ML20062D694

Allows Petition to Intervenor DM Mccaughan Until 781226 to Amend or Suppl His Petition to Conform W/Standards Used for Determining Validity of Petitions to Intervene.Special Prehearing Conference Will Be Held 790111

ML20062D694
Person / Time
Site:	South Texas
Issue date:	11/17/1978
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7811290085
Download: ML20062D694 (3)

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UNITED STATES 0F AMERICA ",,,, -

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p BEFORE THE ATOMIC SAFE 1Y AND LICENSING B0 4;g In the Matter of HOUSTON LIGHTING AND ) Docket Nos. S 50-498 OL, POWER COMPANY, ET AL. ) STN 50-499 OL

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(South Texas Project, ) G Units 1 and 2) )

k (IlIl , Il ORDER On November 1, 1978, the Commission received an un-dated petition to intervene in this operating license pro-ceeding, from D. Michael McCaughan, a member of "The Environmental Task Force." The petitioner apparently did not serve this document on the parties to the proceeding, and only the NRC Staff has filed a response.

k_ In our Memorandum and Order of October 23, 1978, we described the types of information with which a Board must be supplied in order to grant a petition for intervention.

(We are transmitting a copy thereof to Mr. McCaughan for his information.) As the Staff has pointed out, Mr.

l McCaughan's petition is devoid of the information necessary i for us to determine either his standing or that of his i

l organiration, or whether we should exercise our discretion

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I to admit him on a discretionary basis.

Furthermore, Mr. McCaughan's petition apparently was not timely filed. The notice of opportunity for hearing

[ provided that petitions were to be aubmitted by September 1, 1978, and it does not appear that the instant petition was

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filed until late in October. In order to rule on an un-timely intervention petition, we must balance the factors

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specified in 10 CFR 52.714(a)(1) (i)-(v) and 52.714(d) to determine whether the petition should be entertained. At present, we have been provided with no information to assist us in making that determination.

We are today scheduling a special prehearing conference for Thursday, January 11, 1979. (That order is being supplied to Mr. McCaughan for his information.) At this conference, we intend to consider Mr. McCaughan's petition as well as the others previously submitted. Not later than 15 days prior to that conference - i.e. , by December 26, 1978 -

the petitioner may amend or supplement his petition with l

,l respect to the various matters described above, as well l as his contentions.

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u l IT IS SO ORDERED.

! THE ATOMIC SAFETY AND

LICENSING BOARD

, designated to rule on petitions for leave to intervene.

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{ Charles Bechhoefer, Chairman Dated at Bethesda, Maryland, this 17th day of November, 1978.

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