ML19341A355
| ML19341A355 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 01/16/1981 |
| From: | Grossman H Atomic Safety and Licensing Board Panel |
| To: | Barnett P, Bier J, Johns S AFFILIATION NOT ASSIGNED |
| References | |
| ISSUANCES-OLA, NUDOCS 8101230091 | |
| Download: ML19341A355 (6) | |
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[.U UNITED STATES OF AMERICA N
NUCLEAR REGULATORY COMMISSION
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Atomic Safety and Licensing Board i.
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Herbert Grossman, Chairman N
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Dr. Oscar H. Paris Frederick Shon v.e 1.
E In the Matter of 7
Docket No. 155-OLA
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CONSUMERS POWER COMPANY
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(Spent Fuel Fool Expansion)
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(Big Rock Point Muclear Plant)
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January 16, 1981 MEMORANDUM AND ORDER (Concerning November, 1980 Petition to Intervene)
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On about November 24, 1980, the Licensing Board rec,eived an undated Petition for Leave to Intervene submitted by JoAnne Bier, Patrick Barnett and Shirley J. Johns, containing the caption in this proceeding, except for omitting after the docket number the three-letter designation "0LA", which signifies an operating license amendment proceeding, and the parenthetical "(Spent Fuel Pool Modification)", which further identifies the particular license amendment sought..
The Licensing Board members noted that JoAnne Bier was already a joint intervenor in this preceeding and that Shirley J. Johns had entered a limi.ted appearance at t.he special hearing conference held on December 5, 1979 (Tr. 34-37).
The petition raised six contentions, some of which had already been raised in this proceeding and others that were unconnected to the spent fuel pool modification.
None of the factors listed in 10 C.F.R
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. 5 2.714(a)(1) were discussed in the petition as would be required for an untimely petition.
No responses to the petition were filed by any, of the parties to this proceeding within the time limits prescribed by 10 C.F.R. $ 2.714(c) and nothing further was heard with regard to the petition.
On January 13, 1981, the Chairman called Staff Counsel Janice Moore, Esq., to ascertain the status of the petition to intervene.
Ms. Moore indicated that she had contacted the petitioners upon receiving that petition and had been informed by them that the
. petition was not directed towards intervention in this spent fuel pool modification proceeding but sought a separate hearing from the Commission with regard to the continued operation of the facility.
Presumably the petition was intended to be treated as a request for action under 10 C.F.R. $ 2.206 or as a direct request to the five-member Commission.
Ms. Moore further indicated that Licensee's counsel, Joseph Gallo, Esq., had been informed of the substance of Ms. Moore's conversation with the petitioners and, on the basis of a mutual understanding that the petition did not intend to request leave to intervene in this proceeding, had, like the Staff, not responded _to the petition.
On the basis of the foregoing discussion, the Board proposes to take no further action on this matter.
However, the parties and petitioners are given 15 days from service of this Memorandum and i
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3-Order to correct any misunderstanding the Board may have with regard to the purpose of the petition to intervene.
Because no addresses were given for the petitioners, service on them will be effe'eted through service on joint intervenors in this proceeding, of whom
. petitioner JoAnae Bier is a member.
ORDER For all of the foregoing reasons it is this 16th day of January 1981 ORDERED That any of the parties or November, 1980 petitioners who disagree with the Board's understanding and contend that the November, 1980 petition was intended as a petition to intervene in this proceeding shall have 15 days from the service of this Memorandum and Order to respond thereto.
FOR THE ATOMIC SAFETY AND LICENSING BOARD
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CONSt.'52RS POWER C015%hi
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Dc:ket 50. (s ) 50-155
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(Big Rock Point Suelear. Plan:)
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,r I hereby cer:ify tha: I have this day served the foregoing do:u.,en:(s) upon each person designa:ed or.-:he efficia' servi:e lis: ::= piled by the Office of :he Secre:arv, ef :he Cc: missien in :his p;cceedin-in e
accordance vi:h :he re:;uiremen:s of Sec':ica 2.712 cf 10 CyK Part 2-Rules of Pra:: ice, of the Nacicar ?e;ula::ry C:==issien's ?.ules and Kegula:icns.
Dated at Washington, D.C. this
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Of fic4 6f/ :he Secre':ary of :heA =ission l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter cf
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CONSUMERS POWER COMPANY
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Dccket No.(s) 50-155
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(Big Rock Point Plant)
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(Spent Fuel Expansion)
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SERVICE LIST Herbert Grossman, Esq., Chairman John A. Leithauser, Esq.
Atomic Safety and' Licensing' Board Energy Resources Group
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U.S. Nuclear Regulatory Coc=ission General Delivery Washington, D.C.
20555 Levering, Michigan 49755 Dr. Oscar H. Paris Mr. John O'Neill, II Atomic Safety and Licensing Board Route 2, Box 44 U.S. Nuclear Regulatory Co==ission Ibple City, Michigan 49664 Washington, D.C.
20555 Christa-Maria Mr. Frederick J. Shon Route 2, Box 103C Atomic Safety and Licensing Board Charlevoix, Michigan 49720 U.S. Nuclear Regulatory Co==ission Washington, D.C.
20555 lb. Barbara J. Godwin 306 Clinton Counsel for NRC Staff Charlevoix, Michigan 49720
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Office of the Executive Legal Director U.S. Nuclear Regulatory Con =1ssion Mr. Jim E. Mills Washington, D.C.
20555 Route 2, Box 108C Charlevoix, Michigan 49720 Judd L. Bacon, Esq.
Consumers Power Conpany Joseph Gallo, Esq.
212 West Michigan Avenue Isham, Lincoln & Beale Jackson, Michigan 49201 1120 Connecticut Avenue, N.W., Suite 325
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Washington, D.C.
20036 Consumers Power Company ATTN:
Mr. David A. Bixel Philip P. Steptoe, Esq.
Nuclear Licensing Coordinator Michael I. Miller, Esq.
212 West Michigan Avenue Isham, Lincoln & Beale Jackson, Mich'igan 49201 One First National Plaza, Suite 4200 Chicago, Illinois 60603 Karin P. Sheldon, Esq.
William S. Jordan, III, Esq.
Sheldon, Harmon and Weiss 1725 I Street, N.W., Suite 506 Washington, D.C.
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Board and parties continued: 155 1
Thomas S. Moore,'Esq., Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission
' Washington, D.C.
20555 Dr.' John,H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Christine N. Kohl, Esq.
Atomic Safety and Licensing Appeal Board
' U.S. Nuclear Regulatory _ Commission Washington, D.C.
20555:
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