ML19029A661

Submit Petition for Leave to Intervene Concerning Proposed Issuance of Amendment to Facility Operating License No. DPR-70

ML19029A661
Person / Time
Site:	Salem
Issue date:	05/17/1978
From:	Otto H State of DE, Dept of Natural Resources & Environmental Control
To:	Chilk S NRC/SECY
References
Download: ML19029A661 (4)

Text

STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES 8c ENVIRONMENTAL CONTROL EDWARD TATNALL BUILDING P.O. Box 1401 OFFICE OF THE DOVER. DELAWARE 19901 PHONE: (302) 678 - 4403 SECRETARY May 17, 1978____

The Honorable Samuel J. Chilk, Secretary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Re: Proposed Issuance of Amendment to Facility Operating License Number DPR-70/Docket 50-272

Dear Mr. Chilk:

We hereby submit a petition for leave to intervene on behalf of the State of Delaware ex rel Delaware Department of Natural Resources and Environmental Control in the matter concerning the proposed issuance of an Amendment to the Facility Operating License Number DPR-70 (Docket 50-272). The fact that an amendment to in-crease the nuclear waste storage facility capacity at the Nuclear Generating Station located along the Delaware River near Salem in New Jersey was brought to our attention earlier last week.* Since a breakdown in communication has resulted in our being made aware of the proposed action belatedly, we trust that your staff will honor our late request to participate in the capacity of an Intervenor as an Interested State with the right to examine and cross-examine witnesses regarding matters at issue in the proceedings.

I have enclosed twenty copies of My Petition for Leave to Intervene and request that it be granted.

Sincerely, Harry . Otto, Ph.D.

Manage Technical Services Section HWO:jb enc.

cc: Hon. Austin P. Olney, Secretary Delaware Department of Natural Resources and Environmental Control Executive Legal Director U.S. Nuclear Regulatory Commission --

Troy B. Conner, Jr., Esq.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF:

Docket No. 50-27~

PUBLIC SERVICE ELECTRIC AND GAS COMPANY ...

Proposed Issuance of Amendment to Facility Operating License Number DPR-70 Petitioner: State of Delaware ex rel:

Delaware Department of Natural Resources and Environmental Control Tatnall Building, P.O. Box 1401 Dover, Delaware 19901 Counsel: June D. MacArtor Deputy Attorney Gener.al Tatnall Building, P.O. Box 1401 Dover, Delaware 19901 PETITION FOR LEAVE TO INTERVENE AS AN INTERESTED STATE

1. Petitioner is the State of. Delaware ex rel Delaware Department of Natural Resources and Environmental Control and applie~ for leave to intervene pursuant to 42-USCS ~2021 and 10 CFR 2.715(c).

2. Petitioner has been delegated the authority and is charg with the responsibility of protecting, preserving, and enchancing the environmental resources of the State of Delaware under State law. Petitioner is a contiguous State to the location of the subject facility.

3. Petitioner recently learned that this application is before the CoIIll!lission. Since no proceedings have taken place in this matter, Petitioner asserts that no prejudice to any party wilrre*suit froin granting this Petition.

4. With respect to the above captioned matter, Petitioner has concerns regarding the possible impact on the environmental resources in Delaware of the proposed location of additional radioactive waste storage facilities along the Delaware Riverl._

near Salem, New Jersey.

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5. Petitioner .asserts that the valid interests herein stated would be adversely affected by the results of the pro-ceedings if Petitioner is not afforded the opportunity to present its concerns and participate fully in the conduct of the hearing, including the right to examine and cross-examine witnesses with respect to their contentions related to matters at issue in the proceedings.

6. Petitioner asserts that it represents significant personal and proprietary rights of citizens of the State of Delaware with respect to environmental matters, and that such rights could be adversely affected by an order entered in the proceeding.

WHEREFORE, the State of Delaware ex rel Delaware Department of Natural Resources and Environmental Control requests this Petition be granted.

Respectfully submitted, une D. MacAr tor

• Deputy Attorney General Tatnall Building, P.O. Box 1401 Dover, Delaware 19901 H. W.

Techn~ al Services, Division of Environmental Control of the Department of Natural Resources and Environmental Control of the State of Delaware Date: May 17, 1978

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SUPPORTING AFFIDAVIT STATE OF DELAWARE)

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COUNTY OF KENT )

BE IT REMEMBERED, that on thisi7-t}., day of May, A.D. 1978, personally appeared before me, the subscriber, a Notary Public for the State and County aforesaid,* H. W. Otto, who being by me duly sworn according to law, deposes and says as follows:

I am the Manager of Technical Services for the Division of Environmental Control of the Department of Natural Resources and Envi~onmental Control of the State of Delaware. The State of I Delaware is an interested State by virtue of being contiguous to I

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I the facility and wishes to participate in all proceedings in this l matter as an interested State concerned with potential impacts on its citizens.

That the assertions, concerns and facts set forth in the above Peition for Leave to Intervene are true and correct to the best of my knowledge, information and belief, and that the above Petition for Leave to Intervene is submitted in good faith by the State of Delaware ex rel Delaware Department of Natural Resources and Environmental Control.

SWORN TO AND SUBSCRIBED before me the day and year aforesaid, as witness my hand and seal of office.

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