ML20062J319

Reply in Opposition to Applicant 800925 Response to Author 800910 Petition to Intervene.Concedes Original Petition Was Inadequate But Second Petition Timely Filed.Requests Full Party Participation.Certificate of Svc Encl

ML20062J319
Person / Time
Site:	Callaway
Issue date:	10/01/1980
From:	Jeffrey Reed AFFILIATION NOT ASSIGNED
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8010090048
Download: ML20062J319 (3)

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e UNITED STATES CF AFJRICA jh I-7 ~kA  %,

NUCIIAR RECULATCRY CCMCSSICN w N %.  !

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BEKRE THE CCFylSSION N M y

In the atter of )

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UNIm ELECTRIC CC)PANY ) Docket Nos. STN 5N.83

) SIN 50-486 (Callaway Plant, Units 1 and 2) )

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PEIITIGER'S RIPLY TO APPTICANT'S ANSWER, DATED 25 SEPTEMBER 1980 Petitioner's original commnication with the Cesaission was the result of a news article appearing in the Fulton Daily Sun Gazette, a local newspaper in Callaway County, Missouri. Formal requirements of 10 CFR, PART 2, 2.714 were not known at that time by Mr. Reed.

Therefore, the undersigned does not contest the issue of failure of his original petition to meet the criteria established in the above referenced document.

Mr. R,eed, however, does not agree that failure to meet said requirements should bar intervention in these proceedings. Such contention is supported, in part, by Counsel for the N.R.C. Staff, in his PESPWSE CF IHE !.TtC STAFF TO PETITION FILED BY JG3 G. REED, dated 25 September 1980, which stated in Part III, CGCLUSIm "Accordingly, the staff believes that the petition should be denied without prejudice to its timely renewal, as detemined by the board........The Staff reccanends that petitioner be afforded an opportunity to refile its petition within twenty-one days after a duly appointed board has initially mied upon the petition."

Petitioner is currently drafting a RENEWAL OF PETITICN KR LEAVE TO D." ERVEE which should comply with the provisions of 10 CFR; PART 2, 2.714 and such other objections indicated in the above mentic.ed responses to Mr. Reed's original petition. Such renewal and/or resubmission of petition to intervene being subject to the approval of the duly appcinted board established to mle on such matters.

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' As a matter of record, Mr. Reed has sumitted a see:cd petition to l the Ccmission identified as "PETITICN FUE LFAVE TO INERVENE" in these proceedings. This petition was hastely prepared following receipt of a telephone call from the NRC Staff Counsel (the same telephone call identified in APPLICANT'S MSWER TO 5E PETITIN OF JCh3 G. RED) in an atten:pt to meet the provisions of 10 CIR, PART 2, 2.703 and 2.712. Petitioner concedes the fact that this second correspondence does not meet the requirements of 10 CFR; 2.714.

In light of the recomendations of the NRC Staff in regard to Mr. Reed's original petition, and in anticipation of a favorable ruling by the board to be appointed, the underaigned will not appeal an order refusing per=ission to intervene under the auspices of the second petition identified as " PETITION FCR UAVE TO INTIRVENE",

dated 22 September 1980.

Petitioner is knowledgeable of the provisions of 10 CFR; 2.715 (a),

(b),and(c). While participation in a ncm-party capacity in these proceedings is preferable to ncn-participation; it is felt that full party status will best serve the petitioner's interest (as explained in the pending renewal of petition to intervene, mentioned above),

the utility's interest and that of the Nuclear Regulatory Cor=ission

, as regards the health and safety of the public.

Respectfully submitted,

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Jchn G. Reed Citizen of the United States of America l e RFD #1, Kingdom City

, Callaway County Misscuri l

(314) 642-2769 l

i 4 . Dated: 01 October 1980 1 ,

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i UNITED STA33 CF AFERICA NUCLEAR RECULATORY CCFr.SSICH BEFCPI M E CC WISSIOi In the Patter of )

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UNICN ELECTRIC CC)PANY ) Docket Nos. Sri 50-433

) SD: 50-486 (Callaway Plant, Units 1 and 2) )

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_C2R'"IFICATE CF SERV!CE I hereby certify that cepies of the foregoing " Petitioner's Reply -

to Apelicant's Answer" were served this Olst day of October,1980, by deposit in the U.3. :: ail, first class pestage precaid, upon the following:

Atomic Safety and Licensing Scard Panel

".S. ::uclear Regulatory Cc::=issicn Nashingten, 3.0. 2C555 Docketing and Service Section Cffice cf the Secretary U.S. Nuclear Regulatory Corcission Washington, D.C. 20555 Roy P. Lessy, Jr. Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Cor:::ission Washington, 0.0. 20555 Gerald Charnoff, Esq.

Mou:as A. Saxter, Esq.

Shaw, Pittman, Pctts & Trowbridge 1800 M Street, N.W.

, Washingten, D.C. 20036

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. ,hn G. Reed k .Aizen of the United States

{ .? America

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