ML19305C932

Intervenor Motion to Strike Applicant Motion to Dismiss Class 9 Accident Inquiry & Motion to Strike Response of Ok Attorney General to ALAB-573.Proceeding Should Be Judged on Merits & Not Technicalities.Certificate of Svc Encl

ML19305C932
Person / Time
Site:	Black Fox
Issue date:	02/26/1980
From:	Farris J CITIZENS ACTION FOR SAFE ENERGY, FELDMAN, HALL, FRANDEN, REED & WOODWARD
To:	NRC COMMISSION (OCM)
Shared Package
ML19305C912	List: ML19305C911 ML19305C925 ML19305C932
References
NUDOCS 8004100610
Download: ML19305C932 (6)

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< N UNITED STATES OF AMERICA coexETED NUCLEAR REGULATORY COMMISSION est ac --

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Before the Commission C I/M S 1220> C

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\(- Office of the Se:: fry Cxhung & se:ga In the Matter of the Application of )

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Public Service Company of Oklahoma, ) a Associated Electric Cooperative, Inc. ao

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Western Farmers Electric Cooperative ) Docket Nos.

) STN 50-556 (Black Fox Units 1 and 2) ) STN 50-557 INTERVENORS' MOTION TO STRIKE (1) APPLICANT'S MOTION TO DISMISS CLASS 9 ACCIDENT INQUIRY:

(2) MOTION TO STRIKE RESPONSE OF THE ATTORNEY GENERAL TO ALAB-573; (3) APPLICANT'S RESPONSE TO INQUIRY BY APPEAL BOARD CONCERNING THE NEED TO CONSIDER THE CONSEQUENCES OF CLASS 9 ACCIDENTS IN THIS PROCEEDING In ALAB-573, the Appeal Board directed the NRC Staff to inform the Commission of its position regarding whether or not the consequences of Class 9 accidents should be considered in the Black Fox proceeding. The Appeal Board directed the NRC Staff to provide its response within 30 days from the date of ALAB-573 (dated December 7'r 1979).

On January 7, 1980, the Staff filed its " Statement of Position on Need to Consider Class 9 events pursuant to direc-tion in ALAB-573". On January 18, 1980, Intervenors filed their Response to the NRC Staff pleading and the Attorney General of the State of Oklahoma filed its Response on Febru-ary 6, 1980.

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l On February 11, 1980, the Applicants filed the following three documents: (1) Motion to Strike Response of the Attorney General to ALAB-573; (2) Applicant's Response to Inquiry by Appeal Board concerning the Need to Consider the Consequences of Class 9 Accidents in this Proceeding; and (3) Motion to Dismiss Class 9 Accident Inquiry. Intervenors move, therefore, pursuant to 10 C.F.R. Part II, Section 2.710 to strike the aforesaid pleadings by Applicants because all three were filed beyond the period of time specified by the Appeal Board in ALAB-573.

Although Intervenors hsve frequently argued before the Atomic Safety and Licensing I'oard that this proceeding should be decided on its merits rather than on hyper technical pro-cedural requirements, Intervenors have just as frequently been on the receiving end of adverse rulings based upon such rules of practice and procedure.,

Indeed, Applicants seek to strike the response of the Attorney General to ALAB-573 because the State of Oklahoma was not a " party" at the environmental hearing phase of this litigation. Applicants' hyper technical position in its Motion to Strike th'e Response of the State of Oklahoma is typical in these proceedings, and Intervenors submit that if these important issues are to be decided upon such strict rules of procedure, Applicant, having chosen to live by the sword, should die by the sword.

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For the foregoing reason, the responses of the Applicants to ALAB-573 should be stricken as being filed out of time.

Respectfully submitted, eph/R. Fardis -

e of the Attorneys for the Intervenors e

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j. US.NRC p UNITED STATES OF AMERICA U D 5 Eg b NUCLEAR REGULATORY COMMISSION { Office of13, c -g Before the Commission i

In the Matter of the Application of )

Public Service Company of Oklahoma, )

Associated Electric Cooperative, Inc. )

and )

Western Farmers Electric Cooperative ) Docket Nos.

) STN 50-556 (Black Fox Units 1 and 2) ) STN 50-557 CERTIFICATE OF SERVICE .

