ML18025B387

Order Setting 810410 Prehearing Conference to Discuss Petitioners' Standing to Intervene.Petitioners Must File Suppls to Petitions No Later than 15 Days Prior to Conference,Listing Contentions Sought to Be Litigated

ML18025B387
Person / Time
Site:	Browns Ferry
Issue date:	03/10/1981
From:	Grossman H TENNESSEE VALLEY AUTHORITY
To:	TENNESSEE VALLEY AUTHORITY
References
ISSUANCES-OLA, NUDOCS 8103130451
Download: ML18025B387 (7)

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~>.sm Q$ NRC UNITED STATES OF AMERICA MAR))~ggy ><

NUCLEAR REGULATORY COMMISSION Office of the Secretly Docketing 4 Sennce Atomic Safety and Licensing Board Branc Ch" Before Administrative Judges:

Herbert Grossman, Chairman Gp Elizabeth B. Johnson, Member Dr. guentin J. Stober, Member Docket Nos. 50-259 OLA In the Natter of: 50-260 OLA

-296 0 TENNESSEE VALLEY AUTHORITY (Onsite Storage of Radwaste)

(Browns Ferry Nuclear Plant Unit Nos. 1, 2 and 3) March 10, 1981 ORDER SETTING SPECIAL PREHEARING CONFERENCE On December ll, 1980, the Nuclear Regulatory Comission published in the Federal ~Re ister a Notice of Consideration of Amendments to Facility 'I Operating Licenses DPR-33, DPR-52 and DPR-68, issued to Tennessee Valley Authority (Licensee), for Browns Ferry Nuclear Plant, Unit Nos. 1, 2 and 3, located in Limestone County, Alabama. 45 Fed. Reg. 81697. The proposed amendments would authorize. the Licensee to store onsite the low level radioactive waste generated by the facility for a period of five years.

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. The notice provided that the Licensee might file a request'for a

• hearing and that any person whose interest might be affect'ed by the pro-ceeding andwho wished to participate as a party in the proceeding must file a written petition for leave to intervene by January 12, 1981 in accordance 8103 X no /4 4

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with 10 CFR 52.714. By that date, six identical petitions were filed,+

each signed by from three to five petitioners, listed alphabetically as follows: Noel M. Beck, Robert W. Beck, Gregory Robert Brough,,Alice N.

Colcock, David R.. Curott, Uvonna J. Curott, David Ely, Hollis Fenn, Richard L. Freeman, Marjorie L. Hall, Debbie Havas, Rebecca Hudgins, Richard W. Jobe, John Martin, Betty Martin, Nancy Muse, Thomas Wayne .Paul, Michael D. Pierson and Tom Thornton.

By reply dated January 27, 1981, Licensee sought denial of the petitions for leave to intervene on the grounds that petitioners lacked standing because they had no possible interests that could be affected by the proposed, amendment of licenses. By responses dated January 28, 198'I (to the first five petitions received) and February 23, 1981 (to the missing sixth petition discussed in the footnote, ~su ra), the Staff con-ceded petitioners'nterest to intervene but denied that petitioners had met the "aspects'" requirement of 10 CFR 52.714 or had yet raised the litigable contention within the scope of the proceeding that are necessary.

prerequisites to granting a petition to intervene and issuing a Notice of Hearing. The Staff noted, however, that 10 CFR 52.714(a)(3) permits the amendment of a petition without approval. of the presiding officer at any A petition filed by Hollis 'Fenn, Rebecca Hudgins and Tom Thornton was not received until after the Staff had responded to five of the peti-

-tions on. January 28. 1981. Apparently after noticing that the sixth petition was not referred to in the Staff response, a copy of the sixth petition was forwarded by petitioners to the NRC. In a follow-up telephone call placed by the NRC Staff, petitioner Hollis Fenn indicated that his original petition had been mailed at the same time as the other five petitions.

The Board has no reason to question Mr. Fenn's representation, and all six petitions as timely filed.

will'reat

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3 time up to fifteen (15) days prior to the holding of the special prehearing conference and that 52.714(b) permits the filing of a supplement to the .

petition containing a list of contentions. by that same deadline, so as to afford petitioners an opportunity to satisfy the aspect and contention requirements.

An Atomic Safety and Licensing Board was designated to rule upon

.interventions and requests for hearing, and to preside over the proceeding

'I in the event that a hearing is ordered. The Board is comprised of the following Administrative Judges: Mrs. Elizabeth Johnson, Dr. guentin J.

Stober and Herbert Grossman, Esquire, who will act as Chairman.

46 Fed. Reg. 10579 (February 3, 1981).

Pursuant .to the provisions of 10 CFR 52.751(a), the Board will conduct a special prehearing conference beginning at 9:30 a.m. on April 10, 1981

. at the Huntsville Public Library, 108 Fountain Circle, Huntsville, Alabama 35804. All prospective parties to this proceeding, or their respective counsel, are directed to attend. At the special prehearing conference, the participants should be prepared to discuss petitioners'tanding to intervene, specific issues that, might. be considered at an evidentiary hearing, and possible further scheduling in the proceeding.

petitioners shall file supplements to their petitions not later than fifteen days prior to the special prehearing conference, which shall in-elude a list of specific contentions sought to be litigated in this

proceeding. Licensee and Staff are requested to file any responses to the.

supplemented petitions by April 7, 1981 and deliver copies to the Board on that date.

The public is invited to attend the special prehearing conference.

No:oral limited appearance statements will be permitted at this conference.

If a hearing is granted, opportunity to present limited appearance state-ments will be afforded at subsequent conferences or evidentiary hearings near the site of the facility. Written limited 'appearance statements may be mailed to the Secretary of the Comnission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555 or submitted at any conferences or sessions of the evidentiary hearing.

BY ORDER OF THE BOARD.

FOR THE ATOMIC SAFETY AND LICENS'.NG BOARD Herbert Gr ossman, Chairman ADMINISTRATIVE JUDGE

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