ML20150E213

Citizens Audit Motion for Stay & Motion for Sua Sponte Relief.* Requests Time to Review Concerns of J Doe & for Relief for Listed Items in Order to Act as Intervenor in Proceeding.W/Certificate of Svc

ML20150E213
Person / Time
Site:	Comanche Peak
Issue date:	07/13/1988
From:	Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#388-6706 CPA, OL, NUDOCS 8807150034
Download: ML20150E213 (6)

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'E3 J'1 13 ? f 'd UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ,

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of, )

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TEXAS UTILITIES ELECTRIC ) ' Docket Nos. 50-445-OL COMPANY, et al., ) 50-446-OL ~. -

) (Application for an

) Operating License)

(Comanche Peak Steam Electric )

Station, Units 1 and 2) ) Docket No. 50-445-CPA l

) (Construction Permit

) Amendment)

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COMANCHE PEAK CITIZENS AUDIT'S MOTION FOR STAY AND MOTION FOR SUA SPONTE RELIEF Comes now Petitioner Comanche Peak Citizens Audit (CPCA),

througn counsel, to hereby move this Atomic Safety and Licensing Board (hereinafter, "ASLB" or "Board") for leave to intervene in the above-captioned proceeding for the limited purposes stated herein.

Petitioner Comanche Peak Citizens Audit's current address is P.O. Box 1894, Fort Worth, Texas 76101 and is located within a fifty mile radius of the Coinanche Peak Steam Electric Station (CPSES). The Greater Forth Worth Sierra Club represents 1250 members who reside in the area near CPSES.

Petitioner did not know that settlement negotiations were being conducted between CASE and the utility; petitioner was eeO719$gj{ $ 0 gS PDR G

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l L . V never consulted directly or indirectly to any of the terms contained in the "Joint Stipt11ation", dated July 1, 1988; petitioner first learned of the proposed settlement on or about July 5, 1988 through the' news media; and petitioner has not seen a copy of any settlement agreement, secret or otherwise, including the Joint Stipulation. Upon information and belief,

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petitioner understands that numerous confidential settlements exist relating to the dissolution of these ASLB proceedings.

Petitioner needs time to review the concerns of John Doe, a comanene Peak whistleblower who has requested anonymity during this proceeding and desires to testify at ASLB hearings in the above , captioned matter.

Due to the public rights implicated and affected by the proposed settlement and dissolution of these proceedings, and the impact of the settlement on our lives, property, health and well-being, petitioner hereby prays for the following relief:

(1) That all settlement agreements which in any way relate

! to the Joint Stipulation be ordered publicly released; (2) That the hearing scheduled for Wednesday, July 13, 1988 be continued for a period of 60 days from release of all settlement agreemenas;

(3) That petitioner shall be allowed to review all settlement agreements and the public record filed in this case, and shall file within the 60 day period

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...Q (a) any objections to the proposed settlement; (b). a formal motion for late intervention in these proceedings as provided for by 10 C.F.R. s. 2.714; (c) a motion for substitutiors of.the parties; and (d) any other motions, objections or comment which may be required.

Gjv3n the reasonable nature of this request and the _ _ .

impossioility for petitioner to adequately address the complex public policy issues involved, the substantive safety-related technical concerns about CPSES, and pose objections to the proposed settlement by the date of hearing in this matter, Wednesday, July 13, 1988, petiticner requests that this relief be granteB sua~sponte..

Petitioner.is pleased to inform the Board that petitioners CFUR, the Greater Fort Worth Sierra' Club, the "Individual Residents," and the "Second Group of Individual Residents" consent to this request.

Respectfully submitted, MICHAEL D. KOHN, ESQ.

STEPHEN M. KCHN, ESQ.

DAVID K. COLAPINTO, ESQ.

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Kohn an Associates 526 U Jtreet, .I.W.

Washington, D.C. 20001 (202) 234-4663 Attorneys for Petitioner July 11, 1988

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies of the foreraing document was-hand-delivered to Administrative Law Judge Peter B. Bloch, 4350 Eastwest Highway, 4th Floor, Bethesda, MD, on the //44 day of July, 1988; and.by first-class mail, postage prepaid, except where

• denotes that service was accomplished by hand, on the //tk day of July, 1988 to the following parties:

Office of_the Secretary Attention: Docketing & Service Branch -

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U.S. Nuclear Regulatory Commission 2,._ s CO Washington, D.C. 20555 ~

(3 copies) e Chairman ASLB Panel '"

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 -3 (4 copies) 3

'd Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, TN 37830 Dr. Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74075 ALJ Elizabeth B. Johnson Oak Ridq-e National Labratory P.O. Box X, Building 3500 Oak Ridge, TN 37830 Janice. Moore, Esq.

I Office of General Counsel U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C. 20555 Mr. Victor Stello U.S. Nuclear Regulatory Commission Mail Stop 15B18 Washington, D.C. 20555 Jack R. Newman, Esq.

i George Edgar, Esq.

l Newman & Holtzinger i

1615 L Street, N.W., Suite 1000 Washington, D.C. 20036 I

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Robert A. Woolridge, Esq.

Worsham, Forsythe, Samples & Woolridge 2001 Bryan Tower, Suite-3200 Dallas, TX 75201 Mr. William G. Counsil Texas Utilities Electric Co.,

Skyway Tower-400 North Olive Street, L.B. 81 Dallas, TX 75201 Ms. Billie Pirner Garde GAP-Midwest Office -

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104 E. Wisconsin - B Appleton, WI 54911 Anthony Roisman, Esq.

1401 New York Ave, N.W., Suite 600 Washington, D.C. 20005 Mrs. Juanita Ellis 1426 S. Polk Dallas, TX 75224 By: fu . TM David K.IC61apint p

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