ML20236L649

Order.* ED Dienethal Shall File Supplement to Petition to Intervene.Util & NRC May File Reply to Any Amended Petition by 980731,in Event Dienethal Amends Intervention Petition. W/Certificate of Svc.Served on 980710

ML20236L649
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	07/10/1998
From:	Kline J, Johari Moore, Shon F Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, COMMONWEALTH EDISON CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#398-19295 98-744-04-LA, 98-744-4-LA, LA, NUDOCS 9807130110
Download: ML20236L649 (5)

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00CKETED l UNITED STATES OF AMERICA ggqqg NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD  % JJt.10 N1 :21 i

Before Administrative Judges: OFH .. . .

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ADJUW" -

Thomas S. Moore, Chairman Dr. Jerry R. Kline Frederick J. Shon

SERVED JUL 101996 l

Docket Nos. 50-295/304-LA COMMONWEALTH EDISON COMPANY ASLBP No. 98-744-04-LA (Zion Nuclear Power Station, Units 1 and 2) ouly 10, 1998

! Order j Pursuant to 10 C.F.R. S 2. 714 (a) (3) , Fetitioner, Edwin D.

r Dienethal, has the right to " amend his petition for leave to intervene ... without prior appreval of the presiding officer at any time up to ... fifteen (15) days prior to the holding of the first perhearing conference." (Emphasis supplied). Further, 10 C.F.R. S 2.714 (b) (1) provides that "[nlot later than ...

fifteen (15) days prior to the holding of the first prehearing conference, the petitioner shall file a supplement to his or her l .. pet.ition to intervene that must include a list of contentions which petitioner seeks to have litigated in the hearing."

(Emphasis supplied). Because the Licensing Board does not intend 9807130110 980710 .  ;@

PDR ADOCK 05000295 PDR o

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to hold any prehearing conference before its has ruled upon the 1

question of whether the Petitioner has standing to intervene, Mr.

Dienethal may amend his intervention petition to address any shortenings, or other matters, in his initial petition by a I pleading. filed no later than July 22, 1998. The Licensinri Board will not entertain any proffered amendments to Mr. Dienethal's initial intervention petition after that date.

Mr. Dienethal also shall file a supplement to his l intervention petition containing all of his proffered contentions by July 22, 1998. If he wishes, Mr. Dienethal may file the supplement to his intervention petition containing his proffered l contentions as part of any filing amending his initial petition.

In any event, Mr. Dienethal shall separately identify and number each of his proffered contentions in any filing. Moreover, Mr.

Dienethal should take care to ensure that each of his proffered, separately numbered, contentions complies fully with all the requirements of 10 C.F.R. S 2.714 (b) (2) .

In the event Mr. Dienethal amends his intervention petition to further address his standing, the Applicant and the NRC Staff may file a reply to any amended petition by July 31, 1998.

Further, the answers of the Applicant and the NRC Staff to any i

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contentions filed by Mr. Dienethal in a supplement to his l

l petition, or otherwise, shall be filed by August 5, 1998.

After ruling upon the question of Mr. Dienethal's standing i to intervene, the Licensing Board, if appropriate, will establish j a date for a prehearing conference or teleconference to consider the admissibility of any contentions proffered by Mr. Dienethal.

It is so OP.DERED.

, THE ATOMIC SAFETY AND LICENSING BOARD w Cot /

TIlomas S. Moore, Chairman

-- Administrative Judge M

D . Jerry 8. Kline A ministrative Judge j'

W FredericIc J on Administr ti Judge l

Rockville, Maryland July 10,'1998 I

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• UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of COMMONWEALTH EDISON COMPANY Docket No.(s) 50-295/304-LA (Zion Nuclear Power Station, Units 1 and 2)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER DATED 7/10/98 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.

Administrative Judge Office of Comission Appellate Thomas S. Moore, Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington. DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Juoge Administrative Judge Jerry R. Kline Frederick J. Shen Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Matl Stop - T-3 F23- .

Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC .20555 Washington, DC 20555 Sherwin E. Turk, Esq.

Robert M. Weisman, Esq. Michael I. Miller, Esq.

Office of the General Counsel Sidley and Austin Mail Stop 15 B18 One First National Plaza U.S. Nuclear Regulatory Comission Chicago, IL 60603 Washington, DC 20555 David W. Jenkins, Senior Counsel Robert E. Helfrich, Senior Counsel Commonwealth Edison Company Edwin D. Dienethal Law Department Room 1535 .

8354 47th Court 125 South Clark Street, P.O. Box 767 Kenosha, WI 531C Chicago, IL 60603

1 Docket No.(s)50-295/304-LA LB ORDER DATED 7/10/98 Dated at Rockville, Md. this '/

10 day of July 1998 -

l Offige of the Secretary of the Commission l

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