ML19270E861

Expresses Extreme Concern About Irregularities in Svc of Notice of ASLB Decision to Deny Citizens Energy Forum Intervenor Status Re Util Request for Amend to Permit Spent Fuel Compaction.Appeals for Intervenor Status

ML19270E861
Person / Time
Site:	North Anna
Issue date:	12/18/1978
From:	Kroot I CITIZENS ENERGY FORUM
To:	Deale V Atomic Safety and Licensing Board Panel
References
NUDOCS 7901020380
Download: ML19270E861 (2)

Text

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" c ::n ec.10GR 337 SP NRC gngC DOCOgk;t ROO ITIZENS' ENERGY FORUM, inc.

P.O. Box 138 --

McLEAN, VIRGINIA 22101 I' 4k 6

g,g a i Valentine B. Deale, Esq.

December 18, 1978 h- gq( 9 NJS 7 [b

~~

Chairman, Atomic Safety and Licensing Board ,, a p.,K$Y 1001 Connecticut Ave. NW b Rd' *** y, Washington, D.C. 20036 i 7 x g

Dear Mr. Deale,

We are extremely disturbed about the irregularities in the ser-vice of notice to Citizens' Energy Forum of the Atomic Safety and Licensing Board's decision to deny intervenor status to CEF in regard to Vepco's request for a license amendment to permit spent fuel compac tion at the North Anna Nuclear Power Station in Louisa County, Virginia.

As you know from your telephone discussion with Deborah Bouton of our group on Friday, Dec. 15, CEF had not then received official notification of the ASLB order (and has not as of Dec. 18). In fact, CEF was informed of the ASLB's decision on Dec. 15 by a mem-ber of the Potomac Alliance, another group requesting intervenor status in the same case, who told us that we had only 10 days from

_he date of service of the order (Dec. 8) to appeal; i.e., that we would have to appeal by today, Dec. 18. You yourself confirmed this date and said that it stood regardless of obvious problems with the mail.

More importantly, however, you told us to disregard that order in its entirety, as an amended order would be issued some-time this week. Therefore, you said we need not appeal the Dec.

8 order by Dec. 18, but we need only respond to the ASLB decision within the time constraints of the second order (which, like the first, we have yet to receive).

According to a subsequent conversation with Steve Goldberg, NRC staff attorney, even if the original order stood we would not be required to appeal before Dec. 26, since federal regulations allow 10 days from the date of mailing (which in the case of the Dec. 8 order was Dec. 11) plus five additional days.

The manner in which the ASLB order has been handled to date raises serious questions in our minds as to the sinenrit" c" the 790102 o 3 f D

2 of 2 Citizens' Energy Forum NRC?s c ommi tme n t to citizen participation in the regulatory pro-eess. Not only does the lack of proper service place our group in jeopardy of losing our rights to appeal, but we have now received conflicting information concerning two conflicting orders and an "uncfficial" rescinding of the original order by yourself--which you refused to out in writing to our group.

Having received no proper official notification of any decision regarding CEF intervention status, this communication serves to notify you of our appeal and reservation of all rights of appeal necessary for securing status to intervene in the North Anna spent fuel compaction matter.

We can see no good reason for having to rely on oral notifi-cation of the original decision--supposedly three days before the deadline for an appeal--and we seriously question the manner in which the NRC and ASLB have issued orders which, we are now told, are being rescinded and revised.

Sincerely, d 'i ,..s , -

j ': i -[

Irwin Kroot for Citizens' Energy Forum

/db cc: Joseph M. Hendrie, Chairman, NRC Steve Goldberg, NRC Staff Attorney i