ML19261B797

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Responds to Urging Commission to Fund Intervention Proceedings.Concludes Such Action Is Inappropriate
ML19261B797
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 02/26/1979
From: Hendrie J
NRC COMMISSION (OCM)
To: Roisman A
National Resources Defense Council
References
NUDOCS 7903060261
Download: ML19261B797 (1)


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4 NUCLEAR REGULATORY COMMISSION

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CHAIRMAN

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QV 3 Anthony Z. Roisman, Esq.

Natural. Resources Defense Council, Inc.

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,g Re: Arizona Public Service (Palo Verde Units 4 & 5)

Docket Nos. 50-592 and 593 Dear Mr.

man "g This is in response to your letter of January 10, 1979 suggesting that the Commission fund intervention in the Palo Verde proceedings.

The Commission has previously considered the question of intervenor funding and decided against it in general.

Nuclear Regulatory Commission (Financial Assistance to Participants in Commission Proceedings), 4 NRC 494 (1976).

The Commission is currently considering whether it should-draft a bill to reform the nuclear licensing process and what form such a bill might take, and it is again considering the issue of intervenor funding in that context.

The desirability of funding without Congres-sional authorization and the Commission's authority to do so are matters of current discussion.

In addition, no party to the proceeding has requested fedir.9, and.you do not contend that it is especially required here.

Finally, the fact that a Commissioner will sit on the panel does not sufficiently distinguish Palo Verde from other Commission licensing proceedings so that the Commission could fund intervention here witnout setting.a substantial precedent for other cases.

Therefore, we do not believe it appropriate to provide intervenor funding in the Palo Verde proceeding. We are fully aware of your support for the concept of intervenor funding and will consider your views in our consid-eration of this issue.

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'ncerely, Jose M. Hendrie cc: Attorneys for all parties 7903060 26\\

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