ML19308A688
| ML19308A688 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/15/1979 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7912040075 | |
| Download: ML19308A688 (4) | |
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LNITED STATES OF AMERICA NUCLEAR REGULATORY C00ESSION N'.r 6,$N S
.g9 w{, c' 3 7d TIE ATO:EC SAFEIY ;;;D LICENSE;G ECARD 1
Parahall E. Miller, Esquire, Chai: ran
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Dr. Richard F. Cole, Merter Q cy,$
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Dr. Martin J. Steir.dler, Meder v
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In the Matter of
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METRCPOLITAN EDISCN CCMPANY, et al.
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Docket No. 50-320
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(Three Mile Island,
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(EPICOR-II) thit 2)
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N0f1CE OF SPECIAL P.9IARE;G CONFERENCE G:i FETITICN TO I:EEREiE AND RE0_EST FOR HEARDiG (Noveder 15, 1979)
The Susquehanna Valley Alliance (SVA) filed a ti:mly petition to intervene and request for a hearing on Noved er 5, 1979. This petition was filed pursuant to the Cemnissicn's Menorandun and Order of October 16, 1979, and the Director's Order for Modification of License issued on October 18,1979 (44 Fed. Rg. 61276-8, clarified at 62633).
The Licensees filed an answer en Nove:rber 13, 1979, submitting that SVA had adequately set forth its interest in the petition and had identified aspects of the subject matter of the proceeding as to which intervention was sought. The Staff filed an answer on November 14, 1979, which asserted certain deficiencies in the petition regarding the pleading of interest, or how such interest would be affected by the results of this proceeding. However, the Staff concluded that these deficiencies could readily be cured, and that subject thereto and to the submission of a supplement, the petiticn should be granted.
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i SVA has alleged that it is a citizens' group "made up of residents of the Susquehanna River Valley, who use the river water for drinking, cocking, bathing, i
recreation and other purposes and who are endangered by any releases of radioactivity 4
5 through any pathway from Three Mile Island." It has been held that activities a
j such as residing, wrking, playing and traveling within a reasonable distance of a nuclear facility cay constitute a cognizable interest which could be affected byaproceeding.1/ It is necessary for an organization which asserts standing l
based on the interests of its members, to identify at least sctre specific mmbers and their interests who have authorized the organization to act on their behalf.E 3
hhile SVA has adequately pleaded a basis for standing or interest, it will be required to file 6n amendnent or supp1 ment to its petition which satisfies the j
specificity requirements of 10 CFR $2.714(a) and (b).
Paragraph 3 of the SVA petition contains allegations regarding the assess: rent of worker exposures to the entire process of EPICOR-II, I prob 1 ms related to j
solidification of spent resins, and Three Mile Island becoming a long-term waste l
t storage site. Paragraph 4 alleges that the actions of the NRC and the damages
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1/Virginia Electric and Power Company (North Anna Nuclear Powr Station, Lhits f
i 1 and 2), AL\\B-522, 9 NRC 54 (1979); Tennessee Valley Authority (Watts Bar l
Nuclear Plant, Units 1 and 2), AL\\B-413, 5 NRC 1418 (1977).
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- Houston Lighting and Power Company (Allens Creek Nuclear Generating Station, thit 1), A1AB-535, 9 NRC 377 (1979).
l E"EPICOR-II" is a filtration and ion exchange decontamination systa used to
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decontaminate intermediate-level radioactive waste water. The approxirately 387,000 gallons of waste water stored in tanks in the auxiliary building at j
Three Mile Island Nuclear Station, thit 2 (IMI-2), has a total radioactivity concentration less than 40 microcuries/ milliliter, and is referred to as intermediate-level waste water.
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i resulting therefrom will significantly affect the quality of the huxan environtrent.
l These allegaticns challenge the sufficiency of the reasures provided and the
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attendant inpact on the envirorrent, and cover the aspects of the proceeding on
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which intervention may appropriately be granted.
f 10 CFR S2.714(b) provides:
"Not later than fifteen (15) days prior to the holding of the special prehearing conference pursuant to 52.715a...the petitioner shall file a supplement to his petition to intervene which cust include a list of the contenticns which petitioner seeks to have litigated in the matter, and the bases for each contention set forth with reasonable specificity. A petitioner who fails to file r
such a suoplement which satisfies the requirements of this para-graph with respect to at least one contention will not be pennitted to participate as a party."
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The Conmission has directed the Licensees to begin promptly the operation I
of the process known as EPICOR-II, and to proceed expeditiously notwithstanding i
the filing of any requests for a hearing O'anorandum and Order entered October 16, 1979, pp. 14-16). This Licensing Board is also directed to bear in l
mind that the process of operating EPICOR-II may take as little as two tronths, and therefore any hearing shall be conducted as expeditiously as possible.
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Accordingly, we request all parties and counsel to exert their maxinm efforts j
to expedite this proceeding. The petition to intervene and request for hearing filed by SVA is granted, subject to the prompt filing of a supplement to the petition setting forth contentions with reasonable specificitv. The parties and
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counsal are encouraged to confer prceptly and attenpt to clarify contentions and j
issues, and to prepare for the early comencment of any necessary hearirgs.
i FI2ASE TAKE SOTICE that a special prehearing conference will be held in accordance with the provisions of 10 CFR $2.751a. The conference will cccmence
. at 10:00 a.m., local time, en Thursday, Decarber 6,1979, and may extend to December 7, 1979. The conference will be held in Harrisburg, Pennsylvania, and the precise location will be announced in a later order. The purpose of the conference is to permit the identification of key issues in the proceeding, to consider the intervention petition as amended and supplemented, and to consider all contentions. An expedited schedule will be established for further actions in this proceeding, leading to the early ccmencenent of any required evidentiary hearings. The Licensees, Staff and Intervention Petitioner are directed to at. tend and to participate. The public is invited to attend but there will be no opportunity for public participation during the first special prehearing conference.
A subsequent session will be held at which public limited appearance statements may be rade, and notice will be given as to the date and place for such limited appearances. Written limited appearance statements may be suhnitted to the Board at any time, and may be mailed to the Secretary of the Comnission, U. S.
Nuclear Regulatory Comnission, Washington, D. C.
20555.
Both oral and written statements will be made a part of the official record of this proceeding.
It is so ordered.
FOR THE ATWIC SAFETY AND LICENSING BOARD
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Marshall E. Miller, Chairman Dated at Bethesda, P.aryland this 15th day of November 1979.