ML20054C689

Response to NRC Response to Intervenor Motion to Defer Issuance of Notice of Hearing.All Comments Re Intervenor Participation in 820315 Telcon Should Be Stricken.Intervenor Denied Right of Full Participation.Certificate of Svc Encl

ML20054C689
Person / Time
Site:	Palo Verde
Issue date:	04/13/1982
From:	Hourihan P HOURIHAN, P.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8204210507
Download: ML20054C689 (3)

Text

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04/13/82

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BEFORE THE ATOMIC SAFETY AND LICENSING %D ARD ~ ' ,ggve

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In the Matter of )

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ST 528s COMPANY, et al.

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Station, Units 1, 2 and 3) )

INTERVENOR'S RESPONSE TO THE NRC STAFF RESPONSE TO INTERVENOR'S MOTION TO DEFER ISSUANCE OF NOTICE OF HEARING.

On page 2 of the Staff's response to Intervenor's motion to defer issuance of notice of hearing the . staff discusses a conference call which took place on March 15, 1982 tetween Judge Lazo, the NRC and the Joint Applicants. In reference to this call the hearing date of April 27 was set with out the presence of the Intervenor. When the call was made Intervenor requested a couple more hours of time, the NRC Staffs' secretary relayed this message to the other parties, the secretary then returned to my line with a message that Mr. Reis had stated they would proceed ~with the call'without the participation of the Intervenor.

10 C.F.R. Sec. 2 721 (d) clearly states that the ASLB cay exercise the powers of a presiding officer. On March 15, 1982 was Judge Lazo aware that the Intervenor had asked for the call to be delayed a couple of hours? And if so, is it not the position of the judge to say yes or no to a later conference call?

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The Intervenor questions the procedure which took place concerning the issuance of a hearing date. Intervenor contends she was not given the rights the rules allow for full parti-cipation as a party to the proceedings and moves to strike all comments from the record to date discussing the Intervenor's participation in the March 15 conference-call, i.e. "...In-tervenor elected not participate in the conference call...".

These statements which are published in the Federal Register and NRC filings are not true statements and should not be on the record.

Respectfully Submitted .

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Patricia Lee Hourihan Intervenor Dated at Phoenix, Arizona this 13th day of April, 1982.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 37 p in 91'5 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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ARIZONA PUBLIC SERVICE ) Docket Nos. STN 50-528 COMPANY, et al. ) STN 50-529

) STN 50-530 (Palo Verde Nuclear Generating )

Station Units 1, 2 and 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of "INTERVENOR'S RESPONSE TO THE NRC STAFF RESPONSE TO INTERVENOR'S MOTION TO DEFER ISSUANCE OF NOTICE OF EEARING" in the above-captioned proceeding have been served on the following by deposit in the United States mail system, this 13th day of April, 1982:

Robert M. Lazo, Esq. , Chariman Lee Scott Dewey, Esq.

Administrative Judge Office of the Executive Atomic Safety and Licensing Board Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, D.C. 20555 Dr. Richard F. Cole Docketing and Service Section Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Ccamission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Dr. Dixon Callihan Board Panel Administrative Judge U.S. Nuclear Regulatory Commission Union Carbide Corporation Washington DC 20555 P.O. Box Y Oak Ridge, TN 37830 Atomic Safety and Licensing Appeal Board Arthur C. Gehr, Esq. U.S. Nuclear Regulatory Commission Charles Bischoff, Esq. Washington, DC 20555 Snell & Wilmer 3100 Valley Center Phoenix, Az 85073 Rand L. Greenfield Assistant Attorney General 3; P.O. Drawer 1508 # -

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Santa Fe, New Mexico 87504-1508 '

' u 'J-Patricia Lee Hourihan Intervenor