ML19263E869

States Key Issues for Consideration at 790509 Prehearing Conference.Nrc Should Provide Funds to Intervenor So Latter May Exercise Legal Rights & Assist ASLB in Finding of Facts. Certificate of Svc Encl

ML19263E869
Person / Time
Site:	Palisades
Issue date:	05/07/1979
From:	Sinclair M GREAT LAKES ENERGY ALLIANCE
To:
References
NUDOCS 7906250409
Download: ML19263E869 (5)

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UNITED STATES OF AMERICA

1. bk NUCLEAR REGULATORY COMMISSION Yb BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 9 b

/ os In the Matter of )

CONSUMERS POWER COMPANY Docket No. 50-255 SP (Palisades Nuclear Plant) )

PREHEARING CONFERENCE STATEMENT OF INTERVENOR GREAT LAKES ENERGY ALLIANCE Citizen intervenors who are members of the Great Lakes Energy Alliance (GLEA) present the following key issues to the Licensing Board at the Prehearing Conference on May 9, 1979.

The primary issue is that without the full participation of parties other than Consumers Power Co. and the NRC Staff, this Board has no assurance that it will get the facts that it needs to make an intelligent judgment in this proceeding.

Secondly, the Board must consider and, in accordance with applicable law, grant the petitioner funds to be used for actorney fees and for expenses of witnesses and consultants in order to carry on a proper hearing.

In reference to the above mentioned primary issue, we have shown in our response of April 20, 1979, that the Board can-not rely upon Consumers Power Co. or the NRC Staff to disclose all the relevant information to them. In fact, Exhibit 1 of that re-sponse specifically states that Consumers Power Co. assumed that Myron Cherry would not appear because the citizens lacked funds, and that since there was no discovery and there would probably be no intervenor cross-examination, that they (Consumers Power) would be able to " finesse" Dow/ Consumers' continuing dispute, so that the Licensing Board would know nothing about it. Implicit in this plan was the fact that they could expect that the NRC Staff would not assist in getting the real facts to the Licensing 7906250 Vof 2214 191

Board in the Midland suspension hearings. Consumers' attorney, Rex Renfro, of the firm Isham, Lincoln and Beale of Chicago, Illinois, who are also representing Consumers Power Co. in this licensing proceeding, also suggested that the Dow witness be someone from Dow Chemical Co. who was unaware of the Midland Division recommendations to Paul Oreffice, President of the Dow Chemical Co., to the effect that the Midland n-plants would be disadvantageous not only to the Midland Division of Dow, but to their employees and the community. This Dow refused to do.

Therefore, we ask this Board to make their need for full participation of the citizens known to the Nuclear Regula-tory Commission (NRC) in these proceedings, and to request that funds for the attorneys, witnesses and consultants be provided to the citizens.

There are at least two legal routes by reason of which the NRC can provide these funds for the Great Lakes Energy Alliance.

The Comptroller General of the United States held in Matter of Costs of Intervention--Nuclear Regulatory Commission, B-92288 (Feb. 19, 1976), that the NRC has statutory authority to pay the legal expenses of intervenors. In this decision the comptroller general not only held that the NRC has the authority to pay legal expenses of intervenors, but set forth the standards:

(1) the NRC must believe that participation by the intervenor is required by statute or necessary to represent adequately opposing points of view; (2) the intervenor must be indigent or otherwise unable to bear the financial costs of participation.

Also, Public Law 93-438, Section 205 (b) 1,2 (Energy Reorganization Act, October 11, 1974) specifically states that,

" Subject to the provisions of this Act, the Director of Nuclear Regulatory Research shall perform such functions as the C_mmis-sion shall delegate, including . . . engaging in or contracting 2214 192

for research, which the Commission deems necessary for the per-formance of :.ts licensing and related regulatory functions."

(Emphasis adced. )

Under the provisions of this Act, the Commission can make funds available to contract for the services of the attorneys, witnesses and consultants which the citizens in this action will need to exercise their rights and to assist the Board in getting all the facts.

Without this funding assistance from the Cor. mission, not only will the Board remain uncertain as to whether the f acts presented to them are complete and accurate, but the citizen intervenors will be denied their Constitutional rights to due pro-cess and equal protection under the law.

For too long in nuclear power plant licensing proceed-ings, citizens and ratepayers have paid the salaries of all the utility and government regulatory parties in nuclear plant licens-ing and all costs through their taxes and utility rates, with no funds made available from those sources, which they have pro-vided, to pay for their own participation. By definition of the N RC , their right to intervene is based on the fact that the NRC acknowledges that their proximity to the nuclear facilities being licensed places their lives and property at risk.

Citizens must not be denied full participation in licensing proceedings any lou 3er at the same time that they are required to pay all the costs and bear all the risks.

Citizens who are members of the Great Lakes Energy Al-liance wish to restate all the issues that were raised in their original petition to intervene, dated February 27, 1979, and to amend PETITIONERS' RESPCNSE of April 20, 1979, so as to include the following additional people who live in the vicinity and are deeply concerned about the safety problems at the Palisades n-plant:

1) Mr. and Mrs. Jan.;s Ashley, whose property is Lot 17, Thunder Mt. Heights Subdivision, ac-2214 193

cording to Plat thereof, as recorded in Liber 2 of Plats on P. 20, in the Township of Covert, County of Van Buren, and the State of Michigan.

2) Eric Brown, Sr., whose property is Loc 131, of the same Plat as above.

3) Harriet Brooks, who owns property in Forest Dunes, Covert Township, 700 feet from the Covert Township Park and about two miles south of the Palisades plant. The property is 240 front feet and extends to U.S. 33 and has two summer cottages on it which are rented in the summer.

Of necessity, citizens who are members of the Great Lakes Energy Alliance, reserve the right to file a Motion to Amend the Petition to cover these issues and also the Response to the Petition, dated April 20, 1979.

Resq ctfully submitted, t < ~~t. .. , L: .  ?

• Mary Sinclair, Vice President Great Lakes Energy Alliance Dated at Midland, Michiga May 7, 1979.

2214 194

UNITED STATES OF A.NERICA NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

CONSUMERS POWER COMPANY Docket No. 50-255 SP (Palisades Nuclear Plant) )

/

CERTIFICATE OF SERVICE I hereby certify that copies of PRE!!EANING CONFERENCE STATDU.NT OF INTERVENOR GREAT LAKES ENERGY ALLIANCE in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 7th day of May, 1979:

Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, DC 20555, and hand delivered at the Berrien County Courthouse, St. Joseph, Michigan, on May 9, 1979, to:

Charles Bechhoefer, Esq., ,;=

Chairman @ 4 Atomic Safety and Licensing Board Panel g U.S. Nuclear Regulatory Commission Mis!' y, Washington, DC 20555 r J, g: gay 131979 7 Michael I. Miller, Esq. - '

Martha E. Gibbs, Esq. o$$ ,w,a, y Isham, Lincoln and Beale L Pd" Number One First Nafional Plaza p Suite 4200 1 Chicago, Illinois 60603 LGLr. NO2hi A ElRYSINCLAIR,VicePresident, Great Lakes Energy Alliance 2214 195