ML20210C651

Memorandum & Order.* Orders That Petition to Intervene Filed by Local 29,IBEW Denied.With Certificate of Svc.Served on 990723

ML20210C651
Person / Time
Site:	Beaver Valley
Issue date:	07/23/1999
From:	Vietticook A NRC OFFICE OF THE SECRETARY (SECY)
To:	AFFILIATION NOT ASSIGNED
References
CON-#399-20672 CLI-99-23, LT, NUDOCS 9907270002
Download: ML20210C651 (4)

Text

7 L ~ *- ..

[L7 e, .,

p UNITED STATES OF AMERICA

" S C NUCLEAR REGULATORY COMMISSION

- COMMISSIONERS:  ?) JUL 23 P2 :213 Greta Joy Dicus, Chairman OFr Nils J. Diaz a Edward McGaffigan, Jr. ads- .,

Jeffrey S. Merrifield .

)

in the Matter of )

)

DUQUESNE LIGHT COMPANY, AND ) Docket Nos. 50-334-LT & 50-412-LT FIRSTENERGY NUCLEAR OPERATING ')

COMPANY, PENNSYLVANIA POWER )

COMPANY )

)

(Beaver Valley Power Station, ) (License Nos. DPR-66, NPF-73)

Units 1 and 2)- )

)

SERVED JUL 2 31999 CLl-99-23 MEMORANDUM AND ORDER in this Memorandum and Order, we address a June 3,1999, petition to intervene filed by Local 29, International Brotherhood of Electrical Workers with regards to a proposed transfer of interests in the Beaver Valley Power Station from Duquesne Light Company (DLC) to FirstEnergy Corporation. In separate answers filed on June 16,1999, DLC and FirstEnergy opposed Local 29's petition and argued that it did not have standing to intervene and had failed to raise a valid contention.

On June 23,1999, Local 29 filed a reply in which it stated:

t

' 9907270002 990723 PDR ADOCK 05000334 0 PDR

y

' $t ; I 2

' It bears repeating that Local 29 has not requested a hearing, is not opposing the transfer, and is not seeking to delay Commission action on the application. It is only seeking to ensure that the Commission has full and corrplete information about the proposed operating conditions at the plant before it takes action on the application)

The Commission's newly promulgated rules for license transfer set out two possible avenues to address issues that may arise from license transfer applications: written comments or hearings.2 in this instance, Local .29 has filed a " petition to intervene" but has explicitly stated that it has not requested a hearing. In the absence of a hearing request, there is no potential adjudicatory proceeding in which to intervene. Accordingly, we must deny Local 29's " petition to intervene" and treat it as a submission of comments on the license transfer application pursuant to 10 C.F.R.' 52.1305. We note that our denial of the petition here in no way reflects a judgment regarding the merits of the concerns raised by the petitioner. The Commission will consider and, if appropriate, respond to Local 29's comments in accordance with @2.1305. We are referring the comment to the NRC staff for its consideration as it reviews the license transfer

- application. En General Public Utility Nuclear Corp. (Three Mile Island Nuclear Station, Unit 1),

C,LI-99-2,49 NRC 23,24 n.2 (1999). j For the foregoing reasons, the petition is denied.

I i

~

l i

L ' Reply of Local 29, International Brotherhood of Electrical Workers (June 23,1999) at

)

! . 2-3. 4 2 Streamlineo Hearing Process for NRC Approval of License Transfers,63 Fed. Reg.

h - S6721 (December 3,1998).

L s_

O.

3 IT IS SO ORDERED.

fgegRREgU4, For the Commission 3

1. \ f a k 22 o e , in E j7

• s k #****g o

) , m isca' -lsbk__

Annette L. Vietti-Cook Secretary of the Commission Dated at Rockville, Maryland, this 23rd day of July,1999.

1 l

1 SCommissioner Diaz was not available for affirmatiori of this Memorandum and Order.

Had he been present, he would have affirmed the Memorandum and Order.

.o i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of ,

DUQUESNE LIGHT COMPANY, ) Docket Nos. 50-334/412-LT FIRSTENERGY NUCLEAR OPERATING )

COMPANY, AND )

PENNSYLVANIA POWER COMPANY )

(Beaver Valley Power Station, )

Units 1 and 2) )  ;

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMP.lSSION MEMORANDUM AND ORDER (CL1-99-23) have been served upon the following persons by deposit in the 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 John E. Matthews, Esq.

Adjudication Morgan, Lewis & Bockius, LLP U.S. Nuclear Regulatory Commission 1800 M Street, NW Washington, DC 20555 Washington, DC 20036 Roy P. Lessy, Jr., Esq. Scott J. Rubin, Esq.

Akin, Gump. Strauss, Hauer & Feld, LLP 3 Lost Creek Drive 1333 New Hampshire Ave., NW, Suite 400 Sellinsgrove, PA 17870 Washington, DC 20036 l

~

/

lb d Offic of the SeMtary of the Commission Dated at Rockville, Maryland this 23* day of July 1999