ML19273B595

Requests Funding as Intervenor in Proceeding.Cost & Available Time for Preparation Make NRC Funding Necessary

ML19273B595
Person / Time
Site:	Palo Verde
Issue date:	03/27/1979
From:	Bard L AFFILIATION NOT ASSIGNED
To:	Hendrie J NRC COMMISSION (OCM)
References
NUDOCS 7906040428
Download: ML19273B595 (2)

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Mr. Joseph Hendrie Unitect States Nuclear Regulatory Commission Washington, D.C.

Dear Mr. Hendrie:

I was very pleased to receive your letter of February 26th addressed to 'fr. Anthony Roisman of the National Resources Defense Council.

Since I was noc granted standing as a participant until the recent hearing and I have just received official copy of that standing granted, I now feel that I can request intervenor funding.

As Mr. Roisman's letter of January 10th stated, he had not had any contact with me so he could not contend that funding was especially required for the public intervenor effort. Now, with my st.anding granted, I am legally party to the proceedings and I do request consider-ation for funding. It is especially required if the citizen intervention effort is to play any significant role in the hearing process.

Briefly stated, this is the situation: the ability to successfully fund the presentation needed.in the licensin3 proceedings is outside my personal financial resources, and because deadlines in the procedures limit attempts to raise private funding, it becomes necessary for special consideration to be given the granting of intervenor funding, Sincerely, aw L Lar Bard

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Anthony Z. Roisman, Esq.

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.iatural Resources Defense Council, Inc.

Ah g E 911 15th Street, N.W.

b'ashington, D.C. 20005

• W Re: Arizona Public Service (Palo Verde Units 4 &~5)

Docket Nos. 50-592 and 593 Jear Mr. Pp can

• ~-Q snis is in response to your letter of January 10, 1979 suggesting that  ;

the Ccmistica fund intervention in the Palo Verde proceedings.

The Ccm ission has previously considered the question of intervenor funding and decided against it in general. Nuclear Reoulatory Comission (Financial Assistance to Participants in Commission Proceedings), 4 NRC

'94 (1975). De Comission is currently considering whether it shculd-draft a bill to refom the nuclear licensing process and what fom such a bili might take, and it is again considering the issue of intervenor funding in that context. The desirability of funding without Congres- i sional authorization-and the Commission's authority to do so are matters I of current discussion. In addition, no party to the proceeding has i requested funding, and.you do not contend that it is especially required here. _ j Finally, the fact that a Commissioner will sit on the panel does not sufficiently distinguish Palo Verde from other Commission licensing.

roceedings so that the Commission could fund intervention here without .

settir.g.a substantial precedent for other cases. -

Therefore, we do not believe it appropriate to provide intervenor funding in the Palo Verde proceeding. We are fully aware of your support for the .

concept of intervenor funding and will consider your views in our consid -

eration of this issue.

'ncerely, Jos M. Hendrie cc: Attorneys for all parties

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