ML19289D448

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Answers Request for Info Re Participation in Licensing Proceeding.Forwards Info.W/O Encl
ML19289D448
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 02/15/1979
From: Ulman M
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Fouke R
AFFILIATION NOT ASSIGNED
References
NUDOCS 7903060333
Download: ML19289D448 (2)


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SATreby HKS/TFE/ ESC NRC Central LPDR February 15. 1979 FF (2)

SBurwell-147-Phil RBaer-147-Phil RCleveland-P-530 Mr. Richard L. Fouke RB allard-P-530 1668-B Carter Drive E (2)

Arlington, Texas 76010 Chron In the Matter of Texas Utilities Generating Company, et al,.

(Comanche Peak Steam Electric Station, Units 1 and 2)

Docket Nos. 50-445 and 50-446

Dear Mr. Fouke:

I am writing in reference to your letter requesting information concerning the schedule for the Cenche Peak operating license proceeding and the requirements for intervention and other types of par:icipation in these pro-coeding. We regret the delay in responding to your letter.

At this time, a schedule has not been established for any hearings which may be held ral= Hag to the application for operating licenses for the Comanche Peak facility. However, arrangements will be made for you to t eceive any future G msnission notices inAir=Hng the time and place for any hearings and paehearing conferences for the Comanche Peak operating license application.

On February 5,1979, a notice was published in the Federal' Register which is a combined ' Notice d Considaration of Issuance of Facility Operating Licenses, Notice of Availability of Environmental Report, and Notice d Opportunity For Hearing.' The notice provides that any person whose interest may be affected by this proceeding and who desires to participate as a party may file a request for a public hearing in the form d a petition for leave to intervene pursuant to the regulations d the Com-scission in Title 16 d the Code of Federal Regulations, section 2.714 (cited as 10 CFR $ 2.714). As is stated in the Federal Register notice, a petition for leave to intervene must be filed by March 5,1979. If a person is admitted as a party to NRC proceedings, that person may participate through p. : station of testimony, cross-examination of the other parties' witnesses, and '_he filing of motions and any required pleadings in the pr~ #ng.

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e Another method by which a member of the public may participate in Commission proceedings is by making a limited appearance pursuant to 10 CFR S 2.715. A person making a limited appearance may make an oral or written statement of position on the issue., in the proceeding.

The presiding Atomic Safety and Licensing Board has broad discretion as to the receipt of limited appearance statements. In practice, the pre-siding officer usually inquires early on the first day of the hearing or the initial prehearing conference in the proceeding whether there are any individuals in attendance who wish to make limited appearance statements.

Enclosed for your information is a copy of the February 5,1979 Federal Register notice and 10 CPR Part 2 ' Rules of Practice fer Domestic Licensing Proceedings' which includes information regardir g intervention and limited appearances. Appendix A of 10 CFR Part 2 expl:. ins in detail the Rules of Practice in Part 2.

Sincerely, t'

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&larjorie B. Ulman Counsel for NRC Staff

Enclosures:

As stated cc w/o encl: Service List OM ogigyy oer.c.,

AfUlman: as SATreby ev a..,

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