ML20002E050

Petition for Leave to Intervene in Proceeding.Affidavit & Certificate of Svc Encl

ML20002E050
Person / Time
Site:	Wolf Creek
Issue date:	12/16/1980
From:	Hearne T MISSOURI, STATE OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20002E046	List: ML20002E045 ML20002E050
References
NUDOCS 8101260192
Download: ML20002E050 (5)

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g UNITED STATES OF AMERICA y JA q O % g ,

NUCLEAR REGULATORY COMMISSION O &

In the Matter of: )

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KANSAS GAS & ELECTRIC COMPANY )

) Docket No. STN 50-482 KANSAS CITY POWER & LIGHT COMPANY )

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KANSAS ELECTRIC POWER COOPERATIVE,)

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INC. )

PETITION FOR LEJ TE TO INTERVENE AS REPRESENTATIVE OF STATE PURSUETT TO TITLE 10 SECTION 2.715(C)

CODE OF 7EDERAL REGULATIONS (CFR)

Comes now the ?ublic Service Commission of Missouri by and through its General Counsel and pursuant to the notice of the Issuance of a Facility Operating License published in the Federal Register, dated December 18, 1980, files this Petition for Leave to Intervene and for a hearing. -

1. All process, documents, motions, and other papers can be served on the Public Service Commission by addressing same to Kent Ragsdale, General Counsel, or Treva J. Hearne, D,eputy General Counsel, Public Service Commission, P. O. Box 360, Jefferson City, Missouri, 65102.

2. The petitioner is the Missouri Public Service Commission, hereinafter referred to as the PSC. The PSC is empowered to regulate. investor-owned public utilities that serve customers in the State of Missouri pursuant to the authority granted to it by the General Assembly of the State of Missouri in Chapters 386 through and including 393, Revised Statutes of Missouri 1978.

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3. Kansas City Power & Light Company, a Missouri corpora-tion, hereinafter referred to as "KCPL," is an operating utility engaged.in the business of furnishing electric service in Western Missouri, and thus, is subject to the jurisdiction of the PSC.

4. The facts that constitute the basis of this petition are sufficient grounds for the requested intervention and are as follows:

a. The PSC has specific regulatory jurisdiction over KCPL's portion of the Wolf Creek Unit. See Section 386.250(5) and 393.130 Revised Statutes of Missouri, 1978. Anticipating the eventual inclusion of KCPL portion.of the Wolf Creek Unit into KCPL's rate base, the Commission acting under its broad statutory authority to approve rates, carefully monitors the cost of construction of the Company's electric plant.

b. In Volume 45, Federal Register Number 245, page 83360 of Thursday, December the 18th, 1980, the United States Nuclear Regulatory Commis- ,

sion published a notice that it was considering the issuance of facility operating licenses and notice of opportunity for hearing on the Wolf Creek Generating Station, Unit 1 of the Kansas Gas &

Electric Co., et al.

c. The issuance of the operating license for Wolf Creek Generating l l

Station, Unit 1, will directly increase the electric plant of KCPL.

5. The PSC is an interested agency of the State of Missouri. The Nuclear Regulatory Commission is obliged by Section

2. 715 (c) to afford the representative of'that state or agency a reasonable opportunity to participate and to introduce evidence, 1

interrogate witnesses and advise the Commission without requiring ,

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the representative to take a position with respect to the issues.

6. The PSC's participation pursuant to the aforemen-tioned section will not tend to unnecessarily hinder or. delay the proceedings _before" the Nuclear Regulatory Commission in this matter, but rather insure that the PSC fulfills it statutory obligation to carefully monitor the construction of plant and the need for plant of a company under its jurisdiction.

WHEREFORE, the Missouri Public Service Commission respect-fully requests that the Nuclear Regulatory Commission grant its petition for leave to intervene in this proceeding with respect to the issuance of operating license to the Wolf Creek Generating Station, Unit 1.

Respectfully submitted, W, * -

Treva J. Hearne Deputy General Counsel ~ '

Attorney for Public Service -

Comn csion of the State of Missouri P. O. Box 360 Jefferson City, Missouri [

65102

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AFFIDAVIT I hereby swear that I have signed the foregoing document )

1 in a representative capacity as attorney for the Missouri Public  !

Service Commission, with full authority in that capacity; that I have read said document and am familiar with its contents; and, that to the best of my knowledge, information and belief the statements made in it are true.

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Tr'eva J.

Deputy Gem % ralfneCounsel Subscribed 1980.

and sworn before me this /d N , day of .aza,Ll> ,

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CERTIFICATE OF SERVICE I, Treva J. Hearne, certify that a copy of the foregoing Notice of Appearance and Petition for Intervention for an Interested l State 10 CFR Section 2.715(c) was served on the Executive Legal Director, the United States Nuclear Regulatory Commission, Washington, D.C. 20555, Samuel J. Chilk, Secretary of the Commission, and on Jay Silberg, Esq., Shaw, Pittman, Potts &

Trowbridge, 1800 M Street, N.W., Washington, D.C. 20036, by deposit of such copies in the United States Mail properly stamped and addressed on the 16th day of January, 1981.

Dated /[ , 1981 h

Treva J. yarne .

Deputy General Counsel for the p Missouri Public Service Commission l

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