ML20038B356
| ML20038B356 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 12/04/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8112080057 | |
| Download: ML20038B356 (6) | |
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12/4/81 UNITED STATES OF NIERICA NUCLEAR REGULATORY C0ft!!ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the !!atter of
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50-353 og(C,> {,p
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D PHILADELPHIA ELECTRIC COMPANY
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Docket Nos. 50-352 (Limerick Generating Station,
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Units 1 and 2)
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/s NRC STAFF RESPONSE TO CEPA'S Af1 ENDED y/g[g\\h's PETITION TO INTERVENE (NOVEMBER 17,1981)
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INTRODUCTION On November 17, 1981 petitioner Consumers Education and Protective Association ("CEPA") amended its petition to intervene in this proceeding by the filing of an affidavit of Lee Frissell, Executive Director of CEPA, stating that CEPA's members and staff have authorized it to intervene in this proceeding and to be represented by Community Lec31 Services, through Steven P. Hershey, Esq.
This amendment was filed in response to the "NRC Staff Answer to CEPA's October 28, 1981 Supplement to Petition to Intervene" (November 10,1981), wherein the Staff noted that CEPA had not yet filed an affidavit of a person with authority to speak for CEPA stating that CEPA had been authorized to intervene in this
/ DESIGNATED ORIGINAIl 8112080057 811204 hDRADOCK 05000352 PDR O' S o ' 7
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. proceeding and to be represented by fir. Hershey.M The Applicant has filed an answer to CEPA's anended petition opposing it on the grounds that (1) it was filed without prior authorization of the Board and (2)
CEPA had failed to justify the untimeliness (by two days) of its October 28, 1981 supplement to its petition to intervene.E Applicant's objection is based on the Board's October 14 Order which established a schedule for filing of amended petitions.
DISCUSSION Although Applicant's observations concerning Commission policy on adherence to the times specified in the rules and Board orders are certainly correct, prior authorization of the Board for CEPA to file its amended petition in this instance was not required.
10 C.F.R.
s 2.714(a)(3) authorizes petitioners to file amendments to their petitions to intervene without leave of the Board at any time up to 15 days before the special prehearing conference held under Q 2.751a.
The special prehearing conference is scheduled for January 6,1982, and CEPA's amended petition of November 17, 1981 was, therefore, filed well in advance of 15 days prior to the special prehearing conference.
Applicant does not dispute that the Frissell affidavit provides the y
Such an affidavit was required to be filed by the Atomic Safety and Licensing Board in its "itemorandum and Order Setting Schedule for Submission of Contentions and Other Preliminary Information" (October 14, 1981, a t 7).
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Applicant's Answer to Amendment to CEPA's Petition to Intervene (November 30,1981).
3-requisite authorization. Staff believes that CEPA has now provided the authorizing affidavit required by the Board.
In the Staff's view, the only re,aining deficiency in CEPA's petition to intervene is its failure to address the untimeliness of its October 28, 1981 supplement.
Staff previously argued that CEPA should, in an amendmerit to its petition, articulate the reasons for its failure to meet the October 26, 1981 deadline for filing of petitioners' responses to the Board's October 14, 1981 order.E CEPA's petition remains deficient for failure to provide justification for the untimeliness of its October 28, 1981 supplement, but this deficiency can be cured by appropriate amendment of the petition.S/
III.
CONCLUSION CEPA has complied with the Board's order to provide an authorizing affidavit.
Until CEPA states the reasons for the untimeliness of its October 28, 1981 supplement to its petition to intervene, the Staff cannot, however, conclude that CEPA has satisfied all of the Board's 3_/
" Staff Answer," at 5-6.
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If the Board so directs, this matter can also be argued at the specia'. prehearing conference.
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4-2 requirements for CEPA's establishment of its standing to intervene in this proceeding.
