ML20003A909

Answer to F Blaufuss 810127 Ltr.Opposes Intervention But Does Not Object to Limited Appearance Statement If Hearing Held.Certificate of Svc Encl

ML20003A909
Person / Time
Site:	Wolf Creek
Issue date:	02/06/1981
From:	Silberg J KANSAS GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8102100045
Download: ML20003A909 (5)

Text

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,f BEF E THE ATOMIC SAFETY AND LICENSING BOARD g 'Uf h2rrr6\" sup/

In the Matter of )

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i KANSAS GAS & ELECTRIC COMPANY ) Docket No. STN 50-482 et al. )

)

(Wolf Creek Generating )

Station, Unit No. 1) )

APPLICANTS' ANSWER TO LETTER FROM FRANCIS BLAUFUSS In a one-line letter

• dated January 27, 1981,U l Francis Blaufuss expressed a desire "to intervene in the li-censing of the Wolf Creek Atomic plant." Notwithstanding Mr. Blaufuss's use of the term " intervene," it appears to Applicants that his letter is a request to make a limited

)'

appearance pursuant to 10 C.F.R. @ 2.715(a) and not a petition for full intervenar status pursuant to 10 C.F.R. 8 2.714(a).

Ordinarily, generally worded letter requests from

! individuals asking that a hearing be held do not satisfy the requirements of 10 C.F.R. 5 2.714(a) for petition tc intervene. Maine Yankee Atomic Ponar Co. (Maine Yankee Atomic Power

• f The " Notice of Opportunity For Hearing," published in the Federal Register, required requests for hearing and petitions for leave to intervene to be filed no later than January.19, 1981; Mr. Blaufuss' petition is thus more than a week late, with no justification offered. Further, Mr. Blaufuss did not serve a copy of his letter on counsel for Applicants, despite the explicit instructions of the Federal Register notice.

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I Station), AEC " Memorandum and Order," 4 AEC 728, 731 (1971).

As provided in the notice of " Receipt of Application for Facility Operating License; Availability of Applicant's Environmental Report; Consideration of Issuance of Facility Operating License and Notice of Opportunity for Hearing,"

published at 45 Federal Register 83360 (December 18, 1980),

a petition for leave to intervene pursuant to 10 C.F.F.. 5 2.714 (a) must:

• set forth with particularity the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to intervene, with particular reference to the factors [ listed in the Federal Register notice] in paragraph (d) of this section, and the specific aspect or .

aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.

10 C.F.R. I 2.714 (emphasis supplied].

The Commission thus insists that a prospective intervenor articulate the basis of his interest clearly and, moreover, specify the focus of the desired hearing before the petitioner is entitled to be admitted to a proceeding. Kansas Gas & Electric i

Co. (Wolf Creek Generating Station, Unit No. 1) , ALAB-279, 1 NRC 559, 574 (1975). Mr, Blaufuss's belated one-line letter sta ting his desire "to intervene" in the Wolf Creek proceeding is wholly insufficient to satisfy the Commission's " interest" and " aspects" requirements for intervention petitions. In an operating license proceeding such as this -- unlike a construction

permit proceeding -- a hearing is not mandatory. There is, accordingly, especially strong reason in an operating license proceeding for the exercise of " utmost care" to ensure that petitions for intervention clearly demonstrate a "real stake" in the proceeding. Cincinnati Gas & Electric Co. (Zimmer Nuclear Power Station) , ALAB-305, 3 NRC 8, 12 (1976). Accord, Houston Lighting & Power Co. (Allens Creek Nuclear Generating Station, Unit 1) , ALAB-547, 9 NRC 644, 649 (1979).

Applicants therefore oppose the intervention of Mr. Blaufuss, but do not object to his limited appearance by oral or written statement on matters germane to the proceeding, if a hearing is held.

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

A L Ja E. SSTberg D lissa A. Ridgwap v i Cbunsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 Telephone: (202) 331-4100 Dated: Fehruary 6, 1981

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February 6, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

KANSAS GAS & ELECTRIC COMPANY ) Docket No. STN 50-482 et al. )

)

(Wolf Creek Generating )

Station, Unit No. 1) )

CERTIFICATE OF S3RVICE I hereby certify that copies of " Applicants' Answer To Letter from Francis Blaufuss" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 6th day of February, 1981.

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~ 'lDelissa A Ridgw(( ,( /

Dated: February 6, 1981 l

l l

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

)

KANSAS GAS & ELECTRIC COMPANY ) Docket No. STN 50-482 et al. )

)

(Wolf Creek Generating Station )

Unit No. 1) )

SERVICE LIST Francis Blaufuss Westphalia, Kansas 66093 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, O.C. 20555 James P. Gleason, Esquire 513 Gilmoure Drive Silver Spring, Maryland' 20901 Dr. George C. Anderson Department of Oceanography University of Washington Seattle, Washington 98195 Dr. J. Venn Leeds 10807 Atwell Houston, Texas 77096 0

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