ML20079P508

Petition of Consumers Util Counsel of Ga for Leave to Intervene & Request for Hearing.Certificate of Svc Encl

ML20079P508
Person / Time
Site:	Vogtle
Issue date:	01/26/1984
From:	Dichter J GEORGIA, STATE OF
To:	NRC COMMISSION (OCM)
References
NUDOCS 8401310244
Download: ML20079P508 (6)

Text

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DOCKETED USNRC UNITED STATE: OF AMERICA BEFORE THE '84 3.tl 30 A11 :i5 NUCLEAR REGULATORY COMMISSION , , . , ~ ,

IN THE MATTER OF: .

Application of Georgia  : DOCKET NOS. 50-424 Power Company et. al. for 50-425 Facility Operating  :

Licenses to Operate Vogtle Electric Gen-  :

erating Plant, Units 1 and 2.  :

PETITION FOR LEAVE TO INTERVENE OF THE CONSUMERS' UTILITY COUNSEL OF GEORGIA l

COMES NGW Deppish Kirkland, III, the Consumers' Utility Counsel of Georgia, and pursuant to the Commission'>

Rules of Practice for Domestic Licensing Proceedings, 10 C.F.R. S2.714, respectfully petitions for leave to intervene in the above-captioned proceeding. In support of this Petition, Counsel shows the following:

I.

Deppish Kirkland, III, is the duly appointed Consumers' Utility Counsel of Georgia.

II.

Communications concerning this Petition should be addressed as follows and the following persons should be included on the Commission's official service list in this proceeding:

DO ohfh4 PDR J

L___ _ _ . . _ _ _ _ _ _ . _ . . . -_

L Deppish Kirkland, III, Esquire

, Joel R. Dichter, Esquire Office of the Consumers' Utility Counsel 32 Peachtree Street, N.W.

Suite 225 Atlanta, Georgia 30303 III.

The interest of Petitioner in this proceeding is set forth in applicable state law. Official Code of Georgia Annotated $46-10 provides in relevant part that:

Section 4. "(a) The Consumers' Utility Counsel shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of services provided by any person, firm, or corporation subject to the jurisdiction of the Georgia Public Service Commission...

i (b) The Consumers' Utility Counsel may also ,

appear in the same representative capacity in similar administrative proceedings affecting the consumers of this state before any federal ~

administrative agency or body which has regula-tory jurisdiction over rates, services, and similar matters with respect to public utility services provided by an public utility doing business in this state.y' (Ga. Laws 1981, p.

139; 1983, p. 834).

IV.

The instant proceeding was initiated when Georgia Power Company, acting on its own behalf and as agent for Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, and the City of Dalton, Georgia, filed an f

Application for a license to possess, use, and operatn Vogtle Electric Generating Plant, Units 1 and 2, located

in Burke County, Georgia.

V.

The residential and small commercial ratepayers represented by Petitioner are consumers of electric service provided by Georgia Power Company. Georgia Power Company is subject to the jurisdiction of the Georgia Public Service Commission. The operation of Plant Vogtle will directly impact the availability of electricity to serve consumers and the rates paid by these consumers. Accordingly, this client class represented by Petitioner will be directly and sub-stantially affected by the outcome of this proceeding.

The interest represented by Petitioner is not adequately represented by existing parties, and Petitioner's client class may be bound or adversely affected by the Com-mission's action herein.

Therefore, the ratepayers represented by Consumers' Utility Counsel have a substantial and vital interest l in this proceeding and desire to intervene in order to protect that interest. The provisions of the Atomic Energy Act, relating both to an orderly regulatory pattern between the Commicsion and state government:

and to the participation of persons that may be affected by proceedings thereunder, support the intervention t _ _ . . - -

of Petitioner 1(42 U.S.C.A. SS2021,2239). Counsel's participation is in the public interest.

Counsel wishes to participate in all aspects of the proceeding. The ratepayers of Georgia Power Company, as well as of 0glethorpe, Municipal Electric Authority of Georgia and the City of Dalton, will be affected by and have an. interest in the Commission's determination on all questions relative to the plant's operation including safety, environmental impact, security, financial feasibility, necessity, anti-trust and l _all other matters contemplated by the Atomic Energy f

l Act and this Commission's Rules and Regulations.

WHEREFORE, for the foregoing reasons, Deppish Kirkland, III, Consumers' Utility Counsel of the State of Georgia, respectfully requests:

(a) That he be permitted to intervene in this proceeding on behalf of his client class and be admitted as a party hereto with the right to have notice of and appear, on his own behalf or by his representative, at all hearinga and prehearing conferences, to submit briefs, to make oral argument, and to do all such things which any party may properly do.

(b) That he be included on the official service list and be served copies of all filings and documents in this proceeding.

l

s Respectfully submitted, l

C L 9 ft . % . C De i i h Kirklahd, III, Counsel Joe . Dichter, Staff Attorney Office of the Consumers' Utility Counsel 32 Peachtree Street, N.W.

Suite 225 l Atlanta, Georgia 30303 I (404) 656-3982 I

- January 26, 1984 I

1 .. . - . .

CERTIFICATE OF SERVICE I, Joel R. Dichter, hereby certify that, pursuant to the Cor. mission's Rules of Practice and the Notice pub-

.lished in the Federal Register on December 28, 1983 (48 FR 57183), I have this day served the foregoing document upon the following parties by depositing a copy of same in the United States Mail, properly stamped and addressed.

Secretary of the Commission United States Muclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 George F. Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M. Street, N.W.

Washington, D.C. 20036 Dated at Atlanta, Georgia, this 3 6 'C day of January, 1984.

L O. Id-J g7 ~R . Di'chter Staff Attorney Consumers' Utility Counsel 32 Peachtree Street, N.W.

Suite 225 Atlanta, Georgia 30303 (404) 656-3982 L

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