ML20031D320
| ML20031D320 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 10/07/1981 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8110130242 | |
| Download: ML20031D320 (4) | |
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10/07/81
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UNITED STATE', 0F AMERICA NUCLEAR REGULATORY COMMISSION s
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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ARIZONA PUBLIC SERV:CE
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Docket Nos. STN 50-528 COMPANY, ET AL.
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STN 50-529
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STN 50-530 Ob@[f<g/4N (Palo Verde Nuclear Generating
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Station, Units 1, 2 and 3)
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q NRC STAFF RESPONSE TO MOTION BY THE 9
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STATE OF NEW MEXICO FOR PARTICIPATION AS AN 9
1 INTERESTED STATE PURSUANT T010 C.F.R. 6 2.715(c) \\]
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Di On September 17, 1981, the State of New Mexico, by its AttorneykenEfals N filed a motion in which it requests the opportunity to participate in the above proceeding as an interested state pursuant to 10 C.F.R. s 2.715(c).
In the Motion the Attorney General observes that the Public Service Company of New Mexico (PNM) and the El Paso Electric Company (EPEC) have interests in the Palo Verde Nuclear Generating Station and provide electrical service to the people of the State of New Mexico (Motion at 2). The Attorney Genwal states a particular interest in the Intervenor's contentions regarding the costs of decommissioning and water availability (M.). The Nuclear Regulatory Commission Staff interposes no objection to this request provided the State of New Mexico takes the proceeding as it now stands.
Specifically the State of New Mexico has requested the opportunity to conduct discovery in this proceeding. The discovery period regarding the pso7 admitted contentions commenced on issuance of this Board's Memorandum and y
Order dated April 16, 1981, wherein the Board approved a stipulation of the
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parties regarding the contentions and discovery.
Pursuant tr that stipulation, DESIGNATED ORIGINAL 9110130242 811007 05000 28 Certified 3
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. discovery requests were filed by the parties on May 22, 1981. Thereafter, pursuant to an agreement of the parties the & licant and the Staff filed a second round of discovery requests on July 21, 1981.
In light of the fact that the State of New Mexico has not given any reason why it did not seek to participate in this proceeding at an earlier date, we believe that if the Board allows the State to participate, it should be required to take the proceeding as it finds it and not be allowed to burden the parties with additional discovery.E Accordingly, the NRC Staff does not object to the State of New Mexico being allowed to participate in this proceeding as an interested state pursuant to 10 C.F.R. 6 2.715(c). However, the NRC Staff opposes the State's request that it be allowed to delay the progress of the proceeding and burden i
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See Nuclear Fuel Services Inc. and New York State Atomic and Space Developaent Authority (West Valley Reprocessing Plant), CLI-75-4, 1 NRC 273, 276 (1975); and Pacific Gas and Electric Company (Diablo Canyon Nuclear power Plant, Unit 1 and 2), ALAB-600,12 NRC 3, 8 (1980).
In these decisions both the Commission and Appeal Board noted that "fa] tardy petitioner with no good cause may be required to take the proceeding as it finds it".
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the parties to the proceeding with additional discovery requests on the admittedcontentions.E Respectfully submitted, i
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Henry d/McGurren Counsef'for NRC Staff Dated at Bethesda, Maryland this 7th day J October,1981.
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The Staff believes that should thJ State of New Mexico be permitted to participate as an " interested State," it should be required to specify with more particularity its concerns about " decommissioning costs and water availability." 10 C.F.R. 5 2.715(c) provices, in part:
The presiding officer may require such [ State] repre-sentative to indicate with reasonable specificity in advance of the hearing the subject matters on which he desires to participate."
See also Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-444, 6 NRC 760, 770 (1977).
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ARIZ014A PUBLIC SERVICE Docket Nos. STN 50-528 COMPANY, ET AL.
STN 50-529 STN 50-530 (Palo Verde Nuclear Generating
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Station, Units 1, 2 and 3)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO MOTION BY THE STATE OF NEW MEXICO FOR PARTICIPATION AS AN INTERESTED STATE PURSUANT T0 10 C.F.R. 5 2.715(c)" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the "nclear Regulatory Commission's internal mail system, this 7th day of Jctaer,1981:
Robert M. Lazo, Esq., Chairman
- Administrative Judge Ms. Lee Hourihan Atomic Safety and Licensing Board 6413 S. 26th Street U.S. Nuclear Regulatory Comission Phoenix, AZ 85040 Washington, DC 20555 Atomic Safety and Licensing Dr. Richard F. Cole
- Board Panel
- Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Dr. Dixon Callahan Appeal Board
- Administrative Judge U.S. Nuclear Regulatory Commission Union Carbide Corporation Washington, DC 20555 P.O. Box Y Uak Ridge, TN 37830 Docketing and Service Section*
Arthur C. Gehr, Esq.
Office of the Secretary Charles Bischoff, Esq.
U.S. Nuclear Pegulatory Comission Snell & Wilmer Washington, DC 20555 3100 Valley Center Phoenix, AZ 85073 Rand L. Greenfield Assistant Attorney General P.O. Drawer 1508 f
s Santa Fe, New Mexico 87504-1508 H6nryIp/ McGurren CounseT for NRC Staff
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