ML20063P401
| ML20063P401 | |
| Person / Time | |
|---|---|
| Site: | Skagit |
| Issue date: | 10/06/1982 |
| From: | Thomsen F PERKINS, COIE (FORMERLY PERKINS, COIE, STONE, OLSEN, PUGET SOUND POWER & LIGHT CO. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8210130367 | |
| Download: ML20063P401 (3) | |
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DOCKETED USHRC T2 00712 R2:i0 OFFic.i cF SECRii,t.f"7 ANCH UNITED STATES OF N4 ERICA NUCLEAR REGULATORY COMMISSION t
BEFORE THE ATO4IC SAFETY AND LICENSING APPEAL BOARD In the Matter of PUGET SOUND POWER & LIGHT
)
COMPANY, et al.
)
Docket Nos. STN 50-522
)
STN 50-523
)
(Skagit/Hanford Nuclear
)
October 6, 1982 Project)
)
APPLICANTS' RESPONSE TO APPEAL BY COLUMBIA RIVER INTER-TRIBAL FISH COMMISSION on May 5, 1982, the Columbia River Inter-Tribal Fish Commission (CRITFC) submitted an untimely petition to intervene in the above-captioned proceeding and later filed a supplement to that petition.
The Applicants opposed intervention by CRITFC on the grounds that CRITFC had not demonstrated a 1 Petition to Intervene (May 5, 1982); Response of the Columbia River Inter-Tribal Fish Commission to July 2,
- 1982, Memorandum and Order of the Atomic Safety and Licensing Board (July 16, 1982); Columbia River Inter-Tribal Fish Commission's Second Supplement to Petition to Intervene (July 16, 1982); and Columbia River Inter-Tribal Fish Commission's Motion for Admission of Second Supplement to Petition to Intervene (July 16, 1982).
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PDR ADOCK 05000522 l
O PDR Dsot
oo cognizable interest that may be affected by the proceeding and that a balancing of the five factors governing untimely petitions under 10 CFR $ 2.714(a) did not weigh in favor of intervention by CRITFC.
In a Memorandum and Order dated September 3, 1982, the Licensing Board ruled that CRITFC had not demonstrated any standing and accordingly denied the petition to intervene.3 CRITFC has now filed an appeal of the ruling by the Licensing Board.4 Given the information that was presented to it by CRITFC, the Licensing Board correctly determined that CRITFC had not demonstrated standing to intervene in this proceeding.
Nevertheless, the Applicants have decided not to oppose the appeal by CRITFC.
This decision is based upon several factors, the dominant one being the Applicants' concern for maintaining the schedule for this proceeding.
Five months have already passed since the time when CRITFC submitted its first 2 Applicants' Response in Opposition to Untimely Petition to Intervene by Columbia River Inter-Trihal Fish Commission (May 19, 1982); and Applicants' Response in Opposition to Columbia River Inter-Tribal Fish Commission's Motion for Admission of Second Supplement to Petition to Intervene (July 30, 1982).
3 emorandum and Order in Response to Petitions to M
Intervene by Columbia River Inter-Tribal Fish Commission and Yakima Indian Nation (September 3, 1982).
4Notice of Appeal by Petitioner Columbia River Inter-Tribal Fish Commission with accompanying Memorandum in Support of Appeal of the Columbia River Inter-Tribal Fish Commission (September 23, 1982). s
petition.
Additional months would undoubtedly be consumed if the Applicants contested this appe.l and any subsequent appeal to the courts, not to mention the prospect of additional delay associated with a possible remand to the Licensing Board for a ruling on the timeliness question.
Moreover, a previously admitted interventor in this proceeding has recently submitted a list of contentions that essentially encompasses all of the contentions proferred by CRITFC.
Consequently, although the Applicants believe that the previously-raised objections to intervention by CRITFC were well-founded, the Applicants hereby withdraw those objections and will not oppose the appeal by CRITFC.
Date:
October 6, 1982.
Respectfully submitted, PERKINS, COIE, STONE, OLSEN & WI IAMS By M
A F. Theodore Thomsen Attorneys for Applicants 1900 Washington Building Seattle, Washington 98101 Phone (206) 682-8770 Of Counsel:
David G.
Powell Steven P.
Frantz Lowenstein, Newman, Reis & Axelrad 1025 Connecticut Avenue, N.W.
Washington, D.C.
20036 (202) 862-8400 5 upplement to Petition to Intervene by Confederated S
Tribes and Bands of the Yakima Indian Nation (September 29, 1982). s