ML19206A773
| ML19206A773 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/09/1976 |
| From: | Trowbridge C SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| References | |
| NUDOCS 7904210195 | |
| Download: ML19206A773 (5) | |
Text
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UNITED STATES OF AMERICA i
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NUCLEAR REGULATORY CO:01ISSION Before the Atomic Safety and Licensing Board In the Matter of
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METROPOLITAN EDISON CCHPANY,
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JERSEY CENTP3.L POWER & LIGHT COMPANY, )
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and
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Docket No. 50-320 PENNSYLVANIA ELECTRIC COMPANY
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(Three Mile Island Nuclear Station,
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Unit 2)
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AP PLICA'IT 3 ' RESPONSE TO PETITION FOR INTERVENTION Applicants' counsel has received from the Office of the Secretary, Docketing & Service Section, an unsigned and undated copy of " Petition for Intervention" (" Petition")
on behalf of the Environmental Coalition on Nuclear Power
(" Coalition") requesting leave to intervene "in this proceed-ing," together with a cover letter dated August 23, 1376, signed by Judith H. Johnsrud as Co-Executive Director cf the Coalition.
The Petition contains a number of contentions relating to the adequacy of the cost-benefit analysis justify-ing construction and operation of Three Mile Island Nucl2ar Station, Unit No. 2 ("TMI No. 2") and concludes that the construction permit for TMI No. 2 should be rescinded immedi-ately and construction halted pending resumption of public hearings and resolution of the contentions.
It is Applicants' understanding that NRC Staff 61-203 7 9 04 ' 10 G R6 2
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f counsel regard the Petition as a petition to intervene pursuant i
in the to Section 2.714 of the Commission's regulations to the issuance i
currently pending combined hearing with respect 2 and with respect to of an operating license for TMI No.
considering those matters covered by Appendix D to
- whether, 10 CFR 50 of the Commission's regulations, the T"I No. 2 con-terminated or struction permit should be continued, modified, appropriately conditioned to protect environmental values.
This response treats the Petition accordingly.
the Petition as a late petition to Applicant opposes intervene by a new intervenor* with no showing of good cause with respect to any of its contentions.
The Coalition seeks 2 con-to enter this proceeding and to rescind the TMI No.
- 1974, struction permit more than two years after the June 27, deadline for petitions to intervene.
(Notice of Application for Facility Operating License, 39 F.R. 18497, May 28, 1974.)
The Petition should either be denied by this Board, or at a minimum, the Coalition should be required promptly to submit a showing
- Applicant notes a substantial overlap between the indi-vidual members of the Coalition identified in its Petition and the individual members previously identified with Citizens for a Safe Environment and York Committee for a Safe Environment, already admitted as intervenors in this proceeding.
At least one of the existing intervenors (Citizens for a Safe Environment) is also an organizational member of the Coalition.
Mr. Chauncey Kopford is the desig-nated representative of both the Coalition and existing intervenors.
Thus in practical effect the Petition of the Coalition amounts to an effort by existing intervenors to raise new contentions at this late date without a showing of good cause.
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a of good cause for late intervention in accordance with Section
- 2. 714 (a) of the Commission's regulations, including with I
to each contention a discussion of the factors enumerated
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respect l
in Section 2.714 (d).
In addition, the Coalition should be l
required to address the question of good cause and timeliness of each late contention.
Applicants request that if the Board decides to allow the Coalition to submit such a showing of good cause, the Board promptly issue an order requiring such submission no later than ten days after the issuance of the Board's order.
Applicants will reply within five working days after receipt of any such submission, will respond to any contentions for which good cause and timeliness are shown, and will request an early prehearing conference for argument and ruling by the Board on the allowability of the late intervention and contentions.
Applicants plan to request a hearing on the previously allowed contentions of existing intervenors in December of 1976 or January of 1977, depending on the issuance date of the Final Supplement to the Final Environmental Statement now in prepara-tion.
In crder to avoid potential delay in the hearing pro-cess, Applicants urge the Board to act as expeditiously as possible in handling the Petition.
Respectfully submitted, SHAW, PITTY.AN, POTTS & TRCWBRIDGE
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1 (fo rg y' F. Trowbridge
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Dated:
September 9, 1976
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO:01ISSION Before the Atomic Safet/ and Licensinc Board In the Matter of
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METROPOLITAN EDISON CCMPANY,
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JERSEY CENTPJsL PCUER & LIGHT COMPANY, )
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Docket No. 50-320 and PENNSYLVANIA ELECTRIC COMPANY
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(Three Mile Island Nuclear Station,
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Unit 2)
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CERTIFICATE OF SERVICE I hereby ceri.ify that copies of the foregoing
" Applicants' Response to Petition for Intervention" have been served upon each of the persons listed on the attached service list by mailing a copy, postage prepaid, on this 9th day of September, 1976.
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'c9 rge/ F. Troworldge
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6 Date1:
September 9, 1976 bl.~2C6
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter ot
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METROPOLITAN EDISON COMPANY, )
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Docket No. 50-320
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(Three Mile Island Nuclear Station, Unit 2)
SERVICE LIS_T Edward Luton, Esq., Chairman Eenry J. McGurren, Esq.
Atomic Safety and Licensing Board Office of the Executive Legal U.S.
Nuclear Regulatory Commission Director Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Gustave A. Linenberger Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Karin W.
Carter, Assistant Attorney Washington, D.C.
20555 General Office of Environment Dr. Ernest O.
Salo Department of Environmental Resources Professor, Fisheries Research 709 Health and Welfare Building Institute, WH-10 Harrisburg, PA 17120 University of Washington Seattle, WA 98195 Atomic Safety and Licensing Board Panel Mr. Chauncey R.
Kepford U.S.
Nuclear Regulatory Commission 2586 Broad Street Washington, D.C.
20555 York, PA 17404 Atomic Safety and Licensing Appeal Judith H.
Johnsrud Board 433 Orlando Avenue U.S. Nuclear Regulatory Commissicn State College, PA 16801 Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Ccamission Washington, D.C.
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