ML17296A934

Forwards Regulations & Instructions in Response to 800620 Request for Info on Intervention in Proceeding.W/O Encl

ML17296A934
Person / Time
Site:	Palo Verde
Issue date:	08/25/1980
From:	Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Stigner J PALO VERDE TRUTH FORCE
References
NUDOCS 8008280184
Download: ML17296A934 (4)

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Mr. John T. Stigner Palo Verde Truth Force 1322 W. Roosevelt, No. 6 Phoenix, Arizona 85007 (ip DISTRI BUT ION August 25, 1980 McGurren A.Schwencer J.Kerrigan Reis Shapar/Engelhardt Christenbury/Scinto FF (2)

NRC Central; LPDR/PDR/TERA(2)

In the Matter of Arizona Public Service Company, et al.

(Palo Verde Nuclear Generating Station. Units l, 2 and 3)

Docket Nos.

STN 50-528.

STN 50-529, and STN 50-530

Dear Mre Stigner:

I have just been assigned as the NRC Staff attorney to the above proceeding.

In my preliminary discussions with the NRC Staff I have learned that by letter of June 20, 1980 you requested information concerning participation in the above proceeding.c, The Notice of Opportunity for Hearing published in the Federal

~Re later (45 Fed.

Reg.

46941, attached) sets forth the requirements necessary for intervention in the above proceeding including the requirement that petitions for intervention be filed by August 11, 1980.

The notice also sets forth ',th'e Commission's requirements for intervention petitions that have not been timely filed.

These requirements are set forth in 10 C.F.R. 052.714(a)(t)(i)-(v) and 2.714(d) of the Commission's "Rules of Practice"

((a'ttached).

If you are still interested in intervening in the above pro-

ceeding, you should explain in your petition for leave to intervene the fact that you sought from the Commission by your letter of June 20, 1980 information concerning intervention, even before publication in the Federal

~Re ister of the notice of opportunity for hearing, and you did not rance ve a response from the Commission until after expiration of the intervention period.

This fact is relevant to the first.of five factors set -forth.in section 2.714(a)(1),

good

'use for, failure to file on time.'ince the Board's determination on whethe to entertain a late filed petit)on is based upon a balancing of all of thej~factors, including those of section 2.714(d), you should address each

- factor.

anally you should file your pleading as expeditiously--as -possible.

This will'further:your'showing of good cause;.and.help avoid arguments that your petition will cause delay or prejudice.

t Ifyou have any questions please do not hesitate to contact me.

I can be reached at 301-492-7836.

Sincerely, Henry J.

McGurren Counsel for NRC Staff Attachment!

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