ML18026A052

Applicant'S Answer to Request for an Operating License Hearing and Petition for Leave to Intervene Submitted by the Environmental Coalition on Nuclear Power

ML18026A052
Person / Time
Site:	Susquehanna
Issue date:	09/20/1978
From:	Silberg J Pennsylvania Power & Light Co, Shaw, Pittman, Potts & Trowbridge
To:
References
Download: ML18026A052 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of p(+pe PENNSYLVANIA POWER LIGHT COMPANY and Docket Nos. 50-.387 ALLEGHENY ELECTRIC COOPERATIVE, INC. 3~%

(Susquehanna Steam Electric Station, Units 1 and 2)

APPLICANTS'NSWER TO REQUEST FOR AN OPERATING LICENSE HEARING AND PETITION FOR LEAVE TO INTERVENE SUBMITTED BY THE ENVIRONMENTAL COALITION ON NUCLEAR POWER 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 6 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 5, 1978, the Environmental Coalition on Nuclear Power ("ECNP") requested a hearing and peti-tioned for leave to intervene. For the reasons set forth below, Applicants submit that the ECNP's pleading does not comply with the requirements of NRC regulations and should be denied. However,

Applicants would not, object to a reasonable period of time for ECNP to cure the deficiencies in its pleading.

The tests for petitions .for leave to intervene are set forth in 10 CFR g2.714 and were described in the NRC's August 9, 1978 Federal Register notice. The petition must set forth with partic-ularity 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 proceeding 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 peti-tioner's interest in the proceeding, and the possible effect of any order which may be entered in the proceeding on petitioner's inter-est. 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 submit the contentions which he seeks to litigate.

ECNP's petition fails to comply with these requirements in r

at least one respect in that it does not identify a member who lives or conducts substantial activities in reasonable proximity 1/

to SSES. Each of the three ECNP offices identified on their 1/ See Du uesne Li ht Co. (Beaver Valley Power Station, Unit No.

1), ALAB-109, 6 AEC 243 (1973) where ECNP 'was denied intervention status for failing to identify a member who lived or conducted substantial activities in reasonable proximity to the facility at issue in that proceeding.

letterhead (Jenkintown, State College, and Peach Bottom) are more than 80 miles from the SSES site. ECNP's petition, p. 3, recognizes this deficiency by indicating that an affidavit. "setting forth a legitimate interest on the basis of residence near the Susquehanna plant is being filed separately by some of the affected members of the Environmental Coalition on Nuclear Power". Applicants have yet to receive such an affidavit and in its absence believe that the ECNP petition should be denied. Should such an affidavit be submitted within a reasonable period of time, Applicants would agree that ECNP has adequately demonstrated its interest in this proceeding.

Respectfully submitted, SHAW I PXTTMANg POTTS & TROWBRI DGE Jay . Silberg Cou s 1 for Applican s 180 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: September 20, 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 INC. 50-388 (Susquehanna Steam Electric Station, Units 1 and 2)

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Applicants'nswer to Request for an Operating License Hearing and Petition for Leave to Intervene Submitted by the Environmental Coalition on Nuclear 'Power" were served by deposit in the U. S. mail, first class, postage prepaid, this 20th 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 Commission Washington, D. C. 20555 Dr. Judith H. Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 J E Sz.lberg Dated: September 20, 1978