ML19309F866
| ML19309F866 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 04/30/1980 |
| From: | Barth C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8005010480 | |
| Download: ML19309F866 (3) | |
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UNITED STATES OF AMERICA 4/30/80 NUCLEAR REGULATORY COMt11SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of NORTHERN STATES POWER COMPANY
)
Docket Nos. 50-282
)
50-306 (Prairie Island Nuclear Generating
)
Plant, Unit Nos. 1 and 2)
)
(Spent Fuel Pool Modification)
NRC STAFF RESPONSE TO i
PETITION TO INTERVENE BY STATE OF MINNES0TA On March 12, 1980 the NRC published in the Federal Registe a notice of proposed issuance of amendments to the subject operating licenses to expand the spent fuel pool storage capacity at the site.
The notice provided, inter alia, that any person whose interest may be affected by the issuance of the requested amendments and who wishes to participate as a p;rty in the amendments proceeding must file a written petition to intervene by April 11, 1980.
The State of.'linnesota I filed an undated petition to intervene on or about April ll, 1980.
Pursuant to 10 C.F.R. 2.714(d), a Board in determining whether to admit a petitioner as an intervenor is to consider the nature of the petitioner's right under the Atomic Energy Act to become a party to the proceeding, the nature of the petitioner's interest in the proceeding, and the effect an order entered in the proceeding may have on the petitioner's interes t.
Here the State explains that it has an interest in possible hazards to its citizens and that the storage of additional fuel and modification of S 45 Fed. Reg. 16056.
-] " Persons" is defined in 10 C.F.R. 52.4(o) to include a State or any agency 2
thereof.
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3
- ] The Staff cannot state that the filing was subsequent to Aoril 11, 1980.
The~ Applicant's Response dates the State's filing as April 9,1980.
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..s ttie storage,in.the pool.may be such a.h' zar.d.
In the. Staff's view 't.his demon.,,4,',g.,.
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strates sufficient interest to be admitted as an intervenor, as the State has shown its right to represent its citizens, its interest in the proceeding and how that interest could be affected.
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10 C.F.R. 52.714(b) also requires as a condition to being admitted as a party-intervenor that at least one valid contention be filed in the proceeding prior to the prehearing conference. The State is aware of this requirement and indicates its willingness to confonn to these rules.
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The NRC Staff will not object to the State's request for a hearing or petition to intervene provided it files at least one valid contention 15 days prior to the special prehearing conference held pursuant to 10 C.F.R. 52.715a or 15 days prior to first prehearing conference.b Respectfully submitted, Charles A. Barth Counsel for NRC Staff Dated at Bethesda, Maryland, this 30th day of April,1980.
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3 The State in its request for relief asks, inter alia, that no NRC license amendment should issue until State proceedings are completed concerning the Licensee's application for a certificate of need and the State's environ-mental evaluation. As the propriety of intervention to test whether the proposed license amendment should be granted under applicable law does not depend upon the request for this particular relief, this request does not effect the granting of the intervention sought.
However, it is noted that the Commission in the past has rejected State requests.that the NRC not take action on licensing requests until State proceedings are complete.
See Wisconsin Electric Power Co. (Koshkonong Nuclear Plant, Units 1 and 2),
CLI-74-45, 8 AEC 928, 930 (1974).
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r-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION
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7 NORTHERN STATES J0WER COMPANY Docket Nos. 50-282
)
50-306 (Prairie Island Nuclear Generating
)
Plant, Unit Nos. I and 2)
)
)
(Spent Fuel Pool Modification)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO PETITION TO INTERVENE BY STATE OF MINNES0TA" in the above-captioned proceeding have been served on the folicwing by deposit in the United States mail, first class, or, as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 30th day of April,1980:
Robert M. Lazo, Esq., Chairman
- Joseph D. Bizzano, Jr.
Atomic Safety and Licensing Board Panel Northern States Power Company U.S. Nuclear Regulatory Commission 414 Nicollet Mall Washington, D.C.
20555 Minneapolis, Minnesota 55401 Dr. David L. Hetrick Marlene E. Senechal, Esq.
Professor of Nuclear Engineering Special Assistant Attorney General University of Arizona Jocelyn F. Olson, Esq.
Tucson, Arizona 85721 Special Assistant Attorney General Minnesota Pollution Control Agency Dr. Quentin J. Stober 1935 W. County Road B2 Fisheries Research Institute Roseville, Minnesota 55113 University of Washington Seattle, Washington 98195 Atomic Safety and Licensing Board Panel
- Jay E. Silberg, Esq.
U.S. Nuclear Regulatory Commission Counsel for Northern States Washington, D.C.
20555 Power Company 1800 M Street, N.W.
Atomic Safety and Licensing Washington, D.C.
20036 Appeal Panel
- U.S. Nuclear Regulatory Commission Doc.keting and Service Section*
Washington, D.C.
20555 Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Charles A. Barth Counsel for NRC Staff 4
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