ML19210B408
| ML19210B408 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/20/1972 |
| From: | Wilchins H US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911070741 | |
| Download: ML19210B408 (5) | |
Text
,
p q
} U.
(CQ1)
...,;-Dm,...,,,...,,.,..
e a.. n
. a.-
....w.
[
ATOMIC Ei.ET.07 C1.IS$!0.1 BEFORE THE AT011C SAFETY A :C LICEtiS!!!G COAPD In the Matter of
)
)
.NETROPOLITAft EDISCli C0!iPAf!Y,- ET AL
)
DOCKET.NO.<50-259
)
(Three :iile Island i'uclear Statica
)
'Jnit 1)
)
~
AEC REGULATORY STAFF'S AllS'.!ER TO ADDE!;DUM TO PETITIO:1 TO IlTERVEi:E FILED BY THE CITIZEilS FOR A SAFE EiiVIP.0:NE:lT A:iD THE Eti'!IPC'!!'E:!TAL COSLITIC';.:F, '!UCLEAP P0'.-lER On Septarber 6,1972, Citizer.: for a Safe Environment and the Envircr.m2.qttl Coalition of i:uclear Pc.;2.- (hereinaf ter referrad to as "the petitioners") filed an "Addenc'd to tlieir " Petition for Intervention" dated August 7, 1972.
':e note that the period fixed by the Comission for the filing of petitions for leave to intervene in the captioned matter e) pired on August 7,1972.
However, for the reasons set forth 'n cur answer to petitioners' timely filing of August 7, we urge the Ccmission to grant f.he petiticners leave to file their Addandum out of tirre and to con-sider thct Adder.dum together with tha Septer6er 7 filing in deciding wilether the petitioners should be por:ritted to intervene in this proceeding.
In their Septater 5 Addendum the pe iticnam' first address a 7.;. ;.
- aci =...:.. m c_._c 1585 047 791107o 79'/
Q
Q q
s for Intervention and then set forth fifteen new contentions.
..~s.e.,....,
.,...:.:.:.c.....,....,.,.n.....,,..
.,;,.r Uith respect to matters in the Addendum relating to the original Petition.for Intervention, we have the following coments:
A.
The petiticners have not yet fally responded to our concerns, as expressed in cur answer to their August 7 filing, with respect to the identification of those whom they claim to represent.
In this connection, we note that the Addendum identifies no specific individual claimed to be represented by the Environtrental Coalition of fluclear Power, and that, contrary to a representation made therein, no list of the organizations comprising
~
such petitioner has been furnished.
In the circumstances we believe that any order permitting intervention by the petitioners should be conditioned upon the filing of an appropriate affidavit o* affirmation with respect to matters pertaining to the identity and interest of the petitioners.
,C f.
Commissicn Memorandum and Order dated September 15, 1972, In the Matter of Omaha Public Power District, Docket tio. 50-285.
B.
In their Addendum the petitioners seek to amend con-tentions (c), (h), (i) and (q) of their Petition for Intervention.
In our view these contentions, as amended by the Addendua, are in certain respects overly vague, 1585 048
7 G
s D**D P@'9')
l~ 3 -
,b.
wo a
in certain rescects simply ccnfusing /, and in general in need of chrification.
Iq addition, contention (c) p..;...,...~
.... v c.c y
v.
. i... ~. c. / - ;.,..,.
.t....
. ~.... ye,
e..>....
may be sucject to the objection noted infra uith respect to contention 50.. :However, we be.lieve that in the event tha Ocm.issi:.n cecamines to ac; cit tha petitioners as parties to the proceeding, these con-tentions could be refined and clarified through appropriate prehearing procedures.
We have the folicwing additional coments with respect to new con-tentions set forth in the Addendum:
A.
Contention 43 amounts to legal argument on a point of evidence and does not place in issue any questions of fact.
B.
Contention 45 would appear to be at least partially concerned with the nuclear fuel cycle.
To the extent that it is so concerned, these matters are outside,
the scope of this proceeding and should be excluded.
See Atomic Safety and Licensing Appeal Board Memorandum and Order dated June 6,1972 - In the flatter nf Vermont Yankee Muclear Po.ler Coro., Docket No. 50-271 and Atomic Safety and Licensing Appeal Board Memorandum and Order F
0 Z es" in centention (h) 1/ The critique of tha i5 P3rticularIV ccNfus r -
tn, e Three. ije 73)ggg gnjf )'We are no such Avice-in
~
1585 049
p 7
.)
_4 dated July 19, 1972 - In the Matter of Consumers Power comoany, Docket No. 50-329 and 50-330.
C.
Contention 50 may be intended in part as a challenge to the Commission's interim acceptance criteria for emergency core cooling systems.
To the extent the contention is intended as a challenge to the interim criteria, it is outside the scope of this proceeding.
See Atomic Safety and Licensing Appeal Board Memorandum and Order dated June 20, 1972 - In the Matter of Vermont Yankee Nuclear Power Corp., Docket No. 50-271.
D.
Except to the extent indicated above, we vould reserve judgment on the new contentions, pending clarification of the same through prehearing procedures. As to many of these contentions, it is not clear whether the petitioners are attempting tc raise triable issues of fact or merely drawing legal conclusions.
In addition, 4
certain of the contentions are confusing or unduly general.
Subject to the reservations expressed above and in our answer to the petitioners' August 7 Petition for Intervention, we have no objection to the admission of the petitioners as parties to this proceeding.
Respectfully submitted, p
Mh-n
. [Md 4._ s Howard M. Wilchins Counsel for AEC Regulatory Staff Dated at Bethesda, Maryland this 20th day of September 1972 1585 050
UNITED STATES OF AMERICA ATOMIC ENERGY COMMISSION In the Matter of
)
)
METROPOLITAN EDISON COMPANY, ET AL
)
Docket No. 50-289
)
(Three Mile Island Nuclear Station
)
Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " AEC Regulatory staff's answer to addendum to Petition to Intervene filed by the Citizens for a Safe Environment and the Environmental Coalition for Nuclear Power," dated September 20,1972, in the captioned matter, have been served on the following by deposit in the United States mail, first class or air mail, this 20th day of September,1972:
Atomic Safety and Licensing Miss Mary V. Southard, Chairman Board Panel Citizens for a Safe Environment 4
United States Atomic Energy P.O. Box 405 Commission Harrisburg,,Pa. 17108 Washington, D.C.
20545 Douglas Baker Atomic Safety and Licensing Environmental Coalition on Appeal Board Nuclear Power United States Atomic Energy 1919 Sandy Hill Road Commission Norristown, Pa. 19401 Washington, D.C.
20545 Mr. Frank W. Karas George F. Trowbridge Chief, Public Proceedings Staff Shaw, Pittman, Potts &
OfSce of the Secretary of the Trowbridge Commission Barr Building U.S. Atomic Energy Commission 91017th Street, N. W.
Washington, D. C.
20545 Washington, D. C.
20006 Mr. Frank R. Clokey Herbert C. Goldstein Special Assistant Attorney General Attorney-at-Law Room 219, Towne House Apartments 133 State Street Harrisburg, Pa. 17105 1585 051 Harrisburg. Pa. 1710
.s
,, s.,.D0 Y w.k ll.
,.L Howard M. Wilchins Counsel for AEC Regulatory Staff
.