ML19274D694
| ML19274D694 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 02/05/1979 |
| From: | Ulman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7902220179 | |
| Download: ML19274D694 (7) | |
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02/05/79
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BEFOREl Ti!E ATOMIC SAFETY AND LICENSING BOARD (rt p
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IlOUSTON LIGilTING AND POWER
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Docket Nos. 50-498 COMPANY, ET AL.
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50-499
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(South Texas Project, Units 1 and 2) )
NRC STAFF RESPONSE TO Tile SUPPLEMENT TO TIIE
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AMENDED PETITION FOR LEAVE TO INTERVENE FILED BY CITIZENS CONCERi4ED ABOUT NUCLEAR POWER, INC.
11, 1979, the Atomic In a special prehearing conference convened on January Safety and Licensing Board (the Board) requested additional documentation from Citizens Concerned About Nuclear Power, Inc. (" Citizens") to cure certain deficiencies noted by the Board and the parties in Citizens amended 25, 1978.1/ Citizens has petition for leave to intervene dated December filed two documents pursuant to the Board's request. The response of the Nuclear Regulatory Commission Staff (" Staff") to Citizens amended petition for leave to intervene, as supplemented by this additional documentation, is set forth below. /
1 STATEMENT OF POSITION Interest Considerable discussion at the special prehearing conference concerned whether the interests asserted by Citizens in its amended petition for
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"NRC Staff Response To The Amended Petition For Leave To Intervene Filed By Citizens Concerned About Nuclear Power, Inc.," dated January 8,1979, and " Applicants' Response To Amended Petitions 7 9 0 ~o ', o 0 / 7 9,t rven." d t a J nuary. 5,1979.
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. leave to intervene had established that Citizens is entitled to standing as a matter of right. It is evident from Citizens' amended petition for leave to intervene and its presentation at the prehearing conference that Citizens seeks to establish standing in a representative capacity, based upon a showing that the residence of one or more members is within the geographic zone that might be affected by an accidental release of fission products from the South Texas Project (STP). (Tr. 73).
The Staff recognizes that an organization can found its demonstration of standing upon the interests of its members. However, as pointed out by the Staff in its response to Citizens' amended petition (p. 5), an organiza-tion which elects this method for demonstrating interest must identify specifically the name and address of at least one affected member who wishes to be represented by the organization and show that the member has autho-rized the organization to act on his or her behalf. In the Matter of Detroit Edison Company, et al. (Enrico Fermi Atomic Power Plant, Unit 2)
LBP-79-1 NRC (January 2,1979). Further, the petition must also show that the person signing it has been authorized by the organization to do so. Id. As the parties and the Board noted, Citizens' amended petition failed to satisfy these requirements. (Tr. 7, 8, 21, 22, 23 and 75). In view of this deficiency in Citizens' demonstration of interest, the Board specifically requested Citizens to furnish a statement from the affected members autho-rizing the organization to represent their interests and indicating that they
- accept or adopt the statement of interests and contentions in Citizens' amended petition. (Tr. 75, 85, 88). In addition, the Board requested from Citizens evidence that Coral Ryan, who signed Citizens amended petition, is authorized to represent Citizens. Pursuant to these requests, Citizens has filed two docu-ments, a letter from George J. Bunk (a Citizens member) and a document entitled, " Citizens Concerned About Nuclear Power (CCANP) Official Designation of Coral Ryan As its Representative Before the ASLB." In the letter, Mr. Bunk states that he resides within 7 miles of STP, that he is a member of Citizens, that he desires to have Citizens represent his interests in the proceedings related to STP, and he adopts and supports the statements of interest and contentions in Citizens' amended petition for leave to intervene dated December 25, 1978. The other document is signed by the "Co-coordinators of CCANP", and authorizes Coral Ryan, who signed Citizens' amended peti-tion, to represent Citizens' interests in proceedings related to STP. With these supplemental documents, it is the Staff's view that Citizens has satisfied the requirements to establish standing in a representative capacity, as delineated in the Fermi decision.