I, Joseph R. Farris, one of the attorneys for Citizens Action for Safe Energy (C.A.S.E.), certify that copies of the following:

Intervenors' Response to Applicants' Motion to Strike Response of the Attorney General to ALAB-573 and Intervenors' Motion to Strike (1)

Applicant's Motion to Dismiss Class 9 Accident Inquiry: (2) Motion to Strike Response of the Attorney General to ALAB-573; (3) Applicant's Response to Inquiry by Appeal Board Concerning the Need to Consider the Consequences of Class 9 Accidents'in This Proceeding, have been served on the persons shown on the attached list by United States Mail, postage prepaid, this 26th day of February, 1980.

Jo ' h R/ Farris i

l L___________________.

. ,. . o Chairman Joseph M. Hendrie L. Dow Davis, Esq. .

United States Nuclear Office of the Executive Legal Direc9 Regulatory Commission United States Nuclear Ragulatory Washington, D. C. 20555 Commission Washington, D.C. 20553 Commissioner Richard T. Kennedy United States Nuclear Richard S. Salzman, Esq.

Regulatory Commission Atomic Safety and Licensing Washington, D. C. 20555 Appeal Board United States Nuclear Commissioner Victor Gilinsky Regulatory Commission United States Nuclear ' Washington, D. C. 20555 Regulatory Commission Washington, D. C. 20555 Dr. W. Reed Johnson Atomic Safety and Licensing Commissioner Peter A. Bradford Appeal Board Panel United States Nuclear United States Nuclear Regulatory Commission Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Commissioner John F. Ahearne Jerome E. Sharfman, Esq.

United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board Panel Washington, D. C. 20555 United States Nuclear Regulatory Commission Stephen S. Ostrach Washington, D. C. 20555 office of the General Counsel United States Nuclear Docketing and Service Section Regulatory Commission Office of the Secretary of the Washington, D. C. 20555 Commission United States Nuclear Sheldon J. Wolfe, Esq. Regulatory Commission Atomic .9afety and Licensing Washington, D. C. 20555 Board Panel (20 copies)

United States Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel United States Nuclear Mr. Frederick J. Shon Regulatory Commission Atomic Safety and Licensing Washington, D. C. 20555 Board Panel United States Nuclear Atomic Safety and Licensing Regulatory Commission Appeal Board Panel Washington, D.C. 20555 United States Nuclear i Regulatory Commission Dr. Paul W. Purdom Washington, D. C. 20555 Director, Environmental Studies Group . Mr. Clyde Wisner Drexel University NRC Region 4 32nd and Chestnut Streets Public Affairs Officer Philadelphia, Pennsylvania 19104 611 Ryan Plaza Drive Suie 1000 Arlington, Texas 76011

Andrew T. Dalton, Esq. Mr. Vaughn L. Conrad Attorney at Law Public Service Company of Oklahoma 1437 South Main Street P.O. Box 201 Room 302 Tulsa, Oklahoma 74102 Tulsa, Oklahoma 74119 Mr. T. N. Ewing Mrs. Ilene Younghein Public Service Company of Oklahoma

, 3900 Cashion Place P. O. Box 201 Oklahoma City, OK 73112 Tulsa, Oklahoma 74102 Mrs. Carrie Dickerson Hon. Charles Rogers Citizens Action for Assistant Attorney General Safe Energy State of Oklahoma P. O. Box 924 State Capitol Building Claremore, Oklahoma 74017 Oklahoma City, Oklahoma 73105 Joseph Gallo, Esq. Mr. Gregory Minor Isham, Lincoln & Beale Mur Technical Associates 1050 17th Street, N.W. 1~423 Hamiton Ave.

Washington, D.C. 20036 Suite K San Jose, CA 95125 Martha E. Gibbs .

Michael I. Miller Samuel J. Chilk Isham, Lincoln & Beale Secretary of the Commission One First National Plaza, United States Nuclear Suite 4200 Regulatory Commission Chicago, Ill. 60603 Washington, D.C. 20555 Mr. Maynard Human General Manager Wet hern Farmers Electric

cperative P. O. Box 429 Anada..'.o, Oklahoma 73005 Mr. Gerald F. Diddle Associated Electric Cooperative, Inc.

P. O. Box 754 Springfield, Missouri 65801 Mr. Lawrence Burrell ,

Rt. 1, Box 197 Fairview, Oklahoma 73737 Dr. M. J. Robinson Black & Veatch P. O. Box 8405 Kansas City, Mo. 64114 ,

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