ML19320B016
| ML19320B016 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/07/1980 |
| From: | Paton W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8007090055 | |
| Download: ML19320B016 (6) | |
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UNITED STATES OF AMERICA 7/7/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSUMERS POWER COMPANY Docket Nos. 50-329 OM
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50-330 OM (Midland Plant, Units 1 and 2)
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NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE FILED BY CAROL GILBERT INTRODUCTION On December 6, 1979, the Nuclear Regulatory Commission (Commission) issued an order modifying the construction permits held by Consumers Power Company (Consumers) for the Midland Plant. The Order prohibited certain soil con-struction activities pending the submission of an amendment to Consumers' application and the issuance of an amendment to the construction permits.
The Order provided that the licensee or any person whose interest was affected
' by the Order could, within 20 days, request a hearing with respect to all or any part'of the Order. The Order further provided that it would become effective on the expiration of the 20-day period or, in the event a hearing was requested, on the date specified in an Order made following the hearing.
j On December 26, 1979, Consumers filed a timely request for hearing. As set forth in the Order, the issues to be considered at the hearing are:
(1) whether the facts set fort' in Part II of the Order (facts generally related l
8 0 0 7 0 9 00ff (y
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-to deficiencies in soil construction) are correct, and (2) whether the Order should be sustained.
A notice of evidentiary hearing was published (45 Fed. Reg. 18214-15, March 20,1980). On May 28, 1980, an amended notice of evidentiary hearing was
-published (45. Fed. R_eg. 35949-51) which provided opportunity to petition for leave to intervene by June 27, 1980.
Carol Gilbert filed a timely petition for leave to intervene. dated June 16, 1980. For the reasons set out below, the NRC Staff (Staff) believes petitioner has satisfied the requirements of 10 C.F.R. 5 2.714 with respect to standing.
DISCUSSION To establish standing in accordance with 10 C.F.R. 5 2.714(a)(2), the peti-tioner must:
1.
Set forth the " interest" of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to intervene; and 2.
Identify the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes i
to intervene.
The petitioner alleges that she resides within twenty-five miles of the l
Midland Plant and that her health and safety interest will be affected by l
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O e the excessive settlement and soil deficiencies of the diesel oenerator building through releases of rbiiation by an accident at the plant.
Standing to intervene may be based upon residence in the vicinity of the nuclear plant.~1/Petitioner has satisfied the " interest" requirement of 10 C.F.R. 5 2.714 by her allegation of residence within twenty-five miles of the facility.
Petitioner has met the aspect requirement of 10 C.F.R. 5 2.714 by her alle-gation that her health and safety interests will be affected by the exces-sive settlement and soil deficiencies of the diesel generator building through releases of radiation by an accident at the plant.
-1/ In Gulf States Utilities Company (River Bend Station, Units 1 and 2),
ALAB-183, 7 AEC 222 at 226 (1974), the Appeal Board stated:
Without undertaking to draw for these purposes an exact circumferential line around this or any other facility site, we record our belief that, as a general proposi-tion, a person whose base of normal, everyday activities is within 25 miles of the site can fairly be presumed to have an interest which might be affected by reactor con-struction and/or operation.
The River Bend decision, ALAB-183, supra, began its consideration of standing based on residence within 25 miles of a proposed facility by citing and discussing Northern States Power Company (Prairie Island Nuclear Generating Plant, Units 1 and 2), ALAB-107, 6 AEC 188,190 (1973).
In Prairie Island, the Appeal Board stated:
Without attempting to lay down any inflexible standard, we deem distances of 30 to 40 miles from this reactor site as not being so great as to require the conclusion that residents of Minneapolis and North Field are geo-graphically outside the zone of interests protected by the Atomic Energy Act.
- g. CONCLUSION For the reasons stated above, the Board should find that petitioner has satis-fied the requirements of 10 C.F.R. 5 2.714 with respect to standing.
