ML20207L902

Response of NRC Staff to Amended Request for Hearing Filed by J Paskavitch.* J Paskavitch Petition for Leave to Intervene as Amended Should Be Denied.Certificate of Svc Encl

ML20207L902
Person / Time
Site:	Saint Lucie
Issue date:	01/05/1987
From:	Mcgurren H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#187-2123 OLA, NUDOCS 8701130026
Download: ML20207L902 (4)

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' 00tKETED UWC January 5,1987

'87 JAN -7 All :31 UNITED STATES OF AMERICA CFF;; s. . .t r :Cf NUCLEAR REGULATORY COMMISSION 00Cndgt BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389-OLA

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(St. Lucie Plant, Unit No. 2) )

RESPONSE OF THE NRC STAFF TO THE AMENDED REQUEST FOR HEARING FILED BY JOHN PASKAVITCH On December 8,1986, the NRC staff filed a response to a letter from John Pashavitch that requested a hearing in the above esptioned proceed-ing. In its response, the Staff asserted that Mr. Paskavitch failed to state the interest of the petitioner in the proceeding and how the interest may be affected by the results of the proceeding. Furthermore, the Staff asscrted that Mr. Paskavitch failed to identify the specific aspect (s) of the subject matter of the proceeding as to which the petitioner wishes to intervene. The Atomic Safety and Licensing Board agreed in its Memo-randum and Order of December 9, 1986, that Mr. Paskavitch's petition failed to satisfy these requirements of 10 C.F.R. I 2.714.

By cover letter dated December 10, 1986 Mr. Paskavitch enclosed

" Petitioner's Reasons for a Request for Hearing". Although it could be argued that the enclosure identifies " aspects" of the proceeding as to which the petitioner seeks to intervene, neither the caver letter nor the enclosure satisfy the other requirements of 10 C.F.R. I 2.714 in terms of petitioner's interest or effect thereon. At most the cover letter may be 8701130026 870105~

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e read as an assertion of interest of a " citizen." But as set forth in Metropolitan Edison Company (Three Mile Island Nuclear Station , Unit No . 1) , CLI-83-25, 18 NRC 327, 333 (1983), such a "' generalized griev-ance' shared in substantially equal measure by all or a large class of citi-zens will not result in distinct and palpable harm sufficient to support standing." Accordingly, Mr. Paskavitch's petition for leave to intervene, as amended, should be denied.

Respectfully submitted, Q

Hen J. McGurren Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of January,1987

s om.< rm 3NK 87 JAn -7 All:31 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g. q p, 00Cr.Li O L E "'d BEFORE THE ATOMIC SAFETY AND LICENSING BOARD BRAHL" In the Matter of )

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FLORIDA POWER & LIGHT COMPANY ) Docket No. 50-389-OLA

)

(St. Lucie Plant, Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " RESPONSE OF THE NRC STAFF TO THE AMENDED REQUEST FOR HEARING FILED BY JOIIN PASKAVITCH" in the above-captioned proceeding have been served on the following by deposit l In the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail sys-tem, this 5th day of January, 1986:

Charles Bechhoefer, Esq. Steven P. Frantz Administrative Judge Newman & Holtzinger, P.C.

Atomic Safety and Licensing Board Panel 1615 L Street, N.W.

U.S. Nuclear Regulatory Commission Washington, D.C. 20036 Washington, D.C. 20555*

I Dr. Richard F. Cole Norman A. Coll, Esquire Administrative Judge Steel, IIector a Davis Atomic Safety and Licensing noard Panel 4000 Southeast Financial Center U.S. Nuclear Regulatory Commission Miami, FL 33131-2398 Washington, D.C. 20555*

Gustave A. Linenberger, Jr. John Paskavitch Administrative Judge Rural Route Atomic Safety and Licensing Board Panel 724 Lehigh Road U.S. Nuclear Regulatory Commission South Venice, FL 33595 Washington, D.C. 20555*

Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555* Washington, D.C. 20555*

Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Bradley W. Jones, Esq.

Regional Counsel USNRC, Region II 101 Marietta St. , N.W. , Suite 2900 Atlanta, GA 30303*

IIchg J. McGurren Counsel for NRC Staff l

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