ML20127K689

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Answer to Petition for Leave to Intervene & Motions Relating Thereto.*
ML20127K689
Person / Time
Site: Monticello Xcel Energy icon.png
Issue date: 05/16/1967
From: Charnoff G
NORTHERN STATES POWER CO.
To:
US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9211200473
Download: ML20127K689 (8)


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In the Matter of QT[ig r'

NORTHERN STATES POWER COMPANY Docket No. 50-263 Monticello Nuclear Generating Plant )_

ANSWER TO PETITION FOR LEAVE TO INTERVENE AND MOTIONS RELATING THERETO

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Answer i

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On April 21,'1967, the Atomic Energy Commission issued j

a-notice of hearing on the application.by Northern States-Power Company (" Applicant")ffor a provisional. construction permit

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for a. boiling water nuclear reactor to be located at.a site I

approximately three miles' northwest of Monticello, Minnesota.-

The hearing-is scheduled'to be, gin-at--9:00'a.m. on May~25, 1967 2.

In conformance'with the-notice of hearing,-a pre-hearing-3 conference.was' held by-theLAtomic Safety and Licensing Board on May 12, 1967 in the-Wright CountyfCourthouse, Buffalo,.

Minnesota.

3.

The_ notice of hearing provided:that petitions;for ledve

'.iI to intervene,' pursuant to the provisions of Section 2.714 of-l the Commission'ai" Rules of-Practice" must be received in the Office of:the(Secretary'or in the_ Commission's;Public Document-Room no later than May 12,1967. - The notice Jof: hearing;L also provided that any persons'who-wish to:make oralcor written 1

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statements concerning the; issues specified in:the-notice of

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hearing,,but Who do not wish'to_ file..a petitioncto intervene, i

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may request permission to make a limited appearance pursuant to the provisions of Section 2.715 of the Commission's " Rules of Practice."

4.

By letter dated May 10, 1967, John Pegors (" Petitioner"),

315 Tenth Avenue North, Hopkins, Minnesot'a 55543, stated his desire to intervene in the captioned proceeding.

Petitioner also requested permission for Clear Air, Clear Water - Unlimited, allegedly a local citizens group, to intervene in the captioned proceeding.

No petition for leave to intervene was filed by

-Clear Air, Clear Water - Unlimited.

5 Applicant does not object to a limited appearance by.

the Petitioner in the proceeding'under the provisions of Section 2.715(a).

Paragraph III(b)(6) of Appendix A to Part 2 of the Commission's "hules of Practice" provides, "A person making a limited appearance may want not only to state his position, but to raise questions which he would like to have answered.

This should be permitted to the extent the questions 4

are within the scope of the proceeding as defined by the issues set out in the notice of hearing, the pre-hearing conference report, and any. later orders. "

To.the-extent that the Peti-tioner raises questions. relevant to the issues in the cap-tioned proceeding the Applicant will undertake to provide appropriate responses the eto.

.6.

Section 2 714(a) of the1 Commission's " Rules of Practice",

in pertinent part, provides:

"Any person whose -interest may be-affected by a proceeding and who desires to participate as a-party shall file a written' petition under oath or affirmation for leave to. intervene not later

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chan seven (7) daye before the commencoment of the hearing or within such other time as may be specified in the notice, or as permitted by the presiding officer.

The petition shall set forth the interest'of the petitioner in the proceeding, how that interest may be affected by Commission action, and the contentions of the petitioner."

The letter of May lo, 1967 is deficient in that it fails to

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i set forth the interest of the Petitioner in the proceeding, how that interest may be affected by a decision in the pro-ceeding, and the' Petitioner's contentions.

In so far as the petition is submitted on behalf of Clear Air, Clear Water -

Unlimited, the _ petition fails to state the representative capacity of John Pegors.

The petition was not submitted under oath or affirmation.

7.

If the Atomic Safety and Licensing Board ("The Board")

permits the Petitioner to amend the petition to set forth his interest in the. proceeding, how that interest may be affeoted by a decision in the proceeding, and the Petitioner's con-i tentions, to maintain an orderly hearing process the Peti-tioner should be required to serve the. amended written peti-l tion on the members of The Board and the parties to the pro-ceeding in such manner that it will be received at least twenty-four hours prior to the public hearing which is' scheduled to commence at 9:00 a.m. on May 25,.1967 i

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Motions 1.

Pursuant to Section 2.730 of the-Commission's " Rules of Prac,tice", Applicant moves The Board to dismiss the petition

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for leave to intervene -filei in tr.is proceeding by John Pesors for failure to comply with the requirements of.Section 2.714(a) of the Commission's " Rules'of Practice."

2.'

In the_ event The Board permits the Petitioner to amend the petition to conform with the re'quirements of Sec-tion 2.714(a) of the Commission's " Rules of Practice", Appli-cant moves The Board to strike the second paragraph oP'the May 10, 1967 petition and to require the Petitioner to serve the amended written petition on.the_ members of The Board and the parties to the proceedin'g in cuch manner that it will be received-at least twenty-four hours prior _'to the_public hear-ing which is scheduled to-cortaence at 9:00 a.m. on May 25, 1967 in the Wright County Courthouse in Buffalo, Minnesota.

