ML19296C018
| ML19296C018 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 02/11/1980 |
| From: | Gallo J, Gibbs M ISHAM, LINCOLN & BEALE, PUBLIC SERVICE CO. OF OKLAHOMA |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML19296C015 | List: |
| References | |
| ALAB-573, NUDOCS 8002250067 | |
| Download: ML19296C018 (4) | |
Text
h 2/11/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Commission In the Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, Inc.) Docket Nos. STN 50-556 and
)
STN 50-557 Western Farmers Electric Cooperative )
)
(Black Fox Station, Units 1 and 2)
)
MOTION TO STRIKE RESPONSE OF THE ATTORNEY GENERAL TO ALAB-573 Public Service Company of Oklahoma, Associated Electric Cooperative, Inc. and Western Farmers Electric Cooperative
(" Applicants"), by their attorneys, move the Nuclear Regulatory Commission (the "NRC" or the " Commission")
to strike the response of the Attorney General of the State of Oklahoma (the " Attorney General") to the decision of the Atomic Safety and Licensing Appeal Board (the " Appeal Board")
in this docket issued on December 7, 1979.1/
As Applicants will demonstrate, the Attorney General is without standing to file a response to that decision.
~
The cause of the current round of pleadings before the Commission is the Appeal Board's decision concerning the appeal brought by Citizens' Action for Safe Energy, Ilene Younghein and Lawrence Burrell ("Intervenors") from the 1/
Public Service Company of Oklahoma (Black Fox Station, Units 1 and 2), ALAB-573, 10 NRC (December 7, 1979).
8002250 069
t partial initial decision of the Atomic Safety and Licensing Board (the " Licensing Board") concerning site suitability and environmental matters.S!
That decision authorized the issuance of a limited work authorization for the Black Fox Station.
The Attorney General was not a party either to the environmental and site suitability portion of this case or to the subsequent appeal.
In ALAB-573, the Appeal Board affirmed the deci-sion of the Licensing Board with the exception of the radon issue, over which jurisdiction was retained.
With regard to a question concerning Class 9 accidents raised by Intervenors, however, the Appeal Board directed the NRC Staff to inform the Commission of its views on whether or not the consequences of Class 9 accidents should be consid-ered in the Black Fox proceeding.
The Appeal Board also invited the "other parties" to submit their views on this question to the Commission.
(Slip op. at 32.)
The Attorney General, apparently in response to that invitation, filed a pleading with the Commission concerning Class 9 accidents.
However, there is no reason to believe the Appeal Board in-tended to afford the opportunity to respond to parties who did not participate in the appeal.
Accordingly, the Attorney 2/
Public Service Company of Oklahoma (Black Fox Station, Units 1 and 2), LBP-78-26, 8 NRC 102 (1978).
- , General's pleading should be disregarded because of his lack of standing.
The Attorney General was not a party to this proceeding when the hearings on environmental and site suitability issues were held in 1977 and mid 1978, and he certainly was not a party to the appeal from the partial initial decision on environmental and site suitability issuec.
In fact, it was not until February 27, 1979, the day before the close of the hearings on radiological nealth and safety matters, that the Attorney General petitioned for admission to the Black Fox construction permit proceeding 5 2.715(c).3/
While the petition was pursuant to 10 C.F.R.
granted, that grant was not extended to participation in the environmental and site suitability portion of the Black Fox proceeding.$!
3/
As a matter of policy, the Commission mair be inclined to entertain the views of an Attorney General despite a lack of standing.
But no such benevolence should be af-forded this Attorney General because, as his exten-sive discovery request indicates, the Attorney General, if permitted, intends to disrupt and unduly burden this proceeding notwithstanding his late entrance into the case.
4/
Order of the Licensing Board dated March 8, 1979; Tr. 8485-89.
6 For the reasons set forth above, the response of the Attorney General to ALAB-573 should be stricken.
Respectfully submitted, AA epy(3 allo
/w(
4Liqa Martha E.
Gibbs Two of the Attorneys for the Applicants Isham, Lincoln & Beale 1050 17th Street, N.W.
Suite 701 Washington, D.C.
20036 202/833-9730 Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 312/558-7500 February 11, 1980
.