ML19224D224

Commonwealth of Ma Response to Ma Governor Ofc of Energy Resources Petition to Participate as Interested State Agency in Proceeding.Expresses Some Remarks,But Does Not Object Participation.Certificate of Svc Encl

ML19224D224
Person / Time
Site:	05000471
Issue date:	06/01/1979
From:	Matthew Meyer ILLINOIS, STATE OF
To:
References
NUDOCS 7907110125
Download: ML19224D224 (4)

Text

', , -NRC PUBLIC DOCU5ENT E00M UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)In the Matter of

))Docket No. 50-471 BOSTON EDISON COMPANY, et al.,)" SP)G Pilgrim Nuclear Generating Station,)g Unit 2)%grlja JUN 5197.8 617.

-lp-==i-.M o t RESPONSE OF THE COMMONWEALTH OF A g MASSACHUSETTS TO THE PETITION OF THE GOVERNOR'S MASSACHUSETTS OFFICE OF ENERGY RESOURCES FOR LEAVE TO PAR-TICIPATE AS AN INTERESTED STATE AGENCY The Governor's Massachusetts Office of Energy Resources (MOER), a non-statutory state agency created by executive order, has moved to participate in this proceeding as an " interested state agency" pursuant to S2. 715 (c) of the rules of the Nuclear Regulatory Commission.

The Commonwealth of Massachusetts does not oppose this petition, noting that the MOER does not seek to address any issues other than the "need for power" issue and that the MOER agrees to abide by all previously-set deadlines.

The Commonwealth of Massachusetts does, however, wish to note for the record that Mr. Kenny's remarks on the record on Thursday, May 24, 1979 were erroneous in two regards.

First, Mr. Kenny 331 134 I ')&rg 90'T 110/ 6

,.indicated (Tr. 9103) that MOER desired to " participate in this case as an interested state." The written petition, by contrast, indicated a desire to participate as an " interested state agency." Petition, at 1.

The Commonwealth assumes that the written petition's language controls anu therefore has no objection to the petition.

Second, the petition states that the Attorney General " intervened as a party" in May, 1974 in this proceeding.

Petition, at 2.

The Attorney General is not a party to this proceeding, and never has been.The Attorney General represents the Commonwealth of Massachusetts as it is a party, and the Commonwealth of Massachusetts was allowed to intervene as a party by order of the Board dated May 30, 1974.

In sum, the Commonwealth of Massachusetts has no objection to the participation of the MOER as an " interested state agency" pursuant to S2.715(c) and under the conditions stated by counsel for MOER.

COMMONWEALTH OF MASSACHUSETTS FRANCIS X.

BELLOTTI ATTORNEY GENERAL By: fd Dqtor MICHAEL MEYER Q Assistant Attorney General Utilities Division One Ashburton Place 19th floor Boston, MA 02108 (617) 727-9714 bb].1. ? !

.UNITED STATES OF AMERICA NUCLEAR REGULATORY COP 31ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)In the Matter of

))&g BOSTON EDISON COMPANY et al.

)S)Docket No. 50-471

%\\(Pilgrim Nuclear Generating

)g usen: Station, Unit 2)

)g_JUN 31973)

)'--)9--DO.cssD/: W CERTIFICATE OF SERVICE.

t 3*ca I, LAURIE BURT, hereby certify that the foregoing " Response of the Commonwealth of Massachusetts to the Petition of the Governor's Massachusetts Office of Energy Resources for Leave to Participate as an Interested State Agency" has been served upon the following by depositing copies thereof in the United States Mail, postage prepaid, this 1st day of June 1979:

EDWARD.LUTON, ESQ., Chairman Barry H.Smith, Esq.

Atomic Safety and Licensing Board Marcia E.Mulkey, Esq.

U.S.Nuclear Regulatory Commission Office of the Executive Legal Washington, D.C.20555 Director U.S.Nuclear Regulatory Comm'n DR. RICHARD F.

COLE Washington, D.C.20555 Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Mr. and Mrs. Alan R.Cleeton Washington, D.C.20555 22 Mackintosh Street Franklin, MA 02038 DR.A.DIXON CALLIHAN Union Carbide Corporation William S.

Abbott, Esq.

P.O.Box Y 50 Congress St., Suite 925 Oak Ridge, Tennessee 37830 Boston, MA 02109 Atomic Safety and Licensing Appeal Bd.

Henry Herrman, Esq.

U.S.Nuclear Regulatory Commission 50 Congress Street Washington, D.C.20555 Boston, MA 02109 Atomic Safety and Licensing Board Panel Office of the Secretary U.S.Nuclear Regulatory Commission Docketing & Service Section Washington, D.C.20555 U.S.Nuclear Regulatory Comm 'n , - -I-: ,su s.'.-2-Chief Librarian Plymouth Public Library North Street Dale G.Stoodley, Esq.

Plymouth, MA 02360 Boston Edison Company 800 Boylston Street Edward L.Selgrade Boston, MA 02199 Deputy Director Massachusetts Office of THOMAS DIGNAN, ESO.

Energy Resources Ropes and Gray 73 Tremont Street 225 Franklin St.

Boston, MA 02108 Boston, MA 02110 3 ,c, , lu tit u W r a LAURIE BURT Assistant Attorney General Environmental Protection Division One Ashburton Place, 19th Floor Boston, MA 02108 (617)727-2265 33Il ] ,'