ML20004B586

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Responds to Re Procedure for Interventions in Matter of Facility Application for Ol.Guidance for Hearing Request or Petition to Intervene Provided
ML20004B586
Person / Time
Site: Limerick  Constellation icon.png
Issue date: 05/19/1981
From: Schwencer A
Office of Nuclear Reactor Regulation
To: Shniper J
AFFILIATION NOT ASSIGNED
References
NUDOCS 8105290083
Download: ML20004B586 (3)


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NUCLEAR REGULATORY COMMISSION

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Docket Nos. 50-352 e\\

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,h E I O D'I Mr. John Siniger

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Spring City, PA 19475 C

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Dear Mr. Shniper:

Reference is made to your letter of April 30, 1981, relative to the procedure for interventions in the matter of the application for operat-ing licenses for Limerick Generating Station Units 1 and 2.

If we find that the tendered application contains sufficient information to initiate a licensing review, it will be docketed. After docketing a notice of opportunity for hearing will be published in the Federal Register. Within thirty (30) days of the publication of the notice, any person whose interest may be affected by the proceeding may file a petition for leave to intervene.

Such filing shall be in accordance with tne Commission's " Rules of Practice for Domestic Licensing Proceeding" Title 10 of the Code of Federal Regula-tions, Part 2 (10 CFR 2). The applicable sections thereof are summarized below:

If a request for a hearing or petition for leave to intervene is filed, the Commission or an Atomic Safety and Licensing Board, designated by the Commis-sion or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the petition and the Secretary of the Commission, or designated Atomic Safety and Licensing Board will issue a notice of hearing or an appropriate order. As required by 10 CFR 52.714, a petition for leave to intervene shall set forth with particularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The l

petition should specifically explain the reasons why intervention should be permitted with particular reference to the following factors:

(1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interest in the pmceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the pro-ceeding as to which petitioncr wishes to intervene. Any person who has filed i

a petition for leave to intervene or who has been admitted as a party may amend his petition prior tJ the first prehearing conference.

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EAY 1 9 1931 John Shniper 2

Not later than fifteen (15) days prior to the first prehearing conference scheduled in the proceeding, the petitioner may file a supplement to the petition to intervene Which may then include the contentions which are sought to be litigated in the matter. The bases for each contention must be set forth with reasonable specificity. A petitioner who fails to include a valid contention in its original petition or in its supplement will not be permitted to participate as a party.

A request for a petition for leave to intervene must be filed with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Docketing and Service Section, or may be delivered to the Comission's Public Document Room,1717 H Street, N.W.,

Washington,'D.C., within 30 days from date of publication of the notice of opportunity for hearing. A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, D.C., 20555, and to Troy B. Conner, Jr., Esq., Conner, Moore & Corber,1747 Pennsylvania Avenue, N.W., Washington, D.C., 20006, attorney for the applicant.

Any questions or requests for additional information regarding the content of this notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555.

Nontimely filings of petitions for leave to intervene, amended petitions, supplemental petitions and/or requests for hearing will not be entertained absent a determination by the Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the petition and/or request, that the petitioner has made a substantial showing of good cause for the grant-ing of a later petition and/or request. That detennination will be based upon a balancing of the factors specified in 10 CFR 52.714(a)(1)(i)-(v) and 52.714(d).

For further details pertinent to the matters under consideration, see the applica-tion for the facility operating licenses and the applicants' environmental report, which are available for public inspection at the Commission's Local Public Docu-ment Room at the Pottstown Public Library, 500 High Street, Pottstown, Pennsyl-vania 19464.

Sincerely, WW d

Albert Schwencer, Chief Licensing Branch No. 2 Division of Licensing cc: See next page

FAY 1 s D31 3

Mr. Edward G. Bauer, Jr.

Vice President & General Counsel Philadelphia Electric Company 2301 Market Street Philadelphia, Pennsylvania 19101 cc: Troy B. Conner, Jr., Esq.

Mr. Vincent Boyer Conner, Moore & Corber Senior Vice President 1747 Pennsylvania Avenue, N. W.

Nuclear Operations Washington, D. C.

20006 Philadelphia Electric Company 2301 Market Street Deputy Attorney General Philadelphia, Pennsylvania 19101 Room E12, Main Capitol Building Harrlsburst Pennsylvania 17120 Karl Abraham Public Affairs Officer Mr. Robert W. Adler Region I, OIE Assistant Attorney General U. S. Nuclear Regulatory Cuac ssion Bureau of Regulatory Counsel 631 Park Avenue 505 Executive House King of Prussia, PA 19806 P. O. Box 2357 Harrisburg, Pennsylvania 17120 Allan Kanner, Esq.

1622 Locust Street Honorable Lawrence Coughlin Philadelphia, Pennsylvania 19103 House of Representatives Congress of the United States Ms. Phyllis Zitzer Washington, D. C.

20515 Limerick' Ecology Action P. O. Box 761 Roger B. Reynolds, Jr., Esq.

Pottstown, Pennsylvania 19464 324 Swede Street Norristown, Pennsylvania 19401 Lawrence Sager, Esq.

Sager & Sager Associates 45 High Street Pottstown, Pennsylvania 19464 Joseph A. Smyth Assistant County Solicitor County of Montgomery Courthouse Norristown, Pennsylvania 19404 Eugene J. Bradley Philadelphia Electric Company Associate General Counsel 2301 Market Street Philadelphia, Pennsylvania 19101 Mr. Jacque Durr Resident Reactor Inspector U. S. Nuclear Regulatory Commission P. O. Box 47 Sanatoga, Pennsylvania 19464

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