ML19210D990
| ML19210D990 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 11/09/1979 |
| From: | Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911290138 | |
| Download: ML19210D990 (5) | |
Text
g NRC PUBLIC DOCUMENT 100M UNITED STATES OF AMERICA 11/9/79 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466
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(Allens Creek Nuclear Generating
)
Station, Unit 1)
)
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NRC STAFF'S RESPONSE TO PETITION FOR LEAVE TO INTERVENE FILED BY ROBERT ALEXANDER The NRC Staff opposes the untimely petition for leave to intervene filed by Robert Alexander on October 18, 1979, in the captioned proceeding. Mr. Alexander's petition was filed three months after the deadline set forth in this Board's
" Supplemental Notice of Intervention Procedures" published in the Federal Register on June 18, 1979 (44 Fed. Reg. 35062).
Pursuant to 10 CFR 92.714, that notice also specified, inter alia, that a petition must set forth the interest of the petitioner in the proceeding and how that interest may be affected by the results of the proceeding.
It is not clear from Mr. Alexander's filing how close he and his family reside to the proposed site; nor does he identify any particular interest of his which might be affected by the outcome of this proceeding. Therefore, it is not clear from the petition whether Mr. Alexander has standing to intervene pursuant to 10 CFR 52.714 or not.
1434 251 7911290137
. With regard to the fact that Mr. Alexander's petition was filed late,10 CFR 52.714(a)(1) provides in pertinent part:
Nontimely filings will not be entertained absent a determination by the Comission, the presiding officer or the atomic safety and licensing board designated to rule on tne petition and/or request, that the petit on and/or request should be granted based upon i
a balancing of the following factors in addition to those set'out in paragraph (d) of this section.
(i) Good cause, if any, for failure to file on time.
(ii) The availability of other means whereby the petitioner's intercst will be protected.
(iii) The extent to which the petitioner's participation may reasonably be expected to assist in developing a sound record.
(iv) The extent to which the petitioner's interest will be represented by existing parties.
(v) The extent to which the petitioner's participation will broaden the issues or delay the proceeding.
The first factor clearly weighs against the petitioner. While not explicitly addressing that factor, Mr. Alexander's letter indicates that he established residence in Houston only in September of this year.
However, as the Appeal Board has noted, recent acquisition of standing is not an excuse for late filing by itself. Carolina Power and Light Co. (Shearon Harris Nuclear Power Plant, Units 1-4), ALAB-526, 9 NRC 122 (1979). Further, where good cause is lacking for an untimely filing, the burden of justifying late intervention 1434 252 based on the other factors is greater.
Duka Power Co. (Perkins NLclear Station, Units 1, 2 & 3), ALAB-431, 6 NRC 460, 462 (1977); Metropolitan Edison Co.
(Three Mile Island Nuclear Station, Unit 2), ALAB-384, 5 NRC 612, 615 (1977);
Project Management Corp. (Clinch River Breeder Reactor Diant), ALAB-354, 4 NRC 383, 389 (1976); Va. Electric & Power Co. (North Anna Station Units 1 & 2),
ALAB-289,2NRC395,398(1975).
The Staff notes that the petitioner has also failed to submit any contentions as part of his petition. Therefore, the petition would have to be denied in any case, since one of the requirements of intervention is the filing of at least one contention which complies with the Comission's Rules of Practice.
See, e.g., Mississippi Power and Light Co. (Grand Gulf Nuclear Station Units 1 and 2), ALAB-130, 6 AEC 423, 424 (1973). Beyond that, since no contentions have been proffered, it is impossible to find that any of the remaining four factors related to untimely filings weigh in the petitioner's favor.
For the above reasons, the Staff believes that Mr. Alexander's petition should be denied.
Respectfully submitted, Stephe M. Schinki Counsel for NRC Staff Dated at Bethesda, Maryland, this 9th day of November,1979.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of HOUSTON LIGHTING & POWER COMPANY Docket No. 50-466 (Allens Creek Nuclear Generating
)
Station, Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO PETITION FOR LEAVE TO INTERVENE FILED BY ROBERT ALEXANDER" in the abova-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 9th day of November, 1979:
Sheldon J. Wolfe, Esq., Chaiman
- Richard Lowerre, Esq.
Atomic Safety and Licensing Board Panel Asst. Attorney General for the U.S. Nuclear Regulatory Commission State of Texas Washington, DC 20555 P.O. Box 12548 Capitol Station Dr. E. Leonard Cheatum Austin, Texas 78711 Route 3. Box 350A Watkinsville, Georgia 30677 Hon. Jerry Sliva, Mayor City of Wallis, Texas 77485 Mr. Gustave A. Linenberger
- Atomic Safety and Licensing Board Panel fIon. John R. Mikeska U.S. Nuclear Regulatory Commission Austin County Judge Washington, DC 20555 P.O. Box 310 Bellville, Texas 77418 R. Gordon Gooch, Esq.
Baker & Botts Mr. John F. Doherty 1701 Pennsylvania Avenue, N.W.
4327 Alconbury Street Washington, DC 20006 Houston, Texas 77021 J. Gregory Copeland, Esq.
Mr. and Mrs. Robert S. Framsen Baker & Botts 4822 Waynesboro Drive One Shell Plaza Houston, Texas 77035 Houston, Texas 77002 Mr. F. H. Potthoff, III Jack Newman, Esq.
1814 Pine Village Lowenstein, Reis, Newman & Axelrad Houston, Texas 77080 1025 Connecticut Avenue, N.W.
Washington, DC 20037 D. Marrack 420 Mulberry Lane Carro Hinderstein Bellaire, Texas 77401 8739 Link Terrace Houston, Texas 77025 1434 254
2-Texas Public Interest Margaret B' shop Research Group, Inc.
11418 Oak 3pring c/o James Scott, Jr., Esq.
Houston, Texas 77043 8302 Albacore Houston, Texas 77074 Glen Van Slyke 1739 Marshall Brenda A. McCorkle Houston, Texas 77098 6140 Darnell
. Houston, Texas 77074 J. Morgan Bishop 11418 Oak Spring Mr. Wayne Rentfro Houston, Texas 77043 P.O. Box 1335 Rosenberg, Texas 77471 Stephen A. Doggett, Esq.
Polian, Nicholson & Doggett Rosemary N. Lemmer P.O. Box 592 11423 Oak Spring Rosenberg, Texas 77471 Houston, Texas 77043 Bryan L. Baker Charles Andrew Perez
,1118 Montrose 1014 Montrose Blvd.
Houston, Texas 77019 Houston, Texas 77019 Robin Griffith Leotis Johnston 1034 Sally Ann 1407 Scenic Ridge Rosenberg, Texas 77471 Houston, Texas 77043 Elinore P. Cummings Atomic Safety tad Licensing
- 926 Horace Mann Appeal Board Rosenberg, Texas 77471 U.S. Nuclear Regulatory Comnission Washington, DC 20555 Mrs. Connie Wilson 11427 Oak Spring Atomic Safety and Licensing
- Houston, Texas 77043 Board Panel U.S. Nuclear Regulatory Commission Patricia L. Streilein Washington, DC 20555 Route 2, Box 398-C Richman, Texas 77469 Docketing and Service Section
- Office of the Secretary Carolina Conn U.S. Nuclear Regulatory Commission 1414 Scenic Ridge Washington, DC 20555 Houston, Texas 77043 Mr. William J. Schuessler 5810 Darnell Houston, Texas 77074
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s$tepngn M. Soninki Counsel for NRC Staff P434 255
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