ML19330A387
| ML19330A387 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 07/14/1980 |
| From: | Paton W NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OM, NUDOCS 8007170226 | |
| Download: ML19330A387 (6) | |
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7 IP UNITED STATES OF AMERICA 7/14/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATONIC SAFETY AND LICENSING BOARD In the Matter of
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CONSUMER 5 POWER COMPANY
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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 PETITIONS FOR LEAVE TO INTERVENE FILED BY WILLIAM A. THIBODEAU; TERRY R. MILLER; GEORGE C. WILSON, SR.; SANDRA D. REIST; PATRICK A. RACE; SHARON WARREN; MICHAEL A. RACE; AND BARBARA STAMIRIS INTRODUCTION On December 6,1979, the Nuclear Regulatory Commission (Connission) 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 subn.;ssion 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 i., all or any part of the Order. The Order further provided that it woula become effective on the expiration of the 20-day period or, in the event a hearing 4
was requested, on the date specified in an Order made following the hearing.
On December 26, 1979, Consumers filed a timely request for hearing. As set forth in the Order, the issues to be m,sidered at the hearing are:
(1) whether the facts set forth in Part II of the Order (facts generally related THIS DOCUMENT CONTAINS POOR QUALITY PAGES 80 0 717 0 2M
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to deficiencies in soil construction) are correct, and (2) whether the Order should b'e sustaired.
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. Reg. 35949-51) which provided opportunity to petition
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for leave to intervene by June 27, 1980.
William A. Thibodeau, Terry R. Miller, George C. Wilson, Sr., Sandra D. Reist, Patrick A. Race, Sharon Warren, Michael A. Race, and Barbara Stamiris (Petitioners) filed timely petitions for leave to intervene.
For the reasons set out below, the NRC Staff (Staff) believes Petitioners have satisfied the requirements of 10 C.F.R. E 2.7k4 with respect to standing.
DISCUSSION To establish standing in accordance with 10 C.F.R. 5 2.714(a)(2), the Peti-tioner must:
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Set forth the " interest" of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, includf ag 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 to intervene.
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Petitioners Thibodeau, Miller, Wilson, Reist, Warren, and Stamiris allege that they reside within twenty-five miles (or less) of the Midland Plant.
Petitioners Michael A. Race and Patrick A. Race allege that they reside in Bay City (Michael A. Race) and Bay County (Patrick A. Race). Staff Counsel spoke to both of these petitioners on July 7, 1980 to obtain more precise information concerning the distance from their residence to the facility, and was told that they reside within twenty-five miles of the Midland Plant.
All Petitioners allege that their health and safety interests will be affected by the excessive settlement and soil deficiencies of the diesel generator building.
Standing to intervene may be based upon residence in the vicinity of the 1.]
nuclear plant.
Petitioners have satisfied the " interest" requirement of 10 C.F.R. 5 2.714 by their residence within twenty-five miles of the facility.
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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 I
standing based on residence within 25 miles of a proposed facility by I
citing and discussing Northern States Power Company (Prairie Island l
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 c;nclusion that residents of Minneapolis and North Field are geo-graphically outside the zone of interests protected by the Atomic Energy.Act.
t a Petitioners have met the aspect requirement of 10 C.F.R. 5 2.714 by their allegations that their health and safety interests will be affected by the 2/
excessive settlement and soil deficiencies of the diesel generator building.'-
CONCLUSION For the reasons stated above, the Board should find that Petitioners have satisfied the requirements of 10 C.F.R. 8 2.714 with respect to standing.
Since Petitioners 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 prehearing conference, it is premature for the Board to rule now on the adequacy of their Petitions as a whole to satisfy the regulation.
Respectfully submitted, f
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William D. Paton
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Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of July,1980 2] On July 1,1980, Consumers Power Company filed their answer to petitions i
for leave to intervene of Messrs. Thibodeau, Miller and Race and Ms.
Stamiris and Ms. Gilbert.
In their answer, Consumers sugaests that:
since the substance of all these petitions is similar and the wording of four of the petitions identical, the Nuclear Regulatory Commission should consolidate them pursuan~ to 10 C.F.R. 5 2.714(d), limiting the intervention of these common interests to representation by a single spokesperson.
The Staff believes that consolidatian of these petitions may prove to be appropriate, but at present is premature until this Board has had an oppor-tunity to consider the contentions of each petitioner.
10 C.F.R. 1 2.715a.
U.F.ID SiAli.5 Uf
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I."JC L E AR i:1 GULI? i+iY C' BLIORE THE ATOMIC SAFETY / JD L!CE!;SM FMD in the Matter of
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00:SUMERS-P01-lER COMPANY
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Docket Nos. 50-329-0M.
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50-330-0M
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(Midland Plant, Units 1 and 2)
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In the Matter of
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COMSUMERS P0'clER COMPANY
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Docket Nos. 50-329-0L
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50-330-OL
.(Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE ~
I hereby certify that copies of "NRC STATF ANSWER TO PETITIONS FOR LEAVE TO INTERVENE FILED BY WILLIAM A. THIBODEAU; TERRY R. MILLER; GEORGE C. WILSON, SR.; SANDRA D. REIST; PATRICK A RACE; SHARON WARREN; MICHAEL A. RACE; AND BARBARA STAMIRIS" 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 14th day of July,1980.
- Ivan W. Smith, Esq.
Ms. Mary Sinclair Atomic Safety and Licensing Board 5711 SumT.erset Street U. S. ??uclear Regulatory Commission Midland, Michigan 48640 I?ashington, D. C.
20555 Michael I. Miller, Esq.
- Mr. Gustave A. Linenberger Ronald G. Zamarin, Esq.
Atomic Safety and Licensing Board l' artha E. Gibbs, Esq.
U. S. Nuclear Regulatory Commission Caryl A. Bartelman, Esq.
I?ashington, 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 Board Panel U. S. Nuclear Regulatory Connission Trank J. Kelley Washington, D. C.
20555 Attorney General of the State of Michigan
- Stewart H. Trceman
- Atomic Safety & Licensing A,opeal Panel Assistant Attorney General U. S. Nuclear Regulatory Commission Gregory T. Taylor Washington, D. C.
20555 Assistant Attorney General Environn. ental Protection Division
- Docketing and Service Section 720 Law Building Office of the Secretary lansing,liichigan 48913 U. S. Nuclear Regulatory Comission Washington, D. C.
20555
f ron M. Cherry, Esq.
I 1B?. Plaza Grant J. l'erritt, Esq.
Chicago, Illinois 60611 Thompson, Niels,0, Klaverkamp 5 James 80 South Eighth Street Mir.r.eapolis, Minnesota 55402 h- <
O O Judd L. P, acon, Esq.
Ms. Carol' Gilbert Consun ers Power Co:1.pany 903 N. 7th Street 212 West Michigan Avenue Saginaw. Michigan 48601 Ja ci. son,,Mi ch igan' 49201
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Mr. William A. Thibodeau Ms. Barbara Stamiris 3245 Weigl Road 5795 N. River Saginaw, 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 Vendell H. Marshall, Vice President Midwest Environmental Protection Associates 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. 3heridan Bay City, Michigan 48706 George C. Wilson, Sr.
4618 Clunie Saginaw, Michigan 48603 l
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~ William D. Pat 6n
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Counsel for NRC Staff
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