ML19209C376
| ML19209C376 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 09/04/1979 |
| From: | Steptoe P DUKE POWER CO., ISHAM, LINCOLN & BEALE |
| To: | Leithauser J, Oneill J AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 7910150194 | |
| Download: ML19209C376 (12) | |
Text
d Wf f n
z
,Q,
\\
s
/
UNITED STATES OF AMERICA 6
/
NUCLEAR REGULATORY COMMISSION o'
N In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket No. 50-155
)
(Big Rock Point Nuclear
)
Plant)
)
APPLICANT'S. ANSWERS TO PETITIONS TO INTERVENE Pursuant to 10 CFR S2.714 (c) Consumers Power Company (" Applicant") submits the following answers to the Petitions to Intervene received to date in this matter.
Applicant opposes only the petition of Northwest Coalition and John A.
Leithauser, but it requests that the partici-pation of all petitioners allowed to interevene in this proceeding be consolidated pursuant to 10 CFR SS2.714 (e)
I.
Applicable Legal Standards The Commission's regulations require that persons who seek to intervene set forth with particularity their interest in the proceeding and how that interest may be affected.
10 CFR S2.714 (a) (2).
For persons living "little more than a stone's throw" from a facility a mere showing of such close proximity is sufficient to establish the 1146 213 7910150l9Y G
requisite interest.
Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and ' J ALAB-522, 9 NRC 54 (1979).
However, for persons living fifty miles from a facility the case law establishes only that standing is not necessarily precluded.
Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2), ALAB-413, 5 NRC 1418, 1421 n.4 (1977).
Where an organization petitions to intervene it must base its claim to standing either on its own organiza-tional interest or on the individual interest of at least one identified member.
Houston Lighting and Power Co.
(Allens Creek :Iuclear Generating Station, Unit 1),
ALAB-535, 9 NRC (1979).
In the latter case, the organization must also show that the identified member has authorized it, explicitly or presumptively, to represent his or her interest.
Id.
In addition, 10 CFR S2. 714 (a ', ( 2 ) requires that petitioner state "with particularity" the specific aspects of the subject matter of the proceeding as to which it wishes to intervene.
Because of the relatively recent effec-tive date of the current version of 10 CFR S2.714, the pre-cise meaning of the term " aspect" as used in that section has not been clearly established by previous decisions of the Commission or its adjudicatory boards.
However, if the 1146 214 term is to have any meaning whatsoever, the purpose of requiring the identification of the aspect of the subject matter as to which petitioner wishes to intervene must be to allow the Licensing Board to evaluate if the aspect is a proper subject matter for adjudication in a particular hearing.1/
"If facts pertaining to the licensing of a particular nuclear power plant are at issue, an adjudicatory proceeding is the right forum.
But if someone wants to advance generalizations regarding his particular views of what applicable policies ought to be, a role other than as a party to a trial-type hearing should be chosen."
Duke Power Co. (William B. McGuire Nuclear Station, Units 1 and 2), ALAB-128, 6 AEC 399, 401 (1973).
If the only aspect or aspects of the subject matter identified in a petition are not proper subject matters for adjudication in an operating license adjudicatory hearing, the petitioner will clearly be unable to later draft one good contention within the scope of the identified aspect.
1/
The Appeal Board in Philadelphia Electric Co.,
(Peach Bottom Atomic Power Station, Units 2 and 3), ALAB-216, 8 AEC 13, 20-21 (1974) identified this as one of the reasons for the one good contention rule.
While an
" aspect" probably need not be as specifically drawn as a contention, and need not specify the basis for any subsequently filed contentions (10 CFR S2. 714 (a) (3 ) ),
it must be 2dequate to permit the Licensing Board to determine whether the hearing process at the operating license stage is being needlessly invoked. See:
Cincinnati Cas & Electric Co. (William H.
Zimmer Nuclear Power Station), ALAB-305, 3 NRC 8, 12 (1976).
,1146 215
_3_
II.
The Petitions to Intervene A.
Petition of Twenty-Four Persons Living Within Fifty Miles of the Big Rock Point Plant Although this petition recites only that the signers all live within a fifty mile radius of the Big Rock Point nuclear plant, the addresses given indicate that the signers actually live in Boyne City, Petoskey, Charlevoix, and East Jordan, all within approximately fifteen miles of the plant.
Accordingly, Applicant believes that this petition adequately demonstrates the interest of its signers.
