ML19283B667
| ML19283B667 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 01/29/1979 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7903060295 | |
| Download: ML19283B667 (4) | |
Text
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- 8 flVCLEARREGULATORYCOMf1ISSIO$1/29/79 k
V f l [.3 Y-BEFORE THE AT0!!IC SAFETY AND LICEtlSING BOARD Rom \\ &
In ihTIatter of COMM0flWEALTH EDIS0N COMPANY
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Docket flos. STN 50-456
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STil 50-457 (Braidwood Station, Units 1 and 2) )
NRC STAFF AflSHER TO PETITI0fl F0P, LEAVE TO INTERVEllE OF B0B NEINER FARMS, If!C. ET AL.
- q On December 15, 1978, the fluclear Regulatory Commission (Commission) published in the Federal Register (43 Fed. Reg. 58659) a notice of oppor-tunity for hearing in connection with issuance of operating licenses in the captioned matter. The notice provided that any person wiiose interest may be affected might file a petition for leave to intervene no later than January 15, 1979.
A timely petition for leave to intervene signed by Bob E. Neiner, individ-ually and as President of Bob fleiner Farms, Inc and five individuals, all executed under oath, was received by the Staff.
For the reasons set forth below, the NRC Staff believes that the petitioners have demonstrated standing within the purview of 10 CFR $2.714 and agency decisions.
7903060%6 C<
To establish standing, the provisions of 10 CFR 52.714(a)(2) require that a petitioner to an NRC proceeding shall:
1.
Set forth the " interest" of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to inter-vene; and 2.
Identify the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.
These petitioners allege that all of them reside within a 15 mile radius of the Braidwood Station Units 1 and 2 and that operation of these units, among other things, would result in an unreasonable risk of harm to their health and safety.
In the Staff's view the residing places of the peti-tioners are within the geographical zone that might be affected by normal (or accidental) release of fission products.1/
Standing to intervene may be based upon residence in the vicin:ty of the nuclear plant.2/ Therefore, the petitioners have satisfied the " interest" requirements of 10 CFR 52.714.
]f dee Appendix I to 10 CFR 50.
j2 Virainia Electric and Power Company (North Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631 (1973).
3-The petitioners identify a number of contentions which may not ultimately prove admissible at the prehearing conference to rule on contentions, but which the Staff believes sufficiently identify areas of interv,enor interest tomeettheaspectrequirementof52.714.
For the reasons stated above, the Board should find that petitioners have satisfiedtherequirementsof10CFR52.714withrespecttostanding.
Since petitioners may submit their contentions with the required specificity of 10 CFR 52.714(b) at any time up to 15 days prior to the holding of the first prehearing conference, it is premature for the Board to rule now on the adequacy of the petition as a whole to satisfy the regulation.
Respectfully submitted, s4)(Af ul t uac{
Myr n Karman Co nsel for flRC Staff Dated at Bethesda, flaryland this 29th day of January, 1979.
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UNITED STATES OF AMERICA liUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket !!os. 50-456 COMM0fiWEALTH EDISON COMPAllY
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50-457
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(Braidwood Station, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "t!RC STAFF AflSWER TO PETITION FOR LEAVE TO IllTERVENE OF BOB flEINER FARMS, IllC. ET AL.", in the above-captioned 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 29th day of January, 1979:
- Edward Luton, Esq., Chairman
- Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Iluclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555
- Atomic Safety and Licensing Dr. A. Dixon Callihan Appeal Board Panel Union Carbide Corporation U.S. fluclear Regulatory Commission P. O.
Box Y Washington, D.C.
20555 Dak Ridge, Tennessee 37830
- Docketing and Service Section Dr. Franklin C. Daiber Office of the Secretary of the College of Marine Studies Commission University of Delaware U.S. Nuclear Regulatory Commission Newark,' Delaware 19711 Washington, D.C.
20555 Michael I. Miller, Esq.
Isham, Lincoln & Beale One First flational Plaza Chicago, Illinois 60690
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~cuat.cg Mfron Karman Counsel for flRC Staff
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