ML19224A687

Answer Seeking Denial of 790319 Petition to Intervene Filed by Mid-Hudson Nuclear Opponents,Inc.Certificate of Svc Encl

ML19224A687
Person / Time
Site:	New Haven
Issue date:	04/03/1979
From:	Schutt R, Zebrak I NEW YORK STATE ELECTRIC & GAS CORP.
To:
References
NUDOCS 7905240160
Download: ML19224A687 (6)

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/m, UNITED STATES OF AMERICA , [5 ( -

NUCLEAR REGULATORY COMMISSION <<

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Before the Atomic Safety and Licensing Board G f', N -

In the Matter of )

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NEW YORK STATE ELECTRIC & GAS )

CORPORATION and LONG ISLAND )

LIGHTING COMPANY )

) Docket Nos. STN 50-596 (New Haven Nuclear Power S ta tion,) STN 50-597 Units 1 and 2) )

APPLICA' T 'S ANSUER TO PETITION TO INTERVENE OF MID-HUDSON NUCLEAR OPPONENTS On February 9, 1979 the Nuclear Regulatory Com-mission published in the Federal Register a notice which provided, inter alia, that any person whose interest may be affected by this proceeding could file a petition to intervene by March 12, 1979.

On March 22, 1979 Counsel for New York State Electric & Gas Corporation (NYSEG) received " PETITION TO INTERVENE OF MID-HUDSON NUCLEAR OPPONENTS, INC. ("MHNO")"

which bears the date of March 19, 1979.

The nontimely petition, which is apparently neither signed nor conformed, does not appear to establish ground.c necessary for intervening in this procee6.ng. Al-

.1 v 418 298 7905'2 40 /b d

f though residence within 30-40 miles ( of the reactor site is sufficient to satisfy the " zone of interest" test as set forth in tne Pebble Springs case, Portland General Elcctric Co. (Pebble Springs Nuclear Plant, Units ' & 2), CLI-7 6-2 7, 4 NRC 610 (1976), and residence within 50 miles (2) might also satisfy this test, the Petitioner's remote location from the proposed New Haven s

1 & 2 facility, its representation of "a distinct Mid-Hudson area constituency with interests different than any other parties to this case..." and its failure to particularize an injury that it or it7 members would sustain as required by 10 CFR S 2. 714 (a ) ( 2 ) , should pre-clude a finding of standing.

(1) Northern States Power Co. (Prarie Island Nuclear Generating Plant, Units 1 & 2), ALAB-107, 6 AEC 188, 190, reconsideration denied, ALAB-110, 6 AEC 247, affirmed, CLI-73-12, 6 AEC 241 (1973); Louisiana Power & Light Co. (Waterford Steam Electric Station Unit 3), ALAB-125, 6 AEC 371, 372 n. 6 (1973);

Virginia Electric & Power Co. (North Anna Power Station, Unit 1 & 2), ALAB-146, 6 AEC 631, 633-34 (1973).

(2) Tennessee Valley Authority (Gatts Bar Nuclear Plant, Units 1 & 2), ALAB-413, 5 URC 1418, 1421 at n. 4 (1977).

(3) Petition to Intervene of Mid-Hudson Nuclear Opponents, Inc., paragraph 8, March 19, 1979.

418 299

f In addition, the Petitioner has failed to address the requirements of 10 CFR 5 2. 714 (d) , and its request should not be entertained in the absence of any assertion of a reason for failing to fil- on time which would enable the Licensing Board to balance the factors set forth in 10 CFR S 2 . ~/14 ( a ) 1).

In light of the Petitioner's "... distinct Mid-Hudson area constituency with interests difforent than any of the parties to this case...", its failure to par-ticularize its "... unique expertise on certain aspects of energy planning in New York State..." and the fact that the Petitioner has available other means of protecting its interests as "...a full party in Case 80008, the New York State siting proceeding relating to the same facilities which are the subject of this proceeding..." the Petitioner has not justified, on the face of its pleading, the granting of party status as a matter of discretion.

(4) Id.

(5) Id. at paragraph 9.

(6) Id. at paragraph 5. The Applicant is not aware that party status has been granted the Petitioner.

418 300

_4_

Respectfully submitted, NEW YORK STATE ELECTRIC

& G;S CORP RATI N y

,L L 'Lt Roderick Schutt Ira Lee Zebrak Roderick Schutt, Esq.

Ira Lee Zebrak, Esq.

Huber Magill Lawrence & Farrell 99 Park Avenue New York, New York 10016 Dated. April 3, 1979 418 301

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

NEW YORK STATE ELECTRIC & GAS )

CORPORATION and LONG ISLAND )

LIGHTING COMPANY ) Docket Nos. STN 50-596

) STN 50-597 (New Haven Nuclear Power Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I certify that servi ce of APPLICANT' S ANSUER TO PETITION TO INTERVENE OF MID-HUDSON NUCLEAR OPPONENTS was made upva the following by first-class mail on April 3, 1979:

Seymour Wenner, Esquire Daniel T. Swanson, Esquire Chairman Marjorie B. Ulman, Esquire Atomic Safety and Licensing Board Stuart A. Treby, Esquire U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Dr. Oscar H. Paris Edward J. Walsh, Jr., Esquire Member Long Island Lighting Company Atomic Safety and Licensing Board 250 Old Country Road U.S. Nuclear Regulatory Commission Mineola, New York 11501 Washington, D.C. 20555 Stanley B. Klimberg, Esquire Dr. Walter H. Jordan Acting Counsel Member New York State Energy Office Atomic Safety and Licensing Board 2 Rockefeller Plaza U.S. Nuclear Regulatory Commission Albany, New York 12223 Washington, D.C. 20555 Mr. Mark R. Gibbs U.S. Nuclear Regulatory Commission Town Supervisor Office of the Secretary Town of Mexico Docketing and Service Section S. Jefferson Street Washington, D.C. 20555 Mexico, New York 3114 418 302

m Atomic Safety and ,icensing Ecology Action Board Panel c/o Ms. Helen Daly U.S. Nuclear Regulatcry Commission W. River Rd. RD #5 Washing cn, D.C. 20555 Oswegc, New York 13126 Safe Energy for New Haven c/o Ms. Linda Clark Robert J. Kafin, Esquire Box #122, RD #1 Miller, Mannix, Lemery Mexico, New York 13114 & Kafin, P.C.

P.O. Box 765 Oswego County Farm Bureau 11 Chester Street c/o Ms. Nancy K. Weber Glens Falls, New York 12801 RD #3 Merico, New Ycrk 13114 Paul Vcninski, Ph.D.

Vice President Mr. Peter D. G. Brown '8exico Academy and Chairman of the Board Central School Mid-Hudson Nuclear Opponents, Inc. Mexico, New York 13114 P.O. Box 666 New Paltz, New York 12561 4:r Ira Lee Zeb k, Esquire Huber Magill Lawrence & Farrell 99 Park Avenue New York, New York 10016 418 303