ML19269D016
| ML19269D016 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 01/29/1979 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7902260588 | |
| Download: ML19269D016 (4) | |
Text
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d pi UllITED STATES OF AMERICA
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6, fl0 CLEAR REGULATORY C0i11SSI0ft 1/29/79
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BEFORE THE AT0f11C SAFETY AtlD LICEllSIllG BOARD In the flatter of
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C0t!f!0fillEALTH EDIS0fl C0?! pally Docket flos. STil 50-456
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STil 50-457 (Braidwood Station, Units 1 and 2) )
flRC STAFF Af1S!!ER TO PETITI0fl FOR LEAVE TO IflTERVErlE OF BRIDGET LITTLE ROREf1, IflC. ET AL.
On December 15, 1978, the fluclear Regulatory Commission (Commission) published in the Federal Register (43 Fed. Reg. 58659) a notice of oppor-tunity for hearing in connection with issuance of operating licenses in the captioned matter.
The notice provided that any person whose interest may be affected night file a petition for leave to intervene no later than January 15, 1979.
A timely petition for leave to intervene signed by Bridget Little Rorem individually and on behalf of the Bailly Alliance and four individuals, was received by the Staff.
For the reasons set forth below, the 11RC Staff believes that the petitioners havedemonstratedstandingwithinthepurviewof10CFR52.714andagency decisions.
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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 the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to inter-vene; and
-1 2.
Identify the specific aspect or aspects of the subject natter of the proceeding as to which petitioner wishes to intervene.
These petitioners allege that all of them reside within a 30 mile radius of the Braidwood 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 Staff'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.1!
Standing to ntervene may be based upon residence in the vicinity of the nuclear plant.2/ Therefore, the individual petitioners have satisfied the "incerest" requirenents of 10 CFR 52.714.
Upon intervenor's authorization from the Bailly Alliance for the filing of the petition on its behalf, the
" interest" requirements will have been met for that orgainzation.
jl See Appendix I to 10 CFR 50.
_2/ Virginia Electric and Power Company (North Anna Power Station, Units 1 and 2), ALAH!l46, 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 tomeettheaspectrequirementof52.714.
For the reasons stated above, the Board should find that petitioners have satisfiedtherequirementsof10CFR52.714withrespecttostanding.
Since petitioners may submit their contentions with the required specificity of 10 CFR s2.714(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, vt g <- (
caw:rcq flyro Karnan Cou sel for flRC Staff Dated at Bethesda,fiaryland this 29th day of January,1979.
UNITED STATES OF AMERICA fiUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY At1D LICEllSII;G BOARD In the Matter of Docket Nos. 50-456 COMMONWEALTH EDIS0t1 COMPAf4Y
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50-457
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(Braidwood Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "lRC STAFF Af1SWER TO PETITION FOR LEAVE TO IrlTERVEf4E OF BRIDGET LITTLE ROREM, Il!C. ET AL.", in the above-captioned proceeding have been served on the following by deposjt in the United States mail, first class, or, as indicated by an asterisk, through deposit in the fluclear 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. liuclear Regulatory Commission U.S. riuclear 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 Commission University of Delaware U.S. Nuclear Regulatory Commission flewark, Delaware 19711 Washington, D.C.
20555 Michael I. Miller, Esq.
Isham, Lincoln & Beale One First flational Plaza Chicago, Illinois' 60690 h'G)QM c ru<rocq MyfonKarman Cdunsel for NRC Staff
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