Since petitioner may submit contentions with the required specificity of 10 C.F.R. 5 2.714(b) at any time up to 15 days prior to the holding of the first pre-hearing conference, it is premature for the Board to rule now on the adequacy of'the petition as a whole to satisfy the regulation.
Respectfully submitted 4
Y William D. Paton Counsel for NRC Staff Dated at Bethesda,toryland this 7th day of July,1980 e
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L' ilE3 Sl ATES OF '"E-:E A
BEFORE THE ATOMIC SAFETY A!iD L!CENSil$ BOARD In the Matter of
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CONSUMERS-POWER COMPANY
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Docket Nos. 50-329-0M
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50-330-0M (Midland Plant, Units 1 and 2)
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In the Matter of
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C0"SUMERS PONER COMPANY
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Docket Nos. 50-329-0L
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50-330-0L (Midland Plant, Units 1 and 2)
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4 CERTIFICATE OF SERVICE
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I hereby certify that copies of "NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTEbENE FILED BY CAROL GILBERT" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first calls or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Com-mission's internal mail system,-this 7th day of July,1980.
- Ivan W. Smith, Esq.
Ms. Mary Sinclair Atomic Safety ead Licensing Board 5711 Summerset Street U. S. Nuclear Regulatory Commission Midland, Michigan 48540 Mashington, D. C.
20555 Michael I. Miller, Esq.
- Mr. Gustave A. Linenberger Ronald G. Zamarin, Esq.
Atomic Safety and Licensing-Board Martha E. Gibbs, Esq.
U. S. Nuclear Regulatory Commission Caryl A. Bartelman, Esq.
Washington, D. C.
20555 Isham, Lincoln & Beale One First National Plaza Dr. Frederick P. Cowan 42nd Floor 6152 N. Verde Trail Chicago, Illinois 60603 Apt. B-125 Boca Raton, Florida 33433
- Atomic Safety & Licensing Boara Panel U. S. Nuclear Regulatory Commission Trank J. Kelley Washington, D. C.
20555 Attorney General of the State of Michigan Stewart H. Freeman
- Atomic Safety & Licensing Appeal Panel Assistant Attorney General U. S. Nuclear Regulatory Commission Gregory T. Taylor _
Ueshington, D. C.
20555 Assistant Attorney General Environmental Protection Division
- Docketing and Service Section 720 Law Building Office of the Secretary Lansing, Michigan 48913 U. S. Nuclear Regulatory Commission i
Washington, D. C.
20555 Myron M. Cherry. Esq.
1 ]BM Plaza Grant J. Merritt, Esq.
Chicago, Illinois 60611 Thompson, Nielson, Klaverkamp 3 James 80 South Eighth Street Minneapolis, Minnesota 55402 n
- Judd L. Bacon, Esq.
Ms. Carol 'Gi.lbert Consur..ers Power Co:r>pany 903 N. 7th Street 212 West Michigan Avenue' 3aainaw,-Michigan 48601 Jackson,,P.ich iga n' 49201
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Mr. William A. Thibodeau Ms. Barbara Stamiris 5795 N. River 3245 Weigl Road Saganaw, Michigan 48603 Freeland, Michigan 48623 Mr. Terry R. Miller Mr. Steve Gadler 3329 Glendora Drive 2120 Carter Avenue Bay City, Michigan 48706 St. Paul, Minnesota 55108 Wendell H. Marshall, Vice President Midwest Environmental Protection Associates f-RfD 10 Midland, Michigan 48640 Mr. Michael A. Race 2015 Seventh Street Bay City, Michigan 48706 Ms. Sandra D. Reist 1301 Seventh Street Bay City, Michigan 48706 Sharon K. Warren-636 Hillcrest Midland, Michigan 48640 Patrick A. Race 1004 N. Sheridan Bay City, Michigan 48706 George C. Wilson, Sr.
4618 Clunie Saginaw, Michigan 48603 Y
tr William D. Paton Counsel for NRC Staff
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