ML20080K581
| ML20080K581 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  |
| Issue date: | 09/26/1983 |
| From: | Rader R CONNER & WETTERHAHN, Public Service Enterprise Group |
| To: | Carpenter J, Mark Miller, Morris P Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8309290250 | |
| Download: ML20080K581 (9) | |
Text
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LAW OFFICES CONNER & WETTERHAHN. P.C.
Uhc0 1747 PENNSYLVANIA AVENUE. N. W.
Tcov s. CONNER, JM.
WASif1NOTON. D. C. 20000
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0FFICE OF SEstaupa aaoo September 26, 1983 00cxET p
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Marshall E. Miller, Chairman Dr. James H. Carpenter Atomic Safety and Licensing Atomic Safety and Board Panel Licensing Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington /sD.C.
20555 Dr. Peter A. Morris Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission j
Washington, D.C.
20555 In the Matter of Public Service Electric and Gas Company (Hope Creek Generating Station)
Docket No. 50-354-OL Gentlemen:
Enclosed is a copy of N.J.A.C.
Title 15A, which we inadvertently failed to attach to our Answer served Septem-ber 24, 1983.
Sincerely, Robert M. Rader cc:
Service List 8309290250 830926 PDR ADDCK 05000354 o
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TITLE 15A 0FFICE OF SECRETAF'>
00CKETING A SERV!U.
DEPARTMENT OF THE PUBUC ADYddNTE t
i SUBTTTLE A.
DIVISION OF PUBLIC INTEREST ADVOCACY e
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CHAPTER 1
- W PUBLIC INTEREST ADVOCACY CHAPTER TABI.E OF CONTENTS SUBCHAPTER I.
PRACTICE AND PROCEDURE I
15 A:1 1.1 Scope of rules 15 A:1 1.2 1.ibersi construction of provisions 15 A:1 1.3 Practice where rules do not govern 15A:1 1.4 Jurisdiction 15A:1 1.5 "Public interest" defined 15A:11.6 Decision to represent particular public interest 15A:11.7 Public information. subnussions and requests SUBCHAPTER 1.
PRACTICE AND PROCEDURE Authority Unless otherwise expressly noted, all provuions of this subchapter were adopted pursuant to authonty of N.J.S.A. 52:27E-1 et seq. and were filed and became effective on September 23,1977, as R.1977 d.362. See: 9 NJ.R. 347(a). 9 NJ.R. 541(b).
15A:1 1.1 Scope of rules The following provisions shall govem the practice and procedure of the Division of Public Interest Advocacy in the Department of the Public Advocate (hereafter " division").
15A:1 1.2 Liberal construction of provisions The provisions shall be liberally construed to permit the division to discharge its statutory functions.
15A:1 1.3 Practice where rules do not govern (a) ne Public Advocate may rescind, amend or expand these rules from time to time as necess'ary to comply with NJ.S.A. 52:27E.28 et seq.;and such new rules shall be filed with the Secretary of State.
(b) In any matter not govemed by these rules, the Public Advocate shall exercise his sole discretion.
15A:1 1.4 Jurisdiction ne division may represent the public interest in administrative and court proceedings, pursuant to NJ.S.A. 52:27E.28, et seq. H e scope of representation may include, but not be limited to, investigations, negotiations, proposed rulemaking and litigation on behalf of either plaintiff or defendant.
Utigation includes intervention in administrative or court proceedings, and i
11-(41016)
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j 15A:1 1.5 PUBLICINTEREST ADVOCACY l
anucus representatfor. in such proceedings.
v 15A:1 1.5 "Public interest" deSned "Public interest" is an interest or right arising from the Constitution, decisions of court, common law or other laws of the United States or of this State inherms in the citizens of this Rate or in a broad class of such citizens.
15 :1 1.6 Decieica to represent particular public interest (a)1he division rnay not represent the public interest without the approval of the Public Advocate. The Public Advocate shall have sole discretion to j
represent or refrain from representing the public interest in any proceecmg.
- 1. In determining the importance of the public interest involved, the Public Advocate may consider one or all of the following:
- 1. Whether the issue affects the health, safety or general welfare of the citizens affected;
- 11. Whether the issue concems govermental operations at either the Federal, State, county or municipal level which. if unresolved, wiH impair the quality of government services to the citizens affected;or otherwise affect the l
relationship of citizens to government; iii.Whether the issue has a substantial economic impact on the citizens affected;
,l iv. Whether the issue has a substantial economic impact on municipal, county, State or Federal govemment;
- v. Whether the issue may have substantial precedential value; and vi. Whether the issue otherwise substantially r,ffe:ts the quality oflife for the citizens affected.
- 2. In determming the extent of the public interest involved, the Public Advocate shan consider whether the number of citizens affected in the particular action or its resolution is substantial.
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- 3. In determmmg whether the public interest would be adequately represented without the action of the department, the Public Advocate may consider one or an of the following:
- 1. Whether that interest is being fully represented by private parties; the Public Advocate may determine to become involved even if the primary parties to the dispute are represented, if such parties may not represent the full publicinterest in the dispute; H. Whether the citizens affected are members of a group, association, or political subdivision which can practicaDyprovide representation and such group representation will fully represent the public interest as weH;and lii. Whether the citizens affected have sufficient financial abiHty or incentive to retain competent counsel.
- 4. The Public Advocate may refrain from representing any public 12 (41017)
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15A:1 1.7 i
interest if it appears the cost of representation to the State substantially l
outweighs the public interest involved.
