ML18023B154

Applicant'S Answer to Petition for Leave to Intervene and Request for Hearing Submitted by the Susquehanna Environmental Advocates

ML18023B154
Person / Time
Site:	Susquehanna
Issue date:	09/21/1978
From:	Silberg J Allegheny Electric Cooperative, Pennsylvania Power & Light Co, Shaw, Pittman, Potts & Trowbridge
To:	Office of Nuclear Reactor Regulation
References
Download: ML18023B154 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY CO ~II SION fgfPg In the Matter of PENNSYLVANIA POWER 6 LIGHT COMPANY and Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERAT IVE g INC ~ 50-388 (Susquehanna Steam Electric Station, Units 1 and 2)

APPLICANTS'NSWER TO PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING SUBMITTED BY THE SUSQUEHANNA ENVIRONMENTAL ADVOCATES On August. 9, 1978, the Nuclear Regulatory Commission ("NRC")

published in the Federal Register a "Notice of Receipt of. Appli-cation for Facility Operating Licenses; Availability of Appli-cant's Environmental Report; and Consideration of Issuance of Facility Operating Licenses Opportunity for Hearing". 43 Fed. Reg.

35406. This Notice stated that the NRC, following completion of specified actions, will consider the issuance of operating licenses to Pennsylvania Power s Light Company and Allegheny Electric Coop-erative, Inc. (collectively "Applicants" ) for the Susquehanna Steam Electric Station, Units 1 and 2 ("SSES"). The Notice pro-vided that any person whose interest may be affected by the pro-ceeding may file, by September 8, 1978, a petition to intervene.

In a filing dated September 7, 1978, the Susquehanna Environ-mental Advocates ("SEA") requested a hearing and petitioned for leave to intervene.

The tests for petitions for leave to intervene are set forth in 10 CFR 52.714 and were described in the NRC's August 9, 1978

>e Federal Register notice.. The petition must. set'orth with par-ticularity the petitioner's interest in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect or aspects of the subject matter of the pro-ceeding as to which the petitioner wishes to intervene. The petition should also address the nature of the petitioner's right under the Atomic Energy Act to be made a party, the nature and extent of the petitioner's interest, in the proceeding, and the possible effect of any order which may be entered in the pro-I ceeding on petitioner's interest. Under the recent revisions to 10 CFR 52.714, 43 Fed. Reg. 17801 (April 26, 1978), a petitioner has until 15 days prior to the first prehearing conference to sub-mit, the contentions which he seeks to litigate.

SEA's petition would appear to satisfy these requirements.

Applicant would agree that SEA has adequately demonstrated its interest in this proceeding.

SEA's pleading also includes a Supplemental Petition for Attorneys Fees, Costs of Expert Witnesses and .Miscellaneous Costs.

I NRC has ruled against such direct financial assistance and that ruling mandates denial of SEA's request. See Nuclear Re ulator Commission (Financial Assistance to Participants in Commission Proceedings), CLI-76-23, 4 NRC 494 (1976); Detroit Edison Co.

(Greenwood Energy Center, Units 2 and 3), ALAB-376, 5 NRC 426, 428 (1977) .

Respectfully submitted, SHAW~ PITTMANg POTTS 6 TROWBRIDGE By Jay/ E. S'ilberg Counsel d'or Applicants '~

1800 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: September 21, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PENNSYLVANIA POWER 6 LIGHT COMPANY )

and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVES ) 50-388 Steam Electric Station,'nits IN'Susquehanna

)

1 and 2) )

CERTIFICATE OF SERIVCE This is to certify that copies of the foregoing "Applicants'nswer to Petition for Leave to Intervene and Request for Hearing Submitted by the Susquehanna Environmental Advocates" were served by deposit in the U. S.

'I mail, first. class, postage prepaid, this 21st day of September, 1978, to:

Secretary of the Commission U, S. Nuclear Regulatory Commission washington, D. C. 20555 James M. Cutchin, IV, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Comma',ssion 5'ashington, D. C. 20555 Susquehanna Environmental Advocates c/o Gerald Schultz, Esquire 500 River Street Wilkes-Barre, Pennsylvania 18702 Dated: September 21, 1978