ML20005A164

Discusses Procedure for Intervention in OL Application,In Response to

ML20005A164
Person / Time
Site:	Limerick
Issue date:	06/18/1981
From:	Schwencer A Office of Nuclear Reactor Regulation
To:	Romano F AIR AND WATER POLLUTION PATROL
References
NUDOCS 8106290466
Download: ML20005A164 (3)

Text

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Dear Mr. Rorano:

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=t Reference is made to your letter of Ny 28, 1981, relative to procedure fer intervention in the matter of the acolication for operating licensas for Limerick Generating Statien Units 1 ar.d 2.

If we find that the tenderad apolication contains sufficient infonatien to initiate a licensing review, it will be docketed. After decketing a notice of cpportunity for hearing will be published in the Federal Register. Within thirty (30) days of the publicatien of the notice, any person whose interest may be affected by the proceeding may file a petition for leave to intervene.

Sucn filing shall be in accordance with the Ccmission's " Rules of Practice for Corestic Licensin J Proceeding" Title 10 of the Code of Federal Regulations, Part 2 (10 CFR 2).

The applicable sections thereof are sumarized below:

If a recuest fcr a hearing or petition for leave to intervene is filed, the Ccenission or an Atonic Safety and Licensin; Board, designated by the Cornis-sion or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule en the petition and, if the petition is granted, the Secretary of the Ccmission, or designated Atomic Safety and Licensing Board will issue a notice of bearing. As required by 10 CFR 52.714, a petitit.n for leave to intervene shall set forth with particularity the interest of the petitioner in the nroceeding, and bow that interest ray be affected by the results of the prcceeding. The cetiticn should specifically explain the reasons why interventien should be reraitted with carticular reference to the following factors:

(1) the nature of the petitioner's right under the Act to be ~ade a carty to the proceedinc; (2) the nature and extent of the cetitioner's property, financial, or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding nn the petitiener's interest.

The petition sbeuld also identify the specific aspect (s) cf the subject mtter of tSe pro-ceedinn as to which petitioner wished to intervene. Any person who has filed a cetition for leave tn intervene er who has been admitted as a party nay arend his. petition prior to the first prehearing ccnference.

Net later than fifteen (15) days prior to the first prebaarine conference scheduled in the proceeding, the cetitiener.ay file a stipplemnt tn the i

petition to intervene which nay then include the contentions which are l

scucht to be litigated in the ratter. The bases for each centertion rust be set forth with reasonable specificity. A petitioner.#o fails to include a valid centention in its original petition er in its suoplerent will not be permitted to participate as a party.

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200R ORIGINAL Frank Romano A recuest for e petition for leave to intervene must be filed with the Secretary of the Comission, United States Nuclear Regulatory Ccmission, Washington 0.C. 20555, Attenticn: Docketing and Service Section, or ray be delivered to the Comission's Public Docurent Roor,1717 H Street, N.U.,

'Jashincton, D.C., within 30 days frm drte of publication of the notice of opportunity fnr hearing. A copy of the petition should also be sent to the Executive Legal Director, U.S. Nuclear Reculatory Corrissien, Washington, 4

D.C., 20555, and to Troy 8. Conner, Jr., Esc., Conner, Moore & Cerber,1747 4

Pennsylvania Avenue, N.W., Washington, D.C., 20006, attorney for the applicant.

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Any cuestions or requests for additional infomation regarding the content of this notice should be addressed to the Chief Hearing Counsel, Office of the Executive Legal Director, U.S. Nuclear degulatory Ccmission, Washincton, D.C., 20555.

Nontirely filings of petitions for leave to intervene, a. mended petitions, supplerental petitions and/or requests for hearing will not be entertained absent a determinatico by the Comission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the oeciticn and/or reouest, that the petitioner has made a substantial showing of.;ood cause for the grant-ing of a later cetition and/or recuest. That deterrination will be based upon a Palancing of the factors specified in 10 CF'4 52.714(a)(1)(1)-(v) and $2.714(o).

For further details. pertinent to the ratters under consideration, see the acplica-tion for the facility onerating licenses and the applicants' environ vntal rencrta.

.hich are available for nublic inspection at the Comission's Local Public Occu-men + We at the Pottstcwn Public Librarv, 500 Hich Street, Pottstown, Pennsyl-vania 19464 Sincerely, A. Schwencer, Chief Licensing 3 ranch i!c. 2 Division of Licensinq l

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Frank Romano A request for a petition for leave to intervene must be filed with the Secretary of the Comission, United States Nuclear Regulatory Comission Washington, D.C. 20555, A'tention: Docketing and Service Section, or y

be delivered to the Comission's Public Document Room, 171711 Stree N.W.,

Wasnington, D.C., within 30 days from date of publication of the tice of opportunity for hearing. A copy of the petition should also be ent to the Executive Legal Director, U.S. Nuclear Regulatory Comission, ahsington, D.C., 20555, and to Troy B. Conner, Jr., Esq., Conner, Moor & Corber, 1747 Pennsylvania Avenue, k.W., Washington, D.C., 20006, attor y for the applicant.

Any questions or requests for additional information re ding the content of this notice should be addressed to tne Chief Hearing C nsel, Office of the Executive Legal Director, U.S. Nuclear Regulatory C.ission, Wahshington, D.C., 20555.

Nontimely filings of petitions for leave to in rvene, acended petitions, supplemental petitions and/or requests for he ring will not be entertained absent a detemination by the Commission, t presiding officer, or the Atomic Safety and Licensing Board designated to e on the petition and/or request, tnat the peti:ioner has made a substanti showing of good cause for the grant-ing of a later petition and/or request. That determination will be based upon a balancing of the factors specified i 10 CFR 52.714(a)(1)(i)-(v) and 52.714(d).

For further details pertinent to th matters under consideration, see the applica-tion for tne facility operating li nses and the applicants' environmental reports, which are available for public 1. pection at the Comission's Local Public Docu-ment Room at the Pottstown Publ Library, 500 itigh Street, Pottstown, Pennsyl-vania 19464.

Sincerely, Albert Scnwencer, Chief Licensing Branch Ho. 2 Division of Licensing DISTRIBUTION:

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