ML19343A588

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Response in Support of State of Il 801029 Petition to Intervene If Hearing Held
ML19343A588
Person / Time
Site: Clinton  
Issue date: 11/18/1980
From: Karman M
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML19343A587 List:
References
ISSUANCES-OL, NUDOCS 8011190050
Download: ML19343A588 (1)


Text

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'O UNITED STATES OF AMERICA 11/18/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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ILLIN0IS POWER COMPANY, et al.

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Docket Nos. 50-401

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50-462 (Clinton Power Station, Units

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1 and 2)

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hRC STAFF ANSWER TO THE PETITION OF THE STATE OF ILLIN0IS TO INTERVENE PURSUANT TO 10 C.F.R. 5 2.715(c)

On September 29, 1980, the Nuclear Regulatory Commission published in the Federal Register (45 Fed. Reg. 64307) notice of opportunity for a hearing on the application for operating licenses for the Clinton Power Station, Units 1 and 2.

On October 29, 1980, the Attorney General of the State of Illinois filed a petition for leave to intervene pursuant to 10 C.F.R. 5 2.715(c).

in the event that a hearing is held to consider the application for operating licenses for the Clinton Power Station, Units 1 and 2, the Nuclear Regulatory Corrmission Staff would support the petition of the Attorney General and wuuld valcome its participation in the matter.

pectfully su it ed,

,M A4we(

Myr Karman Coutsel for NRC Staff Dated at Bethesda, Maryland this 18th day of November, 1980

  • / The Staff notes, however, that in an operating license proceeding, unlike a construction permit proceeding, a hearing is not mandatory and will not be convened in the absence of a finding by the Board of a bona fide inter-venor, an individual or entity who has filed a petition for leave to in-tervene pursuant to 10 C.F.R. 5 1.714 and satisfied the requirements of that section including the requirement of advancing at least one good contention.

See Houston Lighting and Power Company (South Texas Project,

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Units 1 and 2), ALAB-549, 9 NRC 644, 649; Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-183, 7 AEC 222, 226 n. 10.

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