ML19225A472
| ML19225A472 | |
| Person / Time | |
|---|---|
| Site: | 05000599, 05000600 |
| Issue date: | 06/20/1979 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7907190387 | |
| Download: ML19225A472 (5) | |
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UNITED STATES OF t.MERICA NUCLEAR REGULATORY C0!OilSSION 6/20/79 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of-NRC PUBLIC DCt _ _.,. uGCM C'
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COMMONWEALTH EDISON COMPANY, et al.
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Docket Nos. S50-599
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S50-600 W
(Carroll County Site)
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NRC STAFF ANSWER TO " PETITION TO
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INTERVENE" 0F ICWA SOCIALIST PARTY i
On May 4, 1979 the Nuclear Regulatory Commission (NRC) published a " Notice of Hearing on Applicaticn for Construction Permits and a Request for Early Site Review." 44 Fed. Reg. 26229. That notice provided that any pers'en whose interests could be affected by the proceeding may file a petition to inter-vene by June 4, 1979.
A timely petition for leave to intervene signed by Jim Dubert, member, on behalf of the Iowa Socialist Party undated but received by mail on June 5,1979, was filed.
For the reasons set forth below, the NRC Staff believes that subject to the submission of authorization for Jim Dubert, to act on behalf of the organization, the petitioners have demonstrated standing within the purview of 10 CFR 92.714 and agency decisions.
To establish standing, the provisions of 10 CFR 32.714(a)(2) require that a petit _ioner to intervene in an NRC proceeding shall:
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Set forth the " interest" of the petitioner in the proceeding. how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to intervene; and 2.
Identify the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.
It is stated that two identified members of petitioner reside within 40 miles of the proposed site, and that the health and safety of area residents and the local agricultural economy will be affected by operation of a nuclear power plant at this location. In the Staff's view the residing places of the petitioner's members are within the geographical zone that might be affected 1/
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by normal (or accidental) release of fission products.
Standing to intervene may be based upon residence of identified members in the vicinity of the nuclear plant.-2/ Therefore, the petitioner has satisfied the
" interest" requirements of 10 CFR 52.714.
The petitioner identifies a number of subject areas with which it expresses concern. While further refinement of contentions is necessary, and while such contentions may not ultimately prove admissible, the Staff believes sufficient areas of intervenor interest have been identified to meet the aspect requirement of 32.714.
1/ See Appendix I to 10 CFR 50.
2/ Viroinia Electric and Power Comoany (North Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631 (1973).
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3-For the reasons stated above, the Board should find that petitioner has satisfied the requirements of 10 CFR 12.714 with respect to standing. Since petitioners may submit contentions with the required specificity of 10 CFR 52.714(b) at any time up to 15 days prior to the holding of the first pre-hearing conference, it is premature for the Board to rule now on the adequacy of the petition as a whole to satisfy the regulation.
Respectfully submitted,.
'N ichard J. Goddard Counsel for NRC Staff Dated at Bethesda, Maryland this 20th day of June,1979.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0!rilSSION '
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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COMMONWEALTH EDISON COMPANY, et al.
Docket Nos. 550-593
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S50-500
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(Carroll C^unty Site)
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CERTIFICATE OF SERVICE I hereby certify that copies o# 'hRC STAFF ANSWER T0 " PETITION TO INTERVENE" 0F IOWA SOCIALIST PARTY", in the above-captioned proceeding have been served on the following b deposit in the United States mail, first class, or, as indicated by.a asterisk, through deposit in the Nuclear Regulatory Commission's internC mail system, this 20th day of June,1979:
John F. Wolf, Esq,, Chairman Mr. John W. Cox, Jr.
3409 Shepherd Street Jo Daviess County Ad Hoc Committee Chevy Chase, Maryland 20015 on Nuclear Energy Information 906 Campbell Street
- Mr. Glenn 0. Bright Galena, Illinois 61036 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. James C. Schwab Washington, D.C.
20555 State Coordinator Iowa Public Interest Research Group, Inc.
Dr. Robert L. Holton 36 Memorial Union, Iowa State University School of Oceanography Ames, Iowa 50010 Oregon State University Corvallis, Oregon 97331 Nancy J. Bm..nett Assistant Attorney General Philip P. Steptce, Esq.
Environmental Con'. al Division
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Isham, Lincoln & Beale 188 West Rar:dolph, Suita 2315 Cne First National Plaza, 42nd Flool-Chicago, Illinois 60601 Chicago, Illinois 60603 Mr. Jim Dubert Thomas J. Miller.
c/o Iowa Socialist Party Attorney General of Iowa
' 280115 West Street State Capitol Cceplex Ames, Iowa 50010 Des Moines, Iowa 50319 420 140
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- Atomic Safety aid Licensing Board Panel U.S. fluclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board Panel U.S. fluclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary. Commission U.S. fluclear Regulatory i
Washington, D.C.
20555
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-1 a s u C
ron Karman ounsel for fiRC Staff e
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420 141
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