ML20147D245

NRC Staff Answer to Second Amend to Petition for Leave to Intervene of Larry Bard.Staff Contends That Petition for Leave to Intervene Should Be Granted

ML20147D245
Person / Time
Site:	Palo Verde
Issue date:	10/02/1978
From:	Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7810140002
Download: ML20147D245 (5)

Text

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(, - NRC PUhw DOCIDENT Rddk co 'I g

e UNITED STATES OF AMERICA o D '

NUCLEAR REGULATORY COMMISSION  %

,g& y BEFORE THE ATOMIC SAFETY AND LICENSING BOADD_

N In the Matter of ) ,pt to g ARIZONA PUBLIC SERVICE Docket Nos. STN 50-592 COMPANY, et al. STN 50-593 (Palo Verde Nuclear Generating )

Station, Units 4 and 5) )

NRC STAFF ANSWER 10 SECOND AMENDMENT TO PETITION FOR LEAVE TO INTERVENE OF LARRY BARD On September 14, 1978,- the NRC Staff received a copy of the second amendment to the petition for leave to intervene of Larry Bard dated September 11, 1978. Mr. Bard's pleading in addition to stating his interest, how that interest may be affected and reasons why he believes he should be permitted to intervene, sets forth several contentions.

The NRC Staff in its answer to the first amendment to Mr. Bard's petition for leave to intervend took the position that Mr. Bard had demonstrated standing but had not stated an admissible contention.

3 nswer A of the NRC Staff to Amended Petition for Leave to Intervene of Larry Bard (August 22,1978).

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The second amendment states, among others, contentions that the Applicant is not technically or financially qualified to design and construct Units 4 and 5 of the Palo Verde Nuclear Generating Station. Bases for these contentions are set forth in some detail in the pleading. In the Staff's view, Mr. Bard has stated at least one admissible contsntion

'and set forth the bases for that contention.S Having previously demonstrated standing, Mr. Bard has satisfied the require-ments of 10 CFR 52.714 for admission as a party to the captioned proceeding.

Therefore, the petition for leave to intervene of Larry Bard should be granted.

Respectfully submitted, James M. Cutchin, IV C vm Counsel for flRC Staff Dated at Bethesda, Maryland, this 2nd day of October,1978.

1 3 Staff. counsel has been unable to contact Mr. Bard by telephone, but intends to do so to explore with him and Applicant's counsel the possibility of stipulating the issues to be litigated in this proceeding.

t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD-In the Matter of )

ARIZONA PUBLIC SERVICE Docket Nos. STN 50-592 COMPANY, et al. STN 50-593

' (Palo Verde Nuclear Generating ')

Station, Units 4 and 5)

)

NOTICE OF APPEARANCE The undersigned attorney hereby enters an appearance in this proceedi'ng and pursuant to the Commission's Rules of Practice,10 CFR 52.713, provides the following information:

Name - James M. Cutchin, IV Address - Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 Telephone Number' - Area Code 301 -492-7268 Admissions - Sup'r eme Court of Virginia District of Columbia Court of Appeals

'Name of Party - NRC Staff

, c U.S. Nuclear Regulatory Commission Washington, DC 20555

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__. % ,. 9*7c3 l James M. Cutchin, IV Counsel for NRC Staff l

Dated at Bethesda, Maryland, this 2nd day of October,1978.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of l

ARIZONA PUBLIC SERVICE Docket Nos. STN 50-592 COMPANY, et al. STN 50-593 (Palo Verde Nuclear Generating Station, Units 4 and 5) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF. ANSWER 10 SECOND ' AMENDMENT TO PETITION FOR LEAVE TO INTERVENE OF LARRY BARD" and " NOTICE OF APPEARANCE" of James M. Cutchin, IV, in the above-captioned proceeding have been served on the following by deposit in' the United States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 2nd day of October,1978:

Robert M. Lazo, Esq. , Chai rman

• Michael M. Grant, Esq.

Atomic Safety and Licensing Board Assistant Attorney General U.S. Nuclear Regulatory Commission 200 State Capitol Washington, DC 20555 1700 West Washington' Gustave A. Linenberger

• Engineer James D. Woodburn, Chief Engineer U.S. Nuclear Regulatory Commission Public Service Department Washington, DC 20555 P.O. Box 631 Burbank, CA 91503 Dr. Quentin J. Stober Research Associate Professor Samuel Gorlick, City Attorney Fisheries Research Institute P.O. Box 6459 University of Washington Burbank, CA 91510 400 Northeast 15th Avenue Seattle, Washington 9819$ James L. Mulloy, Chief Electrical Engineer & Assistant Manager George Campbell, Chairman Edward C. Farrell, Chief Assistant City Maricopa County Board of Supervisors Attorney for Water & Power 111 South Third Avenue P.0e Box lil

. Phoenix, Arizona 85004 Los Angeles, CA 90051 e m. ..w--,,o a e * +  ? gW4e

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• <. a R. E. York Gordon W. Hoyt Senior Vice President Utilities Director El Paso Electric Company City of Anaheim P. O. Box 982 P.O. Box 3222 El Paso, Texas '79999 Anaheim, CA 92803 David N. Ba'rry III, Esq. JackE.Thdmas James A. Booletto, Esq. Vice President Southern California Edison Company San Diego Gas & Electric Co. ,

P.O. Box 800 P.O. Box 1831 Rosemead, CA 9'70 San Diego, CA 92112 Byron L. Miller Arthur C. Gehr, Esq.

Assistant Vice President

• Snell & Wilmer Nevada Power Company 3100 Valley Center P.O. Box 230 Phoenix, Arizona 85073 Las Vegas, Nevada 89151 Janice E. Kerr, Esq.

Gary E. Craythorn, Engineer J. Calvin Simpson, Esq.

City of Glendale Lawrence Q. Garcia, Esq.

119 North Glendale Avenue California Public Utilities Glendale, CA 91206 Commission 5066 State Building Ronald V. Stassi San Francisco, CA 94132 Engineer City of Pasadena Kathryn Burkett Dickson 100 North Garfield Avenue Mark J. Urban Pasadena, CA 91109 Counsels for the California Ei,9rgy Resources Conservation and Everett C. Ross Development Commission Public Utilities Director 1111 Howe Avenue City of Riverside Sacramento, CA 95825 3900 Main Street Riverside, CA 92501 Mr. Larry Bard P.O. Box 793 Atomic Safety and Licensing Tempe, Arizona 85281 Appeal Board

• U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel

• Washington, DC' 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Docketing and Service Section

• U.S. Nuclear Regulatory Commission '

Washington, DC 20555 Tom Diamond, Esq.

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' ""~ s r._c ;7;**g-r-1208 First City Na .onal Bank Building' James ti. Cutchin, IV El Paso, Texas 79901 Counsel for NRC Staff

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