ML19029A386

Public Service Electric & Gas Co. - Licensee'S Answer to the Petitions for Leave to Intervene of Ruth Fisher and Betty Horner

ML19029A386
Person / Time
Site:	Salem
Issue date:	02/17/1978
From:	Wetterhahn M Conner, Moore & Corber, Public Service Electric & Gas Co
To:	Office of Nuclear Reactor Regulation
References
Download: ML19029A386 (5)

Text

r UNITED STATES OF AMERICA NUCLEAR REGULATORY_ 70MMISSION

_ z) 7/18 J

In the Matter of )

)

PUBLIC SERVICE ELECTRIC & ) Docket No. 50-272 GAS COMPANY, ET AL. )

)

(Salem Nuclear Generating )

Station, Unit No. 1) )

• --" LICENSEE'S ANSWER TO THE PETITIONS FOR LEAVE TO INTERVENE OF RUTH FISHER AND BETTY HORNER On February 8, 1978, the Nuclear Regulatory Commission

("NRC" or "Commission") published in the Federal Register "Notice of Proposed Issuance of Amendment to Facility Operat-ing Licensing" ("Notice") relating to revision of the Techni-cal Specifications for Salem Nuclear Generating Station, Unit No. 1, to permit increase in the fuel storage capacity in the spent fuel pool.

On February 10, 1978, counsel for the Licens~e, _Public Service Electric & Gas Company, et al., received from the NRC an undated letter on the stationery of "'The Sun People' -

Alternate Energy Advocates" signed by Ruth Fisher. Licensee had.previously received from the NRC a letter to the NRC from Betty Horner dated January 11, 1978, well before the publication of the Notice in the Federal Register. If meant

to be requests for a hearing in the form of petitions for leave to intervene, both letters totally fail to meet the requirements of the Commission's regulations and should be 1/

denied.-

The Fisher letter, while on the letterhead of "The Sun People," does not indicate that she was signing in a repre-sentative capacity. There is no description of the organi-zation, no identification of its membership, and no attempt to fulfill the requirement of 10 CFR §2.714 to demonstrate an interest af fect~d by the proceeding of the organization 2/

itself, its members, or of Ruth Fisher, individually.-

Similarly, Mrs. Horner fails to allege an interest affected within the scope of the Notice.

1/ In addition to failing to meet the substantive require-ments of the NRC's Rules of Practice, both. also totally fail to meet the procedural requirements. For example, neither is under oath or affirmation, or is accompanied by the required affidavit or proof of service. While Licensee believes that neither letter was ever intended as a petition for leave to intervene, to protect the record, i t is filing this answer.

2/ Edlow International Co. (Agent for the Government of India on Application to Export Special Nuclear Material) ,

• CLI-76-6, 3 NRC 563, 569-70 (1976); Allied-General Nuclear Services (Barnwell Fuel Receiving and Storage Station),

ALAB-328, 3 NRC 420, 421-3 (1976); Philadelphia Electric Company (Peach Bottom Atomic Power Station, Units 2 and 3), LBP-75-22, 1 NRC- 451 (1975).

Moreover, neither letter-petitioner makes any attempt whatsoever to state a contention and both are thus fatally 3/

defective.-

For the foregoing reasons, if the letters of Ruth Fisher and Betty Horner are submitted as peti tion_s for leave to intervene, they should be denied.

Respectfully submitted, CONNER, MOORE & CORBER MarkJ. Wetterhahn Counsel for Public Service Electric & Gas Company, et al.

February 17, 1978 3/ The Cincinnati Gas & Electric Company (Wm. H. Zimmer Nuclear Power Station), ALAB-305, 3 NRC 8, 11 (1975).

See also Peach Bottom, n. 2 supra.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PUBLIC SERVICE ELECTRIC &. ) Docket No. 50-272 GAS COMPANY, ET AL. )

)

(Salem Nuclear Generating )

Station, Unit No. 1) )

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Licensee in the captioned matter. In accordance with §2.713, 10 CFR Part 2, the following information is provided:

Name Mark J. Wetterhahn Address Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.

Suite 1050 Washington, D.C. 20006 Telephone No. Area Code 202/833-3500 Admission Supreme Court of the United States United States Court of Appeals, District of Columbia Circuit Name of Party* Public Service Electric &

Gas Company 80 Park Place Newark, New Jersey 07101 Notice is further given pursuant to §2.708, 10 CFR Part 2, that service upon the Licensee should be made upon the undersigned.

Dated at Washington, District of Columbia, this 17th day of February, 1978.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PUBLIC SERVICE ELECTRIC & ) Docket No. 50-272 GAS COMPANY, ET AL. )

)

(Salem Nuclear Generating )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "Licensee's Answer to the Petitions for Leave to Intervene of Ruth Fisher and Betty Horner" and "Notice of Appearance of Mark J. Wetter-hahn," dated February 17, 1978, in the captioned matter, have been served upon the following by deposit in the United States mail this 17th day of February, 1978:

Chairman, Atomic Safety and Mrs. Betty Horner Licensing Appeal Board Main Street U.S. Nuclear Regulatory Hancocks Bridge, New Jersey 08038 Conunission Washington, D.C. 20555 Mrs. Ruth Fisher "The Sun People" - Alternate Chairman, Atomic Safety and Energy Advocates Licensing Board South Dennis, New Jersey 08245 U.S. Nuclear Regulatory Conunission Off ice of the Secretary Washington, D.C. 20555 Docketing and Service Section U.S. Nuclear Regulatory Barry Smith, Esq. Conunission Office of the Executive Washington, D.C. 20555 Legal Director U.S. Nuclear Regulatory Conunission Washington, D.C. 20555 Richard Fryling, Jr., Esq.

Assistant General Solicitor Public Service Electric &

Gas Company 80 Park Place Newark, New Jersey 07101