ML19326B092

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Response to RO Taylor 730507 Request to Petition to Intervene in Facility Proceedings.Petition Should Be Denied If Considered as Response to AEC 730630 Notice of Hearing Re OL Issuance.Certificate of Svc Encl
ML19326B092
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 05/22/1973
From: Scinto J
US ATOMIC ENERGY COMMISSION (AEC)
To:
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19326B089 List:
References
NUDOCS 8003060864
Download: ML19326B092 (4)


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UflITED STATES OF AMERICA ATOMIC EllERGY COMMISSION 5/22/73 In the Matter of

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THE TOLEDO EDIS0N COMPANY AND THE

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CLEVELAND ELECTRIC ILLUMINATING

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Docket No. 50-346 COMPANY (Davis-Besse Nuclear Power Station)

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AEC REGULATORY STAFF'S RESFONSE TO THE CORRESPONDENCE FROM RUSSELL 0. TAYLOR On April 30, 1973, the Commission published in the Federal Register a Notice entitled " Receipt and Consideration of Issuance of Facility, License; Oppor-tunity for Hearing" (38 F.R.10661), relating to the consideration of the issuance of a facility operating license by the Commission for the cap:

tiened facility.

It provided that any petitions for leave to intervene must be filed with the.0ffice of the Secr' tary of the Commission on or e

before May 30, 1973.

On May 9,1973, the Secretary of the Commission received a letter from Mr.

Russell 0. Taylor dated May 7,1973, " requesting a petition for leave to intervene with respect to the Davis-Besse Nuclear Power Plant...."

The letter does not indicate whether Mr. Taylor is requesting that a hearing be held and that he be given leave to intervene, or whether he is requesting an appropriate form to be completed by him on which he might petition for leave to intersene.

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o If it is considered a petition for leave to intervene in response to the April 30,1973 Notice, the petition should be denied because of its failure to comply with the requirements for such petitions set forth in 10 CFR 2.714.

However, under the circumstances of this matter and in view of the fact that Mr. Taylor would not have a reasonable time to resubmit a timely amended petition on or before May 30, 1973, as specified in the Notice, the staff would not object on the grounds of untimeliness, if an amended petition otherwise fully complying with the requirements of 10 CFR 2.714, is filed within thirty days from the date of th4s response.

The staff would not object to Mr. Taylor's participation by way of a limited appearance, in accordance with 10 CFR 2.715, at the hearing, if any is held pursuant to the April 30, 1973 No tice.

Respectfully submitted, j/'

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Joseph F. Scinttr' I

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b Counsel for AEC Regulato[/ Staff

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Dated at Bethesda, Maryland, this 22d day of May, 1973.

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of

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TOLEDO EDISON COMPANY AEU THE

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CLEVELAND ELECTRIC ILLUMINATING

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Docket No. 50-346 COMPANY

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(Davis-Besse Nuclear Power Station)

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CERTIFICATE OF SERVICE i

i I hereby certify that copies of "AEC Regulatory Staff's Response to the Correspondence from Russell 0. Taylor," in the ' captioned matter, have been served on the following by deposit in the United States mail, first class or air mail, this 22d day of May,1973:

John B. Farmakides, Esq., Chairman Dr. Harry Foreman, Director Atomic Safety and Licensing Center for Population Studies Board University of Minnescta U.S. Atomic Energy Commission Minneapolis, Minnesota 55455 Washington, D.C.

20545 Mr. Russell 0. Taylor Dr. Cadet H. Hand, Jr., Director 2033 Cedar Point Road Bodega Marine Laboratory Sandusky, Ohio 44870 University cf California P.O. Box 247 Bodega Bay, California 94923 Gerald Charnoff, Esq.

Shaw, Pittman, Potts & Trowbridge Mr. Frederick J. Shon 91017th Street, N.W.

Atomic Safety and Licensing Washington, D.C.

20006 Board U.S. Atomic Energy Commission Atomic Safety and Licensing Washington, D.C.

20545 Appeal Board U.S. Atomic Energy Commission Joseph F. Tubridy, Esq.

Washington, D.C.,20545 4100 Cathedral Avenue, N.W.

Washington, D.C.

20016 Atomic Safety and Licensing Board Panel U.S. Atomic Energy Commission Washington, D.C.

20545

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Mr. Frank W. Karas Chief. Public Proceedings Staff Office of the Secretary of the Commission U.S. Atomic Energy Commission Washington, D.C.

20545

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Wirtston M. Haythe '

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Counsel for AEC RegulatPy aff 1

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