ML20003D266

Reply to T Paul,R Jobe & M Hall & H Fenn,R Hudgens & T Thornton Petitions to Intervene.Util Objects to ASLB Considerations of Petitions for Lack of Proper Svc.Petitions Should Be Denied If Considered.Certificate of Svc Encl

ML20003D266
Person / Time
Site:	Browns Ferry
Issue date:	03/13/1981
From:	Burger J, Bustion D, Sanger H, Wallace L TENNESSEE VALLEY AUTHORITY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8103260121
Download: ML20003D266 (5)

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- h@ \ g@g,m? y' g, d C' UNITED STATES OF AMERICA  %((gi48 d d NUCLEAR REGULATORY COMMISSION 3 p

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD PANEL In the Matter of )

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TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-259

) 50-260 (Browns Ferry Nuclear Plant ) 50-296 Unit Nos. 1, 2, 3) )

APPLICANT TENNESSEE VALLEY AUTHORITY'S REPLY TO UNSERVED PETITIONS FOR LEAVE TO INTERVENE AND REQUESTS FOR A HEARING AND OBJECTION TO THE FAILURE OF CERTAIN PETITIONERS TO SERVE PLEADINGS The Tennessee Valley Authority (TVA) has applied for amendments to the operating licenses of its Browns Ferry Nuclear Plant. The Nuclear Regulatory Commission (NRC) published in the Federal Register or.

December 11, 1980 (45 Fed. Reg. 81,697), a notice of the proposed amendment of facility operating license Nos. DPR-33, DPR-52, and DPR-68. The amendments would permit TVA to store low-level radioactive wastes onsite for up to five years. Copies of four identical petitions for leave to intervene and requests for a hearing were tiraly served on TVA. On January 27, 1981, TVA filed m

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its reply which argued that these timely filed petitions should be denied.

A fifth petition, signed by Thomas Paul, Richard Jobe, and Marjorie Hall and identical to the first four, was not served on TVA but was attached to the NRC staff's January 28, 1981, response. In addition, according to the second response filed by the staff on February 23, 1981, a sixth petition,1 reportedly also identical to the others, was received at NRC headquarters on February 2, 1981, 21 days after the January 12, 1981, deadline for filing such petitions and requests. The December 11, 1980, notice specified that persons seeking to intervene or requesting a hearing must serve such requests on TVA's General Counsel.

As of March 13, 1981, neither the Paul-Jobe-Hall nor the Fenn-Hudgens-Thornton petitions have been served on TVA and, absent proof of . proper service, TVA objects to the Board's consideration of these petitions.

1 The sixth petition was reportedly signed by Hollis Fenn, Rebecca Hudgens, and Tom Thornton 7

2

Finally, even if the Paul-Jobe-Ilall and Fenn-Hudgins-Thornton petitions are accepted, all six should be denied for the reasons given in TVA's January 27, 1981, reply to the four petitions which were timely served on TVA.

Respectfully submitted, hW '

llerbert S. Sanger, Jrf ob' General Counsel Tennessee Valley Authority Knoxville, Tennessee 37902 Telephone No. 615-632-2241 FTS No. 856-2241 hi+4 E. wom -

Lewis E. Wallace Deputy General Counsel ames F. Burger b%/

//

Donald R. Bustion 11 Attorneys for Tennessee Valley Authority Knoxville, Tennessee March 13, 1981

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! UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD PANEL In the Matter of )

)

TENNESSEE VALLEY AUTHORITY ) Docket Nos. 50-259

) 50-260 (Browns Ferry Nuclear Plant ) 50-296 Unit Nos. i, 2, 3) )

CERTIFICATE OF SERVICE I hereby certify that I have served the original and 20 conformed copies of the following document on the Nuclear Regulatory Commission by depositing them in the United States mail, postage-prepaid and addressed to

. Secretary, U.S. Nuclear Regulatory Commission, Washington, DC .20555, Attention: Docketing and Services Branch:

, Applicant Tennessee Valley Authority's Reply to' Unserved Petitions for Leave to Intervene and Requests for a Hearing and Objection to the Failure of Certain Petitioners to Serve Pleadings and that-I have served a copy of the above document upon the persons listed below:by depositing them in the United States mail, postage prepaid and addressed:

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United States Nuclear Ms. Marjorie L. Hall Regulatory Commission 1134 Halsey Avenue Executive Legal Director Huntsville, Alabama 35801 Washington, DC 20555 Mr. Noel M. Beck Ms. Debbie Havas 426 North Wood 517 0'Shaughnessy Florence, Alabama 35630 Huntsville, Alabama 35801 Mr. Robert W. Beck Ms. Rebecca Hudgins P.O. Box K 1726 McCullough Avenue, NE Florence, Alabama 35631 Huntsville, Alabama 35801 Mr. Gregory Brough Mr. Richard W. Jobe 1726 McCollough Avenue 1134 Halsey Avenue Huntsville, Alabama 35801 Huntsville, Alabama 35801 Ms. Alice N. Colcock Ms. Betty L. Martin 305 Mitchell Court Route 1, Box 949 Sheffield, Alabama 35660 Sheffield, Alabama 35660 Mr. David R. Curott Mr. John R. Martin 1201 Ingleside Route 1, Box 949 Florence, Alabama 35630 Sheffield, Alabama 35660 Ms. Uvonna J. Curott Ms. Nancy Muse 1201 Ingleside 205 Edgewood Drive Florence, Alabama 35630 Florence, Alabama 35630 Mr. David Ely Mr. Thomas W. Paul 1500 Sparkman Drive, Apt. 6G 1120 Pratt Avenue Huntsville, Alabama 35805 Huntsville, Alabama 35801

, Mr. Hollis Fenn Mr. Michael D. Pierson 736 Prospect Street 736 Lily Plagg Road, SE Florence, Alabama 35630 Huntsville, Alabama 35802 Mr. Richard L. Freeman Mr. Tom Thornton 429 Calhoun Drive 1603 Greenwyche Road Florence, Alabama 35630 Huntsville, Alabama 35802 Thisj(,3_dayofMarch,1981.

doss /d f Akoku.E Donald R. Bustion 11 Attorney for Applicant Tennessee Valley Authority