It is clear that Citizens' standing in a representative capacity is based upon a showing that the residence of one of its members, Mr. Bunk, is "within the geographical zone that might be affected by an accidental release of fission products. " Louisiana Power and Light Co. (Waterford Steam Electric e
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Station, Unit 3), ALAB-125, 6 AEC 371, 372 n. 6 (1973). A finding of interest may be based on residence within twenty-five miles of the plant. Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-183, 7 AEC 222, 226 (1974). The Appeal Board recently held that close proximity is deemed to be enough, standing alone, to establish the requisite interest. In The Matter of Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2), ALAB-522, NRC (January 26, 1979). In view of this decision, it is the Staff's position that Citizens has now made a satis-factary showing of standing as a matter of right, based upon the residence of Mr. Bunk within the geographical zone potentially affected by an accidental release of radioactivity.
Contentions Citizens has not supplemented the statement of contentions set forth in its amended petition and at the prehea-ing conference. The Staff position, in both its response to Citizens' amended petition and at the prehearing con-
'N ference, is that none of Citizens' contentions satisfy the requirements of 10 CFR s 2.714(b), as to specificity and basis. In view of Citizens' failure to meet these requirements with respect to at least one contention, it is the Staff's position that Citizens cannot be permitted to participate as a party.
. CONCLUSION For the reasons stated above, the Staff urges the Board to deny Citizens' request to be admitted as an Intervenor in this proceeding.
11espectfully submitted,
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Marjorie B. Ulman Counsel for NRC Staff Dated at Bethesda, Maryland this 5th day of February,1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY CO:0!ISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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Il0USTON LIGHTING AND POWER COMPANY, )
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50-499
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(South Texas Project, Units 1 and 2 )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO THE SUPPLEMENT TO Tlid AMENDED PETITION FOR LEAVE TO INTERVENE FILED IW CITIZENS CONCERNED ABOUT NUCLEAR POWER, INC." in the above-captioned pro-cceding have been served on the following by deposit in the United States
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mail, first class, or, as indicated by an asterisk. through deposit in the Nuclear Regulatory Conunission's internal mail system, this 5th day of February,1979:
Charles Bechhoefer, Esq., Chairman
- Richard W. Lowerre, Esq.
Atomic Safety and Licensing Board Assistant Attorney General Panel Environmental Protection Division U.S. Nuclear Regulatory Commission P. O. Box 12548, Capitol Station Washington, D. C.
20555 Austin, Texas 78711 Dr. James C. Lamb, III Jack R. Newman, Esq.
313 Woodhaven Road Lowenstein, Newman, Reis &
Chapel 11111, North Caroli _na 27514
- xc1 rad 1025 Connecticut Avenue, N.W.
Dr. Emmeth A. Luebke*
Washington, D.C.
20036 Atomic Safety and Licensing Board Panel D. Michael McCaughan, Member U.S. Nuclear Regulatory Commission The Environmental Task Force Washington, D. C.
20555 KPFT Pacifica Radio Free IIouston 3131 Timmons Ln. Apt. 254 Melbert Schwarz, Jr., Esq.
Ilouston, Texas 77027 Baker and Botts One Shell Plaza Atomic Safety and Licensing Board llouston, Texas 77002 Panel
- U.S. Nuclear Regulatory Commission Coral Rose Ryan Washington, D.C.
20555 Citizens Concerned About Nuclear Power Atomic Safety and Licensing Appeal 414 Kings Court, Apt. C Panel (5)*
San Antonio, Texas 78212 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. David Marke 3904 Warehouse Row Suite C Austin, Texas 78704
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Docketing and Service Section (3)*
Office of the Secretary U.S. fluclear Regulatory Commission Washington, D.C.
20555 D1CC%CVs 0 U)tvcrw Marjorie B. Ulman Counsel for NRC Staff 9
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