ML17138A516
| ML17138A516 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 02/09/1979 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7903060702 | |
| Download: ML17138A516 (5) | |
Text
February 9,
19 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PENNSYLVANIA POWER'AND LIGHT CO.
ALLEGHENY ELECTRIC COOPERATIVE, INC.
(Susquehanna Steam Electric Station, Units.l,and 2)
)
Docket Nos.
50-387 50-388
)
)
)
ANSWER OF NRC STAFF IN OPPOSITION TO MOTION OF COLLEEN MARSH FOR ATTORNEYS'EES, COSTS OF EXPERT WITNESSES AND MISCELLANEOUS'OSTS On January 26, 1979, the NRC Staff received a copy of the motion filed by Colleen Marsh (on behalf of herself and eleven other petitioners) for attorneys'ees, costs of expert witnesses and miscellaneous costs. ~l Petitioner Marsh's request for financial assistance should be denied for the reasons set forth below.
The Comnission stated its position on the question of financial assistance to participants in NRC proceedings in CLI-76-23.
In that informal 2/
~Although the Staff opposes the motion on its merits, there is a serious question as to whether this, Licensing Board can entertain such a motion by one who is not a party.
This Licensing Board has not yet ruled on petitions for leave to intervene and the movant is not a party.
See 10 CFR 2.730 which speaks in terms of the moving "party."
In addition, there is a question as to whether one who is not an attorney may represent others as individual petitioners in an fIRC proceeding.
See Duke Power
~Com an (Catawba. Nuclear Station, Units 1 and'2),'LBP-73-28, 6
ABC 666,'77-680 (1973).
Nuclear Re ulator Commission (Financial Assistance. to Participants in Commission Proceedings
, CLI-76-23, 4
NRC 494 (1976).
7 903 060 V~ 2 rulemaking proceeding.the Commission found that it would not be appropriate to provide financial assistance to participants in NRC licensing, enforce-ment, antitrust or (with the single exception of the GESNO proceeding) rulemaking proceedings.
The Commission reached that conclusion after taking into account an opinion of the Comptroller General requested by the Commission.~
In that opinion the Comptroller General said that to pay the legal expenses of an intervenor:
(1)
HRC must believe that it cannot make determinations required of it by statute, or otherwise dispose of the matters before it, without the parti cipation of the intervenor and (2) the intervenor must be indigent or otherwise unable to bear the financial cost of participation in the NRC proceeding.
Subsequent to the Commission's decision in CLI-76-23, the Comptroller General modified these conditions, stating that intervenor funding is authorized if an agency determines
- that, even though it may not be essential, intervenor participation can reasonably'e expected to contribute substantially to a full and fair determination of the issues.~
However, the United States Court of
~Matter of Costs of Intervention - Nuclear Re ulator Commission, B-92288 February 19, 1976
~Natter of Costs of Intervention - Food and Dru Administration, B-1'39703 December 3, 1976).
\\
d
~
3 Appeals has ruled that the Comptroller General's opinions notwithstanding, an agency cannot fund participants in its proceedings without a specific
.grant of authority from the Congress.~
The NRC has no such grant 5/
of authority.
Therefore, the Staff believes that the motion must be denied.
Respectfully submitted, I
James tl. Cutchin, IV Counsel for NRC Staff Dated at Bethesda,
- Maryland, this 9th day of February, 1979.
Green Count Plannin Board v. Federal Power Comnission, 559 F.2d 1227 2d 'Cir. 1977
, cert.
denied 434 U.S.
1086 1978 Also, see Transnuclear Inc.
(Low-Enriched Uranium Exports to EURATON timber Nations), CLI-77-31, 6
NRC 849 (1977).
UNITED STATES OF AMFRICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PENNSYLVANIA POWER AND LIGHT CO.
ALLEGHENY ELECTRIC COOPERATIVE, INC.
(Susquehanna Steam Electric Station, Units 1 and 2)
Docket Nos.
50-387 50-388 CERTIFICATE OF SERVICE I hereby certify that copies of "ANSWER OF NRC STAFF IN OPPOSITION TO MOTION OF COLLEEN MARSH FOR ATTORNEYS'EES, COSTS OF EXPERT WITNESSES AND MIS-CELLANEOUS COSTS" 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 Comnission internal mail system, this 9th day of February, 1979:
Charles Bechhoefer, Esq.,
Chairman*
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn 0. Bright*
Atomic Safety and Licensing Board Panel U.ST Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Oscar H. Paris*
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jay Silberg, Esq.
Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 Dr. audi th H. Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, PA 16801 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, PA 17120 Ms. Colleen Marsh Box 538A, RD84 Mountain Top, PA 18707 Mrs. Irene Lemanowicz, Chairperson The Citizens Against Nuclear Dangers P.O.
Box 377 RDP.l
- Berwick, PA 18503 Susquehanna Environmental Advocates c/o Gerald Schultz, Esq.
500 South River Street llilkes-Barre,. PA 18702 Atomic Safety and"Licensing Appeal Board Panel*
U.S; Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Sa fety and Licens ing Board Panel*
U.S. Huclear Regulatory Conmission Washington, D.C.
20555 Docketing and Service Section*
Office of the Secretary U.S. Huclear Regulatory Commission Washington, D.C.
20555 James M. Cutchin, IV Counsel for HRC Staff