ML20150D514

Citizens for Fair Util Regulation Motion to Intervene & for Sua Sponte Relief.* Petitioner Requests That All Settlement Agreements Re Joint Stipulation Be Ordered Publicly Released & That 880713 Hearing Be Continued for 60 Days

ML20150D514
Person / Time
Site:	Comanche Peak
Issue date:	07/08/1988
From:	Colapinto D, Kohn M CITIZENS FOR FAIR UTILITY REGULATION, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20150D506	List: ML20150D503 ML20150D514 ML20150D537
References
CPA, OL, NUDOCS 8807140033
Download: ML20150D514 (3)

Text

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'4; UNITED STATES OF AMERICA a NUCLEAR' REGULATORY COMMISSION

,. BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of, )

)

TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445-OL COMPANY, it L_u, l ) 50-446-OL

) (Appliction for an

) Operating License)

(Comanche Peak Steam Electric )

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

. ) (Construction Permit

) Amendment)

________.............__.........__......)

CITIZENS FOR FAIR UTILITY REBULATION'S MOTION TO INTERVENE AND FOR SUA SPONTE RELEIEF Petitioner Citizens for Fair Utility Regulation (CFUR) hereby moves

-this Court for leave to intervene in the above-captioned proceeding for the limited purposes stated herein.

Petitioner was a former legal intervenor in the above-captioned proceeding. At the time petitioner withdrew as intervenor it was informed by Citizens Association for Sound Energy (CASE) that it's contentions, specifically Contention No. 5, would be sully addressed and litigated by CASE.

Petitioner did not know that settlement negotiations were being conducted ,

between CASE and the utility; petitioner was never consulted directly or indirectly to any of the teres contained in the Joint Stipulation dated July 1, 1988l petitioner first learned of the proposed settlement en or about July 5, 1988 through the news media; and petitioner has never seen a copy of any ,

j settlement agreement, secret or otherwise, including the Joint Stipulation.

l l Upon information and belief, petitioner understands that nuserous confidential l

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8807140033 880708 "

i PDR ADOCK 05000445 G PDR

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if settlements exist relating to the dissolution of these proceedings.

Petitioner also needs time to review the concerns of John Doe, a Comanche Peak whistleblower who has requested anonymity during this proceeding.

Petitioner has been informed that John Doe has specific information relating to Contention No. 5.

For reasons stated, in part i in petitioner's prior action to intervene which were formally granted by this Court at an earlier stage of these proceedings, and due to the public rights implicated and affected by the proposed settlesent and dissolution of these proceedings, petitioner hereby prays f or the f ollowing relief s (i) that all settlement agreements which in any way relate to the Joint Stipulation, including all such settlements referenced in the pleadings filed by petitioner John Doe, be. ordered publicly released.

(2) that the hearing scheduled for Wednesday July 13, 1988 be continued f or a period of 60 days f rom release of all settlement agreements.

(3) that petitioner shall be allowed to review the above-referenced settlements and the public record in this case, and shall file within the 60 day periodi (a) any objections to the proposed settlement; (b) a f ormal motion f or late intervention in these proceedings as provided by 10 C.F D. 2.714; (c) a notion for substitution of the parties l and (d) any other actions, objections or comment which may be required.

Given the resonable nature of this request and the impossibility f or petitioner to adequately pose objections to the settlement by next Wednesday, i we request that this relief be granted sua sponte.

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Petitioner is pleased to inform the Court that John Poe and the <

' Individual Residents" consent to this request. J Respectf ully nemitted, 1

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STEPHEN M. KOHN, ESO.

DAVID K. COLAPINTO, ESQ.

Kohn and Associates 526 U Street, N.W. "

Washington, D.C. 20001 .

(202) 234-4663 Attorneys for Petitioner July 8, 1988 (I

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