ML20204J829

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Discusses Commonwealth of PA 860801 Unauthorized Reply to NRC Answer to State 860717 Petition to Participate.Argument That Wallace Hearing Required Contrary to Listed Commission Opinion.Nrc Position on Terminating Proceeding Remains
ML20204J829
Person / Time
Site: Crane 
Issue date: 08/05/1986
From: Goldberg J
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Smith I
Atomic Safety and Licensing Board Panel
References
CON-#386-246 RA-EW, NUDOCS 8608110206
Download: ML20204J829 (1)


Text

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I E -7 P2 :14 August 5, 1986 0FFICE OF h,"3[p'yjy 80CMETinc BRANCH Ivan h'. Smith Administrative Law Judge Atomic Safety and Licensing Board Panel U.S Nuclear Regulatory Commission Washington, DC 20555 In the Matter of GPU NUCLEAR (Three Mile Island Nuclear Station, Unit No.1)

Docket No. 50-289(EW)

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Dear Judge Smith:

On August 1, 1986, without requesting leave to file what is otherwise an unauthorized reply to an answer, the Commonwealth of Pennsylvania filed a reply to the NRC Staff Answer to the Commonwealth of Pennsylvania's Petition to Participate as an Interested State, dated July 17, 1986 (Staff's Answer).

The Commonwealth argues that a hearing on Mr. Wallace is required even though no one petitioned to intervene and the Staff stated in its July 17, 1986 letter to you that it "does not advocate a position against Mr. Wallace."

The Commonwealth's argument is contrary to the clear meaning of the Commission's Advisory Opinion and Notice of Hearing, 23 URC 465 (1980), as discussed in the Staff's Answer. ~ Unless you wish the Staff to respond to the Commonwealth's reply, the Staff is prepared to rely on Staff's Answer for its position on the Commission's conditions for terminating this proceeding.

Sincerely, Y

J ek R. Goldberg eting Deputy Assistant General Counsel cc: Service list 8608110206 860805 PDR ADOCK 05000289 G

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