ML19341A478
| ML19341A478 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 01/16/1981 |
| From: | Bernstein D SHAW, PITTMAN, POTTS & TROWBRIDGE, UNION ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8101230615 | |
| Download: ML19341A478 (5) | |
Text
l January 16, 1981 G
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 9-4
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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UNION ELECTRIC COMPANY
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Docket No. STN 50-483 OL
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(Callaway Plant, Unit 1)
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APPLICANT'S ANSWER TO THE REQUESTS FOR PARTICIPATION OF LOCAL GOVERNMENTAL.
REPRESENTATIVES AT HEARING d
3.
On November 14, 1980, the NRC issued " Clarification of Notice of Receipt of Application for Facility Operating Licenses; Notice of Consideration of Issuance of Facility Operating Licenses and Notice of Opportunity for Hearing."
See 45 Fed. Reg. 77208 (November 21, 1980).
This notice superseded an earlier notice of " Receipt of Application for Facility Operating Licenses; Consideration of Issuance of Facility Operating Licenses and Notice of Opportunity for Hearing," published at 45 Fed. Reg. 56956 (August 26, 1980).
The November notice provided, among other things, i
that by December 22, 1980, any person whose interest may be affected by this proceeding may file a petition for leave to intervene and request a hearing, in accordance with 10 C.F.R. Part 2, with respect to the application by Union Electric Company for a license to operate Callaway Plant, Unit 1.
Five separate but virtually identical requests ge]
6 for participation pursuant to 10 C.F.R. S 2.715(c) were
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P 1 a n o o(,tS
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filed en December 22, 1980.
On January 6, 1981, Applicant filed a Motion for Extension of Time in which to answer these petitions, which was orally granted by Chairman Gleason.
It is these five petitions to which Applicant now responds.
The five requests for participation were filed pursuant to 10 C.F.R. S 2.715(c).
That section of the Com-mission's Rules of Practice provides:
S 2.715 Participation by a person not a party (c)
The presiding officer will afford represen-tatives of an interested State, county, munici-pality, and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the Commission without requiring the represen-i tative to take a position with respect to the issue.
Such participants may also file proposed findings and exceptions pursuant to SS 2.754 m
and 2.762 and petitions for review by the commission pursuant to S 2.786.
The presiding officer may require such representative to indicate with reasonable specificity, in advance of the hearing, the subject matters on which he desires to participate.
In general, Applicant has no objections to the five requests for Section 2.715(c) participation.
- However, Applicant is not certain of the representative capacity of l
three of the petitioners, namely Presiding Judge Lottman, 1/
The requests were filed by Harold Lottman, Presiding Judge, 6asconade County, Missouri, Howard Steffen, Mayor, Chamois, Missouri, Samuel J. Birk, Mayor, Morrison, Missouri, Earl Brown, North Callaway R-1 School District Superintendent i
and Fred Luekey, Presiding Judge, Montgomery County, Missouri.
t i
. Presiding Judge Luekey, and School District Superintendent j
Brown.
Assuming that during the first prehearing conference these individuals can substantiate the nature of their represen-tstive authority, Applicant has no objections to their Section 2.715(c) participation.
In light of the number of non-party participants in this proceeding, Applicant proposes that during the first prehearing conference, those Section 2.715(c) representatives intending to participate actively in the hearing identify with reasonable specificity the subject matters on which they intend to participate so that the Board can consider consolidation, if appropriate.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE b& $. A LA~ 1& '4 Gerald Charnoff Thomas A. Baxter Deborah L. Bernstein Counsel for Applicant 1800 M Street, N.W.
Washington, D.C.
20036 (202) 331-4100 Dated:
January 16, 1981 i
i t
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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i UNION ELECTRIC CCMPANY
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Docket No. STN 50-483 OL
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(Callaway Plani, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Appli-cant's Answer to the Requests for Participation of Local Govern-mental RepresentatLves at Hearing" were served this 16th day of January, 1981, 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. Dright 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
1 Joseph E. Birk, Esquire Assistant to the General Cpunsel Union Electric Company P.O. Box 149 St. Louis, Missouri 63166 Treva J. Hearne, Esquire Assistant General Counsel Missouri Public Service Commission P.O. Box 360 Jefferson City, Missouri 65102 Mr. Harold Lottmann Route 1 Owensville, Missouri 65066 Mr. Howard Steffen Chamois, Missouri 65024 Mr. Samuel J. Birk P.O. Box 243 Morrison, Missouri 65061 Mr. Earl Brown P.O. Box 146 Auxvasse, Missouri 65231 Mr. Fred Luekey Rural Route Rhineland, Missouri 65069 Ms. Joan Botwinick 336 Portico Court Chesterfield, Missouri 63017 h M 1.A i Deborah L.
Bernstein i
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