ML20062B417

Request for Leave to File Response to Applicant Contention Re Constitutionality of Forced Disclosure of Group Members Names in Order to Operate within State

ML20062B417
Person / Time
Site:	Dresden, Quad Cities
Issue date:	10/10/1978
From:	Roisman A National Resources Defense Council
To:
References
NUDOCS 7810300063
Download: ML20062B417 (4)

Text

.

45y,

._,.., ./~

gy t f

, r ~.. . .,GT ROO3g h3 Y,'

. Q. a;.

r;y hp 7 W, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION O Q

• I I}

dblOhrW5'*$,.k }

'% o~

In the Matter of  : NI COMMONWEALTH EDISON CO., et al.  : Docket Nos. 50-237

50-249 (Amendments to Operating Licenses  : 50-254 50-265 N' TICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of Citizens for a Better Environment and Natural Resources Defense Council in the captioned matter. In accordance with S 2.713 of the Commission's Rules of Practice, the following informatioh is provided: '

Name: Anthony Z. Poisman ;_ , -

Address: Natural Resources Defense Council L.

917 15th Street, N.W. 1 Washington, D.C. 20005 Telephone: (202)737-5000 Admission: United States Cot'rt of Appeals, District of Columbia Circuit Service in the captioned matter should be made upon the undersigned.

P-

'W WMM Anthony Z.

October 10, 1978 -

78losooOC

_, _ _ _ _3-s (, .

,m , e s~ -i

4 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of  :

Docket Nos. 50-237 COMMONWEALTH EDISON CO., et al.  : 50-249

. 50-254 ,

(Amendments to Operating Licenses) : 50-265 NATURAL RESOURCES DEFENSE COUNCIL REQUEST FOR LEAVE TO FILE A RESPONSE Applicants have filed an answer to NRDC and CBE's l

Petition for leave to intervene raising broad-ranging issues regarding the standing of the Petitioners and anticipatorily challenging the validity of hypothesized contentions of Peti-tieners. These issues are briefed with numerous citations which appear to raise important issues which warrant a careful responsa. See in contrast to applicant's standing argument NAACP v. Alabama, 357 U.S. 449 (1958), holding that a state may not constitutionally force a group to disclose the names of its members in order to operate within the state. We therefore re-quest leave to file a response to applicant's answer.

We have yet to receive a response from the Staff. The Staff may also challenge Petitioners' rights of intervention.

In order to avoid the necessity of having to respond separately to the Staff, we request that the time for filing a response to the answer of Staff and Applicant be 10 days from the date l the Staff files its answer, 15 days if the filing is by mail.

. . - , - - . - . - - - _ . - _ _ , _ , . . - _ _ . - - - . . - .- - - , . _ _ - - ~ . . , , . . _ _ _-. _ _ ~ . v -,s-

2 For the reasons stated above, we urge the Board to grant the motion.

Respectfully submitted, Anthony Z. Ro mqnf WW ff  ;

Natural Resou es Defense Council 917 15th Street, N.W.

Washington, D.C. 20005 (202)737-5000 October 10, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of  :

COM!!ONWEALT!! EDISON CO., et al.  : Docket Nos. 50-237

50-249 (Amendments to Operating Lic'enses)  : 50-254 50-265 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing NOTICE OF APPEARANCE and NRDC REQUEST FOR LEAVE TO FILE A RESPONSE were mailed today, October 10, 1978, first class postage prepaid, to the following:

Secretary of the Cctmission Gary L. Milhollin, Esq.

U.S. Nuclear Regulatory Commission 1815 Jefferson Street Washington, D.C. 20555 Madison, Wisconsin 53711 Attention: Docketing and Service Mrs. Elizabeth B. Johnson Executive Legal Director Union Carbide Corporation U.S. Nuclear Regulatory Commission Nuclear Division Washington, D.C. 20555 P.O. Box X Oak Ridge, Tennessee 37830 John W. Rowe Isham, Lincoln & Beale Dr. Quentin J. Stober One First National Plaza Fisheries Research Institute 42nd Floor University of Washington Chicago, Illinois 60603 Seattle, Washington 98195 Susan N. Sekuler Assistant Attorney General 138 W. Randolph Street Suite 2315 Chicago, Ill. 60601 Y

• Antnany 2. a_ rf i