- 5. Where several public interests are involved in a single dispute or litigadon, the Public Advocate may examine enchinterest and elect to represent one interest.
- 6. Where there are several conalcting public interests involved in a single dispute or litigation, the Public Advocate may choose to have the division represent one interest and arrange for separate representation of the conflicting interest or interests. Alternatively, the Public Advocate may choose to refrain from representing any of the competing interests.
15A:11.7 Public information, subrnissions and requests (a) The division has no formal procedures or forms for making requests for legal representation or requesting information. Such requests shall be made by writing to the departmental headouarters in Trenton specifying the nature of the request or informa*fon desired. Denials of any requests for legal representation or information shall be in writing and shall specify the reasons for the denial.
(b) Any citizen who for whatever reason contacts the division in writing shall receive a prompt reply.
(c) Any person who is aggrieved by a decision of the Public Advocate made pursuant to subsections (a) and (b) of this section, and w.to wishes to seek modification or reversal of such decision shall request reconsideration by writing to departmental headquarters in Trenton specifying the basis upon which reconsideration is sought. There shall be a prompt written reply to the request for reconsideration which shall be responsive to the grounds asserted in the request and which shall set forth in detail the basis of the decision on reconsideration. The decision on reconsideration shall constitute the final agency determination.
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UNITED STATES OF AMERICA 00LKETED N
NUCLEAR REGULATORY COMMISSION
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Public Service Electric and
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Gas Company
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ggF-DEF t.lA F -
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Docket No.
(Hope Creek Generating
)
BRANC Station)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Applicant in the captioned matter.
In accordance with 52.713, 10 C.F.R. Part 2, the following information is provided:
Robert M. Rader Name Conner & Wetterhahn, P.C.
l Address Suite 1050 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 202/833-3500 Telephone Number Supreme Court of the United Admission States United States Court of Appeals District of Columbia Circuit Public Service Electric and Name of Party Gas Company Notice is further given pursuant to S2.708, 10 C.F.R. Part 2, that service upon the Applicant should be made upon the undersigned.
I s
Robert M.
Rader~
Dated at Washington, D.C.,
this 3
day of
, 1983.
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00LKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3 SEP 28 P2:45 Public Service Electric and
)
0FFICE OF SEChl[Ar Gas Company
)
00CKETING & SERVtD
)
Docket No. 50-3 M E (Hope Creek Generating
)
Station)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Applicant in the captioned matter.
In accordance with S2.713, 10 C.F.R. Part 2, the following information is provided:
Troy B. Conner, Jr.
Name Conner ~& Wetterha'hn, P.C.
Address Suite 1050 1747 PennsylvaniaiAvenue, N.W.
Washington, D.C.
20006 202/833-3500 Telephone Number s
Supreme Court of the United Admission States United States Court'of Appeals District of Columbia Circuit Public Service Electric and Name of Party Gas Company Notice is further given pursuant to S2.708, 10 C.F.R. Part 2, that service upon the Applicant should be made upon the undersigned.
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Conner, Jr.
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Dated at Washington, D.C.,
this 7d N day of hsf
- h, 1983.
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00LKETED USNRC UNITED STATES.OF AMERICA
)
NUCLEAR REGULATORY COMMISSION i
0FFICE OF SECRtiTAn -
.Before the Atomic Safety and Licensing Qf%C D
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i Public Service Electric and
)
Gas Company
)
)
Docket No. 50-354-OL (Hope Creek Generating
)
Station)
)
CERTIFICATE OF SERVICE f
I hereby certify that copies of " Notice of Appearance for Troy B.
- Conner, Jr."
and " Notice of Appearance for Robert M. Rader," dated September 26, 1983 in the captioned matter has been served upon the following by deposit in the.
United States mail this 26th day of September, 1983:
4 J
f Marshall E. Miller Atomic Safety and Chairman Licensing, Appeal Panel Atomic Safety and U.S. Nuclear Regulatory Licensing Board Panel Commission l,
U.S. Nuclear Regulatory Washington,LD.C.
20555 i'
Commission Washington, D.C.
20555 Atomic Safety and 4
. Licensing Board Panel Dr. Peter A. Morris.
U.S. Nuclear Regulatory m
Atomic Safety and Commission Licensing Board Panel Washington,.D.C.
20555~
i U.S. Nuclear Regulatory Commission Docketing and Service i
Washington, D.C.
20555 Section Office of the Secretary Dr. James H.. Carpenter U.S. Nuclear Regulatory
- Atomic Safety and Commission-Licensing Board-Panel Washington, D.C.
20555 l
U.S. Nuclear Regulatory Richard J. Goddard, Esq.
i Commission Office-of the Executive Washington, D.C.
20555 Legal Director i
- Theodore C. Granger U.S. Nuclear Regulatory-Deputy Public Advocate-Commission j
Department ~ of the :Public Washington, D.C.
20555 4 ',
Advocate-('
Division of Rate Counsel 744' Broad Street i
30th Floor Newark, New Jersey 07102 lI d
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Richard Fryling, Jr., Esq.
Associate General Counsel Public Service Electric &
Gas Company P.O. Box 570 (TSE)
Newark, NJ 07101 Theordore C. Granger, Esq.
Deputy Public Advocate State of New Jersey Department of the Public Advocate Division of Rate Counsel 744 Broad Street 30th Floor Newark, NJ 07102 b?Lsr Ba Robert M. RadEr
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