ML20011A349

Answer Opposing Consumer Advocate of Commonwealth of PA 810921 Petition to Participate as Interested State. Petitioners Should Be Limited to Contentions Which May Be Ultimately Granted by Aslb.Certificate of Svc Encl

ML20011A349
Person / Time
Site:	Limerick
Issue date:	10/06/1981
From:	Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:
References
NUDOCS 8110090341
Download: ML20011A349 (5)

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Y /h UNITED STATES OF AMERICA DOOM M NUCLEAR REGULATORY COMMISSION @W

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ocT sgc Before the Atomic Safetv and Licensina Boartp gmte gs In the Matter of ) v g I Philadelphia Electric Company Docket Nos. 50-3 x k.!b/ gf

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(Limerick Generating Station, ) C -

Units 1 and 2) ) -

lik f[ 9 z OCT 8190% f APPLICANT'SRESPONSETOCONSUMERADVOCATN, OF THE COMMONWEALTH OF PENNSYLVANIA f)n "$MI fs" " ,y / s PETITION TO PARTICIPATE 'c Preliminary Statement On August 21, 1981, the Nuclear Regulatory Commission

(" Commission" or "NRC") published a notice in the Federal Reaister entitled " Philadelphia Electric Co. (Limerick Generating Station, Units 1 and 2), Receipt of Application for Facility Operating Licenses; Consideration of Issuance of Facility Operating Licenses; Availability of Applicant's 1/

Environmental Report; and Opportunity for Hearing" (" Notice ") . -

In response to the Notice, the Conhumer Advocate of the Commonwealth of Pennsylvania (" Consumer Advocate") filed a petition to participate as an interested State agency on September 21, 1981. Pending further clarification, Applicant opposes the petition and asks that the petition be denied.

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J/ 46 Fed. Reg. 42557 (August 21, 1981). 5

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8110090341 011006 PDR ADOCK 05000352 0 PDR

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Araument Under the provisions of 10 C.F.R. 5 2. 715 (c) , petitioner Consumer Advocate has sought to participate as an interested State agency. The Consumer Advocate does not set forth the particular interests he seeks to represent, but merely states he has determined his participation is necessary "to protect the interests of the Commonwealth's consumers."

2/

In the Three Mile Island proceeding,- the Board noted that, on the one hand, the Commission precedents were not clear that a State must demonstrate the same interests as a petitioner for intervention under Section 2. 714, but noted, on the other hand, that Section 2 715 (c) requires that an agency of a State be admitted. The Board, however, held:

The Consumer Advocate and his office is apparently such an agency. But the state agency's participation may not, of course, be on matters beyond the scope of the proceeding and the Commission's jurisdiction.

It would be pointless to state that the Consumer Advocate has the right to participate in our proceeding but then determine that there is no subject matter on which he may participate. _3/

_2/ Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No. 1), Docket No. 50-289 (Restart), " Memorandum and Order Ruling on Petitions and Setting Special Preheari.? Conference" (September 21, 1979).

3/ Id. at 3.

Under the circumstances, it is submitted that the Consumer Advocate has failed to identify any cognizable interest which it may represent in this proceeding.

Conclusion For the reasons discussed above, the petition to parti-cipate by the Consumer Advocate should be limited to any contentions which may be ultimately granted by this Board.

Respectfully submitted CONNER & WETTERHAHN i

Tr . Conner, Jr.

Mark J. Wetterhahn Rober.t M. Rader Suite 1050 n 1747 Pennsylvania Avenue, N.W.

Wasnington, D.C. 20006 202/833-3500 Counsel for the Applicant October 6, 1981 i

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./ s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION  !

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PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-3 N

) 50-353 (Limerick Generating Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICS I hereby certify that copies of " Applicant's Response to Consumer Advocate of the Commonwealth of Pennsylvania Petition for Intervention," in the captioned matter have been served upon the following by deposit in the United States mail this 6th day of October, 1981. A copy of Applicant's answer to the Marvin I. Lewis petition has also been served on petitioner.

Judge Lawrence J. Brenner Alan 5. Rosentnai, Esq.

Chairman, Atomic Safety and Chairman, Acomic Safety anc ,

Licensing Board Licensing Appeal Board U.S. Nuclear Reg 11atory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Judge Peter A. Morris Eugene J. Bradley, Esq.

Atomic Safety and Licensing 2301 Market Street Board Philadelphia, Pennsylvania 19101 U.S. Nuclear Regulatory Commission Colleen P. Woodhead, Esq.

Washington, D.C. 20555 Office of the Executive Legal Director Judge Richard F. Cole U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Mr. Chase R. Stephens, Chief Washington, D.C. 20555 Dccketing and Service Bran'h Office of the Secretary Paul B. Cotter, Jr., Esq. U.S. Nuclear Regulatory Chai rman , Atomic Safety and Commission Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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, Walter W. Cohen Consumer Advocate Office of Consumer Advocate Consumer Advocate Office of Attorney General Commonwealth of Pennsylvania 14th Floor Strawberry Square Harrisburg, PA 17127 n$, v Robert M. Rader Counsel for the Applicant