ML19254D126
| ML19254D126 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 10/01/1979 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7910220416 | |
| Download: ML19254D126 (3) | |
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In the Matter of THE TOLEDO EDISON COMPANY AND Docket No. 50-346 THE CLEVELAND ELECTRIC
)
(Special Proceeding)
ILLUMINATING COMPANY
)
(Davis-Besse Nuclear Power Station, Unit No. 1
)
MEMORANDUM AND ORDER On July 25, 1979 the petitioner, Senator McCormack, filed a statement setting forth his interest in this proceeding.
The licensee on August 8, and the staff on August 13, filed responses to the petitioner's statement, which responses, in the board's view, raised important questions about Senator McCormack's standing to be a party to this proceeding.
Among other things, the petitioner's statement and the responses by the licensee and the sttff demonstrate that there is much confusion about the nature and location of activities asserted by him as a partial basis for his interest in the proceeding.
Accordingly, on its own motion, the board issued a memorandum and order on August 20 granting "... to the petitioner, Senator McCormack, an opportunity (until September 7] to address the respective responses by the licensee and the NRC staff to his statement of interest in this pro-ceeding."
Senator McCormack filed nothing in response to the Board's invitation.
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., Ordinarily we would rule upon the petitioner's standing to intervene in the proceeding based upon his earlier filings, but now we have been provided information which indicates that he was not served with a copy of the licensee's response to
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his statement of interest.-
Even accepting the fact that Senator McCormack was not served a copy of licensee's response to his statement of interest, we believe that several factors indicate that his enthusiasm for litigating the subject matter of the Commission's Order of July 5 has waned.
First, the licensee's response was referred to in the board's order of August 20.
We are not aware of any timely effort by Senator McCormack to inform himself of the licensee's concerns; he did not complain to this board about the oversigh,t.
Second, we believe that a determined petitioner would have been eager to address alone the questions raised by the staff in its response to his statement of interest.
Third, according to the September 20 letter to him from staff counsel, counsel advised him by telephone on September 19 that he should promptly notify the board chairman of the cir-cumstances (not receiving licensee's response) and make any necessary motions.
We have received neither notification nor motion.
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Letter dated September 20, 1979 from NRC staff counsel Stephen H.
Lawis to Senator McCormack.
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, All in all it seems that Sent. tor McCormack may have abandoned his request for a hearing.
Therefore to be certain of his intentions we direct that he inform the board on or before October 10, 1979 whether or not he wishes to have a hearing in this proceeding, whether he intends to participate in any such hearing, and if so, to what extent and concerning which subject matters.
In the absence of a response from Senator McCormack, we will conclude that his request for a hearing has been abandoned.
The board also notifies the petitioner that his statement of interest as presently filed is inadequate to demonstrate that he has standing to intervene in this proceeding, and such will be the ruling of the board if his statement of interest is not supplemente,d.
Dr. Cadet Hand did not participate in this action.
BY ORDER OF THE BOARD.
K,R THE ATOMIC SAFETY AND LICENSING BOARD
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Ivan W. Smifh, Chairman Dated at Bethesda, Maryland this 1st day of October, 1979.
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