ML19281A460

Applicant'S Answer to Save Our Wetlands,Inc & Oystershell Alliance,Inc Joint Intervention Petition.Files No Opposition to Petition & Requests Notice of Hearing Be Issued & Prehearing Conference Scheduled.Certificate of Svc Encl

ML19281A460
Person / Time
Site:	Waterford
Issue date:	02/13/1979
From:	Blake E SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 7903140351
Download: ML19281A460 (5)

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February 13, 1979 UNITED STATES OF MERICA NUCLEAR REGULATORY COMMISSION -%

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Before the Atomic Safety and Licensing Board , ([~ '

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In the Matter of )  !~

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^f LOUISIANA POWER & LIGHT COMPANY )

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(Waterford Steam Electric )

Station, Unit 3) ) ,- . #.'

APPLICANT'S ANSWER TO JOINT PETITION FOR LEAVE TO INTERVENE SUBMITTED BY SAVE OUR WETLANDS, INC.

AND OYSTERSHELL ALLIANCE, INC.

On January 2, 1979, the Nuclear Regulatory Commission (NRC) published in the Federal Register a Notice of " Receipt of Appli-cation for Facility Operating License; Availability of Applicant's Environmental Report; Consideration of Issuance of Facility Operating License; and Opportunity for Hearing." 44 Fed. Reg.

125. This Notice stated that the NRC, following completion of specified actions, will consider the issuance of an operating license to Louisiana Power & Light Company (Applicant) for the Waterford Steam Electric Station, Unit 3 (Waterford 3). The Notice provided that any person whose interest may be affected by the proceeding might file, by February 1, 1979, a petition for leave to intervene.

On January 29, 1979, two groups, Save Our Wetlands, Inc.

and Oystershell Alliance, Inc. (Joint Petitioners), filed jointly a petition for leave to intervene.

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The requirements for petitions for leave to intervene are set forth in 10 C.F.R. S 2.714 and were described in the NRC's January 2, 1979 Federal Register notice. A petition must set forth with particularity the petitioner's interest in the pro-ceeding, how that interest may be affected by the results of the proceeding, and the specific aspect or aspects of the sub-ject matter of the proceeding as to which the petitioner wishes to intervene. A petition should also address the nature of the petitioner's right under the Atomic Energy Act to be made a party, the nature and extent of the petitioner's interest in the proceed-ing, and the possible effect of any order which may be entered in the proceeding on petitioner's interest. Under recent revisions to 10 C.F.R. 5 2.714, 43 Fed. Reg. 17801 (April 26, 1978), a peti-tioner has until 15 days prior to the first prehearing conference to submit the contentions which it seeks to litigate if it is admitted as a party.

The Applicant does not object to the adequacy of Joint Peti-tioners' demonstration of their interest in this proceeding.

Additionally, some of the subject areas stated in the petition appear appropriate for specific contentions which must be identi-fied at least 15 days prior to the first prehearing conference.

Assuming Joint Petitioners advance within the subject areas they have identified, appropriate and specific contentions with ade-quate bases as required by the Commission's regulations, then Applicant would not oppose granting their request to intervene.

Accordingly, Applicant hereby requests that a Notice of Hearing be issued promptly and that a Special Prehearing Confer-ence now be scheduled to take place in about 60 days for the purpose of making a determination on the allowability of con-tentions and establishing a schedule for prehearing activiries including discovery.

Respectfully submitted, SHAW, PITTMAN, POTTS & TRCWBRIDGE

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Ernest L. Blake, Jr.

Counsel for Applicant 1900 M Street, N.N.

Washington, D.C. 20036 (202) 331-4100 Of Counsel W. Malcolm Stevenson Monroe & Lemann Whitney Building New Orleans, Louisiana 70130

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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LOUISIANA PCWER & LIGHT COMPANY ) Docket No. 50-282 (Waterford Steam Electric )

Station, Unit 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicant's Answer to Joint Petition for Leave to Intervene Submitted by Save Our Wetlands, Inc. and Oystershell Alliance, Inc." were served upon each of the persons listed on the attached Service List, by mailing copies, first class, postage prepaid, on this 13th day of February, 1979.

SHAW, PITT:W , POTTS & TROWBRIDGE By: 5:vl !.Blake, Ernest L.

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Counsel for Applicant

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382 (Waterford Steam Electric )

Station, Unit 3) )

SERVICE LIST Sheldon J. Wolfe Henry J. McGurren, Esquire U.S. Nuclear Regulatory Office of Executive Legal Commission Director Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Harry Foreman Lyman L. Jones; Jr.

Box 395, Mayo Gillespie & Jones University of Minnesota 910 Security Homestead Building Minneapolis, Minnesota 55455 4900 Veterans Memorial Boulevard Metairie, Louisiana 70002 Dr. Walter H. Jordan 881 West Outer Drive Luke B. Fontana Oak Ridge, Tennessee 37830 824 Esplanade Avenue New Orleans, Louisiana 70116 Chairman, Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Nashington, D.C. 20555 Chairman, Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555