ML20027A486
| ML20027A486 | |
| Person / Time | |
|---|---|
| Site: | Fermi |
| Issue date: | 11/30/1978 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7812070251 | |
| Download: ML20027A486 (2) | |
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UNITED STATES OF AMERICA g$,C f, t'I N NUCLEAR REGULATORY COMMISSION 4g BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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DETROIT EDISON COMPANY, ET AL.
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Docket No. 50-341 ff (Enrico Fermi Atomic Power Plant,
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ORDER On November 13, 1978, the NRC Staff filed a response to a document dated October 17, 1978,1/ signed by Dr. Robert G. Asperger, providing the names of 43 persons (including himself) who "are planning to enter the hear-ings" in this proceeding and who " request sufficient notice of any prehearing conference."
The document adds that "all these people and local units of government" plan to submit affidavits " spelling out their contentions."
In its response, the Staff treats the document alter-natively as (1) a supplement to Dr. Asperger's previous
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request that the notice of opportunity for hearing be.
republished, or (2) a petition for leave to intervene.
It seeks denial in either event.
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1/
We did not become aware of this document until receiving the Staff's response.
The Applicants have not responded, although the Commission's records reflect that they were served on October 31, 1978.
The Staff's request to file its response out of time is hereby granted.
7812070ASI &
W We have already denied Dr. Asperger's republication request (see LBP-78-37, 8 NRC (November 13, 1978) (slip op. pp. 18-19)) and see no reason to change our views in this respect.
Nor does the October 17 filing include sufficient information as to such matters as standing and contentions to permit it even to be considered as a request for intervention, much less accepted as such.
Indeed, we construe the document as a request for limited appearances pursuant to 10 CFR $2.715(c) by the
'T individuals listed.
If they should appear at the prehear-ing conference scheduled for December 18, 19782_/ (or at a later conference or hearing should there be occasion to hold such a session), their requests will be considered at that time.
THE ATOMIC SAFETY AND LICENSING BOARD J
designated to rule on petition for leave to intervene.
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Charles Bechhoe(er Chairman t
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-3 Dated at Bethesda, Maryland, S -
- r. s '~*-T this 30th day of November, 1978.
2/
See 43 Fed. Reg. 54148 (November 20, 1978).
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