ML19309C922
| ML19309C922 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/04/1980 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8004090390 | |
| Download: ML19309C922 (7) | |
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UNITED STATES OF AMERICA N9 CLEAR REGULATORY COMMISSION BEFORE THE C0i+1ISSION In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.
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Docket No. 50-320
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(Order - February 11,1980)
(Three Mile Island Nuclear Station,
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Unit 2)
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NRC STAFF'S ANSWER TO REQUEST FOR HEARING BY THE ENVIRONMENTAL C0ALITION ON NUCLEAR POWER On March 15, 1980, the Environmental Coalition on Nuclear Power (ECNP or Petitioner) filed a timely Request for Hearing (Petition) pursuant to an Order issued by the Director, Office of Nuclear Reector Regulation (NRR) on February 11,198h and the Commission's Rules of Practice, specifically, 10 CFR @ 2.714 The Order proposed to modify the facility's operating license to:
"(1) define operating parameters for the current safe, stable, long-term cooling mode for the facility (defined as the recovery mode), and delete all other permissible operating modes so as to assure that operation of the facility in other than the stable shutdown condition of the recovery mode is precluded;
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The Order in question was published in the Federal Register on February 20, 1980 at 45 Fed. Reg. 11282-84.
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(2) impose functional, operability, redundancy and surveillance require-ments as well as safety limits and limiting conditions with regard to those structures, systems, equipment and components necessary to main-tain the facility in the current safe, stable shutdown condition and to cope with foreseeable off-normal conditions.
(3) prohibit venting or purging or other treatment of the reactor building atmosphere, the discharge of water decontaminated by the EPIC 0R-II system, and the treatment and disposal of high-level radioactively contaminated water in the reactor building, until each of these activi-ties has been approved by the NRC, consistent with the Commission's Statement of Policy and Notice of Intent to Prepare a Programmatic Environmental Impact Statement (44 F.R. 67738)."
I.
INTEREST As provided by the Order, a petition must satisfy the requirements of 10 CFR 9 2.714 of the Commission's Rules of Practice.
This regulation directs that a petitioner set forth his or her interest in the proceeding and how such interest might be affected by the result thereof, including the reasons why intervention should be permitted.
10 CFR S 2.714(a)(2).
In this regard, consideration is to be given to the nature of the petitioner's right to be made a party, the nature and extent of petitioner's property, financial or other interest in the proceeding and the possible effect on such interest of any order entered in the proceeding.
10 CFR 5 2.714(d). Also to be stated in a petition are the specific aspects of the subject matter of the proceed-ing on which intervention is sought.
10 CFR 5 2.714(a)(2).
It is elemental that judicial concepts of standing are controlling in deternining whether a petitioner has satisfied the foregoing requirements.
Portland General Electric Company (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 613-614 (1976); Public Service Company of Oklahoma, et al. (Black Fox Station, Units 1 and 2) ALAB-397, 5 NRC 1143,1144-1145.
Consequently, a petitioner must show " injury in fact" and that such interest is " arguably within the zone of interest protected by the statute." Port-land General Electric Company, supra.
Particular attention should be given to the particularization of the above elements in connection with non-mandatory proceedings, such as the instant one, to assure that potential intervenors have the required interest to warrant a hearing, g. Cincinnati Gas & Electric Company, et al.
(William H. Zimmer Nuclear Power Station) ALAB-305, 3 NRC 8, 12 (1976) (a case involving an operating license).
Clearly, an organization can establish standing through members of the organization who have interests which may be affected.U Public Service Co. of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2),
ALAB-322, 3 NRC 328, 330 (1976). At the same time, when an organization claims that its standing is based on the interests of its members, the I
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In light of petitioner's apparent intention to intervene in a representa-tive capacity on behalf of individual members, the question of whether it has shown sufficient " institutional" interest need not be reached.
Edlow International Company (Agent for the Government of India on Application i
to Export Special Nuclear Material) CLI-76-6, 3 NRC 561, 573-574 (1976).
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. orgai;4ation must identify specific individual :. embers with interest, describe how the interests of each of those members might be affected and show that each of those members has authorized the organization to act on his or her behalf. Houston Lighting & Power Company (Allens Creek Nuclear Generating Station, Unit 1) ALAB-535, 9 NRC 377 (1979).
