ML19208C984

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Responds to 790613 Comments Re NRC Request for Public Hearings.Elements of Standing Have Not Yet Been Established by Petitioners.Opportunity Will Be Given to Prove Standing. Forwards ASLB 790621 Order.W/O Encl
ML19208C984
Person / Time
Site: Rancho Seco
Issue date: 07/09/1979
From: Cunningham G
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Fazio V
HOUSE OF REP.
Shared Package
ML19208C985 List:
References
NUDOCS 7909270721
Download: ML19208C984 (1)


Text

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Docket No. 50-312

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. gi,).dhcv; M The Honorable Vic Fazio United States House of

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Dear Congressman Fazio:

Thank you for your letter of June 13, 1979, forwarding your comments on the pleading which I recently filed on behalf of the NRC Staff with the Commission in connection with two petitions for a public hearing concern-ing the Rancho Seco nuclear power plant. As you may be aware, the Commission issued an order on June 21, 1979, directing the appointment of an Atomic Safety and Licensing Board "to determine whether the requesters meet the requisite personalinterest test and to conduct any hearing which may be required." A copy of this Order is enclosed for your information.

In your letter you indicate your belief that the petitioners have standing to participate in any hearing on Rancho Seco, i.e., that they are " persons whose interests may be affected by the Order." Whether or not that is the case will now be determined by the Atomic Safety and Licensing Board which will be convened pursuant to the Commission Order specifically to consider that issue. I wish to emphasize, however, that the NRC staff pleading which is the subject of your comments did not assert that any of the petitioners lacked standing. Rather the pleading noted that the elements of standing had not yet been established by the various petitioners. The Staff suggested (and the Commission agreed) that they should be given the opportunity to make this showing.

Your interest in this matter is appreciated. If I can provide any further information, please do not hesitate to contact me.

Sincerely,

D Q tw

i..... wQ Gu H. Cur,ningham, III Assistant Chief Hearing Counsel

Enclosure:

As stated 7909 270 /X /

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