ML19262A749
| ML19262A749 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 11/13/1979 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912100475 | |
| Download: ML19262A749 (3) | |
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UNITED STATES OF AMERICA 11/13/79 NUCLEAR REGULATORY COMMISSION os BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
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In tne Matter of
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KANSAS GAS AND ELECTRIC COMPANY &
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b KANSAS CITY POWER & LIGHT COMPANY
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Docket No.50-48c
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(Wolf Creek Generating Station,
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NRC STAFF'S ANSWER TO MISSOURI PUBLIC SERVICE COMMISSION'S " PETITION FOR LEAVE TO INTERVENE AS REPRESENTATIVE OF STATE PURSUANT TO TITLE 10 SECTION 2.715(c) CODE OF FEDERAL REGULATIONS (CFR)"
On September 24, 1979, the Nuclear Regulatory Comission (NRC) filed a " Notice of Proposed Issuance of Amendment to a Construction Permit," 44 Fed. Reo.
55071. That notice provided, inter alia, that persons whose interests might be affected by the proposed action, which would add Kansas Electric Power Cooperative, Inc. as a 17% co-owner of the Wolf Creek facility, might file a petition to intervene by October 24, 1979.
In a timely pleading dated October 23, 1979, the Missouri Public Service Comission (MPSC) petitioned "to participate as an intervenor in this proceeding" pursuant to the provisions of 10 C.F.R. 92.715(c). The time f;r intervention has now expired, with no other petitions having been received.
In the case of an amendment to a construction permit, as in the cas.e of issuance of an operating license, it is not mandatory that a hearing be held.
iO C.F.R. 52.104; Cincinnati Gas & Electric Co. (Zimer), ALAB-305, 3 NRC S (1976).
In such a situaticn, Licensing Boards have been particularly 1526 349 7912100 4-75
. careful to determine that there is a petitioner who has demonstrated an interest in the outcome of the proceeding and has raised at least one good contention to be considered in the proceeding. Zimmer, supra; Gulf States Utilities Co. (River Bend), ALAB-183, 7 AEC 222, 226 (1974). This case law reflects the requirements of 10 C.F.R. 52.714, the NRC's regulation on inter-vention.
It does not appear that the question of whether a petition filed under 10 C.F.R. 52.715(c), the NRC's regulation on participation by " interested.
states" in licensing proceedings, can, in the absence of any petitions filed under 52.714, invoke learing has ever been directly decided. Tennessee Valley Authority (Browns Ferry), CLI-73-3, 6 AEC 3 (1973).
In this situation, however, there is ambiguity on the face of MPSC's peti-tion as to whether it is brought pursuant to 52.715(c) or 52.714. Although petitioner specifically invokes 52.715(c), it also requests to p -ticipate as an "intervenor" in the proceeding.
Because of the importance of this question, we believe the Board should require MPSC to clarify on the record whether its petition is filed pursuant to 12.715(c) or 52.714.
Respectfully submitted, N. k.r4 Stephen H. Lewis Counsel for NRC Staff Dated at Bethesda, Maryland this 13th day of No< ember,1979.
1526 350
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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KANSAS GAS AND ELECTRIC CGMPANY &
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Docket No. 50-482 KANSAS CITY POWER & LIGHT COMPANY
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(Wolf Creed Generating ?tation,
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Unit No. 1)
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CERTIFICATE OF SERVICE I hereby certify that.:opies of "NRC STAFF'S ANSWER TO MISSOURI PUBLIC SERVICE COMMISSION'S " PETITION FOR LEAVE TO INTERVENE AS REPRESENTATIVE OF STATE PURSUANT TO TITLE 10 SECTION 2.715(c) CODE OF FEDERAL REGULATIONS (CFR)"
in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 13th day of November,1979.
Treva J. Hearne, Esq.
- Atomic Safety and Licensing Assistant General Counsel Board Panel P. O. Box 360 U. S. Nuclear Regulatory Commission Jefferson City, Mo.
65102 Wasnington, D. C.
20555 Gerald Charnoff, Esq.
- Docketing and Service Section Shaw, Pittman, Potts & Trowbridge Office of the Secretary 1800 M Street, N. W.
V. S. Nuclear Regulatory Commission Washington, D. C.
20006 Washington, D. C.
20555
- Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.
20555
,b Steondn H. Lewis Counsel for NRC Staff i526 3SI