Edlow International Company (Agent for the Government of India on Application to Export Special Nuclear Material) CLI-76-3, 3 NRC 561, 574 (1976). Allied General Nuclear Services, et al.- (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC 420, 422 (1976). An organization may satisfy the requirements of 10 CFR 92.714 by showing that the residence of one of its members is "within the geographical zone that might be affected by an accidental release of fission products". Louisiana Power and Licht Co. (Waterford Steam Electric Station, Unit 3), ALAB-125, 6 AEC 371, 372 n.6 (1973).
In fact, the Appeal Board has held that geographic proximity of a member's residence to a facility is deemed enough, standing alone, to establi'h the interest requirements of 10 CFR Q 2.714.
Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2), ALAB-522, 9 NRC 54 (1979).
Although no specific distance from a nuclear power plant has evolved from Commission decisions to define the outer boundary of the " geographic zone of interest",
distances up to about 50 miles have been found not to be so great as to preclude a finding of standing based on residence.
Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2) ALAB 413, 5 NRC 1418,1422 n.4 (1977).
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With respect to the foregoing, the ECNP petition merely asserts that "[s]tand-ing and interest of [ECNP] and its members and member organizations in matters relating to Three Mile Island * *
- have previously been established by NRC's acceptance [of previous petitions to Intervene]...." While this assertion could be said to colorably establish interest, it is the Staff's position that, absent identification of one or more ECNP members (and what such members' interest may be), and their authorization to be represented by ECNP in this proceedina, the petition is defective insofar as demonstrating the requisite interest.
In regard to the requirement that a petition also show how such interest would be affected by the results of the subject proceeding, the Petition must also be found wanting. The Petition simply incorporates by reference two previous generalized requests made to the Director of NRR pursuant to 10 CFR 6 2.206 without any attempt to show how or why those earlier general-ized requests establish that petitioner's interest would be affected by the results of the subject proceeding which, as noted above, is limited in scope.
II.
ASPECTS OF THE PROCEEDING As noted above, a petition, in addition to setting forth a petitioner's interest and the affects thereon, must identify the specific aspect (s) on which intervention is sought.
This matter is also presumably intended to be L
- addressed by ECNP's incorporation by reference of the two previous general-ized requests made to the Director of NRR.
However, the petition fails to identify the portions, if any, of the earlier requests which go to the specific aspects as to which intervention is sought in this proceeding.
III. RE0 VEST FOR FINANCIAL ASSISTANCE The petition also contains a request for financial assistance.
The request should be denied. The Commission, after extensive public hearings, deter-mined not to provide financial assistance to intervenors in individual license action proceedings, (In the Matter of Financial Assistance to Participants in Commission Proceedinos) CL-76-23, November 12, 1976, 4 NRC 494 That policy remains in effect today.
IV.
CONCLUSION Based on the foregoing, the Staff believes that although the ECNP petition is presently deficient, it appears amenable to being cured, and, subject thereto and to submission of contentions as required by 10 CFR S 2.714(b), should be granted.
In any event, the request for financial assistance should, however, be denied.
Respectfully submitted, b
Bernard M. Bordenict Counsel for NRC Staff Dated at Bethesda, Maryland this 4th day of April,1980
D UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEF0PE THE COMMISSION In the Matter of
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METROPOLITAN EDISON COMPANY, ET AL.
Docket No. 50-320 (Order - February 11,1980)
(Three Mile Island Nuclear Station, Unit 2)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO REQUEST FOR HEARING BY THE ENVIRONMENTAL C0ALITION ON NUCLEAR POWER", dated April 4, 1980, 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 4th day of April, 1980:
Mr. Steven C. Sholly
- Atomic Safety and Licensing Board 304 South Market Street Panel Mechanicsburg, Pennsylvania 17055 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. William A. Lochstet 119 E. Aaron Drive
- Atomic Safety and Licensing Appeal State College, Pennsylvania 16801 Panel U.S. Nuclear Regulatory Comission Dr. Judith H. Johnsrud Washington, D.C.
20555 l
Environmental Coalition on Nuclear.
Power
- Docketing and Service Section 433 Orlando Avenue Office of the Secretary State College, Pennsylvania 16301 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 George F. Trowbridge, Esq.
Shaw, Pittman, Potts and Trowbridge 1800 H. Street, N.W.
Washington, D.C.
20036 W}
Bernard M. BordenicE Counsel for NRC Staff