ML20071H017
| ML20071H017 | |
| Person / Time | |
|---|---|
| Site: | Washington Public Power Supply System |
| Issue date: | 05/20/1983 |
| From: | Hartman S DEBEVOISE & LIBERMAN, WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8305240465 | |
| Download: ML20071H017 (6) | |
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'83 tmy go p;;33 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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WASHINGTON PUBLIC POWER
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SUPPLY SYSTEM
) Docket No. 50-460-OL
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(WPPSS Nuclear Project No. 1)
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APPLICANT'S MEMORANDUM REGARDING PETITIONER'S STANDING TO INTERVENE On April 26, 1983, the Licensing Board in the cap-tioned proceeding issued a Memorandum and Order in which i
it ruled that petitioner had until May 6, 1983 to disclose the name and address of at least one of the individuals not identified on the record upon whom petitioner pur-portedly based its representational standing to intervene.
Disclosure was to be made pursuant to a Protective Order issued by the Board on March 15, 1983, which provided that unless petitioner disclosed the identities of the indi-viduals referred to but not identified in its September 11, 1982 request for hearing and petition to intervene, petitioner would be foreclosed from relying on those in-dividuals to establish representational standing.
Petitioner did not file any response to the Protec-tive Order.
As provided for in the April 26 Memorandum and Order,'the Washington Public Power Supply System 0305240465 830520 PDRADOCK05000g G
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0 (Appl'ica-nt) hereby submits its views on the question of petitioner's standing to intervene in this proceeding in light of the failure of petitioner to respond to the Pro-tective Order.
As a result of petitioner's failure to respond to the Protective Order, its standing to intervene in this pro-ceeding may not be based on the undisclosed individuals to whom petitioner referred in its September 11, 1982 request for hearing and petition to intervene.
The March 15 Memo-randum and Order provides in this regard that if petitioner fails to comply with the terms and conditions of the Protective Order by disclosing the identity of those individuals, petitioner "shall be foreclosed from relying on any individuals referred to in its request for hearing and petition for leave to intervene and not iden-tified on the public record to establish its representa-tional standing to participate in this proceeding."1 In view of the foregoing, it ic now clear that if petitioner has any representational standing to intervene in this proceeding, its standing must rest solely on the j
interests of Larry Caldwell, the only member of petitioner that the record reflects authorized it to represent his interests in this proceeding.
However, that individual 1
Washington Public Power Supply System (WPPSS Nuclear Project No. 1), Memorandum and Order (Reciting Actions Taken at Special Prehearing Conference and Issuing Protective Order),
ASLBP No. 82-479-06 OL, March 15, 1983 slip op. at 18-19.
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~ joined petitioner and granted such authorization well after the September 15, 1982 deadline, by which time requests for hearings and petitions to intervene were to e
be filed.
It was for this reason that Applicant argued in its February 23, 1983 " Response In Opposition to 'Coali-tion for Safe Power Five-Factor Test on Intervention --
February 11, 1983'" that the petition to intervene should be rejected because it was untimely and because petitioner failed to satisfy the requirements of 10 C.F.R. Sections 2.714(a)(1)(i)-(v).
The Board has noted its receipt of thic pleading and therefore Applicant does not intend to rehearse the legal arguments set forth therein.2 The Board has already ruled that the Rosolie and Caldwell affidavits are insufficient to demonstrate stand-ing in this proceeding.3 However, Applicant understands that the Board has yet to rule on whether petitioner satisfied the five-factor test governing untimely inter-vention petitions, which is now clearly applicable in the l
instant case, but that it will do so shortly.4 Accord-i ingly, Applicant hereby reaffirms the arguments set forth 2
Id. at 14.
3 Id. at 8.
4 Id. at 14-15.
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- . in its February 23, 1983 Response and urges that the un-timely petition to intervene be denied and this proceeding dismissed.
Respectfully submitted, Aid (W Nicfiolas S.
Reynold's Shnford L.
IIar tman DEBEVOISE & LIBERMAN 1200 Seventeenth St.,
N.W.
Washington, D.
C.
20036 202/857-9817 Counsel for Applicant May 20, 1983
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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WASHINGTON PUBLIC POWER
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Docket No. 50-460-OL SUPPLY SYSTEM
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(WPPSS Nuclear Project No. 1) )
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Appli-cant's Memorandum Regarding Petitioner's Standing to Intervene" in the captioned matter were served upon the following persons by deposit in the United States mail, first class, postage prepaid this 20th day of May, 1983:
Herbert Grossman, Esq.
Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Board Licensing Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Mitzi A. Young, Esq.
Glenn O.
Bright Office of the Executive Atomic Safety and Licensing Legal Director Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Chairman, Atomic Safety and Dr. Jerry Harbour Licensing Board Panel Atomic Safety and I.icensing U.S. Nuclear Regulatory Board Commission U.S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555
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' Mr. Gerald C.
Sorensen Nicholas D.
Lewis, Chairman Manager of Licensing Energy Facility Site
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Washington Public Power Evaluation Council Supply System State of Washington 3000 George Washington Way Mail Stop PY-ll Richland, Washington 99352 Olympia, Washington 98504 Mr. Scott W.
Stucky Mr. Eugene Rosolie Docketing & Service Branch Coalition for Safe Power U.
S.
Nuclear Regulatory Suite 527 Commission 408 South West 2nd Washington, D.
C.
20555 Portland, Oregon 97204 sanSbrd L.
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