ML19282C385
| ML19282C385 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/02/1979 |
| From: | Gay G WEST TEXAS LEGAL SERVICES |
| To: | |
| References | |
| NUDOCS 7903300086 | |
| Download: ML19282C385 (8) | |
Text
.
g \\ \\'h
,y N
NRC PUBLIC DGCU.'. INT ROOM h
,4 4g
~
w l15 5
4 I
IOg,2 r?0 W
4' <;Y "
3 SERVED e
a co UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSION IN THE MATTER OF S
COCKET NO. 50-445 AND 50-446 TEXAS UTILITIES GENERATING S
COMPANY, ET AL (COMANCHE PEAK STEAM ELECTRIC APPLICATION FOR ISSUANCE OF STATIONS, UNITS 1 AND 2)
S FACILITY CPERATING LICENSE PETITION FOR LEAVE TO ANTERVENE AND REQUEST FOR HEARING 7 9 0 3 3 0 0 %To
W!r S
3i3lg7td4 UNITED STATES OF AMERICA sh,s
. #g?
NUCLEAR REGULATORY CLMMISSION u"
3 s
IN THE MATTER OF S
DOCKET NO. 50-445 AND 50-446 TEXAS UTILITIES GENERATING S
COMPANY, ET AL (COMANCHE PEAK STEAM ELECTRIC APPLICATION FOR ISSUANCE OF STATIONS, UNITS 1 AND 2)
S FACILITY OPERATING LICENSE The Texas Association of Community Organizations For Reform Now (ACORN) on their own behalf and on behalf of their members governed by the Dallas and Fort Worth Boards of that organization, and West Texas Legal Services (WTLS) on behalf of all low-income clients within their service area, hereby petition the Nuclear Regulatory Commission (NRC) for leave to intervene in the above-captioned matter pursuant to Section 2.714 of the Nuclear Regulatory Commission's Rules of Practice and the notice #; led in the Federal Register or Monday, February 5, 1979.
IDENTIFICATION OF PETITIONERS A.
Association of Community Organizations For Reform Now This Petitioner is a non-profit, but not tax-exempt, corporation organized under the laws of the State of Arkansas and authorized to do business in the State of Texas.
ACORN is dedicated to the advancement of low to moderate income persons and has more than 2,500 individual members in the Dallas-Fort Worth area.
Petitioner has a history of concern over the rates and service of electric utilities.
Petitioner has intervened before
the'Public Utility Commission of Texas (PUC) to contest the rate application of various operating utility companies within the Petitioner is presently before the PCC Texas Utility System.
in Docket No.'s 1517, 1813, and 1903, and is involved in investigations of affiliate transactions within the Texas ACORN's principal concern of relevance here Utilities System.
is with the potential health, safety and environmental problems associated with the operation of the facility and with the storage, transportation, and possible release of radioactive Additionally, waste contained in the Comanche Peak spent fuel rods.
ACORN is concerned with the possibility that the construction and operation of the facility has costs which will fall dispropor-tionately on low income individuals.
B.
West "exas Legal Services This Petitioner is a non-profit, tax-exempt Texas corporation funded by the Legal Services Corporation which was established purusant to the Legal Services Corporation Act of 1974, Pub. L.93-355, 88 Stat. 378, 42 U.S.C.
2996-2996L, for the purpose of providing financial support for legal assistance in non-criminal proceedings or matters to persons Petitioner financially unable to afford legal assistance.
(30) presently represents individuals who live within thirty miles of the reactor site and whose interests would be adversely affected by the operation of the facility.
NTLS presently represents low-income individuals before the Public Utility and has an interest and concern that the actions of Commission, the Texas Utilities Generating Company on behalf of Dallas Pcwer
and Light Company, Texas Electric Service Company, and Texas Power and Light Company adversely affect the health, safety and environment of present and eligible clients and places a financial hardchip on low-income individuals in West Texas.
WTLS will contribute to the proceedings by coordinating intervening residential rate payers who are not otherwise able to afford counsel.
INTERESTS TO BE AFFECTED ACORN and WTLS are concerned that Applicant's proposal does not adequately provide for the storage and transportation of large amounts of spent fuel in Texas and of risk to their members and/or clients and the general public to exposure to radioactive waste products which can seriously affect the health and safety of the citizens of Texas and other states and The Comanche seriously affect the quality of the environment.
Peak proposal for an operating license subjects Petitioners to a potential health, safety and environmental risk not adequately considered in prior hearings.
Petitioners are concerned that the facilities have not as amended, been constructed in accordance with the application, and the provisions of the construction permits, and that proper centrol has not been maintained in the construction of the nuclear Additionally, Petitioners are concerned that Texas reactors.
Utilities Generating Company has not maintained control over construction of the plant and presently does not have employees Texas with skills requisite for operating the facilities.
