ML19274E616
| ML19274E616 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 03/01/1979 |
| From: | Cunningham G, Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7904090266 | |
| Download: ML19274E616 (7) | |
Text
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udatn. l'W Uf1ITED STATES OF AMERICA fiUCLEAR REGULATCRY COMMISSIO 1 3/1/79 7, g pi,
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BEFCRE THE ATC:1IC SAFETY A?;D LICE.*iSI:!G BOARD
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MAR i;575p Y' Ci' lee of % 3.c w,
In the Matter of
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Occket ?!as. 50-520 OL FLORIDA PCWER AliD LIGHT COMPAtlY
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50-521 CL N/
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(Proposed Amendments to Faci.~ f (Turkey Point fluclear Generating
)
Operating Licenses to Permit Unit tios. 3 and 4)
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Steam Generator Repair) f1RC STAFF RESPCtlSE TO PETITIOil FOR LEAVE TO IrlTERVE!1E FILED BY MARK P. Ot:CAVAGE On December 13, 1977, the fluclear Regulatory Commission published in the Federal Register (42 F.R. 62569) a notice of " Proposed Issuance of Amendments to Facility Operating Licenses" (fiotice).
The flotice was published in connection with the license amendment application filed by the Florida Power and Light Company (FPL or Licensee) to repair the steam generators now in use at its Turkey Point ?!uclear Generating Unit ilos. 3 and 4.
The tiotice provided an opportunity for any person whose interest might be affected by the proceeding to file a petition for leave to intervene no later than January 13, 1978. The riotice further provided that non-timely petitions for leave to intervene would not be granted in the absence of a substantial showing of good cause for the late filing, encompassing the five factors set forth in 10 CFR 62.714(a).
On February 9, 1979, nearly thirteen months late, an untimely petiticn for leave to intervene in the form of a request for a hearing (Petition) was filed by Mark P. Oncavage (Petiticner).
For the reascns set fcrth below, 79040902 %
2 the NRC Staff believes that no good cause for the late filing has been shown, and that the Petition should be' denied.
Petitioner attempts to show Jacd cause for his late filing (the first of the five factors), solely on the ground that the September 20, 1977 license amendment application, and supporting material, were not available for public use at the NRC local public document room identified in the Notice until January 22, 1979. We are informed by the librarian, Ms. Rene Daily, that the documents have,-in fact, been in the local POR since October 4, 1977, though probably misfiled for a part of the time. However, even assuming the pertinent documents were not present in the library at all, Petitioner's extreme delay in seeking a hearing in this matter can scarcely be excused on that ground. There clearly existed several means by which the petiticner could have obtained the documents he desired, and it seems reascnable to expect that if genuinely interested in the proposed action, he would_have availed himself of one of these alternate means. Saecifically, Petiticner could have made a direct request of the NRC in Washington, D.C.
(directed to the officials whose titles and addresses appeared in the Notice) or he could have requested that the local document room obtain the documents for him. Having failed to pursue either of these available courses, Petitioner cannot properly ground iiis thirteen month delay upon the asserted absence of the desired material in the local library.
. Moreover, the Commission has made it clear that a late petitionerrt.Jy be admitted, hspite a failure to show good cause for untimeliness, only if an adequate showing is made as to the remaining factors set forth in 10 CFR 52.714(a):1/
(ii)
The availability of other means whereby the petitioner's interest will be protected.
(iii) The extent to which the petitioner's participation may reasonably be expected to assist in developing a sound record.
(iv)
The extent to which petitioner's interest will be represented by existing parties.
(v)
The extent to which the petitioner's participation will brcaden the issues or delay the proceeding.
and that when a ' late petitioner fails to furnish a good excuse for untimeliness, he must shouTder a heavier burden with respect to these factors than would otherwise be the case.2/
In the present matter, the letter submitted 'by the Petitioner does not address any of the above factors, and thus, on its face, does not 1/ ee Nuclear Fuel Services, Inc. (West Valley Reprocessing Plant),
S CLI-75-4, 1 NRC 273 (1975); see also Duke Power Ccmoany ( Amendment to Materials License SNM-1773 -- Transportation or Spent Fuel frcm Oconee Nuclear Station for Storage at McGuire Nuclear Station),
ALAB-528, 9 NRC (February 26,1979); Virginia Electric and Power Co. (North Anna Station, Units 1 anc 2), ALAB-289, 2 NRC 395 (1975); Long Island Lighting Co. (Jamesport Nuclear Power Station),
ALAB-292, 2 NRC 631 (1975).
2/ USERDA (Clinch River Breeder Reactor Plant), ALAB-354, 4 NRC 383 (1976); North Anna, suora, n. 1 at 398.
