ML19329D329
| ML19329D329 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/02/1972 |
| From: | Mccool W US ATOMIC ENERGY COMMISSION (AEC) |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8003050665 | |
| Download: ML19329D329 (4) | |
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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION a
COMMISS10f:ERS:
James R. Schlesinger, Chairman James T. Ramey Wilfrid E. Johnson Clarence E. Larson William O. Doub
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in the Matter of
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THE TOLEDO EDISON COMPANY AND
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THE CLEVELAND ELECTRIC ILLUMINATING COMPANY )
DOCKET NUMBER 50-346
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1 (Davis-Besse Nuclear Power Station)
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MEMORANDUM AND ORDER On April 21, 1972, The Toledo Edison Company and The Cleveland Electric liluminating Company (licensees) filed a motion requesting the Commission to amend its Memorandum and Order and Notice of Hearing dated April 12,,
1972. The motion requests the Commission "to require a factual demon-stration that Coalition and LIFE are in existence, that there is adequate authority to represent their purported membership, that they have actually suffered an injury, and a particularization of the matters they ~ seek to controvert in the forthcoming proceeding." The regulatory staff and the intervenors have replied.
Under 10 CFR 52 730, all motions shall be addressed to the presiding Atomic Safety and Licensing Board in a proceeding which is pending before it.
Thus, although addressed to the Commission, the motion should be before the Licensing Board.
In view, however, of the necessity for l
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a expedited action to comply with the requirements laid down by the Court of Appeals in Coalition for Safe Nuclear Power v. U.S.A.E.C.,
D.C. Cir., No. 71-1396, we will consider that question directly without consuming additional time by directing certification to us.
We read the above decision of the Court of Appeals as authorizing Coalition and LIFE to be parties to the show-cause proceeding. Accord-ingly, the licensees' motion in that regard is denied.
The IIcensees' request that Coalition and LIFE particularize the matters they seek to controvert in the forthcoming proceeding is entirely appropriate for consideration by the Licensing Board.
We have emphasized on several occasions the importance of establishing, on as timely a basis as possible, a clear and particularized identification of those matters which are in controversy. This is especially significant where, as here, the proceeding must be conducted with utmost expedition.
W'e have no doubt that the Licensing Board will direct such particularization.
UNITED STATES ATOMIC ENERGY COMMISSION By-W. B. McCool Secretary of the Commission Dated at Germantown, Maryland this 2nd day of May
, 1972.
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r UNITED STATES OF A! ERICA A'IOMIC ENERGY COMMISSION In the Matter of
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THE TOLEDO EDISON COMPANY, ET AL.
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Docket No. 50-346 (Davis-Besse Nuclear Power Station
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Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the Commission MEMORANDUM AND ORDER issueo May 2, 1972 in the captioned matter have been served on the following by deposit in the United States mail, first class or air mail, this 2nd day of May 1972:
Jerome Carfinkel, Esq., Chairman Leslie Henry, Esq.
Atomic Safety and Licensing Board Fuller, Seney, Henry & Hodge U. S. Atomic Energy Commission 800 Ovens-Illinois Building Washington, D. C. 20545 405 Madison Avenue Toledo, Ohio 43604 Dr. Emmeth A. Luebke 610 Foxen Drive Mr. Glenn J. Sampson, Vice Santa Barbara, California 93105 President, Power The Toledo Edison Company Dr. John R. Lyman 420 Madison Avenue Department of Environmental Toledo, Ohio 43601 Sciences and Engineering University of North Carolina Russell Z. Baron, Esq.
Chapel Hill, North Carolina 27514 Brannon, Ticktin, Baron
& Mancini Donald H. Hauser, Esq.
930 Keith Building The Cleveland Electric Cleveland, Ohio 44115 Illuminating Company P. O. Box 5000 James L. Knight, Esq.
Cleveland, Ohio 44101 633 National Bank Building Toledo, Ohio 4 604 3
Joseph Scinto, Esq.
Regulatory Staff Counsel Mrs. Evelyn Stebbins, Chairman U. S. Atomic Energy Commission Coalition for Safe Nuclear Power Washington, D. C. 20545 705 Elmwood Road Rocky River, Ohio 44116 Gerald Charnoff, Esq.
Shaw, Pittman, Potts & Trowbridge Mr. Glenn H. Lau 910 17th Street, N. W.
Rt.1, Box 126 Washington, D. C. 20006 Oak Harbor, Ohio 43449 I
i pure 2 e
I 50-346 Jerome G. Kalur, Ecq.
Jamison, Ulrich, Burkhalter Miss Vicki Evans
& Hesser 1425 Nation l City Bank L.I.F.E.
a Box 15, University Hall Bowling Green State University Cleveland, Ohio h4114 Building 4
Bowling Green, Ohio 43 03 Beatrice K. Bleicher, Esq.Coburn, Smith, Rohrbacher & Gibso 7th Floor, Toledo Trust Building Toledo, Ohio h3 04 6
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.L ommission Uffic.i of the Secretary of th Mr. Garfinkel ec:
Mr. Scinto ASLEP V. Wilson Reg. Files
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