ML19296D045
| ML19296D045 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 02/22/1980 |
| From: | Rothschild M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Walsh E AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8002290286 | |
| Download: ML19296D045 (2) | |
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UNITED sTAi Es
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NUCLEAR REGULATORY COMMISSION
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February 22, 1980 Mrs. Elaine Walsh 33 Pheasant Trail Wilmington, IL 60481 In the Matter of General Electric Company (GE Morris Operation Spent Fuel Storage Facility)
Docket No. 70-1308 (Renewal of SNM-1265)
Dear Mrs. Walsh:
I am writing in reference tc your letter of February 7,1980, to the Atomic Safety and Licensing Board (Licensing Board) established to rule on petitions for leave to intervene and requests for hearing in this proceeding. A copy of your letter was recently transmitted to me.
In ycur letter you request pennission to read your contentions and bases at the prehearing conference to be held on February 29, 1980, with respect to the above proceeding.
You r letter also indicates that you desire to make a limited appearance pursuant to 10 CFR 9 2.715 at the prehearing conference.
It is not clear from your letter whether you seek to participate in this proceeding (1) as a party by filing a petition for leave to inte vene or (2) by making a limited appearance pursuant to 10 CFR Q 2.715.
Your earlier letter dated August 29,1979 (Attachment A) did not inquire as to rnethods of participating in this proceeding but solely requested infomation as to the dates of the prehearing conference and evidentiary hearing. As Mr. Shapar's response of September 26, 1979, to your inquiry (Attachment B) indicated, the notice of hearing issued by the Licensing Board on August 13, 1979, (Attachment C, which is included as an enclosure to his response) did not establish a date for either a prehearing conference or evidentiary hearings to be conducted in this proceeding. To assure that you would be advised of the dates of the prehearing conference and hearing, we requested that your name be added to the distribution list for the notices to be published in connection with the prehearing conference and hearing.
Subsequently, the Licensing Board established February 29, 1980, as the date for holding the prehearing conference in Morris, Illinois.
As the notice of hearing indicates, a notice was published in the Federal Register on April 25, 1979, which provided that any person whose interest may be affected by the GE license renewal application may file a petition for leave to intervene and request for hearing by May 25, 1979. Thus, the period for submitting petitions for leave to intervene has expired.
In the event that you wish to participate as a party in the hearing relating to the 800229 d %
Mrs. Elaine Walsh
- license renewal application for the GE Morris Operation, a petition for leave to. intervene must be filed which satisfies the requirenents of Title 10 of the Code of Federal Regulations (CFR) 5 2.714 with the presiding Licensing Board in the proceeding.
Since the period for subnitting petitions for leave to intervene has expired, any petition filed now would be considered an untimely petition under 10 CFR 5 2.714 and would not be entertained absent a detennination by the presiding Licensing Board that the petition should be granted, based on a balancing of the factors in 10 CFR s 2.714(a)(1),
(i)-(v) and 10 CFR 9 2.714(d).
If a person or onganization is admitted as a party to NRC proceedings, that person or organization may participate through presentation of testimony, cross-examination of the other parties' witnesses, and the filing of motions and any required pleadings in the proceeding.
Another method by which a member of the public may participate in Commission A
proceedings is by making a limited appearance pursuant to 10 CFR 2.715.
person making a limited appearance may make an oral or written statement of position on the issues in the proceeding. The presiding Licensing Board has broad discretion as to the receipt of limited appearance statements.
In practice, the presiding 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 The notice of hearing issued by the Licensing Board on August 13, s ta tements.
1979, describes the procedure to be followed by members of the public who wish to make limited appearance at the GE Morris Special Prehearing Conference.
I would further note that should you propose to have written material incor-porated in the record as part of your limited appearance statement, it would be helpful if you have on hand at that time extra copies of any such written material to give to the court reporter. About thirty copies should meet the reporter's needs.
Enclosed is a copy of 10 CFR Part 2, " Rules of Practice for Domestic Licensing Proceedings," which includes information regarding intervention and limited Appendix A of 10 CFR Part 2 explains in detail the P,ules of appea rances.
Practice in Part 2.
Sincerely, hp $4% 0 1 S.//
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Marjorie Ulman Rothschild Counsel for NRC Staff Enclosure and Attachments: As stated cc w/o enclosure and w/ Attachments:
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