ML20092H123

Licensee Answer in Support of Notice of Voluntary Dismissal of Petition for Leave to Intervene.* Informs That Licensees Do Not Object to Dismissal of Proceedings. W/Certificate of Svc

ML20092H123
Person / Time
Site:	Palo Verde
Issue date:	02/03/1992
From:	Moss D ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR, NEWMAN & HOLTZINGER
To:	NRC COMMISSION (OCM)
References
CON-#192-12589 92-654-01-OLA-3, 92-654-1-OLA-3, OLA-3, NUDOCS 9202210029
Download: ML20092H123 (4)

Text

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Uhc UNITED STATES AMERICA HUCLEAR REOULATORY COMMISSION 92 TED 18 P2 30 Before Administrative Judgest g , q. , g .g t%CMim syngg; h P t. h t. h Robert H. Lazo, Chairman Jerry R. Kline Potor S. Lam

) Docket Nos. 50-528-OLA-3 In the Hatter of, ) 50-529-OLA-3

) 50-530-OLA-3

)

ARIEONA PUBLIC SERVICE COMPANY, ) ASLDP No. 92-654-01-OLA-3 et . als, )

) (Automatic Closure (Palo Verde Nuclear Oonorating ) Interlock for Shutdown Station, Units 1, 2 & 3) ) Cooling Valves)

)

February 3, 1992 LICENSEES' ANSWER IN SUPPORT OF NOTICE OF VOLUNTARY DISMISSAL OF PETITIO1Lf_QJt LEAVE _TO INTERVXRE On December 10, 1992 Arizona Public Service Company, et al. ("APS" or " Licensees") filed th6.r " Answer in Opposition to petition for leave to Intervene and Request for Hearing"

(" Licensees' Answer"). Licensees' Answer opposed a " Petition for Leave to Intervene and Roquest for Hearing" submitted by Allan L.

Mitchell and Linda E. Mitchell dated November 25, 1991

(" Petition"). The Petition relates to a proposed amendment to each of the operating licensees for the three Palo Verde units which was noticed in the Federal Register at 56 Fed. Reg. 55,942 (Oct. 30, 1991). NRC Staff filed a Response on December 13, 1991 which opposed Petitioners' motion to intervene, but concluded l that Petitioners should be allowed to amend their Petition to set 1

forth with particularity the aspects of the proceeding as to J35,0 3

92o2210029 920203 PDR ADOCK 05000528 0 PDR

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which they wish to intervene, within seven days. NRC Staff Response at 6.

The Atomic Safety and Licensing Board (" Board") issued a " Notice of Prehearing Conference and Order Scheduling Filing of P192 dings" on January 3, 1992 (" Order"). In this Order, the Board required that " petitioners . . . shall file no later than January 27. 1992 a Supplemental Petition which must include a-list of the contentions which petitioners seek to have litigated in the hearing and which satisfy the requirements of paragraph lb)(1) of S 2.714 of the Commission's Rules of Practice." Order at 2. Additionally, the pleadings were "to be in the hands of the Licensing Board and other parties on the due date." Order at

3. Petitioners' failed to file a Suppleraantal Petition.

In a " Notice of Voluntary Dismissal of Petition for Leave to Intervene" dat.od January 27, 1992, Petitioners moved to voluntarily. dismiss these proceedings. _ Licensees do not object to the dismissal of these proceedings. Accordingly, they should be terminated.

Respectfully submitted,

$lM41 ~

Alvin H. Gutterm'an Deborah A. Moss Newman & Holtzinger, P.C.

1615 L Street, N.W.

Suite 1000 Washington, D.C. 20036 i

Attorneys for Licensees

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UNITED STATES OF-AMERICA NUCLEAR REGULATORY COMMISSION

'2 t il 18 P 2 30

) Docket Nos. 50-520-014 *,-

In the Matter of, ) 50-529-OLht 3; ucpgifs,-

) 50-530-OLAL3NG A <t evi' r -

bHANLH

)

ARIEONA PUBLIC SERVICE COMPANY, ) ASLBP No. 92-654-01-OLA-3 et al., )

) (Automatic Closure (Palo Verde Nuclear-Generating ) Interlock for. Shutdown Station, Units 1, 2 & 3) ) Cooling valves)

)

CERTIFICATE OF SERY1CE I hereby certify that copies of " Licensees' Answer in 1 Support of Notice of Voluntary Dismissal of Petition for Leave to Intervene," were served on the following by deposit in the United States mail,-.-first class, properly stamped and addressed, on the date~shown below.

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Adjudicatory File

-Washington,-D.C. 20555 (two copies).

Office of the Secretary

.U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief,-Docketing and Service Section I

(Original plus two copies)

' Administrative Judge Robert M. Lazo, Chairman-l Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge L Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building i 4350 East West Highway Bethesda, MD 20814

e. .

Administrative Judge Peter S. Lam Atomic Safety and Licensing Board U.S._ Nuclear Regulatory Commission ,

East West Towers Building 4350 East We's "ighway i Bethesda,.MD 10814 Edwin J. Reis, Esq.

Lisa:B. Clark, Esq.

Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 David K. Colapinto, Esq.

Counsel for Allen & Linda Mitchell Kohn, Kohn & Colapinto, P.C.

517 Florida Avenue, N.W.

Washington, D.C. 20001 Stephen M. Kohn, Esq.

Counsel for Allen & Linda Mitchell Kohn, Kohn & Colapinto, P.C.

517 Florida Avenue, N.W.

Washington, D.C. 20001 Nancy C. Loftin, Esq.

. Corporate Secretary and Corporate Counsel Arizona Public Service Company.

Post Office Box 53999 Mail Station 9068 Phoenix,-Arizona 85072-3999 b AN

[ Alvin H. Gutterman L

Deborah A. Moss Newman & Holtzinger, P.C.

1615 L Street, N.W.

Suite 1000 Washington, D.C. 20036 t February 3, 1992

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