ML20076L712

Answer to Gs White 830627 Petition to Intervene.White Set Forth Adequate Interest.Judgment Reserved on Whether Intervention Should Be Granted Pending Filing of Petition Suppl.Certificate of Svc Encl

ML20076L712
Person / Time
Site:	Beaver Valley
Issue date:	07/15/1983
From:	Silberg J DUQUESNE LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8307190284
Download: ML20076L712 (4)

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UNITED STATES OF AMERICA Ni h NUCLEAR REGULATORY COMMISSION ggm S

Before .the Atomic Safety and Licensing Board vg h% /'/,y,

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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) )

APPLICANTS' ANSWER TO GEORGE,S. WHITE PETITION FOR INTERVENTION ON LICENSING OF BEAVER VALLEY NO. 2 In a filing dated June 27, 1983, George S. White " petition [ed]

to become an ' intervener (sic] in the proceedings advertised by your

~ Commission to issue a preliminary license to CAPCO and/or_DUQUESNE LIGHT for operation of a 900 kilowatt [ sic] nuclear plant known as Beaver, Valley No. 2; . ." Mr. White states that his residences are less than 900 feet from the cooling tower for Beaver Valley Power Station,. Unit 2, and that the Unit 2 reactor is less than 1500 feet from his property.

-Applicants believe that Mr. White has adequately set forth his interest in:the proceeding -1/ and the aspects of the subject matter -

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-Mr. White's transmittal letter states that his petition "is being filed'in behalf of myself and other residents of Shippingport."

.(emphesis add d)' Mr.- White does not have authority to represent "other residents in Shippingport." Individual parties cannot act as

-private attorneys general. Long Island Lighting Co. ~(Shoreham Nuclear Power Station, Unit 1) , _LBP-77-ll, 5 N . R. C . 4 81, 484 (1977).

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k' as to which he wishes to intervene. -Applicants reserve their judg-ment on whether Mr. White should be entitled to intervene pending the required filing of a supplement to his petition pursuant to 10 C.F.R. S2.714(b).

Applicants request that any further filings by Mr. White be properly served by him on Applicants' counsel. -2/

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 4

By:

L V Jay E. Silberg{

V 3 Counsel for Applicants 1800 M Street, N.W.

Suite 900, South Lobby

, Washington, D.C. 20036 Telephonei (202) 822-1000 Da ted: July 15, 1983

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Mr. White did not serve his pet.ition on : Applicants' counsel, as he was required to do by the Notice of Opportunity for Hearing, 48 Fed. Re g. 24488,.24489 (June 1, 1983). Had the petition been

_ properly served, Applicants' answer'would'have been due on July 12,-

1983 inJaccordance with 10 C.F.R. SS2. 710, 2. 712 (d) and 2. 714 (c) .

' Since Applicants were served Mr. White's petition by the NRC at some: later time (it was received on July 11, 1983) , Applicants' response should be considered timely.

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UNITED STATES OF AMERICA 4

NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board l 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' Answer to George F. White Petition for Intervention on Licensing of Beaver Valley No. 2" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 15th day of July, 19 83.

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IJay E.' Silberg I v

Dated: July 15, 1983 J

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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 Lii:ense)

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 Washington, D.C. 20555 Commission Washington, D.C. 20555 Administrative Judge Ernest E. Hill 210 Mohtego 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 George F. White P.O. Box 5 8 Shippingport, PA 15077 i.

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