Respectfully submitted, N. Y)24 i
Stephe H. Lewis Counsel for NRC Staff j
Dated at Bethesda, liaryland this 4th day of December,1981 5
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UNITED STATES OF AMERICA I4UCLEAR REGULATORY COMMISS10ll BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PHILADELJHIAELECTRICCOMPANY Docket Nos. 50-352 50-353 (Liraerick Generating Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CEPA'S AMENDED PETITION TO INTERVENE (NOVEMBER 17,1981)" 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 by deposit in the Nuclear Regulatory Commission internal mail system, this 4th day of December,1981:
Lawrence Brenner, Esq., Chairman
- Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President & General Counsel U.S. Nuclear Regulatory Commission Philadelphia Electric Company Washington, DC 20555 2301 Market Street Philadelphia, PA 19101 Dr. Richard F. Cole
- Administrative Judge Troy B. Conner, Jr., Esq.
U.S. Nucl?ar Regulatory Commission Mark J. Wetterhahn, Esq.
Washingten, DC 20555 Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W.
Dr. Peter A. Morris
- Washington, DC 20006 Administrative Judge U.S. Nuclear Regulatory Commission Mr. Charles Bruce Taylor Washington, DC 20555 24 West Tenth Avenue Collegeville, PA 19426 Mr. Frank R. Romano Air and Water Pollution Patrol Mr. Marvin I. Lewis 61 Forest Avenue 6504 Bradforo Terrace Ambler, PA 19002 Philadelphia, PA 19149 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel
- Appeal Panel (5)*
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Coramission Washington, DC 20555 Washington, DC 20555 Docketing and Service Section*
James fi. Neill, Esq.
'l Uffice of the Secretary Associate Counsel for Del-Aware U.S. Nuclear Regulatory Commission 3ox 511 Washington, DC 20555 Dublin, PA 18917
2 Environmental Coalition on liuclear Walter W. Cohen Power Consumer Advocate Dr. Judith H. Johnsrud, Co-Director Office of Attorney General 433 Orlanco Avenue 1425 Strawberry Square State College, PA 16801 Harrisburg, PA 17120 Robert W. Adler e
Assistant Counsel Commonwealth of Pennsylvania, DER Thomas Gerusky, Director 505 Executive House, Bureau of Radiation Protection P.O. Box 2357 Dept. of Environmental Resources Harrisburg, PA 17120 5th Floor, Fulton Bank Building Third and Locust Streets Randall Brubaker Harrisburg, PA 17120 Assistant Counsel Commonwealth of Pennsylvania, DER Director Room 1200, 1315 Walnut St.
Pennsylvania Emergency Management Philadelphia, PA 19107 Agency Basement, Transportation & Safety Joseph H. White III Building 11 South flerion Avenue Harrisburg, PA 17120 Bryn Mawr, PA 19010 John Shniper Steven P. Hershey, Esq.
Meeting House Law Bldg. & Gallery Consumers' Education Mennonite Church Rd.,
and Protective Association Schuylkill Rd. (Rte. 724)
Sylvania House Spring City, PA 19475 Juniper and Locust Streets Philadelpnia, PA 19107 Robert L. Anthony Friends of the Earth of the Alan J. tiogee Delaware Valley The Keystone Alliance 103 Vernon Lane, Box 186 3700 Chestnut Street Moylan, PA 19065 Philadelphia, PA 19104 Judith A. Dorsey, Esq.
Robert J. Sugarman Limerick Ecology Action Del-Aware Unlimited, Inc.
1315 Walnut Street, Suite 1632 Berle, Butzel, Kass & Case Philadelphia, PA 19107 2115 Bainbridge Street Philadelphia, PA 19146 Donald S. Bronstein, Esq.
The Itational Lawyers Guild William A. Lochstet Third Floor 119 E. Aaron Drive 1425 Walnut Street State College, PA 16801 Philadelphia, PA 19102 Charles W. Elliott, Esq.
123 N. 5th Street, Suite 101 Allentown, PA 18102 W
H. Lie Stephefi H. Lewis Counsel for NRC Staff
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