- Further, the petition sets forth at least one specific aspect, namely the integri'ty of the south wall of the spent fuel storage pool, with requisite particularity.2/
Applicant therefore has no objection to admission of these petitioners as a party to this proceeding, provided they are required to designate a spokesman and their participation is consolidated pursuant to 10 CFR SS2.714 (e).
See also 10 CFR S2.715a and Duke Power Comp &ny (Amendment to Materials License SNM-1733 --
Transpor:ation of Spent Fuel from Oconee Nuclear Station for
-2/
Applicant does not of course concede that there is any foundation in fact to this concern.
See Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2), ALAB 522, 9 NRC 54, 55-6 (1979).
Nor does Applicant admit that this aspect, without further clarification, would make an acceptable contention.
We merely agree that petitioners have raised this issue with sufficient specificity to satisfy the Commission's pleading requirements at this stage of the proceeding.
I146 216 Storage at McGuire Nuclear Station), ALAB-528, 9 NRC 146, 150n.9 (1979).
Applicant requests that the group designate an agent for service of process as required by 10 CFR 52.708 (e).
B.
Petition of Northwest Coalition and John A.
Leithauser This petition is deficient in that it fails to establish the requisite interest of the three petitioning organizations (collectively referred to as " Northwest Coalition") in this proceeding.
If organizational interests are being represented, these interests are not identifi-d.
If Northwest Coalition instead seeks to represent the nterests
~
of individual members of its three constituent organir.tions, the petition is inadequate in that it fails to identify any of the affected members.
Houston Lighting and Power Co.,
supra.
Mr. Leithauser's statement of individual interest contained in the cover letter to the Northwest Coalition petition would be sufficient to support intervention had he also identified a " specific aspect" of the subject matter of this proceeding with respect to which he sought to intervene.
However, the Northwest Coalition - Leithauser petition is deficient in that no attempt is made to comply with this requirement of 10 CFR S2.714 (a).
The petition for leave to intervene contains nothing more than cryptic references to
" deteriorating hardware at the plant site," " nuclear excursions resulting from a spent fuel accident," and the " spiritual, L146 217
_5-
social, chysical and psychological vitality" of the local community.
It is impossible to tell whether hidden in these vaguely worded concerns there potentially lies at least one valid, litigable contention.
This failure to identify " specific aspects" also weighs against discretionary intervention, since there is nothing which would support a conclusion that petitioners' participation will assist in developing a sound record.
Portland General Electric Company, (Pebble Springs Nuclear Plant, Units 1 and 2), CLI 76-27, 4 NRC 610, 616 (1976).
Applicant requests that the Northwest Coalition -
Leithauser petition be denied.
In the event that the petitioners are allowed to amend their petition and are able to cure the defects described above,1! consolidation with other intervenors should be required.
C.
Petition of John O'Neill, II Mr. O'Neill's petition to intervene states that he is only a part-time resident of Burdicksville, Michigan, fifty miles southwest of Big Rock Nuclear Reactor, although he is " seriously considering settling in the area permanently."
3/
Petitioners apparently recognize these deficiencies because in his cover letter, Mr. Leithauser promises to supplement the petition to include " supporting contentions" and affidavits from Petoskey and Charlevoix citizens.
Applicant has not yet received these promised documents.
1146 218 Thus, Mr. O'Neill's geographical relationship to the Big Rock plant is at the very fringe of those which the Appeal Board has suggested might possibly confer standing in NRC licensing proceedings.
See Tennessee Valley Authority (Watts Br ? Nuclear Plant, Units 1 and 2), ALAB-413, 5 NRC 1418, 1421n.4 (1977).
Further, with the possible exception of the first aspect identified in the petition Mr. O'Neill has failed to meet the requirement of 10 CFR S2.714 that he set forth with particularity any specific aspects of this spent fuel capacity expansion proceeding with respect to which he wishes to intervene.4/
Although Mr. O'Neill's interest in this proceeding is marginal at best, Applicant does not object to the granting of his petition provided his parti-cipation is consolidated with that of other intervenors.
Respectfully submitted, I
{
sn -
One" of the,7ttdrheyslfor Consumers Power Company ISHAM, LINCOLN & BEALE Suite 4200 One First National Plaza Chicago, Illinois 60603 (312) 558-7500 4/
The first aspect isfers to "the possibility of increased radiation emanat-g from fuel rods stored in close proximity.
