ML19269D015
| ML19269D015 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 01/29/1979 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7902260584 | |
| Download: ML19269D015 (4) | |
Text
NItC PUBLIC DOCUMENT ROOM UtilTED STATES OF AMERICA cu fiUCLEAR REGULATORY COMMISS10tl 1/29/79
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BEFORE THE AT0lilC SAFETY Af1D LICEtiSit1G BOARD e
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Docket lios. STil 50-454 '
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(Byron Station, Units 1 and 2) 1 STN 50-455 m
fiPsC STAFF AtiSUER TO PETITI0ft FOR LEA'iE TO INTERVEf1E OF DEKALB AREA ALLIANCE FOR RESPONSIBLE EflERGY (DAARE) ET. AL.
On December 15, 1978, the Nuclear Regulatory Commission (Commission) n published in the Federal Register (43 Fed. Reg. 58659) a notice of opportunity for hearing in connection with issuance of operating licenses in the captioned matter.
The notice provided that any person whose interest may be affected might file a petition for leave to intervene no later than January 15, 1979.
A timely petition for leave to intervene signed by ifarilyn J. Shineflug on Behalf of DAARE and Sinnissippi Alliance for the Environment (SAFE) was received by the Staff.
For the reasons set forth below, the NRC Staff believes that subject to the submission of authorization for Marilyn J. Shineflug to act on behalf of both organizations, the petitioners have demonstrated standing within thepurviewof10CFR$2.714andagencydecisions.
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To establish standing, the provisions of 10 CFR 52.714(a)(2) require that a petitioner to an flRC proceeding shall:
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Set forth the " interest" of the petitioner in the pro'ceeding, how that interest may be affected by the results of the pro-ceeding, including the reasons why petitioner should be per-mitted to intervene; and 2.
Identify the specific aspect or aspects #6f the subject matter of the proceeding as to which petitioner wishes to intervene.
These petitieners allege that all of them reside within a 30 mile radius of the Byron Station Units 1 and 2 and that operation of these units, among other things, would result in an unreasonable risk of harm to their health and safety.
In the Staft's view the residing places of the peti-tioners are within the geographical zone that might be affected by normal (or accidental) release of fission products.E Standing to intervene may be based upon residence in the vicinity of the nuclearplant.2] Therefore, the petitioners have satisfied the ' interest" requirements of 10 CFR 52.714.
O ee Appendix I to 10 CFR 50.
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,2] Virginia Electric and Power Company (florth Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631 (1973).
The petitioners identify a number of contentions which may not ultimately prove admissible at the prehearing conference to rule on contentions, but which the Staff believes sufficiently identify areas of intervenor interest to meet the aspect requirenent of $2.714.
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 petitior,ars may subrait their contentions Nith the required spect-ficity 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 for the Board to rule now on the adequacy of the petition as a whole to satisfy the regulation.
Respectfully submitted, yu gm rt-u uat (
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,arman Courysel for flRC Staff Dated at Bethesda, liaryland this 29th day of January,1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Docket Nos. 50-454 COMMONWEALTH EDIS0il COMPANY
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50-455
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(Byron Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVEME OF DEKALB AREA ALLIANCE.FOR RESPONSIBLE ENERGY (DAARE) ET AL.",
in the above-captioned proceeding have been served on the following 07 --
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 29th day of January,1979:
- Edward Luton, Esq., Chairman
- Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
- Atomic Safety and Licensing Dr..A. Dixon Callihan Appeal Board Panel Union Carbide Corporation U.S. Nuclear Regulatory Commission P. O.
Box Y Washington, D.C.
20555 Oak Ridge, Tennessee 37830
- Docketing and Service Section Dr. Franklin C. Daiber Office of the Secretary of the College of Marine Studies Cc mission University of Delaware U.S. f,uclear Regulatory Commission Newark, Delaware 19711 Washington, D.C.
20555 Michael I. Miller, Esq.
Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60690 f ig,n t <
L W <tod c ' Myr/n Karman Co6nsel for NRC Staff
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