ML19224C243

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NRC Response in Support of Ma Governor Ofc of Energy Resources Petition to Intervene as Interested State Agency. Certificate of Svc Encl
ML19224C243
Person / Time
Site: 05000471
Issue date: 05/29/1979
From: Mulkey M, Beverly Smith
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7907020004
Download: ML19224C243 (4)


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NRQ PUBLIC DOCTD.ENT ROOM UNITED STATES OF AMERICA 5/29/79 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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BOSTON EDISON COMPANY, et _al.

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Docket No. 50-471 o

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(Pilgrim Nuclear Generating Station,

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,m,,ac Unit 2)

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1 NRC STAFF RESPONSE IN SUPPORT OF PETITION

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.Tg 0F THE GOVERNOR'S MASSACHUSETTS OFFICE Mp 0F ENERGY RESOURCES FOR LEAVE T0 g

fj PARTICIPATE AS AN INTERESTED STATE AGENCY iG

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The Governor's Massachusetts Office of Energy Resources (MOER) har moved to participate in this proceeding as an interested state agency.

Far the reasons stated below, the Staff supports its Motion.

The M0ER's petition to intervene as an interested state agency under 52.715(c) addresses in part the criteria governing non-timely petitions to intervene contained in 52.714(a). The policy of the NRC is to encourage the participa-tion of interested governmental entities. The MOER clearly meets the interest requirement of 10 C.F.R. 52.715(c).

Further, the Staff believes that the petition demonstrates that the factors governing non-timely intervention by 52.714 parties either favor the agency's admissicn er do not weigh against it.

The MOER is an agency of t..e Massachusett's Governor's office which has re-cently been establisheu by the Governor and which has expressed its desire to limit its participation tc 5e need for power issues which remain to be Nb J.)

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. considered. The agency has alleged its recent establishnent as cause for late intervention and has expressed its lack of congruity of position with the Attorney General's representation for the Correonwealth in this proceeding.

Further, the agency has agreed to take the proceeding as it finds it, adding no new issues and presumably abiding by filing and hearinq dates set without regard to its participation.

In 1ight of all these facts, the NRC Staff supports the admission of the MOER as an interested state agency.

Respectfully subaitted, f]Uut ta hwh!

  • d Barry H. Smith Counsel for NRC Staff b

Dated at Bethesda, Maryland Marcia E. Mulkey this 29thday of May, 1979.

Counsel for NRC Staff a

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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0"J11SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of

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BOSTON EDISON COMPANY, ~et al.

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Docket No. 50-471

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i (Pilgrim Nuclear Generating Station,

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Unit 2)

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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE IN SUPPORT OF PETITION OF THE GOVERNOR'S MASSACHUSETTS OFFICE OF ENERGY RESOURCES FOR LEAVE TO PARTICIPATE AS'AN INTERESTED STATE AGENCY" in the above-captioned proceeding have been hand delivered on the following marked with two asterisks, and have been served or. the other parties listed by derasit in the United States i

mail, first class or, as indicated by a single asterisk, throuah deposit in the Nuclear Regulatory Commission's internal mail,ystem, this 29th day of May, 1979.

  • Ldward Luton, Esq.

H..ry He r rmann, Es q.

    • Atomic Safety and Licensing Board Paom 1045 U. S. Nuclear Regulatory Commission 0 Congress Street Washington, D. C. 20555 Boston, Massachusetts 02108
    • Dr. A. Di xon Callihan
    • Mr. and Mrs Alan R. Cleeton Union Carbide Corporation 22 Mackintosh Street P. O. Box Y Franklin, Massachusetts 02038 Oak Ridge, Tennessee 37830 T e Board of Selectmen
  • *Dr. Richard F. Cole lawn of Plymouth Atomic Safety and Licensing Board Plymouth, Massachus'etts 02360 U. S. Nuclear Regulatory Commission Washington, D. C. 20553 William S. Abbott, Esq.

50 Congress Street, Suite 925

    • George H. Lewald, Esq.

Boston, Massachusetts 02109 Ropes & Gray 225 Franklin Street _

80ston, Massachusetts 02110 Michael B. Meyer Assistant Attorney Gcneral

    • Dal e G. Stoodl ey, Esq.

Utilities Division Boston Ediscn Ccmpany Public Protection Bureau 800 Boylston Street One Ashburton Place Boston, Massachusetts 02199 19th Floor Bosten, Massachusetts 02108 t

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  • Atomic Safety and Licensing
  • Docketing and Service Section Appeal Board Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washin,'n, D. C.

20555 Washington, D. C.

20555 i

  • Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Laurie Burt, Esq.'

Washington, D. C.

20555 Assistant Attorneys General Commonweal th of Ma ssachu setts Mr. Les ter B. Smith Enviror. mental Protection Division Director of Conservation One Ashburton Place,19th Floor Massachusetts Wildlife Federation Boston, Massachusetts 02108 P.O. Box 343 Natick, MA 01761 F

    • Francis S. Wright, Esq.

Stephen M. Leonard, Esq.

Assistant Attorneys General.

Environmental Protection Division Public Protectior. Bureau One Ashburton Place, 19th Floor i

Boston, Massachussetts 02108 htf cu_

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Marcia E. Mulkey Counsel for NRC Staff O

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