While this is far from clear, it may contain the basis for a contention.
The last aspect, relating to long term storage of spent fuel, appears to be legally irrelevant in this proceeding, since the Commission has announced its intention to conduct a generic proceeding on this issue.
44 Fed. Reg. 45362, 45363, 45369 n. 26 (August 2, 1979).
ll4b 219 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket Ho. 50-155
)
(Big Rock Point Nuclear
)
Plant)
}
DESIGNATION OF PERSONS UPON WHOM SERVICE SHALL BE MADE Pursuant to 10 CFR SS2.708 (e) and 2.712 (b)
Consumers Power Company requests that service be made in this proceeding on the following individuals:
Judd L. Bacon, Esq.
Consumsrs Power Company 212 West Michigan Avenue Jackson, Michigan 49201 Joseph Gallo, Esq.
Isham, Lincoln & Beale 1050 17th Street, N.W.,
- 701 Washington, D.C.
20036 Philip P.
Steptoe, Esq.
Isham, Lincoln & Beale One First National Plaza, #4200 Chicago, Illinois 60603 f
(
Phil'ip P'. StyptoY l
One of the Attorneys for Applicant DATED:
September 4, 1979 ISHAM, LINCOLN & BEALE One First National Plaza Suite 4200 Chicago, Illinois 60603 (312) 558-7500 1146 220
i i
UNITED STATTS OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket No. 50-155
)
(Big Rock Point Nuclear
)
Plant)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.
In accordance with 10 CFR S2.713 (a), the following information is provided:
Name:
Michael I. Miller Address:
Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Telephone:
312-558-7500 Admissions:
Supreme Court of Illinois District Court for the District of Columbia District Court for the Northern District of Illinois Name and Address of Consumers Power Company Party:
212 West Michigan Avenue Jackson, Michigan 49201 Y 5.
s Michael I. Miller
'-/
J Dated:
September 4, 1979 l146 221
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket No. 50-155
)
(Big Rock Point Nuclear
)
Plant)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.
In accordance with 10 CFR S2.713(a), the following information is provided:
Name:
Joseph Gallo Address:
Isham, Lincoln & Beale 1050 17th Street, N.W.,
- 701 Washington, D.C. 20036 Telephone:
202-833-9730 Admissions:
District of Columbia Court of Appeals Supreme Court of Minnesota Supreme Court of the United States Name and Address of Consumers Power Company Party:
212 West Michigan Avenue Jackson, Michigan 49201 fb &
es u
/ Joseph Galla
~/
Dated:
September 4, 1979 1146 222
e a
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket No. 50-155
)
(Big Rock Point Nuclear
)
Plant)
)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an a'pearance in the captioned p
matter.
In accordance with 10 CFR S2.713 (a), the following information is provided:
Name:
Philip P.
Steptoe Address:
Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Telephone:
312-558-7500 Admissions:
Supreme Court of Illinois Supreme Court of Virginia District Court for the Northern District of Illinois Name and Address of Consumers Power Company Party:
212 West Michigan Avenue Jackson, Michigan 49201 N
Philip PJ Steptoe /
Dated:
September 4, 1979 l146 223
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
CONSUMERS POWER COMPANY
)
Docket No. 50-155
)
(Big Rock Point Nuclear
)
Plant)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Answers To Petitions To Intervene" dated September 5, 1979, he.ve been served upon the following by deposit in the United States mail, first class, postage prepaid, this 5th day of September, 1979:
Docketing and Service Section R. E. Cunningham*
U.
S. Nuclear Regulatory Commission Box 3339 Washington, D.C.
20555 Boyne City, Michigan 49712 Ms. Janis Moore, Esq.
Jim E. Mills
- Office of Executive Legal Rt. 2, Box 108 Director Charlevoix, Michigan 49720 U.S. Nuclear Regulatory Commission Wahsington, D.C.
20555 Christa-Maria
- Rt. 2, Box 108c John A.
Leithauser Charlavoix, Michigan 49720 Energy Resources Group General Delivery Levering, Michigan 49755 John O'Neill, II Route 2, Box 44 Maple City, Michigan 49664
(
w Philip {. 6EEptoq
- These three persons are being served as representatives.
of the twenty-four citizens who jointly filed a petition in this matter since not all of the names and addresses on the petition are legible.
l ! 4 b 2,2 /;