ML19347B381
| ML19347B381 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 10/07/1980 |
| From: | Baxter T, Charnoff G SHAW, PITTMAN, POTTS & TROWBRIDGE, UNION ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8010140541 | |
| Download: ML19347B381 (4) | |
Text
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Octobar 7, 1980 w
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UNITED STATES OF AMERICA Is NUCLEAR REGULATORY COMMISSION 3
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BEFOi1E THE ATOMIC SAFETY AND LICENSING BOARQEO ~g %
Ti,gs%>g"1 In the Matter of
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4 UNION ELECTRIC COMPANY
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Docket Nos. STN 50-4
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STN 50-486 (Callaway Plant, Units 1 and 2)
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APPLICANT'S ANSWER TO THE PETITIO" J THE PUBLIC SERVICE COMMISSION OF MIdSOURI TO PARTICIPATE AS THE REPRESENTATIVE OF AN INTERESTED STATE PURSUANT TO 10 C.F.R. S 2.715(c)
In response to the NRC's 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 Public Service Commission of Missouri ("the PSC") on Sep-tember 22, 1980, filed " Petition for Leave to Intervene as Representative of State Pursuant to Title 10 Section 2.715 (c) i Code of Rederal Regulations (CFR). "
The NRC's Rules of Practice, at 10 C.F.R.
S 2.715(c),
afford the representative of an interested state a reasonable opportunity to participate in NRC hearings, to introduce evi-dence, interrogate witnesses and advise the NRC without requiring the representative to take a position with respect to the issues.b[
Applicant Union' Electric Company has no objection to the parti-cipation of the PSC as the representative of an interested state, 1/
In contrast, participation as an intervening party requires the grant of a petition for leave to intervene which meets the requirements of 10 C.F.R. S 2.714.
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pursuant to the provisions of 10 C.F.R.
S 2. 715 (c), if a hearing i
is ordered as a result of the grant of a hearing request and peti-tion for leave to intervene under 10 C.F.R. S 2.714.
Applicant notes, however, that a request to participate under 10 C.F.R.
S 2.715(c) by itself is not an adequate basis upon which to con-i vene a hearing on an operating license application.
No hearing en an operating license application is required in the absence of a bona fide intervenor.
Houston Lighting and Power Company, et al. (South Texas Project, Units 1 and 2), ALAB-549, 9 N.R.C.
644, 649 (1979); Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-183, 7 A.E.C. 222, 226 n.10 (1974).
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE Y.
Gerald Charnoff Thomas A.
Baxter Counsel for Applicant 1800 M Street, N.W.
Washington, D.C.
20036 (202) 331-4100 Dated:
October 7, 1980 l
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4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
,i In the Matter of
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UNION ELECTRIC COMPANY
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Docket Nos. STN 50-483
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STN 50-486 (Callaway Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Appli-cant's Answer to the Petition of the Public Service Commission of Missouri to Participate a+ the Representative of an Interested i
State Pursuant to 10 C.F.R.
S 2.715(c)" were served this 7th day of October, 1980, by deposit in the U.S. mail, first class, postage prepaid, upon the following:
James P. Gleason, Esquire Chairman j
Atomic Safety and Licensing Board 513 Gilmoure Drive Silver Spring, Maryland 20901 Mr. Glenn O. Bright 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 i
U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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' Roy P. Lessy, Jr., Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Joseph E.
Birk, Esquire Assistant to the General Counsel 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 i
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Thomas A.
Saxter 1
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