ML19262A708

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Order Directing Petitioner MD Public Svc.Commission to File Statement of Agreement Re Cessation of Proceedings,To Amend Petition to Intervene or Submit Memorandum in Support of Current Petition
ML19262A708
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 11/21/1979
From: Grossman H
Atomic Safety and Licensing Board Panel
To:
MISSOURI, STATE OF
References
NUDOCS 7912100355
Download: ML19262A708 (3)


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UNITED STATES OF NUCLEAR REGULATORY COMMISSION ecema usme O

. Atomic Safety and Licensine Board

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NOV 231979 > ~3

[I e m a iw s Herbert Grossman, Chairman g

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Glenn O. Bright, Member 4w Richard F. Cole, Member by e

In the Matter of

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KANSAS GAS & ELECTRIC COMPANY AND )

Docket No. STN 50-482-SP KANSAS CITY POWER E LIGHT COMPANY )

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(Wolf Creek Generating Station,

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(Construction Permit Unit No. 1)

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Amendment)

ORDER DIRECTING A FURTHER SUBMISSION BY.THE PUBLIC SERVICE ~ COMMISSION OF MISSOLTI On September 24, 1979, the Nuclear Regulatory Commission published in the Federal Register a notice of a proposed issuance of amendment to Construction Permit CPPR-147 that had been issued to the Kansas Gas & Electric Company and Kansas City Power & Light Company (applicants) on May 17, 1977 for the construction of the Wolf Creek Generating Station, Unit No. 1, located in Coffey County, Kansas.

44 Fed. Reg. 55071.

The proposed amendment would add Kansas Electric Power Cooperative, Inc. as a co-owner assuming a 17 percent interest in the Wolf Creek facility in accordance with the application, dated July 30, 1979.

The notice provided that the applicants might file a request for a hearing with respect to the issuance of the amend-ment to the construction permit and that any person whose interests might be affected by the proceeding who wished to participate as a party in the proceeding must file a written petition for leave to intervene pursuant to 10 C.F.R.

$2.714, by October 24, 1979.

7012100 35.5 1527 n98

. By that date, and until now, no petitions for leave to intervene under 52.714 have been received.

However, a petition for leave to intervene as representative of a State pursuant to 10 C.F.R. 52.715(c), dated October 24, 1979, was filed by the Public Service Commission of Missouri.

fhe petition did not request a hearing, nor did it raise any contentions adverse to the proposed amendment.

Rather, it indicated the Public Service Commission's desire merely to fulfill "its statutory obligation to carefully monitor the con-struction or sale of plant and the appropriate allocation of costs between jurisdictions".

On November 16, 1979, an Atomic Safety and Licensing Board was established to rule on petitions for leave te intervene and/or requests for hearing and to presiue over the proceeding in the event that a hearing is ordered.

The members of the Board are Mr. Glenn O.

Bright, Dr. Richard F. Cole and Mr. Herbert Grossman, Chairman.

It appears that, in the absence of either a 52.714 intervenor or the indication of a specific aspect of the subj ect matter that an intervenor might wish to raise, no hearing is required to amend a construction permit.

Accordingly, the Board directs that within 15 days of the issuance of this order, the Public Service Com-mission of Missouri file one of the following with the Secretary:

1) a statement indicating its agreement that no further proceedings are in order; 2) a motion to amend its petition to intervene under 10 C.F.R. 52,714, together with its proposed amended petitien raising at least one specific aspect on which a hearing should be held; 1527 299

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3) a memorandum supporting the position that a hearing should be held on the' basis of the petition to intervene under 10 C.F.R. 5 2. 715 (c) that has already been filed; or 4) any other document which the petitioner feels would resolv2 the issue of whether further proceedings are in order.

The applicants are given 10 days and the NRC staff 15 days from service of the petitioner's submission to respond to it.

Board members Glenn O. Bright and Richard F. Cole concur in this order.

BY ORDER OF THE 30ARD THE ATOMIC SAFETY AND LICENSING BOARD

&O WN Herbert Grossman, Chairman Dated at Bethesda, Maryland this 21st day of November, 1979 1527 300