ML19312C352
| ML19312C352 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 09/15/1967 |
| From: | Mccool W Atomic Safety and Licensing Board Panel |
| To: | Ramey J, Seaborg G, Tape G US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 7912130883 | |
| Download: ML19312C352 (5) | |
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& oj AE&$ /S2/q UNITED STATES OF AMERICA s >
ATOMIC ENERGY COMMISSION COMMISSIONERS:
Glenn T. Seaborg, Chairman James T. Ramey Gerald F. Tape Wilfrid E. Johnson
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In the Matter of
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DUKE POWER COMPAIN
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DOCKET NOS. 50-269
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50-270 (Oconce Nuclear Station
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50-287 Units 1, 2 and 3)
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ORDER The atomic safety and licensing board, by an order issued on August 28, 1967, granted intervention as parties in this proceeding to eleven cities and towns in North Carolina.
By the same order, the board denied intervention to Piedmont Cities Poweb Supply, Inc., a North Carolina corporation. The petition for leave to intervene, which was jointly filed by all twelve petitioners, asserted opposition to the application upon the ground that the Atomic Energy Commission is without jurisdiction to grant the licenses sought under Section 104 of the Atomic Energy Act.
The regulatory staff has moved that we direct the board to certify to us the question of whether the petition to intervene should be granted.
Piedmont Cities Pover Supply, Inc., has separately moved that we direct l
certification of, and reverse, the board's denial of. intervention to that i
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. petitioner. Both motions are denied without prejudice to the filing of appropriate exceptions following the issuance of the board's initial decision.
The subject motions, irrespective of their characterization by the movants, are in effect interlocutory appeals from rulings of the board, and our regulations expressly provide that no interlocutory appeal may be taken to the Commission from a ruling of the presiding officer.
10 CFR Section 2.730(f); see also, Matter of Power Reactor Development Company, 1 AEC 16. While the cited section of our regulations permits a board, in specified circumstances, to refer a ruling to the Commission for decision, the board has not donc so with regard to the subject rulings. Further, the board has not certified the intervention question to us for our deter-mination ar.d we have not directed such certification on our own initiative.
10 CFR Section 2.718(t).
Tb.' movants may, of course, contest the board's intervention rulings in the manner contemplated by our regulations. Following issuance of the board's initial decision, they may raise their intervention contentions by appropriate exceptions filed in accordance with 10 CFR Part 2, and our action today is without prejudice thereto, t
We note that the joint petition to intervene filed by the twelve petitic.ners had as a premise for seeking. intervention the jurisdictional contentions raised in their companion motion' to dismiss the application. Our Memorandum and Order of September 8,1967, responding to the board's referral
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.... of its jurisdictional rulings, held, among other things, that the licensing of facilities of the type covered by this application could properly be considered under Section 104 b. of the Act.
We would additionally note for future guidance that 10 CFR Section 2.730(a) requires that when a proceeding is pending before a presiding officer all motions shall be addressed to the presiding officer.
It is therefore ORDERED, that the subject motions by the regula' tory i
staff and by Piedmont Cities Power Supply, Inc., are denied without prejudice to the filing of appropriate exceptions in accordance with 10 CFR Part 2 following the issuance of the board's initial decision.
Dated: September 15, 1967 By the Commission.
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~ W. B. McCool' Secretary 1
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UNITED STATES OF AMERICA.
ATCHIC ENERGY CCNMISSION In the Matter of Docket Nos. 50-269 50-270 DUKE POWF2 CCHPANY (Oconee Nuclear Station 50-287 Units 1, 2 and 3)
CERTIFICATE OF SERVICE I hereby certify that copies of an ORDER issued by the Comission on September 15, 1967 have been served on the following by deposit in the United States Mail, first class or air mail, this fifteenth day o't September, 1967:
Samuel W. Jensch, Esq., Chairman Mr. William S. Lee.
Atomic Safety and Licensing Board Vice President, Engineering U. S. Atomic Ener6y Comission Duke Power Company 1
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Washington, D. C.
20545 General Office Charlotte, North Carolina 26201 Dr. John Henry Buck Vice President as General Manager Honorable Robert McNair Instruments Division Governor, State of South Carolina The Budd Company State House Box 245 Columbia, South Carolina 29201 Phoenixville, Pennsylvania 19560 Harry M. Lightsey, Jr., Esq.
Dr. Hugh C. Paxton Assistant Attorney General Los Alamos Scientific Laboratory State of South Carolina Los Alamos, New Mexico 87544 1213 Lady Street Columbia, South Carolina 29201 Dr. Clarke Williams Brookhaven National Laboratory Dr. E. Kenneth Aycock Upton, L.
I., New York 11973.
State Health Officer State Board of Health Thomas F. Engelhardt, Esq.
J. Marion Sims Building Robert E. Turtz, Esq.
Columbia, South Carolina 29201 Regulatory Staff U. S. Atomic Energy Commission Mr. W. T. Linton Washington, D. C.
20545 Executive Director of Pollution Control Authority William H. Grigg, Ecq.
State Board of Health Assistant General Counsel Columbia, South Carolina 29201 Duke Power Company h22 South Church Street Mr. William F. Ponder Charlotte, North Carolina 28201 Commissioner Depe.rtment of Labor Roy B. Snapp, Esq.
1416 Senate Street 1725 K Street, N. W.
P. O. Box 1137 Suite 512 Columbia, South Carolina 29201 Washingto n, D. C.
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_ Mr. Henry C. Schultze, Director Jack R. Harris, Esq.
Development Research Center Suite 207 - Sti=pson-Wagner Building State Development Borati Statesville, North Carolina 28677 P. O. Box 927 Columbia, South Carolina 29201-J. O. Tally, Jr., Esq.
P. O. Drawer 1660 Honorable Daniel K. Moore Fayetteville, North Carolina 28302 Governor, State of North Carolina State Capitol Carl Horn, Jr., Esq.,
Raleigh, North Carolina 27601 422 South Church Street Charlotte, North Carolina 28200 Spencer W. Reeder, Esq.
Spencer Building St. Michaels, haryland 21663
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,0ffice of the Secretary.
1, cc: S. W. Jensch T. F. Engelhardt A. A. Wells H. Steele H. I. Smith /
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