ML19208C988

Responds to NRC Request for Public Hearings.Petitioners Have Standing as Residents,Customers of Util or Elected Officials.Agreement Exists Re Subj & Timing of Hearings

ML19208C988
Person / Time
Site:	Rancho Seco
Issue date:	06/13/1979
From:	Fazio V HOUSE OF REP.
To:	Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
Shared Package
ML19208C985	List: ML19208C984 ML19208C988
References
NUDOCS 7909270723
Download: ML19208C988 (2)

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• June 13,1979

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Mr. Guy 11. Cunningham, III 05 -i....g ~ C -

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Dear Mr. Cunningham:

I amin receipt of a copy of your NRC staff response to the request for a public hearing lodged with the Commission by Friends of the Earth.

et. al. and by SMUD Board members Gary Hursh and Richard D. Castro.

Shortly after they had made their request, I wrote a letter to Chairman Hendrie supporting it, and would therefore like to coment on your response.

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To dispose of the simplest questions first, there seems to be no expectation on anyone's part that the Commisson would delay the start-'ap of the Rancho Seco power plant pending a hearing.

Secondly, it seems to me that there should be no disagreement with the scope of the hearing as outlined in your June 1 memo, nor, thirdly, is there any apparent problem with the designation of the Atomic Safety and Licensing Board as the proper body to hcid the hearing.

That would leave the question of the standing of the petitioners as the only point where agreement does not already exist.

I believe that the petitioners clearly do have standing.

If they all don't qualify as residents of the region where the effects of a nuclear mishap would be felt, most of them should qualify as residents of SMUD and if they don't qualify as SMUD residents, Messers Hursh and Castro should certainly qualify as elected officials.

Beyond any doubt they should qualify as ofMcials elected to SMUD.

If there is any entity with higher standing it could only be the entirety of SMUD itself. The original NRC order established a relationship..

.between NRC and SMUD.

It would seem quite hollow to have a phrase like i -

" persons whose interes.

may be affected" not include anybody other than the two parties to the original relationship.

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Mr., Guy H. Cunningham, III

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Mr. Hursh has indicated to me that he would happily advance more

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fonnal arguments as to why he should have standing if the Atomic Safety and Licensing Commission feels such argumentation is necessary.

I doubt the Comissior, will feel that any more is necessary, however, since there

-is complete agreement on the subject and timing of the hearings,.and since it s

is the purpose of rules such as these to facilitate orderly and effective

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comunication from the affected public.

Clearly the public's concern is

. 'f-legitimate, a.nd clearly there should be a hearing in Saciamento.

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Thank you very much for your attention to these points...

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Best regards, Ed.;.

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