ML19225A571
| ML19225A571 | |
| Person / Time | |
|---|---|
| Site: | 05000599, 05000600 |
| Issue date: | 06/12/1979 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7907190595 | |
| Download: ML19225A571 (5) | |
Text
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UiilTED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 6/12/79 BEFORE THE ATOMIC SAFETY AliD LICENSIriG BOARD In the Matter of
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NIW PURIC DOG 3GMT Rom.1
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COMMONWEALTH EDISON COMPANY, et al.
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Docket Nos. S50-599
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S50-600 e
e (Carroll County Site)
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' sin NRC STAFF ANSWER T0 "PETITIOil FOR LEAVE
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TO INTERVENE" 0F IOWA PUBLIC INTEREST RESEARCH GROUP, INC., CATHOLIC WORXER,
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c'c%'hs e DUBUQUE FELLOWSHIP OF RECONCILIATIO'1, ENVIRONMENTAL C00RDINATING ORGANIZATION, INC.,
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AND CARROLL CCUNTY ENVIRONMENTAL C0ALITION A
(O On May 4,1979 the Nuclear Regulatory Commission (NRC) published a " Notice of Hearing on Application for Construction Permits and a Request for Early Site Review." 44 Fed. Reg. 26229.
That notice provided that any person whose interests could be affected by tha proceeding may file a petition to inter-vene t,y June 4, 1979.
In a pleading dated June 1,1979 the Iowa Public In-terest Research Group, Inc. (Iowa PIRG), the Catholic Worker of Dubucue Iowa (CW), the Dubuque Fellowship of Reconciliation (FOR), the Environmental Coordinating Organization, Inc. (ECO), and the Carroll County Environmental Coalition (CCEC), on their own behalf and on behalf of their identified mem-bers, filed a joint petition for leave to intervene.
For the reasons set forth below, the NRC Staff believes that the petitioners have demonstrated standing within the purview of 10 CFR s2.714 and agency decisions.
417 214 (e,
7 90719 0 595 fv
. To establish standing, the provisions of 10 CFR 52.714(a)(2) require that a petitioner to an NRC proceeding shall:
1.
Set forth the " interest" of the petitioner in 1'ie proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be pemitted to intervene; and 2.
Identify the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.
Petitioner organizations each allege that they have, and represent, members residing within 50 miles of the proposed site of Carroll County Station. They further allege that operation of these units, among other things, would result in an unreasonable risk of harm to the,- health and safety.
In th? Staff's view the residing places of the petitioners are within the geographical zone that might be affected by normal (or accidental) release of fission products.-1/
Standing to intervene may be based upon residence in the vicinity of the nuclear plant.
Therefore, the petitioners have satisfied the " interest" requirements of 10 CFR 52.714.
The petitioners identify a number of contentions which may not ultimately prove admissible, but which the Staff believes sufficiently identify areas of intervenor interest to meet the aspect requirement of 52.714.
h 1/ See Appendix I to 10 CFR 50.
2] Vircinia Electric and Power Comoany (North Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631 (1973).
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. For the reasons stated above, the Board should find that petitioners have satisfied the requirements of 10 CFR 52.714 with respect to standing.
Since petitioners may submit contentions with the reauired specificity of 10 CFR 52.714(b) at any time up to 15 days prior to the holding of the first prehearing conference, it is premature foi the Board to rule now on the adequacy of the petition as a whole to satisfy the regulation.
Respectfully submitted, C'
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Richard J. Goddard Counsel for NRC Staff Dated at Bethesda, Maryland this 12th day of June,1979.
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UNITED STATES OF A%RICA NUCLEAR REGULATORY CO:":ISSION BEFORE THE ATOMIC SAFETY AtlD LICENSING BOARD In the Matter of
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CO'MONWEALTH EDIS0il COMPAtlY, et al.
Docket Mos. 550-599
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550-600 (Carroll County Site)
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CERTIFICATE OF SERVICE I hereby certify that copies of "ilRC STAFF ANSWER T0 ' PETITION FOR LEAVE TO INTERVENE' 0F IOWA PUBLIC INTEREST RESEARCH GROU;, INC., CATHOLIC WORKER, DUBUQUE FELLOWSHIP 0F RECONCILIATION, ENVIRONMENTA' COORDINATING ORGAT1IZATION, INC., AND CARROLL COUNTY ENVIRONMENTAL COALITION" in the above-captioned pro-ceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 12th 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 Pesearch Group, Inc.
Dr. Robert L. Holton 36 Memorial Union, Iowa State University School of Oceanography Ames, Iowa 50010 Oregon State University Corvallis, Oregen 97331 Nancy J. Bennett Assistant Attorney General Philip P. Steptoe, Esq.
Environmental Control Division Isham, Lincoln & Beale 188 West Randolph, Suite 2315 One First Naticnal Plaza, 42nd Floor Chicago, Illinois 6C601 Chicago, Illinois 60603 Mr. Jim Cubert Thomas J. Miller c/o Iowa Socialist Party Attorney General of Iowa 280112 West Street State Capitol Ccmplex Ames, Icwa 5C010 Ces Moines, Iowa 50319 417 217
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- Atomic Safety and Licensing Board Panel U.S. f;uclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Board Panel U.S. fluclear Regulatory Commission Washington, D.C.
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- 0ccketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Ccmmission Washington, D.C.
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7i, 4/. W l' R
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V Guy H. Cunningnan, ~III Assistant Chief Hearing Counsel G
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