ML19339B850

Response Stating No Objection to Jg Reed 801023 Amended Petition to Intervene Demonstrating Standing.Reserves Right to Contest 801023 Outlined Contentions.Certificate of Svc Encl

ML19339B850
Person / Time
Site:	Callaway
Issue date:	11/05/1980
From:	Baxter T, Bernstein D, Charnoff G SHAW, PITTMAN, POTTS & TROWBRIDGE, UNION ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8011100283
Download: ML19339B850 (5)

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Nov mbor 5, 19

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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In th'e Matter of ) 4

) 9 UNION ELECTRIC COMPANY \

Docket Nos. STN 50-483N

) STN 50-4868 (Callaway Plant, Units 1 and 2) ) 7 r[:-

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R E-APPLICANT'S ANSWER TO THE OCTOBER 23, 1980  ?!

AMENDED PETITION FOR LEAVE TO INTERVENE AND $ N 75 REQUEST FOR A HEARING FILED BY JOHN G. REED 's' N E In response to the NRC's notice of Receipt of Applica-tion for Facility Operating Licenses, Consideration of Issuance of Facility Operating Licenses, and Notice of Opportunity for Hearing, published at 45 Fed. Reg. 46956 (August 26, 1980),

a number of pleadings have been filed by John G. Reed of Kingdom City, Missouri. This Answer responds to the most recently filed Amended Petition for Leave to Intervene and Requr2st for a Hearing, served by Mr. Reed on October 23, 1980.

On September 10, 1980, an undated " Petition" by John G. Reed was docketed by the Docketing and Service Branch of the Office of the Secretary. On S(ptember 25, 1980, Applicant responded to this Petition, stating that it should be denied because the Petition did not request a hearing, or address Mr. Reed's personal interest in the proceeding and how that interest may be affected by the results thereof. See 10 C.F.R.

S 2.714.

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l On September 22, 1980, Mr. Reed filed a " Petition for 1

Leave to Intervene," docketed by the Docketing and Service Branch

! on September 30, 1980. Ia. addition, on October 1, 1980, Mr. Reed

, . filed a pleading entitled, " Petitioner's Reply to Applicant's l Answer, Dated 25 September 1980," in which Mr. Reed stated that i J

he did not contest tha issue of failure of his first petition, 1 as well as his September 22, 1980 petition, to meet the require-ments of 10 C.F.R. S 2.714. This acknowledgement essentially was repeated in an October 2, 1980 filing by Mr. Reed, entitled,

" Petitioner Reply to the Response of the NRC Staff to Petition

! Filed by John G. Reed." On October 14, 1980, Applicant filed an Answer to the Petition of John G. Reed for Leave to Intervene in which Applicant concurred with Mr. Reed's conclusion that his filings, to date, did not meet the requirements of 10 C.F.R.

S 2.714, and that intervention should not be granted.

On October 23, 1980, Mr. Reed served a petition entitled,

" Amended Petition for Leave to Intervene and Request for a Hearing."

It is this petition to which Applicant's answer is directed.

On the basis of Mr. Reed's October 23, 1980 Amended Petition, Applicant believes Mr. Reed adequately has demonstrated his standing to take part in this proceeding. However, in light of Mr. Reed's right to amend proposed contentions up to fifteen i days prior to the first (or special) prehearing conference, i Applicant reserves its right to contest the admissibility of the contentions outlined by Mr. Reed in the October 23, 1980 Amended Petition. [ee 10 C.F.R. S 2. 714 (b) . Applicant notes 1

-3 that without "at least one contention advanced in the petition which, on its face, raises an issue clearly open to adjudication in the proceeding," a hearing is not triggered, and Mr. Reed's standing to intervese is moot. Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-183, 7 A.E.C. 222, 226 n.10 (1974).

Respectfully submitted, SHAW, PlTTMAN, POTTS & TROWBRIDGE

. ((8t Gerald Charnoff Thomas A. Baxter Deborah L. Bernstein Counsel for Applicant 1800 M Street, N.W.

Washington, D.C. 20036 (202) 331-4100 Dated: November 5, 1980 i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l l

In the Matter of )

)

i UNION ELECTRIC COMPANY ) Docket Nos. STN 50-483

) STN 50-486 (Callaway Plant, Units 1 and 2) )

CERTIFICATE OF SERVICL I hereby certify that copies of the foregoing "Appli-cant's Answer to the October 22, 1980 Amended Petition for Leave i

to Intervene and Request for a Hearing Filed by John G. Reed" were served this 5th day of November, 1980, by deposit in the U.S. mail, first class, postage prepaid, upon the following:

James P. Gleason, Esquire Chairman Atomic Safety and Licensing Board 513 Gilmoure Drive Silver Spring, Maryland 20901 Mr. Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Roy P. Lessy, Jr., Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

1 2-Joseph E. Birk, Esquire Assistant to the General Counsel Union Electric Company P.O. Box 149 St. Louis, Missouri 63166 Mr. John G. Reed i Route 1 l Kingdom City, Missouri 65262 e 4 Deborah L. Bernstein t

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