ML19282C281

Intervention Petition of Citizens Association for Sound Energy.Avers Interests Affected.Affidavits of J Ellis & E Stinsons & Certificate of Svc Encl

ML19282C281
Person / Time
Site:	Comanche Peak
Issue date:	02/28/1979
From:	Ellis J Citizens Association for Sound Energy
To:
References
NUDOCS 7903220475
Download: ML19282C281 (6)

Text

ft M

~

/.  %

w N L .' U m . a. D v C C:.!E N T R C O M 2/ #[c M 1' .y\

$sjr

~

~

UNITED STATE 3 CF AMERICA A V '

{. e d NUCLEAR RECULATCRY CCMMISSICN

,c);.Y In the matter of .

5a MAR i 2 G' s . *>

@jr' AFFLICATICN CF TEXAS UTILITIES Docket Nos. 5C 2 5 CE'IEPATING CCMFANY FCR AN and SC h46 0FEPATEIC LICFliSE FCR CCMANCHE FEAK STEAM ELECTRIC STATICN UNIT #1 PETITION FOR LEAVE TO EITERVE!E SY CASE (CITIZEiS ASSCCIATICN KR SOU'iD EiERCY)

CASE (Citizens Association for Sound Ener67), en its own behalf and on behalf of its members, hereby petitions the Nuclear Re5ulatory Commission (NRC)forleavetointerveneintheabove-captionedmatterpursuanttoSection 2.714 of the NRC's Rules of Practice.

IDErrIFICATICN OF FETITICNER The petitioner has been involved as a protestant in every licensing pro-ceeding related to this plant of which petitioner was aware since application was filed for a construction pernit forsubject plant. Additionally, petitioner has made numerous presentations before the Dallas City Council regariing the plant and has participated either jointly as an Intervenor (in the 1975-76 hearings)or as a separate Intervenor (in the 1978 hearings) in all Dallas Fower

& Light rate hearings since the inception cf the plant. Petitioner is also an Intervenor with separate Intervenor status in hearings currently going on in Austin in Re: Application of Tens Electric Service Conpany for Authority to Change Rates and Inquiry by Public Utility Cc=nission of Tens into Certain Affiliated Tr'nsactions of Tens Electric Service Ccapany, Tens Power & Light 7903220 05'

. Company and Dallas Power & Light Company (I:eckets 1903,1517,1789,1813,2018).

In the above hearings, CASE has contributed pertinent direct testimony, cross-examination, and other evidence which exposed facts which would not otherwise have been brought out.

CASE is a non-profit Texas corporation, duly incorporated by the State of Texas on June 6, 1974 CASE President, Juanita Ellis, is ene of the original incorporators. CASE has over 150 individual participating members and a mailing list in excess of 5,0C0. At least two of those members, Edward and Marilyn Stinson, live within 5 miles of the plant, with the remaining majority of those members residing in Dallas (approximately 60 miles from the plant), in Ft.

'4 orth (approximately 35 miles fica the plant) and in other locations in the Dallas /Ft. '4 orth metroplex area, the State and 4 other States. (See attached affidavits of Edward and Marilyn Stinsen and Juanita Ellis.)

INTERESTS TO 3E AFFECTED CASE represents its members and members of the general public who are consumers and ratepayers who own property, both personal and real, and business interests which will be affected by the operation of the Comanche Peak plant either as.te routine operation or via an accident involving said plant.

Furthermore, in representing said members of CASE and the general public, the general health and safety are interests which will be affected by the reutine operation or an accident concerning said plant. CASE alleges that the results of this proceeding will affect the above interests in property, livelihood, and health in that the issuance of the operating licence will

. adversely affect the said interests in the following particulars:

1. The routine operation of said plant will endanger the said property, business interests, health and lives of the said members and

2. The operation of said plant may result in an accident which will endanger the interests of the said members.

CASE should be permitted to intervene herein in that it will adequately represent the above property, livelihood, and health interests of its members 2s well as the members of the general public in the vicinity affected by the Comanche Peak plant. No other organi:ation or person has, to this movant's knowledge, filed a motion to intervene which would represent these interests of this segment of affected persons, particularly with concern to the affected residents of Dallas. Such participation is necessary to assure broad and meaningful public participation and to ensure that full investigation is made into the application for this operatin6 license. CASE submits that it should be allowed to intervene herein because an order allowing the applicant to possess, use and operate the Comanche Peak nucle 1r power plant will adversely affect the property, business interests, health and lives of its members and the members of the general public.

CASE maintains that it should not be consolidated with any other party moving for intervention herein in that to do so would unduly prejudice its right to intervene. Said rights would be prejudiced in that CASE does not represent substantially the sane interests that are represented by other potential inter-venors and further, that to consolid2te CASE with any intervenor fr0n Pt. Worth would cause undue expense and inconvenience to CASE by increasing the burden of copy expenses, travel expense, time consumed, 2nd long-distance telephoning.

