ML19224C264
| ML19224C264 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 06/11/1979 |
| From: | Black R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19224C265 | List: |
| References | |
| NUDOCS 7907020025 | |
| Download: ML19224C264 (6) | |
Text
06/11/79 PWLIC DOCIBIEh7 ROW
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BEFORE THE ATO'11C SAFETY AND LICENSING BOARD 6;
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In the Matter of
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GENERAL ELECTRIC C0"PANY Docket No. 70-1308
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(GE Morris Operation Spent Fuel
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Storage Facilit"1
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NRC STAFF'S ANSWER TO PETITION FOR LEAVE TO INTERVENE FILED BY THE STATE OF ILLIN0IS On April 24, 1979, the U.S. Nuclear Regulatory Commission (Commission) published in the Federal Recister (44 Fed. Reg. 24354) a notice with respect to its consideration of General Electric Company's (Licensee) application to renew its Materials License No. SNM-1265 at the Licensee's fuel storage plant at Morris, Illinois (Morris Operation). The notice provided that any person whose interest may be affected could subnit a petition for leave to inte.vene in accordance with 10 CFR 2.714 by May 25,1979.
On May 21, 1979, the State of Illinois through its Attorney General filed a petition for leave to intervene.
In its petition, Illinois sought interven-tion both as a party as provided by 10 CFR 52.714 and as an interested State as provided by 10 CFR $2.715(c).
Illinois also requested that the Commission grant a hearing on this proposed license renewal and that it and any other interested individuals and organizations be allowed to participate fully in such preceedings.
Finally, the Illinois petition requested that the Commission 267 Di:.
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. prenare an Environmental Impact Statement in connection with this licensing action.
The NRC Staff's response to each of these requests is set 'forth below.
I.
INTERVENTION PURSUANT TO 10 CFR 52.714 As stated in the notice, a petition for leave to intervene must satisfy the requirements of 10 CFR @2.714 of the Commission's Rules of Practice.
This regulation directs that a petitioner set forth with particularity the interest of the petitioner in the proceeding and how that interest may be affected by the results af the proceeding.
In addition, the petition should identify the specific aspect (s) of the subject matter of the proceeding as to which the petitioner wishes to intervene, a.
Interest - The State of Illinois alleges that it b's an interest in this proceeding because of its responsibility to protect the health, safety, and environment of its citizens with respect to any licensed operations at the '1 orris facility (Petition, pp. 2-3).
The NRC Staff believes that these asserted interests satisfy the
" interest" requirements of 10 CFR @2.714 b.
Identificaticn of Ascects of Sub_iect "atter - In its petition, the State of Illinois sets forth a Statement of Ccntentions (Petition, pp. 4-7).
Although at this time it appears that the contentions listed are not supported by the requisite specificity and basis to A
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allow their interjection in this proceeding as issues in con-troversy, we believe they do set forth a reasonable identifica-tion cf the specific aspects of the subject matter as to whicn intervention is sought.
Consequently, the NRC Staff believes that this petition meets the requirements of 10 CFR @2.714 pertinent to interest and specification of " aspects of the proceeding."
Not later than fifteen (15) days prior to the special prehearing conference held pursuant to 10 CFR 52.714(a), or prior to the first prehearing confer-ence where no special preharing conference is held, a petitioner must supple-ment his petition to include a list of the contentions which a petitioner seeks to have litigated in the proceeding.
In light of the NRC Staff's belief that the Stata of Illinois has satisfied the " interest" requirements of 10 CFR @2.714, we hope that we can meet with the State of Illinois in the near future in order to discuss the contentions in which they wish to partici-pate in this procetding with the possible result that an agreement can be reached among the parties and the State of Illinois as to a revised statenent of contentions and a stipulation submitted to the Licensing Board.
This p"ocedure is consistent with the Comnissicn's views stated in the Statement of Consideration issued in connection with the amendment of 10 CFR 52.714.
43 Fed. Reg.17793 ( April 26,1978).
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. II.
INTERVENTION AS AN INTERESTED STATE PMSUANT TO 10 CFR 42.715(c)
The State of Illinois has also requested intervention as an " interested State" pursuant to the provisions of 7 0 CFR 52.715(c).
This would allow Illinois to participate in th: development of the record on any issue which is before the Licensing Board, assuming that a hearing is held, not just those issues with which it has filed contentions under 10 CFR @2.714.
Such
" dual" participation has been sanctioned by the Appeal Board.
Project Manace-ment Corcoration, et al. (Clinch River Breeder Reactor Plant), ALAB-354, 4 NRC 383 at 392-93.
Accordingly, the State of Illinois should be granted inter"ention under 10 CFR @2.715(c) ead be allowed to participate as an
" interested State" on those issue (s) in this proceeding in addition to the issues raised by its admitted contentions.
III.
OTHER REQUESTS 1.
Particioation by Others Than the State of Illinois The State of Illinois has requested that any other interested individuals or organizations be allcwe ' to participate fully in this proceeding.
The Staff opposes this request. The right of any other interested individual or organization to participate in this prcceeding must be determined on the basis of a petition for leave to intervene filed by those interested persons in accordance with the requirements set out in the April 24, 1979 Federal Register Notice and a subsequent determination by the Licensing Board con-sistent with the prcvisions of 10 CFR 62.714 Persons not admitted in 267 Di<
. acgordance with the provisions of 10 CFR @2.714 may avail themselves of the provisions of 10 CFR 52.715(a) and participate in the proceeding by means of limited appearance statements.
2.
Demand for An Environmental Inoact Statement Finally, the State of Illinois has requested that the Commission prepare an environmental impact statement with respect to this licensing action.
A license renewal is not a licensing action for which the Commission's regula-tions mandate that an environmental impact statement must be preparcd and circulated. Sec 10 CFR 651.5(a).
Rather, a license renewal is an action that may or may not require prepa ation of an environmental impact statement, depending on the circumstances. See 10 CFR 551.5(b)(5).
Consequently, the decision as to whether an environmental impact statement should be prepared in this instance will be at the discretion of the Commission, guided by the Council on Environmental Quality Guidelines, 40 CFR 1500.6 and based upon the fit dings of an environmental impact e/aulation which the Staff is pre-paring.
As the evaluation is not completed, no decision has been reached by the Commi:sion as to what NEPA action, preparation of a negative declaration supported by an Environmental Impact Appraisal or preparation of an Environ-mental Impact Statement, is appropriate.
Accordingly, this request by the State of Illinois is premature, since no decisicn has yet been made by the Commission, and should be denied at this time.
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diJ IV.
CONCLUSION For the reasons set forth above, the NRC Staff believes that the State of Illinois has satisfied the requirenents of 10 CFR @2.714 pertinent to
" interest" and specification of " aspects of the proceeding."
In addition, if a hearing is held, the State of Illinois should be permitted to partici-pote as an iaterested State pursuant to 10 CFR 52.715(c).
Finally, the other respects contained in the State's petition should be denied.
Respectfully submitted,
- < ax(f kdu Richard L.
lack Counsel for NRC Staff Dated at Bethesda, fiaryland this lith day of June,1979
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