ML20009F223

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Response Opposing Receipt of Sierra Club Legal Defense Fund (Sierra) 810721 Papers Re ALAB-642.Sierra Statements Add Nothing of Substance to Nor Aid Commission Decision Re Petition for Review.Certificate of Svc Encl
ML20009F223
Person / Time
Site: Summer South Carolina Electric & Gas Company icon.png
Issue date: 07/28/1981
From: Knotts J
DEBEVOISE & LIBERMAN, SOUTH CAROLINA ELECTRIC & GAS CO.
To:
NRC COMMISSION (OCM)
References
ALAB-642, ISSUANCES-OL, NUDOCS 8107300155
Download: ML20009F223 (5)
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- -- Date: July 28, 1981 6' U

$ UNITED STATES OF. AMERICA h.d,'y NUCLEAR REGULATORY COMMILSION b' ' ,

b & gv ff p to a BEFORE THE COMMISSION 9; JUL,29193; gf In the Matter of: g' ELY"

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SOUTH CAROLINA ELECTRIC AND ) f GAS COMPANY, et'al. ) Docket 50L

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(Virgil C. Summer Nuclear )

Station, Unit 1) ) ,

APPLICANTS

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served by mail certain papers pertaining to the pending petition for review filed by Fairfield United Action with respect to ALAB-642. Applicants South Carolina Ele'tricc and Gas Company ,

and South Carolina Public Service Authority object to the receipt l

l of these unauthorized pleadings at this juncture.

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-1/ The papers in question, i~ . e . , the request for leave to file t statement and the statement itself each bear the date June 15, 1981 while the accompanying notice of appearance bears the date July 15, 1981. We believe the correct-service date to be July 21, 1981, inasmuch as that date was filled in by hand on the certificate of service and since the papers were received by us on July 22, 1981.

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8107300155 810728

{DRADOCK 05000395 PDR 4)

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Our objection at this point is that the only questions pending before the' ' Commission' are whsthe'r or not to grant review

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and, if so, on what issues. The' approach of the SCCSC is to bypass that threshold matter and address the merits.

2]

SCCSC seeks affirmance of the Licensing Board and (by necessary impli-cation) reversal of the' Appeal Board on grounds having to do with the alleged impropriety of an Appeal Board making.its own assessment of the factors governing late intervention, apparently even to ascertain whethe'r the' Licen' sing Board exceeded its discretion.

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Suffice it to say that the statement-of SCCSC adds nothing of substance or of aid to the Commission in ' determining whether or not to . grant a petition- for review. In the event that review is granted (which we think it should not be -- see our opposition of June 26, 1981 to FUA's petition for review),

then we would hhve. no objection to the receipt of the statement submitted by SCCSC as an amicus statement, provided that in such event any issues set down for briefing by the Commission pursuant 2/ While we note in passing that the argument offered in the SCCSC statement is neither internally consistent nor persuasive, our objection is that the statement does not squarely address the question whether review is warranted, except inferentially in that it argues for a different result and predictably sees the decision of the Licensing Board as better squaring with earlier rulings on inter-vention than does its reading of ALAB-642.

DIE 75EIMRE.4F M BEM E9!E MIR M I ?i@id#f6 hif:[5Y to 10 C.F.R. S2.786 (d) (6) were to include the matters addressed in the~ ctatement.

Respectfully submitted, j ,

3 CgsphB. Knotts, Jr.

DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washingtoh, D.C. 20036

. (202) ~ 857-9831 Counsel for~ Applicants 4 s l'

Date: July 28, 1981 k

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  • UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of:

SOUTH CAROLINA ELECTRIC AND )

GAS COMPANY,'et _al.

) Docket No. 50-395-OL

)

(Virgil C. Summer Nuclear )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Response i.o South Carolina Chapter of the Sierra Club's Request for Leave to File Statement in Support of Fairfield United Action'3 Appeal" in the"above captioned matters, were served-upon the following persons by deposit in the United States mail, first class postage prepaid this 28th day of July , 1981. Hand delivery was~

accomplished to those names marked with an asterisk.

  • Ch' airman Paladino
  • Samuel J. Chilk Office of the Commission Secretary to the Ccamission U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Herbert Grossman, Esq.
  • Commissioner Gilinsky Chairman, Atomic Safety and Office o'f the Commission Licensing Board l U.S. Nuclear Regulatory U.S. Nuclear Regulatory l Commission Commission ,

Washington, D.C. 20555 Washington, D.C. 20555 1

  • Commissioner Bradfoid Dr. Frank F. Hooper Office of the Commission School of Natural Resources U.S. Nuclear Regulatory University of Michigan Commission Ann Arbor, Michigan 48109 Washington, D.C. 20555 Mr. Gustave A. Linenberger
  • Commissioner Ahearne Member, Atomic Safety and l Office of the Commission Licensing Board .

U.S. Nuclear Regulatory U.S.; Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C.- 20555

  • Leonard Bickwit, Esq. Alan S. Rosenthal, Chairman l General Counsel Atomic Safety and . Licensing l U.S. Nuclear Regulatory Appeal Board Commission U.S. Nuclear Regulatory "ommission Washington, D.C. 20555 Washington, D.C. 20555

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a Dr. John H. Buck, Member Dr. John C. Ruoff Atomic Safety and Licensing P.O. Box 96 Appeal Board Jenkinsville, South Carolina U.S. Nuclear Regulatory 29065 Commission Washington, D.C. 20555 Mr. Brett Allen Bursey Route 1, Box 93-C Christine N. Kohl, Member Little Mountain, Atomic Safety and Licensing South Carolina 29076 Appeal Board .

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Comm s o er a blub L gal Defense Fund Washington, D.C. 20555 1424 K Street,-N.W., Suite 600 Washington, D.C. 20005

' Docketing and Service Section Counsel for,NRC Staff Office of the Secretary United States Nuclear U.S. Nuclear Regulatory Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. ~0555 Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 g

  • Steven C. Goldberg, Esq. '

J se a B. Knotts, Jr.

Office of the Executive Legal Director U.S. Nuclear Regulatory.

Commission Washington, D.C. 20555 Richard P. Wilson, Esq.

Asrictant Attorney General South Carolina Attorney General's Office P.O. Box 11549 Columbia, South Carolina 29211 George Fischer, Esq.

Vice President and Group Executive - Legal South Carolina Electric &

Gas Company P.O. Box 764 Columbia, South Carolina 29218 Robert Guild, Esq.

314 Pall Mall Columbia, South Carolina 29201

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