ML20079F423

Requests ASLB Issue Order Indicating That State of Ny,Party to Proceeding & Not Required to File Addl Petition for Leave to Intervene.If Request Denied,Submittal Should Be Considered as Petition to Intervene as Interested State

ML20079F423
Person / Time
Site:	Ginna
Issue date:	01/10/1983
From:	Fromer H NEW YORK, STATE OF
To:	Grossman H Atomic Safety and Licensing Board Panel
Shared Package
ML20079F426	List: ML20079F423 ML20079F437
References
ISSUANCES-OLA, NUDOCS 8401180261
Download: ML20079F423 (2)

Text

~

F l'T.' ?N,*, NEW YORK cpm l

.k STATE ENERGYOFFICE t:-

h:.

'* 'dO

,.-  :: 71 ROCKEFELLER PLAZA

'7

• 4 ALBANY. NEW YORK 12223 *g4 'gI $l A 9:48 WILLIAM D. COTTER, COMMISSIONER

.?

January 10, 1983 Ilon. Herbert Grossman Chairman SERVED J M 1? F N Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C. 20535 Re: R.E. Ginna Operating License Proceeding Locket No. 50-244 OLA

Dear Chairman Grossman:

On December 2, 1983, the Licensing Board issued a new Notice of Consideration of Conversion of Provisional Operating License and Opportunity for Hearing in connection with the above referenced proceeding. A prior Notice had been issued by the Board on November 22, 1972. The new Notice requires that any person who wishes to participate as a party in the proceeding must file a written petition to intervene by January 31, 1984. Excluded from this requirement is Mr. Michael L.

Slade, who had been admitted as an Intervenor pursuant to the original Notice.

The December 2, 1983 Notice, however, fails to indicate the status of the State of New York, whose petition to intervene in this Proceeding as an interested state pursuant to Section 2.715(c) of the Commission's Rules of Practice was granted in a Board order dated March 25, 1977, a copy of which is attached. Accordingly, it is requested that the Board issue an Order indicating that the State of New York is a party in this proceeding, and, like Mr. Slade, is not required to file an additional petition for 3 eave to intervene.

Should this request be denied, then the State requests that this letter be deemed its petition to intervene as an interested state, for the reasons set forth in its original petition dated January 5, 1973,

! which is incorporated by reference and attached hereto. The original l petition should be modified, however, to indicate that the State of New l York is acting by and through its State Enargy Office, which, pursuant to New York State Energy Law, Section 7-101, assumed the powers and functions of the now abolished Atomic Energy Council referred to in the petition. Additionally, the name and address of the person upon whom service in this proceeding should be made is:

8401180261 830110 P - -

gDRADOCK 05000244 to . .... 1l?.i?Tt.Q 9

~"

sm o n4] W

I Hon. Herbert Grossman Stanley B. Klimberg General Counsel New York State Energy Office Agency Building 2 Empire State Plaza Albany, New York 12223 Thank you for your consideration of this request.

Respectfully ! F tted, g =- E ard A. Fromer Deputy Counsel cc Executive Legal Director, NRC Ilarry !!. Voight, Esq.

kht '% l

0) " b .+ 4 s ggfe#~N7~6 4 ' AynN- ' ~ 5 ,73.

9w2 r2 ) w h " p a ,. 2 s 'y 9