ML023510360
| ML023510360 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 11/08/2002 |
| From: | Matthews J Morgan, Morgan, Lewis & Bockius, LLP |
| To: | Annette Vietti-Cook NRC/SECY |
| Byrdsong A T | |
| References | |
| +adjud/rulemjr200506, 50-528-OLA, ASLBP 03-904-01-OLA, RAS 5074 | |
| Download: ML023510360 (4) | |
Text
?- s 5o~h7 Morgan, Lewis &Bockius tip 1111 Pennsylvanla Avenue, NW Washington, DC 20004 Morgan Lewis COUNSELORS AT LAW Tel: 202.739.3000 Fax: 202.739.3001 www.morganlewls.com DOCKETED John E. Matthews USNRC 202-739-5524 jmatthews@morganlewis corn December 17, 2002 (8:14AM)
OFFICE OF SECRETARY RULEMAKINGS AND November 8, 2002 ADJUDICATIONS STAFF Annette L. Vietti-Cook Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Re: Arizona Public Service Company (PaloVerde Nuclear GeneratingStation, Unit 1),
Docket No. 50-528-OLA, ASLBP No. 03-904-01-OLA - Requests for Hearingand Petitionsto Intervene Filed by the NationalEnvironmentalProtectionCenterand Mr. Thomas Saporito
Dear Secretary Vietti-Cook:
Arizona Public Service Company (APS) respectfully requests that further service on APS in the above-captioned matter be made to APS's Director of Law Department, Janet Smith Mueller, Esq., in lieu of service to Nancy C. Loftin, Esq. Ms. Mueller's address is as follows:
Janet Smith Mueller, Esq.
Director of Law Department PO. Box 53999 Mail Station 9820 Phoenix, AZ 85072-3999 Federal Express:
400 North Fifth Street Two Arizona Center, Mail Station 9820 Phoenix, AZ 85004 Tel: 602-250-3723 Fax: 602-250-3393 email: janet.mueller@pinnaclewest.com Philadelphia Washington NewYork LosAngeles Miami Harrisburg Prttsburgh 1-WA/1892227.1 Princeton Northern Virginia London Brussels Frankfurt Tokyo
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4.r Annette L. Vietti-Cook Morgan, Lewis November 8, 2002 &Bocklus tu Page 2 Service on Ms. Mueller should be made in addition to service to APS's counsel in this matter: Morgan Lewis & Bockius, LLP ('Morgan Lewis"'). By copy of this letter to the service list, APS provides Notice of this request to the parties to the above-captioned proceeding.
This proceeding was initiated in response to a Request for Hearing and Petition for Leave to Intervene dated October 14, 2002 ("10/14 Petition") by the National Environmental Protection Center ('CNEPC"). APS first received a copy of the 10/14 Petition on November 4, 2002. The Petition indicates that on October 14, 2002, a copy of the Petition was served by U.S. Mail on APS's General Counsel, Nancy C. Loftin, Esq., and APS's Response was therefore due to be filed by October 29, 2002. However, Ms. Loftin has never received the copy of the Petition served on October 14, and APS has not been able to verify any receipt of this copy. The undersigned counsel obtained a copy of the Petition by facsimile from the NRC's Office of the General Counsel on November 4, 2002. In addition, NEPC forwarded a copy by email to Ms. Loftin and the undersigned counsel on November 7, 2002, in response to an inquiry regarding service of the 10/14 Petition.
The 10/14 Petition was docketed with the NRC on October 23, 2002, and the Secretary of the Commission referred the Petition to the Atomic Safety and Licensing Board ("ASLB") Panel by Memorandum dated October 31, 2002. On November 4, 2002, the NRC Staff submitted its Response to Request for Hearing and Petition for Leave to Intervene Filed By the National Environmental Protection Center, and an ASLB was established to preside over this proceeding on November 5, 2002. On November 6,2002, Morgan Lewis served its Notices of Appearance for John E. Matthews and Paul M. Bessette, appearing as counsel for APS.
On November 4, 2002, a second Request for Hearing and Petition for Leave to Intervene in this matter was submitted to the Commission by Mr. Thomas Saporito, Executive Director of NEPC (11/04 Petition). We understand from the NRC's Office of the Secretary that the 11/04 Petition has been forwardcd to the ASLB, and APS received an electronic copy of the Petition. This second Petition indicates that it was served on APS on November 4, 2002.
The 10/14 Petition and 11/04 Petition appear to raise similar, if not identical, issues with respect to the APS license amendment request submitted to the NRC on September 26, 2002.
Thus, APS had prepared a motion to seek leave to file a consolidated Response to both Petitions (late-filed with respect to the 10/14 Petition), and APS had intended to file this motion today. However, Mr. Saporito and NEPC have now filed a third petition dated November 7, 2002, "Petitioners' Joint Amended Request for Hearing and Petition for Leave to Intervene" ("Joint Petition"). The Certificate of Service indicates that this Joint Petition was served on November 8, 2002, and APS's Response to the Joint Petition is therefore due 1-WA/1892227.1
0.
Annette L. Vietti-Cook Morgan, Lewis November 8,2002 &Bockius Page 3 on November 25, 2002. Given that the Joint Petition amends and restates both the 10/14 Petition and the 11/04 Petition, APS believes that there is no longer any need to seek leave to respond to those earlier petitions. Instead, APS intends to file a Response to the Joint Petition within the time provided by the NRC's rules at 10 CFR 2.714(c).
Counsel for the Arizona Public Service Company c: Service List 1-WA/1892227 I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ASLBP No. 03-804-01-OLA In the Matter of )
)
ARIZONA PUBLIC SERVIC- COMPANY ) Docket No. 50-528-OLA
)
(Palo Verde Nuclear Generating Station. Unit 1) )
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter to the Secretary of the Commission were served upon the persons listed below by U.S. mail, first class, postage prepaid, with copies by electronic mail as indicated by an asterisk, this 8th day of November, 2002.
Office of the Secretary* ** Mr. Thomas Saporito*
ATTN: Rulemakings and Adjudications Staff Executive Director U.S. Nuclear Regulatory Commission National Environmental Protection Center Washington, DC 20555 P.O. Box 1021 (e-mail: secy@nrc.gov and hearingdocket@nrc.gov) Tonopah, AZ 85354 (e-mail: nepc@thepostmaster.net)
G. Paul Bollwerk mI, Esq.* Ann M. Young, Chair*
Chief Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555 (e-mail: amy@nrc.gov)
(e-mail: gpc@nrc.gov)
Janet Smith Mueller, Esq. Richard C. Cole*
Director of Law Department Atomic Safety and Licensing Board Panel Pinnacle West Capital Corporation U.S. Nuclear Regulatory Commission Post Office Box 53999 Washington, DC 20555-0001 Mail Station 9820 (e-mail: rfcl@nrc.gov)
Phoenix, AZ 85072-3999 (e-mail: janet.mueller@pinnaclewest.com)
Sherwin E. Turk, Esq.* Thomas D. Murphy*
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 "TV-*ton,DC 20555-0001 (e-mail: set@nrc.gov) (e-mniaV tdm@nrc.gov)
- Original and 2 copies Afobn E. Matthews Counsel for Arizona Public Service Company 1-WA/1892151.1