Respectfully submitted, SHAW, ?ITTEAN,.?OTTS, TRONBRIDGE & MADDEN l

Ey Gerald Charnoff Attorney-for Northern States. Power Co.

May 16, 1967 J

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l' DOCVEr No. 50-2h?

RECORD FOR lidARING I!OEX Item No.

Description D.I t e 1.

Application for License including:

d/1/ t)6 General Informa tion Letter of Service of application on local ofticials dated 7/28/66.

2.

Letter f rom General diec tric Company transmitting:

8/5/66 Volumes I and 11 - Facility Description and Safety Analysis Report.

3.

Letter f rom Nor thern S ta tes Power Company transmitting:

9/8/66 Amendment No. I to the application for license.

4 Letter trom General Electric Company transmitting:

9/9/66 Appendix G to the Facility Description and Safety Analysis Report.

5.

Letter f rom Northern States Power Company transmitting letter 9/22/66 of service of Volumes I and II of the Facility Description and Safety Analysis Report on local of ficials dated 9/8/66.

11/18/66 t,

Letter f rom Nor thern States Power Company transmitting:

Atcadment No. 2 to tne application for licenae.

11/21/66 i.

Letter from General Slectric Company transmitting:

Report entitled " Design Fabrication and Erection of the Reactor Vessel."

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g Description Item No; 12/27/66 Letter from AEC to Northern States Power Company 8.

reques ting additional information.

12/29/66 Letter from Northern States Power Company transmitting:

9.

Amendment No. 3 to the application for license.

12/30/66 Letter from General Electric Company transmitting:

10.

Revisions to pages of the Facility Description and Safety Analysis Report.

1/10/67 Letter from Northern States Power Company transmitting:

11.

Amendment No. 4 to the application for license.

I 1/10/67 Letter from General 21ectric Company transmitting:

12.

i Answers to AEC questions of December 27, 1966.

j Revisions to pages of the Facility Description and I

Safety Analysis Report.

1/21/67 from Northern States Power Company transmitting:

13.

Lettet I

Amendment No. 5 to the application for license 1/21/67 Letter from General Electric Company transmitting additional copics of Amendment No. 5.

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2/27/67 Letter from AEC to Northern States-Power Company 14.

requesting additional technical data,

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3/3/67 Letter fros' Northern States Power Company transmitting

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Amendment No. 6 to the application for license.-including:

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i Revised pages for the Monticello Nuclear Generating Plant Facility Description and Safety Analysis Report.

l-Answers to AEC Questions.

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Letter from Northern States Power Company transmitting Amendment'No. 7 to the application for licence,' including:

16.

Northern States Power Company Annual Report for 1966

.i 3/28/67 Letter from Northern States Power Company transmitting Amendment No.' 8 to the application for license, including:

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Supplemental Information to Answer 3 3 of Amendment 4 3/29/67'l Let,ter from General Electric Company transa:itting udditional copies of Amendment No. 8

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_ Item No.

_!)es c r i p t i on Dat' B.

Letter f rom AEC to Northern States Power Company 12/2h requesting additional information.

9.

Letter from Northern States Power Company transmitting:

12/29/

Amendment No. 3 to the application for license.

10.

Le t ter f rom Ceneral Electric Company transtaitting:

12/30/

rey (sions to pages of the Facility Description and 3 ty Analysis Report, 11.

Letter fro Northern States Power Company transmitting:

1/10/

Amendment N. 4 to the application for license.

12.

Letter from Gene 21cc tric Company transmitting:

1/10/

Answers to AEC qu stions of December 27, 1966.

Revisions to pages f the Facility Description and Safety Analysis Repo L.

13.

Letter from Northern Stat s Power Company transmitting:

1/21/

Amendment No. 5 to the app ication for license Let ter from General Elec tric Co 'pany transmitting 1/21/

additional copics of AmenJment N.

5.

14 Letter from AEC to Northern States 'ower Company 2/27/6 requesting additional technical data 15.

Lett from Northern States Power Compa y transmitting 3/3/67, Amendment No. 6 to the application for 1 cense, including:

Revised pages for the Monticello Nuclear enerating Plant Facility Description and Safety Anal, sis Report.

Answers to AEC Questions.

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UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION Lg.

In the Matter of

..[y NORTHERN STATES POWER COMPANY Docket No. 50-263, r f.g ;/f Monticello Nuclear Generating Plant

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,L u..x APPLICANT'S PROPOSED AGENDA FOR PREHEARING CONFERENCE 1.

Appearances.

2.

Interventions and/or limited appearances.

3.

Procedural matters:

a.

Content of decisional record; b.

Witnesses; scope and form of testimony; c.

Exchange of testimony; d.

Method of introducing testimony and exhibits; e.

Order in which hearing will be conducted.

4 Post-hearing procedures:

a.

Transcript corrections; b.

Proposed findings of fact and conclusions of law.

5.

Identification of significant safety matters.

6.

Other matters, ce g

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30CIETED LO.10 Dated:

May 5i 1967 J'o p]

MAY C1967t>

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