ML19289D752

Applicant'S Answer to La Consumer'S League,Inc Intervention Petition.Questions League'S Authorization to Represent Its Members & Their Interests.Urges That Authorization Be Required.Certificate of Svc Encl

ML19289D752
Person / Time
Site:	Waterford
Issue date:	02/14/1979
From:	Blake E SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 7903140322
Download: ML19289D752 (6)

Text

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,N g, r b f h February 14, 1979 s jj b g (/ UNITED STATES OF AMERICA y N'/ NUCLEAR REGULATORY COMMISSION

& l WY Before the Atomic Safety and Licensing Board In the Matter of )

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LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

APPLICANT'S ANSWER TO PETITION FOR LEAVE TO INTERVENE SUBMITTED BY LOUISIANA CONSUMER'S LEA *GUE, INC.

On January 2, 1979, the Nuclear Regulatory Commission (NRC) published in the Federal Register a Notice of " Receipt of Application for Facility Operating License; Availability of Applicant's Environmental Report; Consideration of Issuance of Facility Operating License; and Opportunity for Hearing." 44 Fed. Reg. 125. This Notice stated that the NRC, following completion of specified actions, will consider the issuance of an operating license to Louisiana Power & Light Company (Applicant) for the Waterford Steam Electric Station, Unit 3 (Waterford 3). The Notice provided that any person whose interest may be affected by the pro-ceeding might file, by February 1, 1979, a petition for leave to intervene.

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On January 30, 1979, the Louisiana Consumer's League, Inc. (LCL), on its own behalf, and on behalf of its members, filed a petition for leave to intervene.

LCL has not demonstrated standing in this proceeding.

Standing requires (1) that individual members of the organiza-tion have a cognizable interest in the proceeding, and (2) that the organization has been authorized by such members to represent those interests. See, e.g., Allied General Nuclear Services (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC 420 (1976).

Normally, where a petition to intervene identifies by name or by class members who have a cognizable interest in the proceeding and where the functions of the organization clearly encompass the furtherance of those interests, Applicant's counsel would not seek further assurance from the organization that it had been specifically authorized by its members to represent their interests in a particular pro-ceeding. Thus, Applicant has sought no such assurance with respect to the joint petition of Save Our Wetlands, Inc. and Oystershell Alliance, Inc. to intervene in this proceeding, since it appears on the face of the petition that the purposes and functions of the two organizations include the further-ance of the interests of its members as described in the petition.

In the case of LCL's petition to intervene, however, no such coincidence between the purposes and functions of the organization and the specified interest of its members is apparent. LCL describes its objects and purposes solely in terms of promoting and representing the interests of Louisiana consumers. The interests in this proceeding ascribed to 147 of its members, however, are not their interests as consumers of electricity or any other services or product but only interests which they share in common with other residents of the area in alleged safety and environmental risks associated with the operation of the Waterford nuclear plant.

Under these circumstances Applicant is not prepared to assume that LCL has been authorized, either in general terms by its charter or by specific action of its members, to represent its members and their interests in this proceed-ing. Unless LCL is prepared to demonstrate such authorization the petition to intervene should be denied.

In addition, we note that unlike the joint petition of Save Our Wetlands, Inc. and Oystershell Alliance, Inc., there is no allegation that intervention in this proceeding has been authorized by either the membership or governing body of LCL. In view of the apparent disparity between the stated

objectives and purposes of LCL and the stated interests of its individual members, the Board should require a further showing that the membership or governing body of LCL has authorized the intervention.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 6, f-l. f.A4 $

Ernest L. Blake, Jr.

Counsel for Applicant 1800 M Street, N.W.

Washington, D.C. 20036 (202) 331-4100 Of Counsel W. Malcolm Stevenson Monroe & Leman Whitney Building New Orleans, Louisiana 70130

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicant's Answer To Petition For Leave To Intervene Submitted By Louisiana Consumer's League, Inc." were served upon each of the persons listed on the attached Service List, by mailing copies, first class, postage prepaid, on this 14th day of February, 1979.

SHAW, PITTMAN, POTTS & TROWBRIDGE By: b><. M 'd'""~ ,4.

Ernest L. Blake, Jr.

Counsel for Applicant

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

)

(Waterford Steam Electric )

Station, Unit 3) )

SERVICE LIST Sheldon J. Wolfe .

Henry J. McGurren, Esq.

U.S. Nuclear Regulatory Office of "xecutive Legal Commission Director Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Harry Foreman Lyman L. Jones, Jr.

Box 395, Mayo Gillespie & Jones University of Minnesota 910 Security Homestead Building Minneapolis, Minnesota 55455 4900 Veterans Memorial Boulevard Metairie, Louisiana 70002 Dr. Walter H. Jordan 881 West Outer Drive Luke B. Fontana Oak Ridge, Tennessee 37830 824 Esplanade Avenue New Orleans, Louisiana 70116 Chairman, Atomic Safety and Licensing Board Panel Stephen M. Irving U.S. Nuclear Regulatory Counsel for Petitioner Commission One American Place - Suite 1601 Washington, D.C. 20555 Baton Rouge, Louisiana 70825 Chariman, Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555