ML19275A782

Brief in Support of 790914 Petition to Intervene.Submits Further Statements in Answer to Licensee 790928 Opposition to Intervention.All Members Live within 50 Miles of Plants & Health & Safety Are Adversely Affected

ML19275A782
Person / Time
Site:	Hatch
Issue date:	10/04/1979
From:	Flack G GEORGIANS AGAINST NUCLEAR ENERGY
To:
Shared Package
ML19275A783	List: ML19275A782 ML19275A786
References
NUDOCS 7910190118
Download: ML19275A782 (3)

Text

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UNITED STATES OF AMERICA \M w' If s# d, M ,d h NUCLEAR PEGULATORY CO221ISSION 'a;% Af

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c Qgv /9 In the Matter of ) DOCKET NOS. 50-321

) 50-366 GEORGIA POWER COMPANY )

(Llwin I. Hatch Nuclear ) (Propose 2 Amendment for Plant, Unit Nos. 1 and 2) ) Spent Fuel Pool Expansion)

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BRIEF IN SUPPORT OF PETITION FOR LEAVE TO INTERVENE On September 14, 1979, Georgians Against Nuclear Energy (GANE) filed a petition for leave to intervene in this pro-ceeding. On Septenber 28, 1979, the Licensee filed its answer to the petition.

The Licensee's answer raises a nunber of arguments regarding the standing of GANE to inter-vene. In substance , the Licensee complains that GANE has no interest in this proceeding and even suggests that GANE's participation will inappropriately broaden or delay the proceedings.

GANE is an unincorporated association of about 300 indi-viduals. It has chosen to participate as an association rather than 300 individuals intervening as a convenience to the Nuclear Regulatory Commission. The concerns of its members are similar and the interests to be protected are similar. GANE's partici-pation as an association will simplify the examination of the relevant issues in this proceeding. 1-)7 295 7910190/IF -

The meubership has a committee to coordiate its parti-cipation in federal, state and local proceedings which involve nuclear energy and affect the nembership. John de Castro, wuc :a af fidavit is attached to the petition, is the statewide coordinator for intervention proceedings. How-ever, he is not the only member of GANE. Alan Silverberg, another member whose affidavit is attached hereto and in-corporated into the record in this proceeding is a member of GANE. He is concerned about the potential health, safety and environmental problems relating to the Licensee 's proposal to increase spent fuel storage capacity. He has authorized GANE to represent him in this proceeding. Mr. Silberberg lives approximately 44 miles from the Hatch plants. This distance is "in reasonable proximity" to the site under the cases cited by the Licensee in its answer.

In addition, GANE may have other members who live within reasonable proximity to the site. If the Commission desires, counsel will undertake to advise the Commission of members who live closer to the Hatch facility. Mr. Silverberg is con-cerned about potential health, safety and environmental factors that relate to the expansion. Other members are conc ried about the burdens that the expansion will cost. All of these are interests that may be adversely affected by the grant of the license. GAME has standing to intervene as a matter of right a.

because it has membership within reasonable proximity of the site whose members have interests that will be affected by the

)\79 296.

proposed expansion.

Moreover, GANE's participation in the proceedings will likely produce a valuable contribution to the decision-making process. Members of GANE are currently reviewing the details of the spent fuel poolmodification plan to sharpen the GANE contentions regarding this plan. The purpose of holding hearing s i to develop more thoroughly all the issues implicit in the expansion. While such hearings of necessity take more time than an ex parte decision without hearings, the Commission has required hearings to assure that the correct decision will be made. Thus, it is inappropriate for the Licensee to suggest that the fact that hearings take time is a reason to deny GANE's in te rven tion . The adversary process implicit in the examination by GANE of the Licensee's proposed nodifications is the reason to conduct hearings; as a result of this adversary process, the Connission will be more able to make the correct deci sion as to approval of the plan. For these reasons, the Commission should approve the intervention of GANE, both as a matter of right and as a mattar of discretion, and establish an Atomic Safety and Licensing Board so that the first pre-hearing conference may be promptly scheduled.

Respectfully submitted, GARY FLACK ATTORNEY FOR GANE 1515 Healey Bldg.

Atlanta, Ga. 30303 '

(404) 522-1934 .

g7 October 4, 1979

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