ML19210E577

Response to PSC of Mo 791023 Request to Intervene as Representative of State.Since No Request for Hearing Filed No Hearing Appropriate.Certificate of Svc Encl

ML19210E577
Person / Time
Site:	Wolf Creek
Issue date:	11/07/1979
From:	Silberg J KANSAS GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
References
NUDOCS 7912050321
Download: ML19210E577 (5)

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UNITED STATES OF AMERICA A f. e5' NUCLEAR REGULATORY COMMISSION In the Matter of )

)

KANSAS GAS AND ELECTRIC COMPANY )

) Docket do. STN 50-482 and )

) Proposed Issuance of KANSAS CIT'l POWER & LIC.HT COMPANY ) Construction Permit

) Amendment (Wolf Creek Generating Station )

Unit No. 1) )

PERMITTEES' ANSWER TO

" PETITION FOR LEAVE TO INTERVENE AS REPRESENTATIVE OF STATE PURSUANT TO TITLE 10 SECTION 2.715 (C) CODE OF FEDERAL REGULATIONS (CFR) "

On September 24, 1979, the Commission published in the Federal Recister a notice that it was considering the issuance of an amendment to the Construction Permit No. CPPR-147 authori::ing the construction by Kansas Gas and Electric Company and Kansas C2.".y Power & Light Company (Permit tees ) of the Wolf Creek Generating Station, Unit No. 1, 44 Fed. Reg. 55071.

The amendment would add Kansas Electric Power Cooperative, Inc.

as a co-owner of the Wolf Creek facility. The Commission's notice provided that any requests for hearing or petitions for leave to intervene were to be filed by October 24, 1979.

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- By letter dated October 23, 1979, the Missouri Public Service Commission (PSC) filed its " Petition For Leave To Intervene as Representative of State Pursuant to Title 10 section 2.715(c) Code of Federal Regulations (CFR) . " The PetiLion did not request a hearing. Rather, it seeks permission to " participate as an intervenor in this proceeding with respect to the issuance of the amendment...."

Section 2.715(c) provides that an atomic safety and licensing board will afford representatives of an agency of an interested State "a reasonable opportunity to participate" in NRC proceedings. PSC as an agency of an interested State clearly comes within the scope of this provision. However, absent a request for a hearing, there would be no proceeding in which PSC could participate.

Although the Commission has yet to decide whether a

, petition filed under 10 CFR S2.715 (c) by itself can trigger a hearing *, that question need not be reached in this case.

Counsel for PSC has informed Permittees' counsel that PSC did not intend to request a hearing and does not want a hearing convened solely as a result of its petition. Counsel

-<See Tennessee Valley Authority (Browns Ferry Nuclear Plant, Units 1, 2, 3), CLI-73-3, 6 AEC 3 (1973); Niagara Mohawk Power Corm. (Nine Mile Point, Unit No. 1) , LBP-74-21, 7 AEC 657 TITT4).

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for PSC further stated that PSC wants to participate in the proceeding only if a hearing is held at the request of some other person. Since no requests for hearing and no other petitions for leave to intervene have been filed, no hearing is appropriate in this case.

Respectfully submitted SHAW, PITTMAN, POTTS & TROWBRIDGE

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By

- ~ #'. 'r Jay E. Silberg Counsel for Permittees 1800 M Street, N.W.

Washington, D.C. 20036 (202) 331-4100 Dated: November 7, 1979 1502 193

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

)

KANSAS GAS AND ELECTRIC COMPANY )

) Docket No. STN 50-482 and )

) Proposed Issuance of KANSAS CITY POWER & LIGHT COMPANY ) Construction Permit

) Amendment (Wolf Creek Generating Station, )

Unit No. 1) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Permittees' Answer to Petition for Leave to Intervene as Representative of State Pursuant to Title 10 Section 2.715 (C)

Code of Federal Regulations (CFR)" were served by deposit in the U.S. mail, first class, postage prepaid, this 7th day of November, 1979, to all those on the attached Zervice List.

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Jay E'. Silberg '

Dated: November 7, 1979 1502 194

UNITED STATES OF AMERICA NUCLEAR F5GULATORY COMMISSION In the Matter of )

)

KANSAS GAS AND ELECTRIC COMPANY )

) Docket No. STN 50-482 and )

) Proposed Issuance of KANSAS CITY POWER & LIGHT COMPANY ) Construction Permit

) Amendment (Wolf Creek Generating Station, )

Unit No. 1) )

SERVICE LIST Treva J. Hearne, Esq..

Assistant General Counsel Missouri Public Service Commission P. O. Box 360 Jefferson City, Missouri 65102 Stephen H. Lewis, Esquire Offic0 of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20055 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20055 1502 195