ML19207C132
| ML19207C132 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 07/20/1979 |
| From: | Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7909060474 | |
| Download: ML19207C132 (6) | |
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W0Q CLfM July 20,1979 UNITED STATES OF AME.RICA NUCLEAR REGULATORY COMMISSION
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~n BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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HOUSTON LIGHTING & POWER COMPANY
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Docket No. 50-466
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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NRC STAFF'S RESPONSE TO PETITIONS FOR LEAVE TO INTERVENE FILED BY MR. AND MRS. BRUCE A. PALMITER, DICK DAY, AND NIAMI HANSON Presumably pursuant to this Board's June 18,1979 " Supplemental Nctice of Intervention Procedures," (44 Fed. Rea,. 35062), petitions for leave to intervene in the captioned proceeding have been filed by Mr. and Mrs. Bruce A. Palmiter (dated July 2,1979), Mr. Dick Day (dated June 30,1979) and Ms. Niami Hanson (dated July 7,1979). The Palmiters and Ms. Hanson allege, inter alia, that they reside within 50 miles of the site of the proposed Allens Creek facility.
Mr. Day alleges, inter alia, that he resides within 40 miles of the site.
I 10 CFR 52.714(a)(2) requires that a petitioner for leave to intervene set forth
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1 his or her interest in the proceeding and how such interest might be affected by j
the results thereof.
In this regard, consideration is to be given to the nature h
of the petitioner's right to be made a party, the nature and extent of petitioner's i
property, financial or other interest in the proceeding and the possible effect L
on such interest of any order entered in the proceeding.
10 CFR r2.714(d).
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a In addition, the petition must identify the specific aspects of the subject matter T
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of the proceeding on which intervention is sought.
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, The Commission and Appeal Board have previously emphasized that judicial concepts of standing are controlling in determining whether a petitioner has satisfied the foregoing requirements for intervention as of right.
Portland General Electric Company (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 613-614 (1976); Public Service Comoany of Oklahoma, et al. (Black Fox Station, Units 1 and 2), ALAB-397, 5 NRC 1143,1144-1145. Specifically, a petitioner must show " injury in fact" (which has occurred or will probably result from the licensing of the facility) and that his alleged interest is " arguably within the zone of interest"' protected by either the Atomic Energy Act or NEPA.
Pebble Sprinos_, supra.
The Appeal Board has receritly held that an allegation of close proximity to a proposed facility is deemed enough, standing alone, to satisfy the interest requirements of 10 CFR 52.714.
Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2), ALAB-522, 9 NRC 54, 56 (January 26, 1979). Although no specific distance from a nuclear power plant has evolved from Commission decisions to define tne outer boundary of the geographic " zone of interest," distances up to 50 miles have been found not to be so great as to preclude a finding of standing based on residence.
See, eg., Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2) ALAB-413, 5 NRC 1418,1421,
- n. 4 (1977).
Cf. Vircinia Electric & Power Co. (North Anna Power Station, Units 1 f
and 2), ALAB-146, 6 AEC 631, 633-34 (1973); Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2) ALAB-107, 6 AEC 188,190,193, reconsid. den., ALAB-110, 6 AEC 247, aff'd, CLI-73-12, 6 AEC 241 (1973). Therefore, 918072
l t the Staff believes that all three petitions have satisfied the minimal requirements of 10 CFR 52.714 regarding interest, as those requirements have been interpreted by the Appeal Board. However, each of the petitions is silent with regard to the specific aspects of the subject matter involved in this proceeding as to which intervention is sought. Of course, pursuant to 10 CFR 52.714(b), the petitioners must file a supplement to their petitions listing their specific contentions at least 15 days before the next scheduled prehearing conference in this matter.
But pursuant to 10 CFR 62.714(a)(2), the Staff, Applicant and this Board are entitled to know prior to the filing of contentions what aspects of the subject areas those contentions will involve. The Staff therefore believes that each of the petitioners should be required by this Board to amend his or her filing to indicate the specific aspects of the proceeding as to which issues will be proffered in the required supplement to the petitions.
The Staff has enclosed copies of 10 CFR Part 2 (the Comission's Rules of Practice) for the information of Mr. and Mrs. Palmiter, Ms. Hanson and Mr. Day.
Respectfully submitted,
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Stephen M. Schinki Counsel for NRC Staff Dated at Bethesda, Maryland, this 20th day of July, 1979.
