ML19254D153

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Order Denying J Durkin 790912 Petition to Intervene,For Untimely Filing.Limited Appearance Statement May Be Made
ML19254D153
Person / Time
Site: Allens Creek File:Houston Lighting and Power Company icon.png
Issue date: 10/10/1979
From: Wolfe S
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7910220446
Download: ML19254D153 (2)


Text

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NRC PUBLIC DOCIBIENT ROOM M,' Ng7 A

N UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. Wolfe, Esquire. Chairman WD Dr. E. Leonard Ci.]atum, Member Gustave A. Linenberger, Jr., Member UE'RVED OCT 111973 In the Matter of

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HOUSTON LIGHTING AND PCWER COMPANY

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Docket No. 50-466 CP

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(Allens Creek Nutlear Generating Station, Unit 1)

ORDER (October 10, 1979)

In a letter postmarked September 12, 1979, petitioner, Judith Durkin stated that she wanted to be a"ccmplete, full party"and wanted to intervene in the instant case.

Thereafter in a letter dated September 14, 1979, the Utitioner listed four contentions.

The Supplementary Notice Of Intervention Procedures dated June 12, 1979 (44 Fed. Seg. 35062, June la,1979), among other things, directed that a petition for leave to intervene must be filed by July 18, 1979, and that a person shall state that he failed to file a petition for leave to intervene pursuant to the Board's notices of May 31 and September 11, 1978, because of the restrictions on pernissible contentions contained in those notices.

Petitioner did not file her petition for leave to intervene by July 18, 1979. Moreover, neither in her petition filed fifty-five days after the due date nor in her subsequent letter, did she shcw good cause for the failure to file on time and discuss the four other factors set forth in 10 C.F.R.12.714(a)

(1) wnich would have enabled the Board to determine whether her non-timely petition 2

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should be entertained.

Finally, she did not state in her petition that she had failed to file a petition pursuant to the Board's notices of May 31 and September 11, 1978, because of the restrictions on permissible contentions contained in those notices.

Accordingly, the instant petition for leave to intervene is denied.

Pursuant to 10 C.F.R. 5 2.715(a), petitioner may make a limited appearance statement at a time to be scheduled at a later date.

Pursuant to 10 C.F.R.

I 2.714a, cetitioner may appeal this Order to the Atomic Safety and Licensing Appeal Board withir tan (10) days after the service of this Order.

c IT IS SO ORDERED.

Ah FOR THE ATOMIC SAFETY AND LICENSING BOARD

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Sheldon J. W6Jfe, Esquire Chairman Dated at Bethesda, Maryland this 10th day of October,1979.

1/ The Supplementary Notice of Intervention Prc 3:: tres soecifically stated

  • A petition for leave to intervene which is #P.s a (ereafter [after July 18, in 10 C.F.R. i 2.714(a) 1979] must be justified under the factors cf'

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