ML20005C114
| ML20005C114 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/16/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Brenner R, Cole R, Morris P Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111180407 | |
| Download: ML20005C114 (2) | |
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"ovembe r 16, 1001 Lawrence Brenner, Esq., Chainnn Pr. Pichard F. Cole Adn:nistrative Judge Adrinistrative Judge U.S. I:uclear Regulatory Comission U.S. Nuclear Pequlatory Corrission Washington, DC 20355 Mashington, Dr.
20555 gg{2, M'q nr. Peter A. " orris
>M Adninistrative Judge
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U.S. !!uclear Regulatory Cornission Uashington, DC 20555 Q /3 y '
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Philadelphia Electric Cerrany 5
(Lirerick Generating Station, Units 1 and 2) Q g ip Cocket !'os. 50-252, 50-353 Ocar Penbers of the Paard:
Ey its letter to the Coard of ficvenber 10,19S1, the flPC Staff indicated, inter alia, that it intended to file an answer to the arended retition to intervene of Friends of the Earth (F0E). The Staff has since detemined that its position that F0E h3s adequately demonstrated its interest to intervene on Lchal f of its renbr *s is unchanged and there is no need to file a responsive pleading to F0E's anended petition. The Staff does, however, wish to offer the following cmnents on arbiguities in F0E's petition and anendnent and on the arguments raised in "fpplicant's Answer to Supplerental Petitions and Inforration Filed by Intervenors in Desponse to Licensing Feard Order of October 14, 1901" (at 4-6).
Applicant notes that affiant Anne S. Feindoo did not becore a rmber of F0F until after subnitting her affidavit.
F0E has acknowledged this fact, but it does not detract fron the adequacy of the deronstration of the interest of other individual renbers of F0E in the results of this proceeding. roth !*r.
and Mrs. Anthony have adequately set forth their interests and that they are nenbers of FDE. Ms. Pathleen O' Leary, Chairperson of Friends of the Farth in the Delaware Valley, has also briefly set forth her interest iad has Stated that F0E's Board of Directors has authorized its intervention in this proceeding and its representation by "r. Anthony. As previously arg ud by the St.ff ("fRC Staff Response to Petitions to Intervene and Request fer Pearinc..." (October 3,1931) at 7-9), these staterents are sufficient to establish F0E's standing to intervene in this proceeding on behalf of its rerbers.
- 0E's statenent in its arended petition that only two of the seventeen
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- however, raised natters requiring clarification by F0E.
If F0E intends to represent in this proceeding the interests of the fifteen non-nenber affiants, the interests of those individuals in the resalt of this proceeding rust be more specifically stated. Lonn Island Linhtinn Co. (Shorehan ifuclear Powe: Station Unit 1), LDP-77-11, 5 flRC a81, 483-84 (1977');
Allied-General f!uclear Services (Barnwell Fuel Receivir.g and Storage Station), LBF-75-60, 2 f:RC 687, 690 (1975). He note, however, that F0E has also provided in its aner.ded petition a list of F0E reabcrs residing within nine niles of the Linerick facility.
If F0E intends to confine itself to representation of its nenbers, it should so state.
As stated above, the Staff believes the petition of F0E already establishes its standing to intervene on behalf of its nenhers.
The Board should, however, direct F0E to clarify whether it intends to limit its representation to its nenbers or also to represent identified non-cenbers.
In the event F0E dces intend to represent identified non-renbers, the Board should require it to file the arended affidavits descrit'ed in this letter.
Sincerely, Staphen P. lewis Counsel for flRC Staff cc:
Mr. Frank R. Ronaro Pr. Edward G. Cauer, Jr.
DISTRIBUTION:
Troy C. Conner, Jr., Esq.
NRC Docket Mark J. Uetterhahn, Esq.
LPDR l'.r. Charles Bruce Taylor PDR l'r. Pa rvi n I. Lewi s Shapar/Engelhardt Dr. Judith H. Johnsrud Christenbury/Scinto Torhas Gerusky Olmstead Pennsylvania Erercency Manngecent Anency John Shniper Rutberg Robert L. Anthor:y Vogler Chandler Judith A. Persey, Esq.
Lewis Donald S. Ercnstein, Esq.
Chron Valter U. Cohen FF(2)
Robert W. Adler Par,dall Brubaker Hodgdon Chan Joseph H. White III Stevt.n P. Hershey, Esq.
Alan J. i!acce Pobert J. Sugarran Willian A. Lochstet Charles H. Eiliott, Esq.
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