ML20002E310

Response to PSC of Mo 810116 Petition to Intervene as Representative of State.Applicant Does Not Object to Participation If Hearing Is Ordered.Certificate of Svc Encl

ML20002E310
Person / Time
Site:	Wolf Creek
Issue date:	01/21/1981
From:	Ridgeway D KANSAS GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
References
NUDOCS 8101270360
Download: ML20002E310 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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KANSAS GAS & ELECTRIC COMPANY ) Docket No. STN 50-482 et al. )

(Wolf Creek Generating Station, )

Unit No. 1) )

APPLICANTS' ANSWER TO THE PETITION OF THE PUBLIC SERVICE COMMISSION OF MISSOURI TO PARTICIPATE AS THE REPRESENTATIVE OF AN INTERESTED STATE PURSUANT TO 10 C.F.R. S 2.715(c)

In response to the NRC's notice of " Receipt of Application for Facility Operating License; Availability of Applicant's Environmental Report; Consideration of Issuance of Facility Operating License, and Notice of Opportunit" for Hearing,"

published at 45 Fed'. Reg. 83360 (December 18, 1980), the Public Service Commission of Missouri ("the PSC") on January 16, 1981, filed a " Petition for Leave to Intervene as Representative of State Pursuant to Title 10 Section 2.715(c) Code of Federal Regulations (CFR) . " l The NRC's Rules of Practice, at 10 C.F.R. S 2.715 (c) ,

afford the representative of an intereste  ; reasonable opportunity to participate in NRC hear

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. s interrogate witnesses and advise the NRC without requiring the representative to take a position with respect to the 1/

issues.- Applicants have no objection to the participation of the PSC as the representative of an interested state, -

pursuant to the provisions of 10 C.F.R. S 2.715 (c) , if a

-hearing is ordered as a result of the grant of a hearing request and petition for leave to intervene pursuant to 10 C.F.R.

S 2.714. However, a request to participate pursuant to 10 C.F.R. S 2.715 (c) by itself does not serve to convene a hearing on an operating license application. No hearing on an operating license application is required in the absence of a bona fide intervenor. Houston Lighting.and Power Company, et al.

(South Texas Project, Units 1 and 2) , ALAB-54 9, 9 N.R.C. 644, 649 (1979); Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-183, 7 A.E.C. 222, 226 n.10 (1974).

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: /[ M M V Tay E. SMberg/ 0 &'

Delissa A. Ridgwe-Counsel for App.sw *1 1800 M Street, N.W.

Washington, D.C.

Telephone: (202) 331-4100 i

Dated: January 21, 1981

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1/ In contrast, participation as an intervening party requires the grant of a petition for leave to intervene which meets the '

requirements of 10 C.F.R. S 2.714.

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. s January 21, 1981 d

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION e

In the Matter of )

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KANSAS GAS & ELECTRICCOgAg, ) Docket No. STN 50-482

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(Wolf Creek Generating Station, )

Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Answer To The Petition Of The Public Service Coinmission Of Missouri To Participate As The Representative Of An Interested State Pursuant To 10 C.F.R. S 2.715(c)" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 21st day of January, 1981.

M LDelissa 'A. R'idgfay U Dated: January 21, 1981

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UNITED STATES OF. AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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KANSAS GAS & ELECTRIC COMPANY ) Docket No. STN 50-482 et al. )

(Wolf Creek Generating Station, .) s Unit No. 1) ) e SERVICE LIST Treva J. Hearne, Deputy General Counsel Public Service Commission P.O. Box 360 Jefferson City, Mo. 65102 Office of the Executive Legal Director .

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 _

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4

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