitled. 26 CASE has' valid and compelling reasons for refusing .

to accept the Boltzes as members of CASE and for not

-wanting to provide them with additional copies 27 In conclusion. 28 List of Attachments 29 AFFIDAVIT OF CASE PRESIDENT JUANITA ELLIS .30 CERTIFICATE OF SERVICE 31 ATTACHMENTS A THROUGH G h

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, t-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COHHISSION In the Matter of }{ Docket Nos. 50-445-OL

}{ 50-446-OL TEXAS UTILITIES ELECTRIC }{

COHPANY, ET AL. }{

}{ Docket No. 50-d45-CPA (Comanche Peak Steam Electric }{

Station, Units 1 and ?) }{

CASE'S k7 TION FOR LEAVE TO FILE RESPONSE TO PORTIONS UF HOTION OF R. MICKY AND SANDRA DOW TO REOPEN THE RECORD On November 20, 1991, Petitioners Sandra Long Dow, dba Disposable Workers of Comanche Peak Steam Electric Station, and R. Micky Dow (Petitioners) filed a "Hotion to Reopen the Record" (Motion) of the Operating License proceedings and the Construction Permit Amendment proceedings for the Comanche Peak Steam Electric Station (CPSES), Units 1 and 2, Docket Nos. 50-445-OL, 50-446-OL, and 50-445-CPA. CASE has received a copy of Petitioners' Motion and of the NRC Staff's December 9,1991, Reply to that Mot ion.

CASE (Citizens Association for Sound Energy) was an Intervenor in all of these three dockets; from 1982 until July 13, 1988, CASE was the only Intervenor. Portions of Petitioners' Hotion make untrue and slanderous statements regardinf CASE. Although the NRC Staff's Reply responds to many aspects of the all4gations leveled against all parties in the OL and CPA 1

, i i

proceedings, there are some additional points and issues which CASE believes must be addressed in order to assure that the record accurately reflects the facts.

Since the NRC Staff has not been privy to all of the facts regarding some of these points and issues, CAAS.Lmmes S that the Comnission grant CASE leave to file the attached Response to Portisns of Motion of R. Micky and Sandra Dow to Reopen the Record.

Mrs. Juanita Ellis, as CASE President, is authorized by the CASE By-Laws to be CASE's primary spckesperson; in addition, as discussed in the attached CASE Response, Mrs. Ellis has been specifically authorized by CASE Board Resolution to act on behalf of CASE regarding the CASE /TV Electric Settlement Agreement and the CASE /TU Electric /NRC Staff Joint Stipulation.

Further, Mrs. Ellis was accepted as a representative of CASE in NRC Docket Nos. 50-445-OL, 50-446-OL, and 50-445-CPA. CASE therefore further requesti that the Commission recognize CASE President Juanita Ellis as CASE's representative for the limited purposes of filing this pleading and the attached CASE Response.

Respectfully submitted,

. __hl '. ,

rs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 Dated at Dallas, Texas this 26th day of December, 1991 2

i i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of }{ Docket Nos. 50-445-OL

?{ 50-446-OL TEXAS UTILITIES ELECTRIC }{

CCHPANY, ET AL, }(

}{ Oocket No. 50-445-CPA (Comanche Peak Steam Electric }{

Station, Units 1 and 2) }{

LUi1TED NOILCLOF APPJARANCE Notice is hereby given that the undersigned representative enters an appearance in the above-captioned matter for the lin.ited purpose of filing the attached CASE's Motion for Leave to File Response and CASE's Response to Portions of Motion of R. Micky and Sandra Dow to Reopen the Record. In accordance with paragraph 2.713(b), 10 CFR, Part 2, the following information is provided:

Name: (Hrs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy)

Address: 1426 S. Polk Dallas, Texas 75224 Telephone Number: 214/946-9446 Admissions: Representative of CASE before Atomic Safety and Licensing Board, U. S. Nuclear Regulatory Commission, Docket Nos. 50-445-OL, 50-446-OL, and 50-445-CPA Name of Party: CASE (Citizens Association for Sound Energy)

Respectfully submitted, r

f/A * ,

~

rs.) Juanita llis, President CASE (Citizens Association for Sound Energy)

Dated at Dallas, Texas this 26th day of December, 1991 l