ML19209B216

Response to R Waters Petition to Intervene.Statements Are Generalized & Fail to Identify Interest W/Reasonable Specificity.Certificate of Svc Encl

ML19209B216
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	08/23/1979
From:	Copeland J, Newman J HOUSTON LIGHTING & POWER CO., LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL
To:
References
NUDOCS 7910090338
Download: ML19209B216 (6)

Text

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JRC PUBLIC DOCUMENT ROOM ,.

y UNITED STATES OF AMERICA .. 7

' 1,9 ' J i('t NUCLEAR REGULATORY COMMISSI+.N

'J BEFORE THE ATOMIC SACETY AND LICENSING BOARD ,

In the Matter of ) _ _-[;

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HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466

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(Allens Creek Nuclear Generating )

Station, Unit 1) )

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APPLICANT'S RESPONSE TO PETITION TO INTERVENE OF RON WATERS -

Applicant f'?.es this response to the petition for leave to intervene in this proceeding filed by Ron Waters. Petitioner recites that he lives and is employed in a State legislative district less than 50 miles from the proposed nuclear plant and then enumerates four general concerns about nuclear

. power: (1) difficulty of evacuation in the event of a " meltdown," (2) transportation of nuclear waste materials through his District, (3) releases of radio-activity during normal plant operations, and (4) the health and safety effects of a " meltdown." Mr. Waters also appears to assert an interest in this proceeding in that he has a " responsibility to [his] constituents to protect their health and safety. . . .

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9 None of the concerns expressed by the petitioner satisfy the interest requirements of 10 CFR S2. 714 (a) .

Petitioner does not state anywhere in the petition the precise location of his residence or place of employment. It is, therefore, not possible to determine whether he satisfies the injury-in-fact requirement ,

to obtain standing to intervene.

Mr. Waters' positian as a State Representative does not confer upon him the right or power to assert the interests of hic unnamed constituents. A petitioner does not have standing to assert the rights of third parties not before the Board. Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2) , ALAB-413 5 NRC 1418, 1421 (1977). His generalized statements of concerns about nuclear power fail to qualify as statements of "the specific aspect or aspects of the subject matter of this proceeding as to which petitioner wishes to intervene." 10 CFR S2. 714 (a) .

Additionally , under NRC precedent, at least one contention must be stated with reasonable specificity and with supporting bases in order to support a grant of intervention. 10 CFR S2. 714 (b) ; Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2) ALAB-107, 6 AEC 188, 194 (1973). Petitioner does not comply.

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Petitioner's concern about evacuation in the event of a " meltdown" f ails for two reasons. First, Applicant must comply with the requirements of 10 CFR Part 50, Appendix E concarning emergency plans. Petitioner has not stated any facts to suggest that Applicant will not comply. Therefore, petitioner's statement can only be construed as an impermissible attack on th'e regulations themselves. 10 CFR S2.758. In addition, petitioner's emphasis on the consequences of a " meltdown" indicates a plain intent to litigate " Class 9 accidents" -

withe the required " showing that with respect to the reactor in question, there is a reasonable possibility of the occurrence of a particular type of accident generically regarded as being in Class 9." Long Island Lighting Co. (Shoreham Nuclear Power Station) , ALAB-156, 6 AEC 831, 836 (1973). The same is true for petitioner's fourth oncern listed above.

The environmental effects of transportation of radioactive wastes from the site are specified in 10 CFR SSI. 20 (g) (i) and Table S.4 of the Commission's regulations.

Petitioner's allegation is , therefore, nothing more.

than a challenge to the regulations without the essential showing required by 10 CFR S2.758. To the extent that petitioner implies that a transportation accident may at some future time affect his interest, the assertion is based on pure speculation and as such, is not a proper basis to support standing. Exxon Nuclear Co. Inc.,

(Nuclear Fuel Recovery and Recycling Center) , LBP-77-59, 114 ~: >rn i i lJ ._v

6 NRC 518, 519-20 (1977); Order Ruling Upon Interven-tion Petitions, p. 48 (February 9, 1979).

Petitioner's remaining unspecified concern involves normal releases of radiation from the ACNGS. Such releases are governed by Appendix I to Part 50 and petitioner alleges no facts to support a contention that this regulation will not be met by Applicant.

For the foregoing reasons, Applicant believes that this petition should be denied.

Respectfully submitted,

_. G .

ALL & %

ack R. Newman Harold F. Reis Robert H. Culp 1025 Connecticut Avenue, NW Washington, DC 20036 J. Gregory Copeland C. Thomas Biddle Charles G. Thrash

- 3000 One Shell Plaza Houston, Te: as 77002 ATTORNEYS FOR APPLICANT HOUSTON LIGHTING AND POWER COMPANY OF COUNSEL:

LOWENSTEIN, NEWMAN, REIS, AXELRAD AND TOLL 1025 Connecticut Avenue, NW Washington, DC 20036 BAKER AND BOTTS 3000 One Shell Plaza Houston, Texas 77002 1

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COM'4ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

) Docket No, 50-466 HOUSTON LIGHTING AND POWER COMPANY

)

(Allens Creek Nuclear Generating )

Station, Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of Applicant's Response to Petition to Intervene of Ron Waters, in the above-captioned proceeding, were served on the following by deposit in the United States mail, postage prepaid, or by hand delivery this 23rd day of August, 1979:

Sheldon J. Wolfe, Esq., Chairman R. Gordon Gooch, Esq.

Atomic Safety and Licensing Baker and Botts Board Panel 1701 Pennsylvania Avenue, NW U.S. Nuclear Regulatory Commission Washington, DC 20006 Washington, DC 20555 Richard Lowerre, Esq.

Assistant Attorney General

' Dr. E. Leonard Cheatum Route 3, Box 350A for the State of Texas Watkinsville, Georgia 30677 P. O. Box 12548 Capitol Station Austin, Texas 78711 Mr. Gustave A. Linenberger Atomic Safety and Licensing Board, Panel Hon. Charles J. Dusek U.S. Nuclear Regulatory Commission Mayor, City of Wallis Washington, DC 20555 P. O. Box 312 Wallis, Texas 77485 Chase R. Stephens Docketing and Service Section Hon. Leroy H. Grebe

,0ffice of the Secretary of the County Judge, Austin County Commission P. O. Box 99 U.S. Nuclear Regulatory Commission Bellville, Texas 77418 Washington, DC 20555 V

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Ater..ic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 ..

Steve Sohinki, Esq.

Staff Counsel U.S. Nuclear Regulatory Comnission

Washington, DC 20555 John F. Doherty 4438 1/2 Leeland Houston, TX 77023 Madeline Bass Framson 4822 Waynesboro Drive Houston, TX 77035 Robert S. Framson 4822 Waynesboro Drive Houston, TX 77035 Carro Hinderstein 8739 Link Terrace Houston, TX 77025 D. Marrack 420 Mulberry Lane Bellaire, TX 77401 Brenda McCorkle 6140 Darnell Houston, TX 77074 F. H. Potthoff, III 7200 Shady Villa #10 Houston, TX 77080 Wayne E. Rentfro P. O. Box 1335

• Rosenberg, TX 77471 4

r, James M. Scott, Jr. l)jj. __j 8302 Albacore Houston, TX 77074 4

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p0ack R. Newdan