ML19330A390
| ML19330A390 | |
| 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 8007170232 | |
| Download: ML19330A390 (6) | |
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UNITED STATES OF AMERICA 7/14/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CONSUMERS POWER C0iPANY
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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 PETITION FOR LEAVE TO INTERVENE FILED BY WENDELL H. MARSHALL f
INTRODUCTION On December 6,197.9, the Nuclear Regulatory Commission (Comission) 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 w,ald becoms.
effective on the expiration of the 20-day period or, in the event a hearir.g was requested,_ on the k+e 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 considered at the hearing are:
(1) whether the facts set fort'1 in Part II of tne Order (facts gene. rally related THIS DOCUMENT CONTAINS l
POOR QUAUTY PAGES 8007170 M G
2-to deficiencies in snil 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. Reg. 35949-51) which provided opportunity to petition for leave to intervene by June 27, 1930.
On May 30, 1980, Mr. A. Schwencer, Acting Chief, Licensing Branch No. 3, Division of Licensing, U. S. Nuclear Regulatory Commission, sent to Mr.
S. d. Howell, Vice President, Consumers Power Company, a copy of an advertisement announcing that a hearing would be held concerning the Order Modifying Construction Permits dated December 6, 1979, and providing opportu-nity for intervention. Mr. Schwencer's letter stated that the ad would be published in the Midland News,'5acanaw News, and Flint Journal. A copy of Mr. Schwencer's letter to Mr. Howell was sent to Mr. Wendell Marshall, Route 10, Midland, Michigan 48640.
The Staff attaches to this answer a copy of a letter dated June 23, 1980 from Mr. Marshall to Mr. Schwencer.
It appears that Mr. Marshall's intent is to petition for leave to intervene in the instant proceeding.
For the reasons set out below, the NRC Staff (Staff) believes petitioner has satis-i fied the requirements of 10 C.F.R. 6 2.714 with respect to standing.
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1 DISCUSSION To establish standing in accordance with 10 C.F.R. 5 2.714(a)(2), the peti-i tioner inust-
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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, including the reasons why petitioner should bc 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.
In Petitioner's attached letter of June 23, 1980, he requests admittance as an Intervenor "as on previous occasions." The Staff assumes Mr. Marshall's reference is to the February 23, 1979 "Special Prehearing Conference Order" (Order) wherein h'e was admitted as an Intervenor in the operating license proceeding. That Order acknowledged that Mr. Marshall lives within one and one-half miles of the Midland Plant.
Standing to intervene may be based on residence in the vicinity of a nuclear plant.-1/
In the Order, the Board
-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 cir-cumferential line around this or any other facility site, we record our belief that, as a general proposition, 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 construction 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 cite as not being so great as to require the conclusions that resi-dents of Minneapolis and North field are geographically out-side the zone of interests protected by the Atomic Energy Act.
limited Mr. Marshall's participation to his Contention 2 "... as it relates 4
to settling of the Midland diesel generator building." (Order, p. 21.)
Mr. Marshall would satisfy the interest requirement through his residence one and one-half miles from the Midland Plant and the aspect requirement through his interest in the settling of the diesel generator building.
The Staff believes this Board can find that Petitioner has met the interest and aspect requirements of 10 C.F.R. E 2.714 by taking official notice-21 of the record in the operating license proceeding.
CONCLUSION For the reasons Etated 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 Yays 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, A
William D. Paton Counsel for NRC Staff Dated at Bethesda, Maryland this 14th day of July, 1980 2/ 10 C.F.R. 9 2.743(i).
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BLFORE THE A10iilC SAFETY ANE L!CEI: SING E0AED In the Matter of
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CONSUMERS POWER C0;tPANY
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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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CONSUMERS P0'.4ER COMPANY
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Docket Nos. 50-329-OL
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50-330-0L
,(Midland Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE FILED BY WENDELL H. MARSHALL" in the above-captioneci 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 Summerset Street U. S. fluclear Regulatory Commission Midland, Michigan 48640 1.'a shington, D. C.
20555
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Michael I. Miller, Esq.
- Mr. Gustave A. Linenberger Ronald G. Zamarin, Esq.
Atomic Safety and Licensing Board Martha E. Gibbs, Esq.
U. S. ?!uclear Regulatory Connission Caryl A. Bartelman, Esq.
liashington, 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 Conmission Trank J. Kelley Uz.shington, D. C.
20555 Attorney General of the State of Michigan -
Stewart H. Freeman
- Atomic Safety & Licensing Appeal Panel Assistant Attorney General U. 5. Nuclear Regulatory Coinission Gregory T. Taylor Washington, D. C.
20555 Assistant Attorney General Environr.. ental Protection Division
- Docketing and Service Section 720 law Building Of fice of the Secretary lansing, Michigan 48913 U. S. fluclear Regulatory Comission Wa shington, D. C.
20555 tyron M. Cherry, Esq.
1 IBM Plaza Grant J. Merritt, Esq.
Chicago, Illinois 60611 Thompson, Nielson, KlaverLamp 5 James 80 South Eighth Street Minneapolis, Minnesota 55402
Judd L. ?. acon, Esq.
Ms. Carol 'Gi.lbert Censu..ers Power Co;r.pany 903 N. 7th Street 212 West Michigan Avenue Saginaw, Michigan 48601 Jackson,, Michigan' 49201
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Mr. William A. Thibodeau Ms. Barbara Stamiris 3245 Weigl Road 5795 N. River Saginaw, Michigan 48603 Freeland, Michigan 98623 Mr. Terry R. Miller Mr. Steve Gedler 3329 Glendora Drive 2120 Carter Avenue Day City, Michigan 48706 St. Paul, Minnesota 55108 Vendell H. Marshall, Vice President Midwest Environmental Protection Associates y
RfD 10 Midland, Michigan 48640 Mr. fiichael A. Race 2015 Seventh Street Bay City, Michigan 48706 fis. 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
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Willi'am D. Pa' ton Counsel for NRC Staff 9
_!1 F:ute 10 Midland, MI 4EC40 June 23, 1980 g,
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-LD Mr.
A. Schwencer, Acting'Ch'ief Licensing Branch #3 Division of Licensing United States Nuclear Regulatory Commission Washington, DC 20555
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Dear Mr. Schwencer:
With reference to your letter dated the 30th of May, - '80 sub" ject regarding hearing on order for modification of tsnstruction permits, Midland plant, Unit 1 and 2, the undersigned has pre-viously been granted leave to intervene based on submitted con-tentions.
To the present there has been no change in my interest in the matter at hand, and the results of the contemplated proceedings would have an,effect on myself and the Mapleton Interveners as a group.
1, therefore, request admittance as an Intervener as on previous occasions.
Respectfully submitted,
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M hendell H. Marshall President, Mapleton Interveners cc:
Atomic Safety & Licensing Board D.
S. Hood, Project Manager Stephen H.
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