ML20050M898

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Answer Opposing Intervenor 820325 Motion to Defer Issuance of Notice of License Hearing.Motion Moot Since ASLB Served 820323 Notice of 820427 Hearing.Certificate of Svc Encl
ML20050M898
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 04/06/1982
From: Bischoff C
JOINT APPLICANTS - PALO VERDE
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8204140329
Download: ML20050M898 (4)


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UNITED STATES OF AMERICA 9- -

APR13 gDu NUCLEAR REGULATORY COMMISSION '82 PR 12 P13 BE$ E THE ATOMIC SAFETY AND LICENSING BOARD 0 p i 4 '

In the Matter of )

ARIZONA PUBLIC SERVICE )

COMPANY, et al. ) Docket Nos. STN 50-528

) STN 50-529 (Palo Verde Nuclear Generating ) STN 50-530 Station, Units 1, 2 and 3) )

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JOINT APPLICANTS' ANSWER TO INTERVENOR'S MOTION TO DEFER ISSUANCE OF NOTICE OF LICENSE HEARING On March 25, 1982, Joint Applicants received by mail Intervenor's Motion to Defer Issuance of Notice of License

. Hearing, dated March 22, 1982. In her motion Intervenor seeks to have the Licensing Board defer "the proposed issuance of the notice of hearing date pending investigation and clarification of recent disclosures made by the Staff."

On March 23, 1982, the Licensing Board served a Notice of Public Hearing on Application for Operating Licenses, dated i

March 13, 1982, setting April 27, 1982, as the date for commence-ment of the hearing in this proceeding. Because the notice of hearing has already been issued, Intervenor's motion is moot.

The relief she requests cannot be granted, and her motion, therefore, must be denied.

In view of the fact that Intervenor's motion is moot, l

l there is no need for Joint Applicants to encumber this answer j with reasons why the matters set forth by Intervenor in support i

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8204140329 820406 f" F l l PDR ADOCK 05000528 I G

1 of her motion would not warrant the deferral of the issuance of a notice of hearing, or of the hearing itself. Nonetheless, Joint Applicants wish to make clear that their decision not to respond to such matters should not be construed as a waiver of their right to do so should Intervenor hereafter refer to such i

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matters in any further attempt to delay this proceeding.

Based on the foregoing, Joint Applicants respectfully request that Intervenor's Motion to Defer Issuance of License Hearing be denied.

l Respectfully submitted, By Arthur C. Gehr /

, Charles A. Bischoff l 3100 Valley Bank Center i

Phoenix, Arizona 85073 l Attorneys for Joint Applicants Dated: April 6, 1982 i

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ki 'r UNITED STATES OF AMERICA

'82 APR 12 P3:2b NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD,.,

t In the Matter of )

ARIZONA PUBLIC SERVICE )

COMPANY, et al. ) Docket Nos. STN 50-528

) STN 50-529 (Palo Verde Nuclear Generating ) STN 50-530 S ta tion , Units 1, 2 and 3) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of " Joint Applicants' Answer to Intervenor's Motion to Defer Issuance of Notice of License Hearing" have been served on the following individuals by deposit in the United States mail, properly addressed and with postage prepaid, this 6th day of April, 1982.

Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

Chairman, Maricopa County Board of Supervisors 111 South Third Avenue Phoenix, Arizona 85004 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

i l

/ ~4 Robert M. Lazo, Esq.

Chairman, Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Dixon Callahan Union Carbide Corporation P.O. Box Y Oak Ridge, TN 37830 Lee Scott Dewey, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Edwin J. Reis Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ms. Patricia Lee Hourihan 6413 S. 26th Street Phoenix, AZ 85040 Rand L. Greenfield, Esq.

Assistant Attorney General P.O. Drawer 1508 Santa Fe, NM 87504 l .

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' Charles A. Bipehoff~

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