318073
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0t'. MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'In the Matter of
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HOUSTON LIGHTING & POWER COMPANY
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Docket No.
50-466
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(Allens Creek Nuclear Generating
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Station, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO PETITIONS FOR LEAVE TO INTERVENE FILED BY MR. AND MRS. BRUC'E A. PALMITER, DICK DAY, AND NIAMI HANSON" in 'he above-captioned proceeding have been served on the following by deposit t
in the United States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 20th day of July,1979:
Sheldon J. Wolfe, Esq., Chai rman
- Jack Newman, Esq.
Atomic Safety and Licensing Lowenstein, Reis, Newman & Axelrad' Board Panel 1025 Connecticut Avenue, N.W.
U.S. Nuclear Reaulatory Commission Washington, D. C.
20037 Washington, D. C.
20555 Richard Lcwerre, Esq.
Dr. E. Leonard Cheatum-Asst. Attorney General for the Route 3, Box 350A State of Texas Watkinsville, Georgia 30677 P. O. Box 12548 Capitol Station Mr. Gustave A. Linenbercer Austin, Texas 78711 Atomic Safety and Licensing Board Panel Hon. Jerry Sliva, Mr mr U.S. Nuclear Regula tory Commissior.
City of Wallis, Tex.
77485 Washington, D. C.
20555 Hon. John R. flikeska R. Gordon Gooch, Esq.
Austin County Judge Baker & Botts P. O. Box 310 1701 Pennsylvania Avenue, N.W.
Bellville, Texas 77418 Washington, D. C.
20006 Atomic Safety and Licensing J. Grecory Coceland, Esq.
Appeal Board
- Baker & Botts U.S. Nuclear Regulatory Commission One Shell Plaza Washington, D. C.
20555 Houston, Texas 77002 k
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. Atomic Safety and Licensing Carro Hinderstein Board Panel
- 8739 Link Terrace U.S. Nuclear Regulatory Cocmission Houston, Texas 77025 Washington, DC 20555 Docketing and Service Section
- Texas Public Interest Office of the Secretary Research Group, Inc.
U.S. Nuclear Regulatory Commission c/o James Scott, Jr., Esq.
Washington, DC 20555 8302 Albacore Houston, Texas 77074 Mr. John F. Doherty 4438 1/2 Leeland Avenue Brenda A. McCorkle Houston, Texas 77023 6140 Darnell Houston, Texas 77074 Mr. and Mrs. Robert S. Framson 4822 Waynesboro Drive Mr. Wayne Rentfro Houston, Texds 77035 P.O. Box 1335 Rosenberg, Texas 77471 Mr. F. H. Potthoff, III 1814 Pine Village Ms. Kathryn Hooker Houston, Texas 77080 1424 Kipling Houston, Texas 77006 D. Marrack 420 Mulberry Lane National Lawyers Guild Bellaire, Texas 77401 Houston Chapter 4803 Montrose Blvd.
Mr. Jean-Claude De Bremaecker Suite 11 2128 Addison Houston, Texas 77006 Houston, Texas 77030 Mrs. Karen L. Stade Jonathan Kamras P.O. Box 395 1901 S. Voss Rd., #7 Guy, Texas 77444 Houston, Texas 77057 Jon D. Pittman, Sr.
Gayle De Gregori 2311 Bamore 2327 Goldsmith Rosenberg, Texas 77471 Houston, Texas 77030 Ms. Ann Wharton Mrs. W. S. Cleaves 1424 Kipling 8141 Joolin Street Houston, Texas 77006 Houston, Texas 77017 Ms. Kathy Mohnke Vesta Eidman 1411 Lamonte 1117 River Bend Drive Houston, Texas 77018 Houston, Texas 77063 93 6C375
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Mr. James H. Robinson Dick Day l
1228 Bomar 3603 Drummond i
Houston, Texas 77024 Houston, Texas 77025 I
Ms. Bonny Wallace Niami Hanson 614 Meadowlawn 6441 1/2 Mercer LaPorte, Texas 77571 Houston, Texas 77005 I
Mr. and Mr. Bruce A. Palmiter P.O. Box 183 302 South Missouri Street Orchard, Texas 77464 i
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/ Stephen M. Schinki Counsel for NRC Staff 9.II39'76 r- ~