ML19270E942
| ML19270E942 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 12/15/1978 |
| From: | Milhollin G Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7901030252 | |
| Download: ML19270E942 (5) | |
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SEFORE THE ATOMIC SAFETY AND LICENSING BOARD cy.. @
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Docket No. 50-272 PUBLIC SERVICE ELECTRIC &
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Proposed issuance of Amendment GAS COMPANY
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to Facility Operating License
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No. OPR-70 (Salem Nuclear Generating
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S ta tion, Uni t No. 1)
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MEMORANDUM AND ORDER This memordum and order is in response to a " Motion to Convene the Scard to Receive Public Testimony" filed on November 9,1978 by Alfred and Eleanor Coleman, who have been admitted as intervenors in this proceeding. The Colemans request the Board to do the following:
I.)
Convene a special session of the Board and parties for the purpose of receiving testimony and written s tatements f rom all interested members of the public; 2.)
Provide written notice of the special session to all who recuest the coportunity to apoear and make statements; 3.)
Schedule the time and location of the hearings so as to assure maxi-mum public convenience and participation; 4.)
Direct the Parties to inform the Board of any issues or concerns raised at the session which should be admi tted as issues in '.entro-versy for the presentation of evidence or legal argument.
The Colemans also request that the Board direct the Secretary and the parties to serve the Coleman's technical consultants wi th all documents or pleadings filed in this proceeding.
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r This seems to have been the assumption underlying the recent amendment. With this in mind, the Board in exercise of its discretion will convene a soecial prehearing conference to entertain limited appearances. The conference will be held in advance of the hearing, at a time and place designed to facilitr public participation, with appropriate notice to those who wish to appear.
Persons who make limited appearances at the special prehearing conference will not be permi tted to make addi tional limited appearances at the hea ri ng.
The conference will be held after the NRC staff has completed its safety evaluation and envi ronmental review.
Per'ons aho are not parties to the proceeding are strictly limited to the participation mentioned above. Statements made in limited appearances are aei ther " evidence" nor "tes timony."
10 CFR 2.743; 10 CFR Part 2, Appendix A,
$lli (b).
Insofar as the Colemans intend by their request to have the board entertain evidence or testimony during a limited appe..ance their request must be denied.
In thei r fourth request, the Colemans appear to ask the Board to requi re the parties to examine the limi ted apoearance statements, and then advise the Board whether new contentions shoul d be admi tted.
The Board has not found any authority in the regulations for imposing such a requirement, nor have the Colemans given any reason why the Board should
.) this as a matter of its own discretion. A party is entirely free to request that its intervention petition be enlarged to accomodate an issue raised by a limi ted appearance, if it finds the issue meri torious.
10 CFR 2.714.
A participating state or coli tical sub-division can do the same under 10 CFR 2.715 Finally, the Scard nas authority to enlarge the issues on its own motion.
10 CFR 2 760(a).
Since any meritorous
. no appropriate showing has been made, the Board denies this party. Since request.
FOR THE ATOMIC SAFETY AND LICENSING SCARD 4r f Giry,1./ Mi l ho l I i n. Cha i rman Dated at Madison, Wisconsin this /99 day of December,1978.