ML20064E505

Request by Comm Ed for Leave to File a Response to NRDC Brief Which Argues That Organizations May Show Standing to Participate in NRC Proceedings Merely by Alleging That They Represent Anonymous Members.Cert of Svc Encl

ML20064E505
Person / Time
Site:	Dresden, Quad Cities
Issue date:	10/30/1978
From:	Steptoe P ISHAM, LINCOLN & BEALE
To:
References
NUDOCS 7811200070
Download: ML20064E505 (2)

Text

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@ g 5 NO.V Tr. .rt::::- 21873[M M v UNITED STATES OF AMERICA g NUCLEAR REGULATORY COMMISSION ,

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In the Matter of ) (

) Docket No A 50-237)

COMMONWEALTH EDISON COMPANY, ) 50-249 et al. ) 50-254

) 50-265 .

(Amendments to Facility ) -

Operating License) )

• COMMONWEALTH EDISON COMPANY'S - - ,

REQUEST FOR LEAVE TO FILE A RESPONSE __

On September 20, 1978, Citizens for a Better En-vironment ("CBE") and Natural Resources Defense Council

("NRDC") filed a joint petition for leave to intervene in the above-captioned proceeding. On October 10, Commonwealth Edison Company (" Edison") filed an answer requesting that this petition be denied on the grounds that neither organ-ization has identified "with particularity" their interest in the proceeding.

On October 10, 1978, NRDC filed a motion for leave to file a response to Edison's answer and to the NRC Staff's answer. This Board granted NRDC's motion on October 13, without giving Edison an opportunity to respond to the mo-tion.

NRDC has filed a brief which argues frem con-l stitutional principles that organizations may show standing to participate in NRC proceedings merely by alleging that 7811200U7c 6

they represent anonymous members who may be affected by the proposed action. The constitutional itsues raised by NRDC were not addressed in Edison's answer. Further, NRDC's argument, if accepted, would result in a significant de-parture from the contemporary concepts of judicial standing which govern NRC licensing proceedings. See, e.g., Sierra Club v. Morton, 405 U.S. 727 (1973); Allied-General Nuclear Services (Barnwell Fuel Receiving and Storage Station),

ALAB-328, 3 NRC 420 (1976).

Because the issues identified by NRDC in its brief are so important, Edison hereby requests permission to file a reply. Since NRDC's response was filed by mail, we re-quest 15 days from October 23 until November 7, 1978.

Respectfully submitted, Te '

Philip P. Skeptoe, Oqe of the Attorneys for Commonwealth Edison Company October 30, 1978 ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312) 786-7500 8

-6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) Docket Nos. 50-237 T COMMONWEALTH EDISON COMPANY, ) 50-249 et al. ) 50-254

) 50-265 (Amendments to Facility )

Operating License) ) ,

CERTIFICATE OF SERVICE I, Philip P. Steptoe, hereby certify that copies of COMMONWEALTH EDISON COMPANY'S REQUEST FOR LEAVE TO FILE A RESPONSE in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 30th day of October, 1978:

Secretary of the Commission Mr. Gary L. Milhollin U.S. Nuclear Regulatory 1815 Jefferson Street Commission Madison, Wisconsin 53711 Washington, DC 20555 Attn: Docketing and Service Mrs. Elizabeth B. Johnson Union Carbide Corporation Mr. Richard Goddard Nuclear Division Office of the Executive Legal P. O. Box X ,

Director Oak Ridge, Tennessee 37830 U.S. Nuclear Regulatory Commission Dr. Quentin J. Stober Washington, DC 20555 Fisheries Research Institute University of Washington Ks. Susan N. Sekuler Seattle, Washington .98195 Assistant Attorney General 188 West Randolph Street Mr. Anthony Roisman Suite 2315 Natural Resources Defense Chicago, Illinois 60601 Council 917 15th Street, N.W. ,

Washington, DC 20005 1

\ .. m W Philip P.hpteptoe N