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/-'''UNITED STATES OF AMERICA

- 9''M ,NNUCLEAR REGULATORY COMMISSION /h. C ' 'Mf aQ

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BEFORE THE COMMISSIONq.s ... ,

',' k_ ''<%. /ND.M"-In the Matter of )

)PUBLIC SERVICE COMPANY OF OKLAHOMA ) Docket Nos. STN 50-556

et al. ) STN 50-557)

(Black Fox Station, Units 1 and 2) )

MOTION OF TEXAS UTILITIES GENERATING COMPANYFOR LEAVE TO FILE A BRIEF AMICUS CURIAE

Pursuant to 10 CFR 52.715 (d) , Texas Utilities Generating

Company ("TUGCO") hereby moves the Nuclear Regulatory Commis-

sion for leave to file a brief amicus curiae in the captioned

proceeding in the event the Commission accepts review of the

Appendix I issue which was certified to the Commission by

the Appeal Board in ALAB-573 dated December 7, 1979. The

Appeal Board's decision was docketed in the Office of the

Secretary on December 10, 1979. Specifically, the issue

certified to the Commission is'as follows:'Where routine radioactive emissions from a

nuclear power plant will be kept 'as low as is

reasonably achievable' in accordance with

Appendix I, is litigation of the health effects

of those emissions in an adjudicatory proceeding

involving initial licensing barred by 10 C.F.R.

52.758 as an impermissible attack on Commission

regulations?"

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'TUGCO has a significant interest in the outcome of

this certification action. TUGCO is the holder of construc-

tion permits for its Comanche Peak Steam Electric Station,

Units 1 and 2, and is an applicant for operating licenses

for those facilities. NRC Docket Nos. 50-445 and 50-446.

By Order dated June 27, 1979, the Licensing Board in

comanche Peak granted three petitions for leave to inter-

vene in that operating license proceeding, and found that

the three petitioners had raised a common contention

(relating to quality assurance) which was sufficient to

support intervention. The Licensing Board deferred ruling

on the admissibility of the remaining contentions pending

negotiations by the parties.

Two of the petitioners have raised contentions relating

to consideration by TUGCO and the NRC Staff of the health

effects of low-level radiation on the population surrounding

Comanche Peak. As noted, the Licensing Board has not as yet

ruled on the admissibility of these contentions. TUGCO

believes that these contentions constitute Empermissible

challenges to NRC regulations (10 CFR S2.758 (a)) . Accordingly,

TUGCO has an obvious interest in the outcome of the instant

certification to the Commission.TUGCO believes that this issue is a significant one

which will have far-reaching implications for it as well as

for the nuclear industry in general. If leave is granted,

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TUGCO will advocate that 10 CFR Part 50 Appendix I precludes

litigation of the health effects of radioactive emissions

from a nuclear plant whose liquid and gaseous effluents are

in compliance with Appendix I guidelines. Such a determina-

tion by the Commission would relieve TUGCO (and others) from

a substantial and unnecessary litigation burden. TUGC0 will

offer a viewpoint independent of that offered by the parties*/

in the Black Fox proceeding."

For the foregoing reasons, TUGCO respectfully requests

that it be permitted to file a brief amicus curiae in the

captioned proceeding if the Commission accepts review of

the certified question. If leave to do so is granted,

TUGCO of course would file its brief within the time limits

prescribed by the Commission. Also, in the event the

Commission accepts review but does not permit the parties in

Black Fox to file briefs (relying instead on the pleadings

filed below), TUGCO respectfully requests that it neverthe-

less be permitted to submit a brief amicus curiae.

Respect ul y su mitted,

WS. Reynolds

foy/) Texas UtilitiesNicholaCounse

Generati#g Company

January 4, 1980

*/ Black Fox is a construction permit proceeding and ComanchePeak is an operating license proceeding.

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UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSION

BEFORE THE COMMISSION

In the Matter of ))

PUBLIC SERVICE COMPANY OF OKLAHOMA ) Docket Nos. STN 50-556et al. ) STN 50-557

)(Black Fox Station, Units 1 and 2) )

CERTIFICATE OF SERVICE

I hereby certify that service of the " Motion of Texas UtilitiesGenerating Company For Leave To File A Brief Amicus Curiae" hasen this day been effected by personal delivery or first classmail on the following:

Sheldon J. Wolfe, Esq. L. Dow Davis, Esq.Atomic Safety and Licensing Counsel for NRC Staff

Board Panel U.S. Nuclear RegulatoryU.S. Nuclear Regulatory Commission

Commission Washington, D.C. 20555Washington, D.C. 20555

Joseph R. Farris, Esq.Mr. Frederick J. Shon, Member Feldman, Hall, Franden, ReedAtomic Safety and Licensing & Woodard

Board Panel 816 Enterprise BuildingU.S. Nuclear Regulatory Tulsa, Oklahoma 74103

CommissionWashington, D.C. 20555 Andrew T. Dalton, Esq.

1437 South Main StreetDr. Paul W. Purdom Suite 302Chairman, Department of Tulsa, Oklahoma 74119

Civil EngineeringDrexel University Mrs. Ilene H. Younghein32nd and Chestnut Streets 3800 Cashion PlacePhiladelphia, Pennsylvania 19104 Oklahoma City, Oklahoma 73112

Joseph Gallo, Esq. Atomic Safety and LicensingIsham, Lincoln & Beale Appeal Board Panel1050 - 17th Street, N.W. U.S. Nuclear RegulatoryWashington, D.C. 20036 Ccmmission

Washington, D.C. 20555

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Atomic Safety and Licensing Mr. Maynard HumanBoard Panel General Manager

U.S. Nuclear Regulatory Western Farmers ElectricCommission Cooperative

Washington, D.C. 20555 Post Office Box 429Andarko, Oklahoma 73005

Docketing and Service BranchOffica ;f the Secretary of Dr. M. J. Robinson

the Commission Black & VeatchU.S. Nuclear Regulatory Post Office Box 8405

Commission Kansas City, Missouri 64114Washington, D.C. 20555(20 copies) Paul M. Murphy, Esq.

Michael I. Miller, Esq.Mr. Lawrence Burrell Alan P. Bielawski, Esq.Route 1, Box 197 Isham, Lincoln & BealeFairview, Oklahoma 73737 One 1st' National Plaza

Suite 2400Mr. Gerald F. Diddle Chicago, Illinois 60606General ManagerAssociated Electric Lawrence J. Chandler, Esq.

Cooperative, Inc. Office of the ExecutivePost Office Box 754 Legal DirectorSpringfield, Missouri 65801 U.S. Nuclear Regulatory

CommissionJan Eric Cartwright, Esq. Washington, D.C. 20555Attorney General of OklahomaCharles S. Rogers, Esq. Mr. Homer C. SchmidtAssistant Attorney General Texas Utilities Services, Inc.State of Oklahoma 2001 Bryan Tower112 State Capitol Building Dallas, Texas 75201Oklahoma City, Oklahoma 73105

Mr. Vaughn L. ConradMr. T. N. EwingPublic Service Company of

OklahomaPost Office Box 201Tulsa, Oklahoma 74102

Mrs. Carrie DickersonCitizens Action for Safe

Energy, Inc.Post Office Box 924Claremore, Oklahoma 74107 . ,

'}9 Nicholas S. Reynolds; Counsel for Texas Utilities

Generating Company

Dated: January 4, 1980Jd

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