ML20032B233
| ML20032B233 | |
| Person / Time | |
|---|---|
| Site: | Farley  |
| Issue date: | 10/28/1981 |
| From: | Hjelmfelt D HJELMFELT, D.C., MUNICIPAL ELECTRIC UTILITY ASSOCIATION, ALABAMA |
| To: | U.S. COURT OF APPEALS, 5TH CIRCUIT |
| References | |
| 81-7847, ISSUANCES-A, NUDOCS 8111050326 | |
| Download: ML20032B233 (5) | |
Text
~~
PEATED COMIOC:ICCI I-
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FROD. & UTIL FAC.W.'
' 00CMETED 03Ct;ET UU:2Et USNRC
-4 UNITED STATES COURT OF APPEALS i b N O FOR THE ELEVE:!TH CIRCUIT OFFICE OF SECRETARY DOCKLTtNG & SERV!CE B?ANCH ALABAMA POWER COMPANY,
)
)
Petitioner
)
vs.
)
No. 81-7847
}
NUCLEAR REGULATORY COMMISSION
- and THE UNITED STATES OF AMERICA, hespondents
)
MOTION OF THE MUNICIPAL ELECTRIC UTILITY ASSOCIATION OF ALABAMA
.OR LEAVE TO INTERVENE The Municipal Electric Utility Association of Alabama (MEUA), pursuant to 28USC, section 2348 and Rule 15(d) of the Federal Rules of Appellate Procedure, hereby moves for leave to intervene in the above-captioned proceeding.
In support of its motion MEUA shows the following:
1.
MEUA is an unincorporated association of municipalities in Alabama which own and operate electric distribution systems.
2.
Alabama Power Company (APCo), the petitioner herein, seeks review of an order of the Atomic Safety and Licensing Appeal Board of the United States 'Tuclear Regulatory Commission, Docket Numbers 50-348A and 50-364A dated June 30, 1981.
MEUA has been an intervenor and party to the proceedings before the Nuclear Regulatory Commission and actively participated oljgjg8 O
PDR 1\\
therein.
Under the terms of the Appeal Board's Order, MEUA and its members obtained substantial relief-from what was found to be a long course of anticompetitive conduct by APCo.
MEUA's interests are and will be materially affected by the terms of the Commission's Order and any review thereof.
As such, MEUA is entitled pursuant to 28USC, section 2348 to appear as a party and be represented by counsel in this proceeding.
3.
Among the errors claimed by APCo in its Petition For Review is that the Atomic Safety and Licensing Board erroneously held that APCo should be required to engage in wheeling for and at the request of MEUA members.
(Appendix A page 8 to Petition For Review.)
Thus, it is apparent that MEUA is directly concerned with this proceeding.
- Moreover, no other party can adequately represent the interests of MEUA.
The interests of MEUA are separate from and independent of the respondents and any other party.
4.
By its Order of September 17, 1981, MEUA was granted leave to intervene by the Court of Appeals for the Fifth l
Circuit in case nos. 81-7547 and 81-7580 in which APCo pbtitioned l
l for review of the same Order of the Appeal Board of the Nuclear Regulatory Commission.
l 5.
MEUA is a real party in interest herein and strongly 3
i I
t
.._ j
7 I
opposes the position of the petitioner.
]
Wherefore, for the foregoing reasons, MEUA requests that i
it be granted leave to intervene in this proceeding.
?
Respectfully submitted, C& V M 0 g)
Cavid C.
Hjelmfel 634 So. Mason Fort Collins, Colorado 80524 Tel: ~(303) 493-1789 l
l Attorney for Municipal Electric.
i Utility Association of Alabama.
October 28, 1981 i
1
> -J
I hereby certify that copies of the foregoing Motion of the Municipal Electric Utility Association of Alabama for Leave to Intervene have been served on the following by United States Mail, postage prepaid, thf.s 2Q3 day of October, 1981.
M b
David C. Hjelmf,7 t j
1 r
ALABAMA POWER COMPANY DEPT. OF JUSTICE:
Robert H.
Forry Joseph J.
Sau..ders, Esq.
Arthur H.
Domby Antitrust Division TROUTMAN, SANDE RS, LOCKERMAN &
Dept. of Justice ASHMORE Post Office Box #481 1400 Candler Building Washington, D.C.
20044 Atlanta, Georgia 30043 404/658-8000 Barry Grossman, Esq.
Robert J. Wigguts, Esq.
S.
Eason Balch, Sr.
Appcllate Section Robert A.
Buettner Antitrust Division Albert L. Jordan U.S.
Dept. of Justice BALCH, BINGHAM, BAKER, HAWTHORNE, Washington, D.C.
20530 WILLIAMS & WARD 600 North 18th Street ALABAMA ELECTRIC COOPERATIVE, Post Office Box #306 INC.:
Birmingham, Alabama 35201 D.
Baird MacGuineas, Esq.
205/251-8100 Volpe, Boskey and Lyons Terence H.
Benbow 916 16th Street, Northwest David J.
Long Washington, D.C.
20006 WINTHROP, STIMSON, PUTNAM &
Jesse M. Williams, Jr.,
Esq.
0 11a Street G r ett New York, New York 10005 212/913-0700 1201 Bell Building Montgomery, Alabama 36101 NUCLEAh REGULATORY COMMISSION:
Joseph Rutberg, Esquire Antitrust Counsel l
Nuclear Regulatory Commission Staff Nuclear Regulatory Commission l
1717 H Street, Northwest Washington, D.C.
20555 l
Steve Eilperin, Esquire Marjorie S.
Nordlinger, Esquire Office of General Counsel l
Nuclear Regulatory Commission 1717 H Street, Northwest Washington, D.C.
20555 l
1
WJ ~ED C03:T~'mn"- ~v
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DAVID C. HJELMFELT, P.C.
j__
ATT!?.lN',Y AT LAW e34 soum MASON DOCKETED D O C KET k""'"~"3 FORT COLLINS, CO b0521 (15NRC PR0D.& UTIL FAC.Wk.Ed$.h fk T1 FDV -2 P4:16 OF COUNSEL T=L=eNON=
cSLDBERG. FIELDMAN & LETHAM P.C.
1303)493-1789 0FFICE CI SECRETF' DCCEil"G & SERV lid e:
October 28, 1981
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6;UL N,,OV 0 41981 ^
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Mr. Norman E.
Zaller, Clerk
,, s.
United States Court of Appc71s for the Eleventh Circuit
/
J 56 Forsyth Street FG; g f s
s Atlanta, Georgia 20303 Re:
Alabama Power Company v. Nuclear Reculatory Commission and United States of America No. 81-7847
Dear Mr. Zaller:
Enclosed herewith are an original ar.d three ':opies of a Motion for Leave to Intervene filed on behalf of Municipal Electric Utility Association of Alabama in the above-captioned proceeding.
Please send me the appropriate form for the entry of appearance of counsel.
Very truly yours,
%Jc h
David C.
Hjelmfelt DCH:ef enclosure cc:
as per certificate of service bso%
s II