ML13303A247
| ML13303A247 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 06/12/1981 |
| From: | Hoefling K NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8106160114 | |
| Download: ML13303A247 (5) | |
Text
June 12, 1981
\\
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 19 In the Matter of
)
SOUTHERN CALIFORNIA EDISON COMPANY,)
)-
20OL (San Onofre Nuclear Generating
)
Station, Units 2 and 3)
)
NRC STAFF ANSWER TO APPLICANTS' MOTION FOR ORDER CONSOLIDATING INTERVENORS AND DESIGNATING LEAD INTERVENOR WITH RESPECT TO EMERGENCY PLANNING CONTENTIONS I. INTRODUCTION By its "Motion for Order Consolidating Intervenors and Designating Lead Intervenor with Respect to Emergency Planning Contentions" (Motion) of June 9, 1981, Applicants seek an order from this Atomic Safety and Licensing Board consolidating Intervenors GUARD and Friends of the Earth, et al. (FOE) with respect to presentation of evidence, cross-examination, briefs, proposed findings of fact and conclusions of law and argument on all emergency planning contentions to be litigated in this proceeding.
In addition, Applicants' motion seeks the designation of GUARD as lead Intervenor for consolidation purposes.
II. DISCUSSION By its Memorandum and Order of January 27, 1978, the Licensing Board admitted emergency planning contentions sponsored by both GUARD and FOE.
-2 Two emergency planning contentions were admitted on behalf of GUARD.1 One emergency planning contention was admitted on behalf of F0E.2/
FOE Contention 4 is virtually identical to GUARD's con tention 1. This similarity is not unexpected for both FOE and GUARD espouse similar legal interest in this proceeding by virtue of their emergency planning contentions, namely, the protection of the health and safety of the public proximate to the San Onofre site.
Given this similarity of issue and interest, consolidation pursuant to 10 C.F.R. § 2.715a is appropriate. In addition, the Statement of Policy on Conduct of Licensing Proceedings issued by the Nuclear Regulatory Commission on May 20, 1981, specifically directs that intervenors with
,substantially the same interest and who raise substantially the same questions should be consolidated.3/ Furthermore, the Policy Statement recommends the designation of a lead intervenor to present evidence, conduct cross-examination, submit briefs, propose findings of fact, conclusions of law, and argument.
Consequently, Applicants' motion with respect to consolidation and designation of a lead intervenor is proper under the Commission's Rules of Practice and in accord with the Commission's recently issued Policy Statement on the conduct of licensing proceedings. The Staff would support such a motion absent a showing by either GUARD or FOE of substantial prejudice to their rights.
j See Memorandum and Order, pp. 13-14.
2/ Id. p. 4.
3/ Statement of Policy, pp. 4-5.
-3 III.
CONCLUSION FOE and GUARD have substantially the same legal interest with respect to the issue of emergency preparedness and raise substantially the same questions in that area. Thus, the criterion for consolidation under 10 C.F.R. § 2.715a is met. Accordingly, the Staff would support Applicants' motion absent any showing of substantial prejudice by Intervenors FOE and GUARD flowing from a Board direction to consolidate and designation of GUARD as lead intervenor.
Resp f lly submitte ichard K. Hoefling Counsel for NRC Staff Dated at Bethesda, Maryland, this 12th day of June, 1981.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD.
In the Matter of
)
SOUTHERN CALIFORNIA EDISON COMPANY
)
50-362 OL (San Onofre Nuclear Generating Station, )
Units 2 and 3)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO APPLICANTS' MOTION FOR ORDER CONSOLIDATING INTERVENORS AND DESIGNATING LEAD INTERVENOR WITH RESPECT TO EMERGENCY PLANNING CONTENTIONS" in the above-captioned proceeding have been served on the following by deposit in the United States maifl, first class, or as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, or as indicated by an double asterisk by express delivery-service, this 12th day of June, 1981:
"*David R. Pigott, Esq.
- James L. Kelley, Esq., Chairman Samuel B. Casey, Esq.
Administrative Judge John A. Mendez, Esq.
Atomic Safety and Licensing Board Edward B. Rogin, Esq.
U.S. Nuclear Regulatory Commission Of Orrick, Herrington & Sutcliffe Washington, 0.C. 20555' A Professional Corporation S
- Dr. Cadet H. Hand, Jr.,Street D'adeitrH ave Jdge San Francisco, California 94111 Administrative Judge.*
c/o Bodega Marine Laboratory Alan R. Watts, Esq.
University of--California Rourke & Woodruff P. 0. Box 247 10555 North Main Street Bodega Bay, California 94923 Suite 1020 Santa Ana, California 92701
- ;rs. Elizabeth B. Johnson, Administrative Judge "Richard J. Wharton, Esq.
Oak Ridge National Laboratory University of San Diego School P. 0. Box X, Building 3500 of Law, Alcala Park UJak Ridge, Tennessee 37830.*
San Diego, California 92110 Janice E. Kerr, Esq.
Mrs. Lyn Harris Hicks J'* Calvin Simpson, Esq.
GUARD Lawrence Q. Garcia, Esq.
3908 Calle Ariana California Public Utilities Commission San Clemente, California 92672 5666 State Building San Francisco, California 94102
-2 Charles R. Kocher, Esq.
A. S. Carstens
- .James A. Beoletto, Esq.
2071 Caminito Circulo Norte Southern California Edison Company Mt. La Jolla, California 92037 2244 Walnut-Grove Avenue Rosemead, California 91770
- Atomic Safety and Licensing Appeal Board Panel David W. Gilman U.S. Nuclear Regulatory Commission Robert G. Lacy Washington, D.C. 20555 San Diego Gas & Electric Company'.
P. 0. Box 1831
- Atomic Safety and Licensing Board San Diego, California 92112 Board U.S. Nuclear Regulatory Comission
- Phyllis M. Gallagher, Esq.
Washington, D.C. 20555 1695 West Crescent Avenue.
Suite 222
- Secretary Anaheim, California 92701.
U.S. Nuclear Regulatory Commission ATTN:
Chief, Docketing & Service Br.
- Charles E. McClung, Jr., Esq.
Washington, D.C. 20555 Fleming, Anderson, McClung & Fi nc-h 23521 Paseo De Valencia Suite 308A Laguna Hills, CA. 92653 Richard K. Hoefliig j Counsel for NRC Staff