Utilities Generating Ccmpany's operation of the Comanche Peak
m facilities would not be in the public interest and would subject Petitioners to significant health, safety, and environmental risks.
Petitioners are concerned over the possibility and consequences of a nuclear power plant disaster and that WASH-1400 data has been used uncritically.
Petitioners are concerned that the Texas Utilities System presently has excess generating capacity and that the operation of the Comanche Peak facilities would increase pre-existing excessive reserve margins, thereby placing an unnecessary financial burden on low-income individuals.
Petitioners are concerned that the further construction and proposed operation of the Comanche Peak facilities creates and constitutes forced savings by low-income individuals.
Petitioners are further concerned that the construction and operat '.on of the Comanche Peak facility places disproportionate and discriminatory financial burden on low-income individuals.
REQUEST FOR HEARINGS Petitioners urge that the potential health, safety and environmental provlems associated with the operation of the Comanche Peak facilities and the storage of nuclear waste necessitates a public hearing.
RESERVATION OF RIGHT TO AMEND Petitioners reserve the right to amend this pleading and further particularize the parties and contentions in accordance with the Notice of Consideration of the Operating License for Comanche Peak.
CONCLUSICM PREMISES CONSIDERED, Petitioners urge that there be a public hearing as part of the Nuclear Regulatory Commission's consideration of the operating license for Comanche Peak and further urge that the Applicant's proposal not be approved.
Respectfully submitted, WEST TEXAS LEGAL SERVICES 406 W.
T. Waggoner Building 810 Houston Street Fort Worth, Texas 76102 (S17) 334-1435 William Garrett Sarah Hawthorne Marvin Rogers Stan Boose Geoffrey M.
Gay By:
GEOFFREY M.
GAY COUNSEL FOR PETITIONERS
y ~~
f,h,k Cl[
~
N N. 3 -
/Np
/<Py
'e lL Rt -
- 1) \\
f 96i i;;
9.s,
~' m,nc AFFIDAVIT
\\,Q c! jig 6I f/
.t THE STATE OF TEXAS S
COUNTY OF TARRANT S
TERRY THOMPSON, being duly sworn on oath, states the following:
1.
That he is a resident of the City of Fort Worth, State of Texas; 2.
That he is an organizer in charge of the Fort Worth Chapter of ACORN; 3.
That he has consulted with the ACORN Boards in Dallas and Fort Worth and that they have authorized him to sign this affidavit; 4.
That ACORN has an interest in intervening before the NRC and that the health and safety and environ-ment and financial security of its members will be jeopardized if Texas Utilities Generating Company is granted an operating license for Comanche Peak; 5.
That he has reviewed the representations contained in the Petition to Intervene regarding membership and interests to be affected, and that such represent-ations are true and accurate to the best of his knowledge.
6.
That it is in the best interest of the public to have a public hearing on the licensing of Ccmanche Peak.
ll
~
r
! );ubd s
TERRYTpCMPSON SUBSCRIBED AND SWORN TO before me this day 1979.
of Notary Public in and for Tarrant County, Texas My commission expires:
AFFIDAVIT THE STATE OF TEXAS S
COUNTY OF TARRANT S
WILLIAM GARRETT, being duly sworn, on oath states the following:
1.
That he is a resident of the City of Dallas, State of Texas, and that his business address is 406 W. T.
Waggoner Building, 810 Houston Street, Fort Worth, Texas 76102; 2.
That he is Litigation Coordinator of West Texas Legal Services; 3.
That West Texas Legal Services has low-income clients within thirty (30) miles of the Comanche Peak facilities whose interests are adversely affected by the facilities; 4.
That he is authorized to sign this Affidavit; 5.
That he has reviewed the representations contained in the Petition to Intervene regarding membership, clients, and interests to be affected and that such representations are true and accurate to the best of his knowledge.
(
WILLIAM GARRETT
~
SUBSCRIBED AND SWORN TO before me this day of 1979.
Notary Public in and for Tarrant County, Texas My commission expires:
flh, ^,,D i
!-t 3N: -
.; /
9; y,;,.-
,e
..c.
- r\\L% a
CERTIFICATE OF SERVICE I hereby certify that the foregoing Petitica for Leave to Intervene and attached Affidavits were mailed this day of i
1979, postage prepaid, to the following:
Secretary of the Commission United States Nuclear Regulatory Commission Docketing and Service Section Washington, D.
C.
20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.
C.
20555 Nicholas S.
Reynolds, Esq.
Debevoise and Liberman 1200 17th Street, N.
W.
Washington, D.
C.
20555 GEOFFREY M.
GAY
~
\\ ps: ( g
,. 60'y
<g h
s
~
y e-i,~
% ef &
~
NC.
i>%
r~
~
h
]$!!ghgs
'A Q
=<
x>
w j gj \\