ML19274D677
| ML19274D677 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood  |
| Issue date: | 01/29/1979 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7902220157 | |
| Download: ML19274D677 (4) | |
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UtlITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSI0fl 1/29/79 BEFORE THE ATOMIC SAFETY AflD LICEtJSIt!G BOARD In the Matter of
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Docket flos. STil 50-454 COMMONWEALTH EDISON COMPAtlY
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STN 50-455,
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STfl 50-456 (Byron Station, Units 1 and 2,
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STN 50-457 Braidwood Station, Units 1 and 2)
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flRC STAFF AtlSWER TO PETITION FOR LEAVE
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TO INTERVENE OF MARTY WESTERMAN
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On December 5, 1978, the Nuclear Regulatory Commission (Commission) publishC in the Federal Register (43 Fed. Reg. 58659) a notice of opportunity for hearing in connection with issuance of opcrating 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 iater than January 15, 1979.
On January 19, the Staff received the petition of Marty Westerman, dated January 10, 1979.
For the reasons set forth below, the Staff opposes the petition for leave to intervene at the present time.
As stated in the notice, a petition for leave to intervene must set forth with particularity, as required by 10 CFR 52.714, the interest of the petitioner in the proceeding, and how that interest may be affected by the result of the proceeding. The petitioner must assert specifically, rather 1/
than generally, how that interest may be affected by the proceeding.-
J / Sierra Club v. Morton, 405 U.S. 727 (1972); Allied-General fluclear Services, et al. (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC 420, Tl3T1976).
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-454 COMMONWEALTH EDISON COMPANY
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50-455
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50-456 (Byron Station, Units 1 and 2 &
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50-457 Braidwood Station, Units 1 and 2)
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CERTIFICATE OF SEnVICE I hereby certify that copies of "NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE OF MARTY WESTERMAN", in the above-capti,oned proceeding 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 29th day of January, 1979:
- Edward Luton, Esq., Chairman
- Atomic Safety and Liceasing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Commission U.S. Nucl'ar Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
- Atomic Safety and Licensing Dr. A. Dixon Callihan Appeal Boaro 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 Newark, Delaware 19711 Washington, D.C.
20555 Michael I. Miller, Esq.
Isham, Lincoln & Beale One First National Plaza Chicago, Illinois 60690 i
LfAp t W u1<stn MpsonKarman Counsel for NRC Staff
Since the petition does not satisfy the " interest" requirement of the Commission's rules and since no contentions have been submitted with the petition, the NRC Staff opposes the granting of this petition.
Respectfully subm'tted, (m
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n Karman C nsel for NRC Staff Dated at Bethesda, Maryland this 29th day of January, 1979.
The petitioner herein lists some geaeralized grievances against nuclear energy but does not cite, with any specificity, how " interest" with respect to the subject licensing proceeding has been shown. Petitioner has failed to satisfy the " interest" requirements of 10 CFR S2.714, Under 10 CFR 52.714 of the NRC Rules of Practice, petitioners need no longer advance at least one contention adequately supported by bases at this stage of the proceeding. A petitioner may amend or supplement his or her petition without prior approval of the Licensing Board at any time up to 15 days prior to the holding of a prehearing conference. Petitioner did not advance contentions in its petition, dated January 10, 1979. The Commission's rules of practice, however, require that a petitioner must satisfy the " contentions" requirement of S2.714 prior to being permitted to participate as a party.
Namely, the petitioner must list at least one contention and set forth its bases for that contention with reasonable specificity by at least 15 days before the prehearing conference.
In addition, before a hearing may be directed on an application for an operating license, the Licensing Board assigned to rule on requests for hearing and petitions for leave to intervene must determine that at least one petitioner 2/
has set forth at least one adequate contention.-
2/ See Cincinnati Gas and Electric Co. (William H. Zimmer Nuclear Power
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T Ution), ALAB-305, 3 NRC 8 (1976).
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