ML20150E207

Second Group of Individual Residents Motion for Leave to Intervene & Motion for Sua Sponte Relief.* Requests That All Settlement Agreements Re Joint Stipulation Be Ordered Publicly Released.W/Certificate of Svc

ML20150E207
Person / Time
Site:	Comanche Peak
Issue date:	07/11/1988
From:	Kohn M KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#388-6708 CPA, OL, NUDOCS 8807150032
Download: ML20150E207 (7)

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'ES f'r ]'? n e, t c UNITFD 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

) (Construction Permit

) Amendment)

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"SECOND GROUP OF INDIVIDUAL RESIDENTS'" MOTION FOR LEAVE TO INTERVENE AND MOTION FOR SUA SPONTE RELIEF Comes now Petitioners James N. Mathis, Linda Crear, Mary Ann Gray, Jeff Gray, Terry Horton, Anna Johnson, Shirley Johnson, Colleen Butterfield, Louis Storace, Lon Burnam, Mavis Belisle, Tommy Yarbough, Rebecca Yarbough, Francine Pratt and Charles A.

Siller (hereinafter, "Second Group of Individual Residents"),

through 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.

Petitioners are all residents of die state of Texas and reside in close proximity to the Comanche Peak Steam Electric Station (CPSES). Petitioners are identified as follows:

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1. - James N. Mathis of 6139 Guilford, Fort Worth, Texas 76119. Mr. Mathis has personal knowledge that he lives within a fifty m' radius of the CPSES construction site.

2. Linda Crear of 3516 Cutter, Fort Worth, Texas 76119. Ms. Crear has personal knowledge that she lives within a fifty mile radius of the CPSES construction site.

3. Mary Ann Gray of 4749 China Rose, Fort Worth, Texas 76137. Ms. Gray has personal knowledge that she lives within a fifty mile radius of the CPSES construction site.

4. Jeff Gray of 4749 China Rose, Fort Worth, Texas 76137. Mr. Gray has persona) knowledge that he lives within a fifty mile radius of the CPSES construction site.

5. Terry Horton of 2220 Hudson, Fort Worth, Texas 76103. Mr. Hudson has personal knowledge that he lives within a fifty mile radius of the CPSES construction site.

6. Anna Johnson of 451 Cooks Lane, Fort Worth, Texas 76112. Ms. Johnson has personal knowledge that she lives within a fifty mile radius of the CPSES construction site.

7. Shirley Johnson of 2340 Mistletoe Avenue, Fort Worth, Texas 76110. Ms. Johnson has personal knowledge that she

! lives within a fifty mile radius of the CPSES construction site.

8. Colleen Butterfield of 1538 Counts Forrest Ct.,

Grapevine, Texas 76051. Ms. Butterfield has personal knowledge that she lives within a fifty mile radius of the CPSES 1

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t construction site.

9. Louis Storace of 2103 Stone Moss Lane, Grapevine,

' Texas 76051. Mr. Storace has personal knowledge tnat he lives within a fifty mile radius of the CPSES construction site.

10. Lon Burnam of 2103 6th Ave., Fort Worth, Texas 76101. Mr. Burnam has petsonal knowledge that he lives within a fifty mile radius of the CPSES construction site. _

11. Mavis belisle of 2710 Woodmere, Dallas, Texas 75233. Ms. Belisle has personal knowledge that she lives within an area that could be adversely affected if CPSES were granted an operating license.

12. Tommy Yarbough of 3004 Purington, Fort Worth, Texas 761037 Mr. Yarbough has personal knowledge that he lives within a fifty mile radius of the CPSES construction site.

13. Rebbecca Yarbough of 3004 Purington, Fort Worth, Texas 76103. Ms. Yarbough has personal knowledge that she lives within a fifty mile radius of the CPSES construction site.

14. Francine Pratt of 10612 Tall Oak Drive, Fort Worth, Texas 76108. Ms. Pratt has personal knowledge that she lives within a fifty mile radius of the CPSES construction site. -

14. Charles A. Siller of 1700 Homdale # 1507, Fort Worth, Texas 76112. Mr. Siller has personal knowledge that he lives within a fifty mile radius of the CPSES construction site.

Petitioners did not know that settlement negotiations were being conducted between CASE and the utility; petitioners were

never-consulted directly or~ indirectly to any of the terms contained in the "Joint Stipulation", dated July 1, 1988; petitioners first learned of the proposed settlement on or about July 5, 1988 through the news media; and petitioners have not seen a copy of any settlement agreement, secret or otherwise, I including the Joint Etipulation. Upon information and belief, petitioners understand that numerous confidential settlements exist relating to the dissolution of these ASLB proceedings.

Petitioners need time to review the concerns of John Doe, a Comanche 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 4.ssolution of these proceedings, and the impact of the sectlement on our lives, property, heal'.h and well-l being, petitioners hereby pray 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 -lease of all settlement agreements; (3) That petitioner shall be allowed te review all re 'f : ': agre.3ments and tne public record filed in this case, and 11 filu - . '. '.n the 60 day period:

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

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

impossibility for petitioners 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, petitioners request that this relief be grante~d sua~sponte.

Petitioners are pleased to inform the Beard that petitioners CFUR, the Greater Fort Worth Sierro Club, the Comanche Peak Citizens Audit, and the "Individual Residents," consent to this request.

Respectfully submit ed, MICHAEL D. KOHN, ESQ.

STEPHEN M. KOHN, ESQ.

DAVID K. COLAPINTO, ESQ.

Kohn and Associates 526 U Street, N.W.

[ Washington, D.C. 20001' (202) 234-4663 July 11, 1988 At orneys for Petitioner

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

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

Office of the Secretary i"~ Ej Attention: Docketing & Service Branch --

U.S. Nuclear Regulatory Commission g';

Washington, D.C. 20555 .

(3 copies) [3 Chairman ASLB Panel 5(

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

Dr. Walter.H. Jordan 881 W.,Outo; Drive Oak Ridge, TN 37830 Dr. Kenneth A. McCollom 1107 West Knapp Street Stillwater, OK 74075 ALJ Elizabeth B. Johnson Oak Ridge National Labratory P.O. Eox X, Building 3500 Oak Ridge, TN 37830 Janice Moore, Esq.

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

Gectge Edgar, Esq.

Nevtan & Holtzinger 1615 L Street, N.W., Suite 1000 Washington, D.C. 20036 C

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-Robert A. Woolridge, Esq.

Worsham, Forsythe, Samples & Woolridge 2001 Bryan Tcwer, Suite 3200 i Dallas, TX 75201 t,

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 ._

104 E. Wisconsin - B Appleton, WI 54911

= Anthony Roisman,fEsq.

1401 New York Ave, N.W., Cuite 600 Washington, D.C. 20005 Mrs. Juanita Ellis 1426 S. Polk Dallas, TX 75224' By :

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David K.[Colapinto V l

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