ML19345B290
| ML19345B290 | |
| Person / Time | |
|---|---|
| Site: | Callaway |
| Issue date: | 11/18/1980 |
| From: | Jeffrey Reed AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8011280026 | |
| Download: ML19345B290 (4) | |
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BEFChi THE AT0"lC SAFETY a:;D LICENSI.':0 EdtD
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.5 JOHN REiD'S A'?S'AR 70 :lRC STAFF RESPC::SE, DATED
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10 NCVD2ER 1980, TO AENDED PETITIC; FCR ILTE
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I:TRCDUCTIC:i On 17 f!ovember 1980, the undersigned received the :?.C Staff response to his amended petition. The RC Staff directed its respense, in the main, to natitioner's contentiens; accepting cententiens nu.bers three and four as atissible in this proceeding. Cententien nutter 4
one was decced as requiring cdditional exp1mation before being considered as admissible. Contention number two was disallowed due to a deletion of paragraph (g) of 10 C.F.R. Section 50.33 at 34 FR 6036. Petitioner was afforded an opportunity to withdraw or refile this seconc centention.
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DISCUSSIC:I 4
Petitioner desires to address, at this time, the Staff response to contention number two and to submit his answer to the Staff respense to contention number one at a later date, but before fifteen days
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prior to tha first or cpecial prehearine, conference (10 CFR, Section 2.71L(b).
Mr. Reed's second contention was dicallowed by the SRC Staff becauce:
"10 CFR, Section 50 33(g) was deleted from the Cc rdssion's regulations at JA Fed. Recister 6036." (NRC Response, p. 8).
It is agreed that a paragraph (g) was deleted by the muthority quoted; however, at 45 FR 55402, a new paragraph (g) was added to 3ection 50.33 of the Cc =ission's regulations and printed en pnge 50-7 (Sept.19, '?C) of 10 CFR, Part 50. An exe:pt cuoted belcw:
"( g) If the application is for an operating license for a nuclear power reactor, the applicant shall submit radiological emergency pl;ns of State and local gcvernmental entities in the United States that are wnolly or partially within the plume expcsure pathway Emergency Planning Zone (Ep2), as well as the plans of State governments wholly or partially idthin tne ingestien -."
It was to this "new" paragraph (g) that Mr. Reed referenced in his second contentien. Petiticner requests NRC Counsel review his second contentien in light of this recent chaage to Cc =ission regulations and advise Mr. Reed of their findings. If the provisions of 45 Fd 55402 have been superseded, petitioner will withdraw thic centention.
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CONCLUSICN Petitioner has reviewed his second contention and feels that it has sufficient merit to stand without =cdificatio7, but will not contest findings of Staff Counsel in this matter.
Respectfully submitted, Dated at Kingdom Cf.ty, JCHN G. REED
'ussouri this 18th day Citizen of the United States of November,1980 of America e
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i CERTIFICATE C? SERVICE i
I hereby certify that copies of the foregoing "JCHN REED'S ANSWEP. TO A
NRC STAFF RESPCNSE, DATED 10 NOVEFSER 1930, TO AIE DED PETITICN FCR l
LEAVE TO E!TERVENE AND RE^UEST FCR A HEAarfG CF JCHN G. REED" in the i
i above-captioned proceeding have been served on the following by deposit i
in the United States mail, first class postage prepaid this J C day of November 1980:
i James P. Gleasen, Esq., Chair an Treva J. Hearne j
Atomic Safety and Licensing Board Asst. Gen. Counsel 513 Gilmoure Drive FJ.ssouri Public Service Cec ission Silver Spring, MD. 20901 P.O. Box 360 Jeffersen City, MO. 65101 Gerald Charnoff, Esq.
acmas A. Saxter, Esq.
Barbara Shull Deborah L. Bernstein Lenore Loeb Shaw, Pittman, Potts & Trewbridge League of Women Voters of >D.
1300 M Street, N.'d.
2138'doodson Road
'dashington, DC 20036 St. Louis, MO. 63114 s
Atc=ic Safety and Licensing Marjorie Reilly Soard Panel Energy Chair =an i
U.S. Nuclear Regulatory Commission League of "domen Voters of University Washington; D.C. 20555 City, W,
7C65 Pershing Avenue Docketing and Service Section University City, FD. 63130 Office of the Secretar7
.U.S. Nuclear Regulatory Commission Donald Bollinger, Member
'dashington, D.C. 20555 Misscurians for Safe Energy 6267 Delmar Soulevard Roy P. Lessy, Jr. Esquire University City, MO. 63130 Office of the Executive Legal Director U.S. Nuclear Regulatory Cc::. mission Kay Drey Washington, D.C. 20555 515 West Point Avenue University. City, MO. 63130 l
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Atomic Safety and Licensing Dan I. Solef Appeal Scard President, Board of Directors U.S. tiuclear ?egulatory Com:-Ission Coalitien for the Environment
'4ashington, D.C. 20555 St. Louis Region 6267 Delmar Eculevard Rose Levering, Member University City, F.C. 63130 Crawdad Alliance 7370a Dale A enue St. Louis,ID. 63117 f
'J ho n G. Reed Citizen of the 'Jnited States of America p4#.ge.
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