ML19269E032
| ML19269E032 | |
| Person / Time | |
|---|---|
| Site: | 05000471 |
| Issue date: | 05/07/1979 |
| From: | Mulkey M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19269E033 | List: |
| References | |
| NUDOCS 7906230113 | |
| Download: ML19269E032 (2) | |
Text
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WC PTTnr ir nop UNI EbAftM AMERICA 5/7/79 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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BOSTON EDIS0N COMPANY, et al.
Docket No. 50-471 4
d d
Y (Pilgrim Nuclear Generating Station,
/[ h Unit 2)
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b M
Il-9 45
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NRC STAFF RESPONSE TO INTERVEN0R g
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CLEETONS' " INTERROGATORIES" On April 16, 1979 the Intervenor Cleetons filed with this board " Inter-rogatories of Intervenor Cleeto'ns Regarding the Values in Table S-3."
Their filing is improperly brought before this Board and premature should an eventual rulemaking proceeding develop.
It is apparent from the Cleetons' filing that the attempt to submit interrogatories is prompted by a letter from the Staff's Chief hearing Counsel to Appeal Board Chairman Rosenthal, a copy of which is attached hereto for convenient reference.~1/
The letter replies to an inquiry from Chairman Rosenthal concerning progress toward a proposed rulemaking on the value for radon in Table S-3.
As is clear from the letter, there is currently no rulemaking proceeding on the radon value.
If there were, this Board would not have jurisdiction over it.
If and when there is to be such a rulemaking, the Commission 2250 084
_lj Copies of the letter were sent to all parties of record in proceedings where the value for radon in Table S-3 is an issue.
790623 0l/$ '
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will publish a notice of proposed rulemaking in the Federal Register.
The notice will announce an opportunity for interested persons to participate in the rulemaking.
10 CFR 92.805(a)..The Com-mission may, if it chooses, hold hearings in conjunction with the rule-making.
If so, procedu*es will be determined based upon the purpose of the hearing.
For the foregoing reasons, neither this Board nor any other body within the Commission currently has jurisdiction over the interrogatories pro-pounded by the Cleetons. The Cleetons were given an opportunity to address the issues relating to the radon value for this proceeding.by Order of this Board of March 14, 1979.
They did not avail themselves of that 2/
opportunity.
Accordingly, i. heir present filing should be dismissed.
Respectfully submitted, fr% 0
$n l'
Marcia E. Mulkey Counsel for NRC Staff Dated at Bethesda, Maryland this 7thday of May, 1979.
~2/ See "NRC Staff Memorandum on Applicability and Effect of Perkins Initial Decision in Pilgrim Unit 2 Proceeding" filed April 5,1979.
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