ML19345G488

Response to Kenney 810316 Petition to Intervene.Applicants Offer No Objections on Grounds of Interest or Identification of Proceeding Aspects.Certificate of Svc & Supplemental Certificate of Svc Encl

ML19345G488
Person / Time
Site:	Perry
Issue date:	03/30/1981
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., DUQUESNE LIGHT CO., OHIO EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8104070366
Download: ML19345G488 (6)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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In the Matter of )

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THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY, ) 50-441 DUQUESNE LIGHT COMPANY, ) g , ; . y , '.

CHIO EDISON COMPANY, ) c; PENNSYLVANIA POWER COMPANY, and ) (Operating License) C / gf',;

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THE TOLEDO EDISON COMPANY ) ,/ r /\

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(Perry Nuclear Power Plant ) q ,,, ' >.; N,. % $; j.

Units 1 and 2) ) /

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APPLICANTS' RESPONSE TO KENNEY PETITION FOR LEAVE TO INTERVENE -Q v's'\

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I On March 16, 1981, Tod J. Kenney filed a " Petition For

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Leave To Intervene" in the above-captioned' proceeding.~

In accordance with the guidance provided by the Commission's Rules of Practice, at 10 C.F.R. 8 2.714 (a) (2) , Applicants '

response is confined to the adequacy of the petition from the standpoint of Mr. Kenney's showing of interest and.his identification of the aspect or aspects of the proceeding as l

to which intervention is sought.

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• / Mr. Kenney did not serve a copy of his petition on counsel Tor Applicants, despite the explicit instructions of the.

l Federal Register notice (46 Federal Register 12372-73).

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Mr. Kenney's petition alleges, inter alia, residence "within close proximity" of the facility and derivation of

" recreation, aesthetic benefit, retail and economic services and personal relationships" from the area. The l petition expresses interest in, inter alia, " environmental concerns" in general, the need for and alternatives to the l

facility, a monitoring program, "an evaluation of the full l

t operation of the facility including all aspects of the fuel cycle," and the emergency plans. Mr. Kenney's petition further expresses interest in "[e] stablishment of a system where the cost of the operation of (Perry] *** [is] clearly marked * *

• l l on the customer's bill" and inclusion in the license, if l

l issued, of "a Sunshine clause * *

• where the operation of the plant would be reviewed every five years."

The petition adequately sets forth Mr. Kenney's interest in the proceeding. Similarly, while certain specified areas of interest to Mr. Kenney are clearly beyond the scope"of this l proceeding, the petition describes sufficiently at least one aspect of the subject matter of the proceeding as to which he wishes to intervene. Accordingly, Applicants have no objection to the petition on grounds of interest or identification of aspects in the proceeding as to which Mr. Kenney wishes to intervene.

I Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: (

{jda E. Silberg

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Counsel for Applicants 1800 M Street, N.W.

l Washington, D.C. 20036 Dated: March 30, 1981 Telephone: (202) 822-1000

March 30, 1981 UNI.TED STATES OF AMERICA NUCLEAR REGUIATORY COMMISSION In the Matter of )

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THE CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, ) 50-441 DUQUESNE LIGHT COMPANY, )

OEIO EDISON COMPANY, ) (Operating License)

PENNSYLVANIA POWER COMPANY, and )

THE TOLEDO EDISON COMPANY )

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(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response To Kenney Petition For Leave To Intervene" were served upon those persons on the attached Service List by deposit in the United' States mail, postage prepaid, this 30th day of March, 1981.

/m y . Snberg

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Dated: March 30, 1981

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l In the Matter of )

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l THE CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, ) 50-441 DUQUESNE LIGHT COMPANY, )

l CHIO EDISON COMPANY, )

PENNSYLVANIA POWER COMPANY, and )

THE TOLEDO EDISON COMPANY )

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(Perry Nuclear Power Plant, )

Units 1 and 2) )

i SERVICE LIST Tod J. Kenney 31880 Creekside Drive

( Pepper Pike, Ohio 44124 Charles Barth,-Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l Peter A. Bloch, Chairman

! Atomic Safety and Licensing. Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l-L -Dr. Jerry R. Kline l Atomic Safety and Licensing Board Panel l

U.S. Nuclear Regulatory Commission Washington, D 20555 Mr. Frederick 3 hon Atomic Safety and. Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and .3ervice Section Office of the-!tecretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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THE CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, ) 50-441 DUQUESNE LIGHT COMPANY, )

OHIO EDISON COMPANY, ) (Operating License)

PENNSYLVANIA POWER COMPANY, and )

THE TOLEDO EDISON COMPANY )

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(Perry Nuclear Power Plant, )

Units 1 and 2) )

SUPPLEMENTAL CERTIFICATE OF SERVICE I hereby certify that a copy of " Applicants' Response To Petition of Lake County Board of Commissioners and Lake County Disaster Services Agency," served on other parties on March 27, 1981, was today served upon the Lake County Assistant Prosecuting Attorney at the address on the attached Service List, l and that this Certificate of Service is being served upon those l

persons on the attached Service List by deposit in the United States mail, postage prepaid, this 30th day of March, 1981.

i bA e. d6%h V 7Delissa B.. Ridg$ y f/

Dated: March 30, 1981 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l In the Matter of )

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THE CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY ) 50-441 DUQUESNE LIGHT COMPANY, )

! OHIO EDISON COMPANY, ) (Operating License)

PENNSYLVANIA POWER COMPA W , and )

THE TOLEDO EDISON COMPANY )

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(Perry Nuclear Power Plant, )

1 Units 1 and 2) )

SERVICE LIST Donald J. Ezzone, Esq.

Lake County Assistant l Prosecuting Attorney 105 Main Street Lake County Administration Center Fourth Floor l Painesville, Ohio 44077 Charles Barth, Esquire t Office of the Executive Legal Director

U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Peter B. Bloch, Chairman l Atomic Safety and' Licensing Board Panel

! U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kli.ne Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission

Washington, D.C. 20555 I

l Mr. Frederick J..Shon-Atomic Safety and Licensing Board Panel U.S.' Nuclear Regulatory Commission l Washington, D.C. 20555 l Docxeting and Service Section

! -Office of the Secretary U.S. Nuclear Regulatory Commission

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Washington, D.C. 20555 l

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