4 Additionally, CASE maintains that to grant it separate intervenor status would impose no undue bu:: den on any other parties in the proceedings. If the Comnission rules that a hearing shall be had en this Motion to Intervene, then CASE maintains that said hearing, in addition to the Pre-hearing Conference, should be hem in either Glen Rose or the Dallas /Ft. Worth metrople:; area, as all parties concerned in this matter are domiciled in said locale.

WHEREFORE, FP.EMISES CONSIDEP.ED, CASE prays that this or. ion to intervene be granted in all particulars, and for any other relief to which CASE may show itself to be entitled.

Respectfully submitted, f 6/mbu c. 8 <.&

[(Mrs.) Juanita Ellis, President CASE (CITI5'iS ASSOCIATION FCR SCUND ENERGY) 1426 S. Folk Dallas, Texas 75224 February 28, 1979 I hereby certify that a copy of this Motion to Intervene has been cent this date, Februrf 29, 1979, by First Class Mail, to the following:

• Secretary of the Commission Executive Legal Director U. S. Nuclear Regulatory Connission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washincton, D. C. 20555 Attn: Docketing and Service Branch Nicholas S. Reynolds, Esq. -Certified, Beturn Receipt Requested Debevoise & Liber an 1200 17th St., N.W.

Washington, D. C. 20036

(' ,/ ,1

• 0;;9f ui-rt.< D- c..'c -t < -v' I

s/(Mrs.) Juanita Ellis

AFFIDAVIT CF JUA'IITA ELLIS I, Juanita Ellis, being duly sworn on cath, state the fc11cwing:

1. That I a= a resident of the city of Dallas, Dallas County, Texas, and that

=y = ailing address is 1k26 S. Pelk, Dallas, Texas 7522L;

2. That I as President of CASE (Citizens Assceiation for Scund Energy);

3 That I have cenaulted with the scard of Directors of CASE, and that they have authorized =e to sign this affidavit and to sign a petitica to intervene en behalf of the =e=bership of CASE. That they have further authorized me te represent CASE in the Operating License Hearings before tne Nuclear Regulatcry Cc==ission for the Cc=anche Peak Nuclear Pcver Plant, Unit 1. That they have further authorized =e to na=e, at =y discretica, any other individual er indi-viduals to represent CASE in said hearings;

4. That the representaticas in the petitica to intervene regarding the =e=ber-snip and the interest to be affected are true and correct to tne best of =y kncvle<lge .

.f p u//t.- _6. p/. t .n v

'Juanita Ellis President, CASE (Citizens Asscciatica fer Scand Energy)

City of Dallas Oillas County State of Texas

' ~# '

Subscribed and swcrn to before =e tais day Of-- ' ' - <

, 1973 T

l

/ ,

(cfficial seal) Notary Public - Cc==1ssicn expires: ,

g r . w- ,i., ,,

.: -- , ,.v.

. 3 2.J. ..a.. s. ,c..,..

.. . ..w . . ,n ,,.,,

a.. s..I

'a'e, Marilyn and Edward 3tinson, ceing duly sworn :n cata, state the folleving:

1. 7:20 ve are residents of :ne =unicipality of Glen Ecse, Sc=ervell Ccunty, Texas, and t:st cur = ailing address is Route 1, Glen Rose, Texas 76063;

2. That cur hc=e and property are located at tne acove locatica, which is within five (5) =iles of the Cc=anche Peak nuclear pcVer plant; 3 That we are in support of the cententions in tne Petition for Leave to Intervene by CASE (Citizens Asacciation for 3ound Energy) in Decket Nos. 50 kk5 a'nd 50 Lk6, Application of Texas Utihties Generating Cc=;any for an Operating License for Cc=anene Peak Stea= Electric Station Unit pl; that we are in suppcrt of such cententions ty CASE in aa effert to assure cur health, safet/, and the presentation of no danger to our real prcperty.

k. That we herewith authorize CASE or its representatives in the hearings to represent our interests in said hearings.

5 raat we are :e=cers of CASE. . .

e., s (-.

N

.0Ar.b,4m.) } !/ i?' psJ o

Marilyn Stinsca

(,~

g-

/

\

,~

/ 4 Les M, n/.Lifm_/ ' ;% ,

Edward Stinsen City of Glen Rose Sc=ervell County State of Texas

,u 4 4/

~

Subscribed and svern to before =e this day of -4.. .ist- , l???.

p ,

r pI ,

f i_. /: v' f ' L /,. . -

Notary P'i::fic My Cc==issica expires j.,. / d f'/

(official seal)