ML20141M597

Memorandum.* Discusses Petitions (Styled Affidavits) Requesting Hearing & Intervenor Status in Proceeding Re Spent Fuel Pool Design.W/Certificate of Svc.Served on 920826.Reserved on 920828

ML20141M597
Person / Time
Site:	Millstone
Issue date:	08/25/1992
From:	Smith I Atomic Safety and Licensing Board Panel
To:
References
CON-#392-13190 92-665-02-OLA, 92-665-2-OLA, OLA, NUDOCS 9209030051
Download: ML20141M597 (7)

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UNITED STATES OF AMERICA '92 fitG 26 A9 M 110 CLEAR REGULATORY COMMISSIO!1 ATOMIC SAFETY AND LICE!1 SING BOARD 3 Before Administrative Judgest Ivan W. Smith, Chairman Dr. Charles N. Kolber Dr. Jerry R. Kline .

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In the Matter of

!10RTHEAST NUCLEAR ENERGY Docket 11os. 50-336-OLA

.4PANY FOL No. DPR-65 (ASLDP lio. 92-665-02-OLA)

(Mil atone Nuclear Power Station, Unit No. 2) (Spont Fuel Pool Design)

August 25, 1992 tiEMORANDUM The Board has received four ve.y similar petitions (styled " affidavits") requesting a hearing and intervonor status in this prococoing. The petitions are in the same format and type face as pleadings filed by Mary Ellen Marucci on behalf of Co-Operative Citizens Monitoring Network (CCMN).2 Each petition authorizes CCMN (or Earthvision) to represent the respective petitioner's Petitions, or " affidavits" were filed by Rosemary Griffiths, June 19, 1992; Joseph M. Sullivan, July 6, 1992; Don't Waste Connecticut, June 26, 1992 (postmarked August 13, 1992); and Frank X. Lo Sacco, August 13, 1992.

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i interests and provides CCMN's telephone number for further information.

On August 19, 1992, I initiated two telephone .

conversations with Ms. Marucci, who acknowledged that the ,

petitions were the result of her organizing effort and were in the-format provided by her.

The purpose oi the telephone calls to Ms. Marucci was to inform-her that the form petitions were ambiguous. It is not clear whether the petitioners intend to advance their own contentions and to directly participate in any hearing, ,

or whether their affidavits are intended only to establish derivative standing for CCMN. Three of the petitioners (Lo Sacco, Sullivan and Griffiths) indicate that they are members of, or are associated with, _ CCMN.a  ;

I explained that it would be helpful to the Board and potential parties if the ambiguity could be resolved promptly. We. discussed the fact that the Licensee and-the I NRC Staff must be given the opportunity to respond to late-filed petitions, and that her program of encouraging ambiguous petitions is not consistent with her stated desire to resolve her concerns very early. I also. reminded Ms. Marucci that petitioners are required to serve their 2

On August 13, 1992, Ms. Griffiths filed a ~

" clarification" of her " affidavit" noting that she wishes'to -

-have-her interests represented by CCMN. Accordingly, the Board deems that'Ms. Griffiths' intent is not to intervene separately from CCMN.

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pleadings on all other participants in the proceeding, and that the Board had provided a copy of the service list for that purpose.

Ms. Marucci was unable speak for the petitioners, except to note that the " Don't Waste Connecticut" petitioners would moet later to determine whether that group would directly participate in any hearing. She stated also that additional petitions in her format might yet be filed.

In answer to Ms. Marucci's question, I explained that the Board's Memorandum and Order (Establishing Pleading Schedule), LBP-92-17, July 29, 1992, did not extend the time for filing initial petitions for leave to intervene and requests for hearing by new pr 'tioners.3 FOR THE ATOMIC SAFETY AND LICENSING BOARD ,

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Y'1vanW.

Pkff bSmitK,nchairman ADMINISTRATIVE JUDGE Bethesda, Maryland August 25, 1992 l

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f The Federal Reaister notice set May 28, 1992 as the date for filing requests for a hearing and. petitions for leave to intervene. 57 Fed. Reg. 17934, April 28, 1992.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of NORTHEAST NUCLEAR ENERGY COMPANY Docket No.(s) 50-336-0LA (Millstone Nuclear Power Station, Unit No. 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM DATED 8/25/92 nave been served upon the following persons by U.St mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appellate Administrative Judge Adjudication Ivan W. Smith, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Charles N. Kelber Jerry R. Kline Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 John T. Hull, Esq. Richard M. Kacich Office of the General Counsel Director, Nuclear Licensing U.S. Nuclear Regulatory Commission Northeast Utilities Washington, DC 20555 P. O. Box 270 Hartford, CT 06101 Patricia R. Nowicki Nicholas S. Reynolds, Esq.

Associate Director John A. MacEvoy, Esq.

EARTHVISION, Inc. Winston & Strawn 42 Highland Drive 1400 L Street, N.W.

South Windsor, CT 06074 Washington, DC 20005

Docket No.(s)50-336-OLA LB MEMORANDUM DATED 8/25/92 Mary Ellen Marucci Michael J. Pray, AIA 104 Brownell Street 87 Blinman Street New Haven, CT 06511 New London, CT 06320 Dated at Rockville, Md. this 26 day of-August 1992 DTfi'ce of the Secretary-of the Commission l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTHEAST NUCLEAR ENERGY COMPANY Docket No.(s) 50-336-OLA (Hillstone Nuclear Power Station, Unit No. 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing RE-SERVED -- LB MEMO DTD 8/25*

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Office of Commission Appellate Administrative Judge Adjudication Ivan W. Smith, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and_ Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Charles N. Kelber Jerry R. Kline ..

Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 John T. Hull, Esq. Richard M. Kacich '

Office of the General Counsel Director, Nuclear Licensing U.S. Nuclear Regulatory Commission Northeast Utilities Washington, DC 20555 P. O. Box 270 Hartford,lTI 06101 Patricia R. Nowicki

• Mitzi S. Bowman Associate Director Coordinator EARTHVISION, INC. DON'T WASTE CONNECTICUT 42 Highland Drive 97 Longhill Terrace South Windsor, CT 06074 New Haven, CT 06515

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l Docket No.(s)S0-336-OLA RE-SERVED -- LB MEMO DTD 8/25*

Nicholas S. Reynolds, Esq.

John A. MacEvoy, Esq. Mary Ellen Marucci Winston & Strawn 104 Brownell Street 1400 L Street, N.W. New Haven, CT 06511 Washington, DC 20005 Michael J. Pray, AIA

• Frank X. Lo Sacco 87 Blinman Street 4 Glover Place, Box 1125 New London, CT 06320 Middletown, CT 06457

• Joseph M. Sullivan

• Rosemary Griffiths 17 Laurel Street 39 South Street Waterford, CT 06385 Niantic, CT 06357 Dated at Rockville, Md. this 28 day of August 1992 Office of the Secretary of the Commission

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