ML20125B378

Order Denying Leave to Intervene & Granting Permission to Make Limited Appearance

ML20125B378
Person / Time
Site:	Monticello
Issue date:	05/18/1967
From:	Murphy A Atomic Safety and Licensing Board Panel
To:	NORTHERN STATES POWER CO., US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9212090335
Download: ML20125B378 (4)

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J n tM M .tter of ca /V(o WOTIIiU OTAT'.'3 TC..*Eit CO::I%ITI C chet '1 "'s .

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4 OI(DER DE:1YII:3 LEAVE TO IllTI:IW6:IE .I A!!D GRAITf1NG PEFRICSIO!! TO MAKE A LIMITED ATI F/ dud'CE s

.i,.s On April 21, 1967, the Atomic Encrcy Comiccitn incued a notice of hearing on the application by Northern Otates Power Company (" Applicant") for a provisional con-struction permit for a boiling unter nuclear reactor to be located at a cite appror.imately three r.iles northuent of Monticello, Minnecotu. The hearing in cohedaled to begin at 9:00 a.m. en May 29, 1967.

The notice of hearing provided that petitione fer leave to intervene, purcuant to the provicionc of Section 2.714 of the Ccmmiccion'c " Rules of Practice" must be re-ceived in the Office of the Secretary or in the Comic-cion's public Docunent iloom no later than ::ay 12, 1967 The notico of hearing also provided that any personc who wish to make oral cr uritten ctatements cencerning the iccucc apecified in the notice of hearing, but who do not wish to file a petition to intervene, may request per.ticsion to rake Ec a , .J -,~ 4t 9212090335 670518 PDR ADOCK 05000263 P PDR

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i a 13rji.ed appearnate rwnuant to the provisicr.n of Ductien p.719 of the Co:.rJ asica's "Rulen of 3ractice."

l PJ 1etter hted May lo, -1[A7, John Tc~,cr ,

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("Petitiencr"), 315 tenth' Avenue Horth, Hophino, Minn seta

! 555b3, ntated his desire to intervene in the captioned i

proceeding. Petitioner alco requested permission for Clear i

! Air, Cicar Water . Unlimited ("the OrCanization"), deceribed by Petitioner as "a local citizens group concerned with matters of public health and shfety", to intervene in the i .

I captioned proceeding. Ho petition for leave to intervenc

> was filed by the Organization. Both the Applicant and the i

Staff have moved the Board to dismiss the petition for leave

! to intervene on the ground that it fails to comply with the

. requirements of Section 2.71h of the Atomic Enertf Commis-I cion's Rules of; Practice in that it fails to' set forth the interest of the Petitioner, hou that interest may be affected j by Commission action, and the cententions of the Petitioner.

l (The answer of the Staff points out, in addition, that the 1etter was not " received" in ,the office of the Commission l

or the Public Document Room by May 12 as required by the

. notice of hearing. However,. that objection does not appear to be presced by the Staff and is not further ccnsidered by the Board.)

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3 f,at: w n ch- 1<tter cf . u,1X7 y . <tc to 'e br.v0 on Ocetion 2.71h cf the bice of Tractice, %:n '

r en te nunp;c: thrt a limit c ar p r uce und2r ??.7U <?

the ~, Au of Practice vould be cdcquate to Fetititzr'i.

n:cdc. Applicant hm indiented that it .>ould hate no laft:-

tie n to cuch a lirite l appearance , r;nd if, in feet, re ci-tiener co wishec, the Board ic r.3rraable to a linited aFearnact by Petitioner on hic own behalf c.nd on behalf of the 0 c;an'.: r.-

tien cubject in the cacc of the latter to an explanation at the Hearing of the nature of the Organication and its rcerber-chip.

Viewed an a petition to intervene the letter is devoid of any chc. ling of the interect of the Petitioner or his proposed cententiens, ac required by the Rules of Prtetice, c.nd nuct, therefore be denied., The denial ic, however, without pre--

judice to a neu petition cetting forth the information required by $2.71b, both ac to Fetitioner anJi the Organication. Such a new petition, if filed, chould be cerved on the Applicant and the Staff no later than.-9 A.M. on 'deanecday, May 24. If the Petitioner will be satisfied with a limited appearance under S?.715 no further action is nececcary until the hearing but the Board requests that Petitioner advice it ac to Petitioner'c intentio=

in this regard at the earlicct poccible moment.

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1. N ru. lea 0 n it. 3r:ntd to Petiti;nu t: !' r.  ;

lini.tcJ nnx:are,x under M.7.10 or th - 3,1.. er m.de-for hinacif r.nd the Cecc nisc.Lic.1, s ub,!: c t , in the-ece -J T

the Organlention, to an cxplan

. tion at che h:arin; ef 4

. its nature and its menbership.

2. The petition to intervene under $2.7114 of tho

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Rules of Practice in denied witnout prejudice to a nev petition cettina forth the intorntion ac to the intercat and contentionc of the Petitioner,-and the effcet of a ,

l decision by the Cor.Inission as required by $2 71k. Such a 4 ,

new petition must be cerved on the Applicant and the Staff' no later than 9 A.14. on Ucdnesdcy, thy 214, 1967.

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ATOMIC SAFETY AD LICEliSIllG BOARD +

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Arthur W. Murphy, '

Chairman i New York, II. Y. '

May 18, 1967 1

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