. establish sufficient grounds to justify its late filing. Accordingly, the present petition - in its current fem - is insufficient as a matter of law and therefore must be denied as untimely filed.E Cf., Public Service Co. of Oklahcma, et al. (Black Fox Station, Units 1 and 2),
ALAB-505, 8 NRC (slip op. at 5) (November 2, 1978) (failure to discuss the section 2.788 factors, standing alone, mandates denial of a stay motion); Motion to reconsider denied, ALAB-508, 8 NRC (November 24, 1978).
CONCLUSION For the foregoing reasons, the exceedingly untimely Petition of Mark P. Oncavage s culd be denied.
/
_W H.Cunninham,III Assistant Chief Hearing Counsel
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,RL.L Steven C. Goldberg Counsel for NRC Staff Dated at.Bethesda, Maryland this 1st day of March,1979.
M As provided by 10 CFR 52.714(a)(3), Petitioner may amend his petition to fully meet the requirements of 92.714 In view of the thirteen month delay which has already occurred, and the fact that the Staff review of the amendment application is nearly complete, the Staff would hope that any such amendment would be filed promptly.
3/1/79 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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)
Docket Nos. 50-520 OL FLORIDA POWER AND LIGHT CCMMNY
)
50-521 OL
)
(Proposed Amendments to Facility (Turkey Point Nuclear Generating
)
Operating Licenses to Permit Unit Nos. 3 and 4)
)
Steam Generator Repair)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter.
In accordance with 10 CFR 52.713(a), the following'information is provided:
Name
- Guy H. Cunningham, III Address,
- U.S. Nucleai Regulatory Commission Office of the Executive Legal Director Washington, D. C.
20555 Telephone Number
- (301) 492-7676 Admissions
- United States Supreme Court
- United States Court of Appeals for District of Columbia Circuit
- District of Columbia Court of Appeals Name of Party
- NRC Staff U.S. Nuclear Regulatory Commission Washington, D. C.
20555
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Gily.i. Cunniognam, III Anistant Criief Hearing Counsel Dated at Bethesda, Maryland this 1st day of March,1979.
3/1/79 UNITED STATES OF AMERICA NUCLEAR REGULATCRY CCMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket Nos. 50-520 OL FLORIDA PCWER AND LIGHT COMPANY
)
50-521 OL
)
(Proposed Amendments to Facility (Turkey Point Nuclear Generating
)
Operating Licenses to Permit Unit Nos. 3 and 4)
)
Steam Generator Repair NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter.
In accordance with 10 CFR 52.71.3(a), the following information is provided:
Name
- Steven C. Goldberg Address '
- U.S. Nuclear Regulatory Commission Office of the Executive Legal Director Washington, D. C.
20555 Telephone Number
- (301) 492-7311 Admissions
- Supreme Cc'.'rt of the United States of America
- Supreme Court of the State of New Jersey
- District of Columbia Court of Appeals Name of Party
- NRC Staff U.S. Nuclear Regulatory Commission Washington, D. C.
20555 f.bw A.LLL/
Steven C. Goldberg Counsel for NRC Staff Dated at Bethesda, Maryland this 1st day of March,1979.
UNITED STATES OF AMERICA fiUCLEAR REGULATORY COMMISSION BEFORE -THE ATCMIC SAFETY AND LICENSING BOARD In the Matter of
)'
)
Docket Nos. 50-520 OL FLORIDA POWER AND LIGHT COMPANY
)
50-521 OL
)
(Proposed Amendments to Facility (Turkey Point fluclear Generating
)
Operating Licenses to Permit Unit flos. 3 and 4)
)
Steam Generator Repair)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO PETITION FOR LEAVE TO INTERVENE FILED BY MARK P. ONCAVAGE" and " NOTICE OF APPEARANCE" for Guy H. Cunningham, III and Steven C. Goldberg, in the above-cactioned 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 1st day of March,1979:
- Elizabeth S. Scwers, Esq., Chairman
- Atomic Safety and Licensing Atomic Safety and Licensing Board Panel 33Ard Panel U. S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissicn Washington, D.C.
20555 Washington, D.C.
20555 Dr. David B. Hall
- Atomic Safety and Licensing 400 Circle Drive Appeal Board Panel Santa Fe, New Mexico 87501 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- 0r. Oscar H. Paris Atomic Safety and Licensing Board Panel
- 0ccketing and Service Section U. S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Mark P. Oncavage 12200 S. W. 110th Avenue Miami, Florida 33176 Harold F. Reis, Esq.
Lowenstein, Newnan, Reis, Axelrad & Toll
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1025 Ccnnecticut Avenue, N.W.
Steven C. Goiccerg Washington, D.C.
20036 Counsel for NRC Staff
.