ML19308B216

Joint Petition of Piedmont Cities Power Supply,Inc & 11 Piedmont Electric Cities for Leave to Intervene.Verification Encl

ML19308B216
Person / Time
Site:	Oconee
Issue date:	08/10/1967
From:	Harris J, Reeder S, Tally J PIEDMONT CITIES OF NORTH CAROLINA, PIEDMONT CITIES POWER SUPPLY, INC.
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19308B217	List: ML19308B216 ML19308B219 ML19308B222
References
NUDOCS 7912160130
Download: ML19308B216 (5)

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Before The y UNITED STATES ATOMIC ENERGY COMMISSION DOCKETS NOS. 50 - 26h 50 - 270, and 50 - 287 MATTER OF THE APPLICATION OF DUKE POWER COMPANY FOR LICENSES UNDER THE ATOMIC ENERGY ACT OF 1954 AS AMENDED FOR THE CONSTRUCTION AND OPERATION OF OCONEE NUCLEAR STATION, UNITS 1, 2 and 3 IOINT PETITION OF PIEDMONT CITIES POWER SUPPLY, INC., and ELEVEN PIEDMONT ELECTRIC CITIES FOR LEN/E TO INTERVENE Piedmont' Cities Power Supply, Inc.

City 'of Statesville, North Carolina ,

City of High Point, Noch Carolina I Ci:y of Lexington, Noch Carolina City of Monroe, North Carolina City of Shelby, Nor:h Carolina City of Albemarle, Nonh Carolina Town of Cornelius, Nor:h Carolina Town of Drexel, Nor:h Carolina Town of Granite Falls, Nor h Carolina Town of Newton, North Carolina .

Town of Lincoln:on, North Carolina l Icin: Peti:ioners for Leave to Intervene I

l Jack R. Harris J. O. Tally, Jr.

Spencer W. Reeder A::ctneys for Jcint Peti:ioners i for Leave to Intervene 7912160/3 o 6 l

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• i Before The UNITED STATES ATOMIC ENERGY COMMISSION DOCKETS NOS. 50 - 269, 50 - 270, and 50 - 287 MAT 3R OF THE APPLICATION OF DUKE POWER COMPANY FOR LICENSES UNDER THE ATOMIC ENERGY ACT OF 1954 AS AMENDED FOR THE CONSTRUCTION AND OPERATION OF OCONEE NUCLEAR STATION, UNITS 1, 2 and 3 ICINT PETITION OF PIEDMONT CITIES POWER SUPPLY, INC., and ELEVEN PIEDMONT ELECTRIC CITIES FOR LEAVE TO INTERVENE

1. The following named parties:

Piedmont Cities Power Supply, Inc.

City of Sta:esville, North Carolina City of High Point, North Carolina City of Lexing:on, North Carolina City of Monroe, Nenh Carolina City of Shelby, Nonh Carolina City of Albemarle, NochCarolina Town of Ccrnelius, Noch Carolina Town of Drexel, Nenh Carolina Town of Granite Falls, Nenh Carolina Town of New:en, Noch Carolina Town of Lincoln:on, Nonh Carolina in accordance w1:h Section 189 of the Atomic Energy Act of 1954, as amended, and Section 2.714 of the Commission's, Rules of Prac: ice hereby request a hearing and file writ:en petition to in:ervene so as to be admitted as parties with full right o file a mo: ion to dismiss for lack of jurisdiction, and should said motion be denied er ruling thereon postponed, to submi:

testimony, to cross-examinc witnesses, to file proposed findings, conclu-

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_ under Section 104(b) of the Atomic Energy Act of 1954 as amended, for the construction and operation of Oconee Nuclear Station, Units 1, 2 and 3, which is a " commercial" nuclear sta:icn, and which has been falsely labeled in :he application a research and development ac:isity.

3. Join: petitioners for leave to intervene oppose the application of Duke Power Company upon the ground that the A:cmic Energy Commission is without jurisdiction to gran::he research and developmen: licenses prayed for under Sec: ion 104 of the A:cmic Energy Act, for the reasons set for:hin the motion to dismiss, a true and correct copy of which is hereto attached, made part hereof, and incorporated herein as fully as though physically rewritten herein.

4. The interests of the join petitioners for leave to intervene will be adversely affected by Commission action unless said motion to dismiss for lack of jurisdiction is gran:ed for he reasons set forth in the said motion and Memorandum in Suppor cf Motion to Dismiss, a true and correct copy of which is here:o attached, made par: hereof, and incorpora:ed herein as fully as : hough physically rewritten herein.

5. Since this petition to intervene raises a::he outset an issue of jurisdiction which was not specified in the Commission's nc: ice of hearing, i: is respectfully requested that the order allowing intervention expressly provide for the hearing, argument, and decision of the joint petitioner's

=ction to dismiss for lack of jurisdiction, as :he first order of business at the hearing before the licensing board, now scheduled for Augus: 29, 1967, at Walhalla, South Carolina.

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WHEREFORE, joint petitioners for leave to intervene pray that : heir join: petition for leave to intervene be granted in all respects, as aforesaid.

Respec fully submitted, Piedmont Cities Power Supply, Inc.

City of Sta:esville, Ncrth Carolina City of High Point, North Carolina City of Lexington, North Carolina City of Monrce, Nor:h Carolina City of Shelby, North Carolina City of Albemarle, North Carolina .

1 Town of Cornelius, North Carolina Town of Granite Falls, North Carolina Town of Drexel, Nor:h Carolina Town of New on, North Carolina Town of Lincoln:cn, Nor:h Carolina By:

Jack R. Harris Suite 207 - Stimpson-Wagner Bldg- ,

Statesville, North Carolina

- J. O. Tally, Jr.

P. O. Drawer 1660 Fayetteville, Nor:h Carolina Spencer W. Reeder

, Spencer Building St. Michaels, Maryland Attorneys for Joint Pe itioners for Leave to Intervene Dated: August 10, 1967

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e VERIPICATION

• I STATE OP NORTH CAROLINA COUNTY OF IREDELL, SS:

Jack R. Harris, being firs: duly sworn, s:ates tha: he is an at:ctney duly admitted to the practice of law in the S:a:e of Ner:h Carolina; that he has been employed as Special Counsel by each and

, all of the Joint Petitioners for Leave :o Intervene herein; that he has read the foregoing document and knows the contents thereof; that he has subscribed and execu:ed said document as a duly authorized attorney for said Joint Petitionera that he has been duly authorized by each and all of the Joint Petitioners to file the aforesaid document; and that tiu contents thereof a s an correct .

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Jack RMarris Subscribed and sworn to before - , a Notary Public of the State of Ncrth Carolina, this /d dayof Augus:,1967.

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1% X .' .:w }D U-Notary Public at  ?-h w

.My commission expires:

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