ML20072N502

Response Opposing Rf Walker 830630 Request to Intervene. Granting of Intervenor Status Unmerited.Certificate of Svc Encl

ML20072N502
Person / Time
Site:	Beaver Valley
Issue date:	07/13/1983
From:	Silberg J DUQUESNE LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8307150343
Download: ML20072N502 (5)

Text

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g C':c UNITED STATES OF AMERICA $ JUL d NUCLEAR REGULATORY COMMISSION 7 4 7003 > b Before the Atomic Safety and Licensing Board %(-

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DUQUESNE LIGHT COMPANY, ET AL. ) Docket No. 50-412

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(Beaver Valley Power Station, ) (Operating License)

Unit 2) )

APPLICANTS' RESPONSE TO LETTER OF RALPH F. WALKER By letter dated June 30, 1983, Ralph F. Walker stated his "wish to intervene in the licensing process of Beaver Valley 2 Nuclear Power Plant at Shippingport, Pennsylvania 15077." Mr. Walker's letter included several statements concerning Beaver Valley Power Station, Unit 1, and attached several newspaper clippings, some of which appear unrelated to nuclear power and most of which are unrelated to Beaver Valley Power Station, Unit 2. The letter concluded by urging the Licensing Board "to never license Beaver Valley Unit 2 as a Nuclear Power Plant but instead to alter the design so as'to make it into a coal fired facility."

From the letter, Applicants surmised that Mr. Walker might be interested in making a limited appearance statement rather than becoming a full intervenor. To ascertain Mr. Walker's intentions, Applicants' counsel called Mr. Walker and asked 8307150343 830713 gDRADOCK 05000412 PDR 3 303 '

o whether he wished to participate through a limited appearance. Mr.

Walker only indicated that he " intended to play it by ear."

As a petition to intervene, Applicants believe t. hat Mr. Walker's letter does not meet the requirements of 10 C.F.R. 52.714. The letter does not " set forth with particularity" Mr. Walker's interest in the proceeding, b! or how that interest may be affected. Nor does his letter address the factors set forth in 10 C.F.R. S2. 714 (d) .

Since Mr. Walker may amend his filing in accordance with 10 C.F.R. S2. 714 (a) (3) , as well as supplement it with the required statement of contentions and bases pursuant to 10 C.F.R. S2. 714 (b) ,

Applicants reserve their right to further address the adequacy of

, Mr. Walker's filing should he amend or supplement it. Based upon the present pleading, Applicants would, of course, not object to Mr. Walker becoming a participant under 10 C.F.R. 52. 715 (a) . However,

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Many of Mr. Walker's statements appear to relate to his economic interest as a rate payer. This.is not sufficient to confer standing. Portland General' Electric o C'mpany, (Pebble Springs Nuclear Plant, Units 1 and 2) , CLI-76-27, 4 N.R.C. 610, 614 (1975). Mr. Walker's interest in converting Beaver Valley Power Station, Unit 2 to a coal fired facility would fall out-side the scope of this proceeding, 10 C.F.R. 551.21 (alternate energy sources), as would his interest in Unit 1.

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we do not believe that his letter supports the granting of inter-vention status.

. Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE t

By: A P .

N ay E.' Silberg f Counsel for Applicants j 1800 M Street, N.W.

Suite 900, South Lobby Washington, D.C. 20036 Telephone: (202) 822-1000 Dated: July 13, 1983 l

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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DUQUESNE LIGHT COMPANY, ET AL. ) Docket No. 50-412

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(Beaver Valley Power Station ) (Operating License)

Unit 2) )

! CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to Letter of Ralph F. Walker" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 13th day of July, 1983.

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ay{E. Silberg g Dated: July 13, 1983 e

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UNITED STATES OF AMERICA i NUCLEAR REGULATORY COMMISSION 4

Before the Atomic Safety and Licensing Board In the Matter of )

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DUQUESNE LIGHT COMPANY, ET AL. ) Docket No. 50-412

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(Beaver Valley Power Station ) (Operating License)

Unit 2) )

SERVICE LIST Morton B. Margulies, Chairman Atomic Safety and Licensing

Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory i Washington, D.C. 20555 Commission Washington, D.C. 20555

! Administrative Judge Ernest E. Hill 210 Montego Drive Atomic Safety and Licensing Danville, CA 94526 Appeal Board Panel U.S. Nuclear Regulatory Administrative Judge Paul W. Purdom Commission 235 Columbia Drive Washington, D.C. 20555 Decatur, GA 30030 Docketing and Service Section Robert Perlis, Esquire Office of the Secretary Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Ralph Walker 1518 Fifth Street j New Brighton, PA 15066 ,

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