ML19330A890

Comments in Opposition to Dakota Commissions' 800711 Untimely Motion to Intervene.Petitioners Failed to Assert Interest.Nrc Has No Jurisdiction.Cp Should Be Revoked.W/ Certification of Svc

ML19330A890
Person / Time
Site:	05000484
Issue date:	07/23/1980
From:	Galazen T NORTHERN THUNDER
To:
References
NUDOCS 8007290703
Download: ML19330A890 (2)

Text

.

1

. (*~

NORTHERN THUNDER-NORTH A

P.O. Box 334, Turtle I.ake, WI 54889 UNITED STATES OF AMERICA BEFORE THE FUCLEAR REGULATORY COMMISSION 1

NORTHERN STATES POWER COMPANY, et al. ) Docket No. STN 50-484 '1 (Tyrone Energy Park, Unit 1) )

NORTHERN Th'UNDER COMMENTS IN OFFOSITION TO MOTION BY DAKOTA COMMISSIONS Northern Thunder hereby asserts its opposition to the motion of the Dakota Commissions, dated July 11', 1980, to intervene out of time, file comments, request a hearing, and defer revoca-tion of the Tyrone construction permit.

During the long months (years) of exhaustive filings and weeks of indepth hearings the Dakota Commissions failed to arise to demonstrate any interest c ncerning the impact of Tyrone on the health, safety, environnental quality or economic well being of residents of their states.

~ ~~

Now, after laying in the weeds during 8 years of proceedings and debate, the same Dakota Commissions would have the NRC and the parties defy and deny the culmination of their efforts and replay history. Based upon that absence and the following jthe motion should be rejected.

The Dakota Connissions seek status as independant parties but fail to assert their interest before this Commission as a unit and fail miserably to establish their interest as separate and independant parties.

Most of the motion filed by the Dakota Commission concists of complaints concerning the assignment of losses fron the Tyrone unit-to utility customers. However, the NRC has no jurisdiction b(

in resolving that controversy. /

//C)

Prmted on 100% recycledpapes

The Dakota Commission motion defys the stated intention of NSP to abandon the Tyrone nuclear unit and seek construction of a coal facility.

Neither the NRC nor the Dakota Commissions can now compel the utility to again pursue the Tyrone scheme.

The Dakota Commissions assert that regulatory circumstances .

in Wisconsin have changed and imply the WI Fublic Service Commission might now accept the Tyrone application. The Motion offers no evidence in this regard and, indeed, none exists. Moreover, the motion fatally disregards the overwelming public opposition to the Tyrone nuclear plant.

Even if NSP were to once again seek construction of the Tyrone unit, regulations and other circumstances (attributable in part to I

T!G) will have changed so dramatically that a wholly new application before the NRC would be warranted.

The Dakota Commissions offer as the lame excus' for non partici-pation in the Tyrone proceedings that "the purported licensee has )

been NSP-WI. " In reality, sponsorship by NSP-WI arose only late I

in the NRC regulatory process, after nearly all essential filings and hearings had occurred.

I In conclusion, the Dakota Commission filing is self-cerving, .

whimsical, ill-conceived, unreasonable, poorly founded, and a weste of time and resources of the NRC and the parties. It should be dispensed with hastely and the Tyrone Construction Permit revoked.

Due to mid-year budgetary constraints, Northern Thunder has had to depart from standard format with this document by omitting copies of the 2-page service: list.

However, I do hereby certify that copies of this filing have been sent to the service list attached to the Dakota Commission Motion and to the individuals listed on its page 1.

Respectfull submitted for Northern Thunder this 23rd day of July, 1980, y

Thomas Galazen -

i-