ML19224B709

Request by Util for Denial of 790313 Petitions to Intervene. Filed by Town of Gardner & Ulster County Environ Mgt Council.Petitions Lack Standing & Fail to Justify Discretionary Intervention.Certificate of Svc Encl

ML19224B709
Person / Time
Site:	New Haven
Issue date:	05/04/1979
From:	Shutt R, Zebrak I HUBER, MAGILL, LAWRENCE & FARRELL
To:
References
NUDOCS 7906200619
Download: ML19224B709 (6)

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NUCLEAR REGULATORY COMMISSION

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t C.' s Before the Atomic Safety and Licensing Board L' In the Matter of )

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NEh' YORK STATE ELECTRIC & GAS )

CORPORATION and LONG ISLAND 1 LIGHTING COMPANY ) Docket Nos. 50-596

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

Units 1 and 2) )

APPLICANT'S ANSWER TO PETITICNS FOR LEAVE TO INTERVENE OF TgE TOUN OF GARDINER ^_ND THE ULSTEF COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL On February 9, 1979 the Nuclear Regulatory Commis-sion published in the Federal Register (44 Fed. Reg. 8392) a notice of Hearing of Application for Construction Permits regarding the application filed by the New York State Electric

& Gas Corporation (NYSEG) and the Long Island Lighting Company (LILCO) '?r construction permits for two pressurized water nuclear 2 eat ors designated as NYSEG 1 and 2 (since changed to New Hav;ri 1& 2) to be located in the Town of New Haven,

.swego County. NeW lJrk. The notice provided, inter alia, that any person ehose interest may be affected by the proceed-ing could file a petit .n to intervene by March 12, 1979.

Counsel for New Ycrk State Electric & Gas Corporation (NYSEG)

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41  % l' 79062006/7

received NRC Staff Counsel's letter dated April 19, 1979 which enclosed a copy of the Petition For Leave To Inter-vene of the Ulster County Environmental Management Council dated March 15, 1979 and the Petition For Leave to Intervene of the Town of Gardiner dated March 13, 1979.(1)

These nontimely petitions do not appear to es-tablish grounds necessary for intervening in this proceed-ing in that the Petiticners fail to satisfy the regulatory recuirements regarding a showing of standing. Although -

residence within 30-40 miles (2) or ;he reactor site is sufficient to satisfy the " zone of interest" test as set forth in the Pebble Springs case, Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1& 2), CLI 76-27, 4 NRC 610 (1976), and residence within 50 miles (3) might also satisfy this test, the Petitioners' remote location in (1) NYSEG is also in receipt of the Town of Gardiner's letter dated April 12, 1979 which was received on April 26, 1979 from the Office of the Secretary of the Commission with docket date stamp of April 23, 1979.

( ) Northern States Power Co. (Prarie Island Nuclear Generating Plant, Units 1 & 2), ALAB-107, 6 AEC 188, 190, reconsideration denied, ATAB-110, 6 AEC 247, affirmed, CLI-73-12, 6 AEC 241 s1973); 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, Units 1 & 2), ALAB-146, 6 AEC 631, 633-34 (1973).

(3) Tennessee valley Authority (Watts Bar Nuclear Plant, Units 1 & 2), ALAB-413, 5 NRC 1418, 1421 at n. 4 (197-).

419 P ,,

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Ulster County, more than 100 miles from the proposed New Haven 1 & 2 facility, and the failu., :o particularize an injury that the Petitioners would sustain from the construction and/or operation of New Haven Units 1 & 2 as required by 10 CFR 52. 714 (a) (2) , should preclude a finding of standing.

".he notice appearing in the Federal Register on February 9, 1979, required that petitions to intervene be filed by March 12, 1979. Tht petitions of the Town of Gardiner and the Ulster County Environmental Management Council were filed after that date.I4) Other than the Petitioners' allegation that they weren't aware that alternate sites were being considered in Ulster County as good cause for failure to file on time, they have failed to address the factors contained in 10 CFR 92.714 (a) (1) .

With respe c to the granting of discretionary intervention, in view of the Petitioners' silence on the factors contained in 10 CFR 52. 714 (a) , (d) at.d the Pebble Springs case (Portland General Electric Co. (Pebble Springs Nuclear Power (4) NYSEG was served with the petitions of the Town of Gardiner and the Ulster County Environmental Management Council on April 19, 1979 by letter of NRC Staff Counsel to the Board.

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Plant Units 1 & 2), supra, at 614-17), the Petitioners have not justified, on the face of its pl.eading, the granting of party status as a matter of discretion.

Respectfully subr.itted, NEW YORK STATE ELECTRIC

& GAS CORPORATION S

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Roderick[ghutt Ira Lee L2'ebrak Roderick Schutt, Esq.

Ira Lee Zebrak, Esq.

Huber Magill Lawrence & Farrell 99 Park Avenue New York, New York 10016 Dated: May 4, 1979 7

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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 service of APPLICANT'S ANSWER TO PETITIONS FOR LEAVE TO INTERVENE OF THE TOWN OF GARDINER AND THE ULSTER COUNTY ENVIRONMENTAL MANAGEMENT COUNCIL was made upon the following by first-class mail on May 4, 1979:

Seymour Wenner, Esquire Atomic Safety and Licensing Chairman Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 Washington, D. C. 20555 Dr. Oscar H. 1aris Stephen H. Lewis, Esquire Member Marcia E. Mulkey, Esquire Atomic Safety and Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D. C. 20555 washington, D. C. 20555 Dr. Walter H. Jordan Edward J. Walsh, Jr., Esquire Member Long Island Lighting Company Atomic Safety and Licensing Bcard 250 Old Country Road 881 West Outer Drive Mineola, New York 11501 Oak Ridge, TN 37830 Stanley B. Klimberg, Esquire Acting Counsel U.S. Nuclear Regulatory Commission New York State Energy Office Office of the Secretary 2 Rockefeller Plaza Docketing and Service Section Albany, New York 12223 Washington, D. C. 20555 hfy 237

. 4 Mr. Mark R. Gibbs Paul Von 1nski, Ph.D.

Town Supervisor Vice President Town of Mexico Mexico Acaiemy and S. Jefferson Street Central School Mexico, New York 13114 Mexico, New York 13114 Safe Energy for New Haven Michael FlyIn, Esquire c/o Ms. Linda Clark Robert Gray, Esquire Box #22, RD #1 Craig Indyke, Esquire Mexico, New York 13114 State of New Yorn Department of Public Service Oswego County Farm Bureau Empire State Plaza c/o Ms. Nancy K. Weber Albany, New York 12223 RD #3 Mexico, New York 13114 David A. Engel, Ecquire New York State Department of Mr. Peter D. G. Brown Environmental Conservation Chairman of the Board 50 Wolf Road Mid-Hudson Nuclear Opponents, Inc. Albany, New York 12233 P. O. Box 666 New Paltz, New York 12561 William Keeping, Supervisor Town of Gardiner Ecology Action Gardiner, New York 12525 c/o Ms. Helen Daly W. River Rd. RD #5 Dr. Stephen J. Egemeier Oswego, New York 13126 Chairman Environmental Management Council Robert J. Kafin, Esquire 300 Flatbush Avenue Miller, Mannix, Lemery & Kafin, P.C. Kingston, New York 12401 P. O. Box 765 11 Chester Street Glens Falls, New York 12801 Ira Lee Zgbrak, Esquire Huber Magill Lawrence & Farrell 99 Park Avenue New York, New York 10016

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