ML19220A586

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Memo & Order Granting Petitions to Intervene by Citizens for Safe Environ & York Committee for Safe Environ, & Granting PA Request to Participate.B Pradels Petition Denied
ML19220A586
Person / Time
Site: Crane Constellation icon.png
Issue date: 07/24/1974
From: Coufal F, Kingsley S, Luebke E
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7904230136
Download: ML19220A586 (5)


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UNITED STATES OF AMERICA t

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J ATOMIC ENERGY COMMISSION m,.,u.._f hm,r.:.

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In the matter of

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METROPOLITAN EDISON COMPANY,

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JERSEY CENTRAL POWER AND

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Docket No. 50-320 LIGHT COMPANY, AND PENNSYLVANIA

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ELECTRIC COMPANY

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I (Three Mile Island Nuclear Station,

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Unit 2)

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I, MEMORANDUM AND ORDER On May 28, 1974, the Atomic Energy Commission pub-i lished in the Federal Register (39 F.R. 18497) a notice entitled " Application for Facility Operating License".

The notice provided that any person whose interest may be 8

affected by this proceeding might file a petition for leave to intervene with respect to (1) whether, consid-ering the matters covered by Appendix D to 10 CFR Part 50 of the Commission's regulations, the provisional construction permit should be continued, modified, terminated r appro-priately conditioned to protect environmental values, and (2) the issuance of a full-term facility operating license.

A cetition for intervention was filed jointly by Citizens for a Safe Environment and York Committee for a Safe Environment.

Neither the applicant nor the staff objects to the validity of at least one of the contentions GG-072 7 90423 0 t%

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. of the joint petitaners (Number 4), and we find that con-tention sufficient under 10 CFR 2.714.

The anplicant concedes the interest of both petitioners, but the staff's position is that York Committee for a Safe Environment has i

I demonstrated neither the required interest (10 CFR 2.714) nor the authority of Chauncey R. Kepford, who has acted as its representative.

The documents filed on behalf of the York Committee for a Safe Enviroument indicate that its chairman is Kepford and that his address is York, Pennsylvania.

We take official notice that York is less than 30 miles from the site of Three Mile Island Nuclear Station.

Kepford's authority to represent the Committee is alleged in his affidavit that he has been unanimously selected by the Com-mittee to do so, and that allegation is not contradicted.

Interest is therefore shown for at least one member of the Committee and, in the absence of disagreement with the allegations in Kepford's affidavit, his authority to represent the York Committee is sufficiently set forth.

Public Ser-vice Electric and Gas Company (Salem Nuclear Generating Station, Units 1 and 2), ALAB-136, RAI-73-7 487 (1973).

Barbara Pradel has filed a petition for leave to intervene on behalf of herself, her immediate family and any unborn children, to ocoose the orovisional construction L

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. permit and any operating license because of alleged

" future potentially harmful" effects resulting from the l

operation of the Station.

Both the applicant and the staff have responded that Mrs. Pradel has alleged neither the required interest in the proceeding nor any specific facts supporting her position.

The cetition is deficient in both respects when tested by Section 2.714.

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I address is given as Greencastle, Pennsylvania, and I

official notice is taken that Greencastle is more than 50 miles from Three Mile Island Nuclear Station.

The Commonwealth of Pennsylvania has requested leave to participate under the provisions of 10 CFR s

2.715(c). Neither the applicant nor the staff has objected and, under the regulation, the State having asked to parti-cipate is entitled to do so.

Citizens for a Safe Environment and York Cormittee for a Safe Environment have jointly petitioned for finan-cial and technical assistance in the crosecution of their intervention in this proceeding.

That motion is respect-fully referred to the atomic safety and licensing board 66-074 7

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! designated to hold the hearing.1!

A notice of hearing implementing this memorandum and order is attached.

It is therefore ORDERED that:

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the petition to intervene filed on behalf of Citizens for a Safe Environment and York Committee for a Safe Environment is granted, and each is admitted as a l

party; 2.

the petition to intervene filed by Barbara Pradel is denied, without prejudice to an application for leave s

to make a limited appearance pursuant to 10 CFR 2.715; 3.

the request of the Commonwealth of Pennsylvania

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to participate pursuant to 10 CFR 2.715(c) is granted; 4.

the petition of Citizens for a Safe Envi'.onment and 1/ ee Philadelphia Electric Company (Peach Bottom S

Atomic Power Station, Units 2 and 3), ALAB-216 (July 5,1974);

Philadelphia Electric Comoany (Peach Bottom Atomic Power Station, Units 2 and 3), CL1-73-6, RAI-73-2 (February 20, 1973).

See also Metronolitan Edison Comoany, et al. (Three Mile Island Nuclear Station, Unit l), CLI-73-2 43, 44 (February 20, 1973), petition for review dismissed sub. nom.

Citizens for a Safe Environment v. AEC, 489 F.

2nd 1018 (3rd Cir. 1973; Consumers Power Company (Midland Plant, Units 1 and 2), Commission memorandum and order of July 10, 1974.66-075 1

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i i York Committee for a Safe Environment for financial and technical assistance is respectfully referred to the atomic safety and licensing board designated to conduct t

the hearing.

I THE ATOMIC SAFETY AND l

LICENSING BOARD designated to rule on petitions for leave to intervene.

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'Frederic J4 Coufag Member

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a Emmeth A.

Luebke, Member l

l Sidney G.

J[ingsley,Chairmag Dated at Bethesda, Maryland this 24th day of July, 1974

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