ML19331A825

Petition to Intervene,Or to Join Prior Interventions or to Participate as Interested State in Proceeding.States Adverse Effect of Noncompliance W/Nepa & 1970 Clean Air Amends.Urges Application of Calvert Cliffs Decision.Affidavit Encl

ML19331A825
Person / Time
Site:	Midland
Issue date:	09/13/1971
From:	Collister E, Miller V, William Ward KANSAS, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007230856
Download: ML19331A825 (10)

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.'j, :. ' /f'4 Cvi j ,tg BEFORE THE UNITED STATES OF AMERICA ATOMIC ENERGY COI1 MISSION 4

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In the Matter of ) -r CONSUMERS POWER COMPANY ) DocketNos.(50-3h Midland Plant Units 1 and 2 ) and

) 50-330 PETITIOli TO INTERVENE, OR IN THE ALTERimTIVE TO JOIN PRIOR INTERVENTIONS, OR IN TIIE ALTERNATIVE NOTICE OF PARTICIPATION UNDER 10 C.F.R. S 2.715(c)

VERN MILLER '

Attorney General of Kansas Oi 581 EDWARD G. COLLISTER, JR.

g.b Assistant Attorney General 034 5;gg DJ ) WILLIAM H. WARD

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CONSUMERS POWER COMPANY ) Docket Nos. 50-329 Midland Plant Units 1 and 2 ) and l ) 50-330 PETITION FOR LEAVE TO JOIN THE INTERVENTION IN THE ABOVE-CAPTIONED CASES The State of Kansas, ex rol., Vern Miller, Attorney General, (hereinafter Attorney General) hereby petitions the Atomic Energy Commission (hereinafter AEC) for leave to intervene proceedings in the above-referenced cases. ',

In the alternative, the Attorney [3eneral requests leave to join in the intervention of intervenors Stginaw Valley Nuclear Study Group, I

Citizens Committee for the Environmental Protection of Michigan, Sierra Club, UnitedAutoWorkersobAmerica,TroutUnlimited, West

!!ichigan Environmental Action Council, Inc., and University of Michigan Environmental Law Society'.

Shoula the petition for leave to intervene or join in tue intervention set out previously be denied, the Attorney Geacral, in the alternative, as a duly elected representative of the State or Kansas, which state has an interest in the above proceedings i

as more fully set forth below,

hereby renders notice of his intent to participate in the forthcoming hearing or hearings in accordance with AEC rules set forth in 10 C.F.R. S 2.715 (c) .

I. .

The State of Kansas is clearly interested in protecting the lives, well being and health of its citizens. The Attorney General's common law authority supports his uncertaking any legal action appropriate to guarantee the well-being of the. people of Kansas.

, Additionally, K. S . A . 1970 Supp.75-702 charges the Attorney General, when required by the Governor, to appear for the State in any court in any matter in which the State is interested. Governor Robert Docking has on numerous occasions expressed his' concern that the location of the proposed Lyons Nuclear Waste Repository in Kanses, without a complete environmental impact analysis as required by the National Environmental Protection Act (NEPA) would be prejudicial to the interests of all i

Kansans. He has expressed his concern directly to the Attorney General asking appropriate legal assistance in wnatever degree necessary to protect the interests of the citizens of the State of Kansas. As will be explained below, the Attorney General's intervention in the instant I

matter is appropriate for the protection of Kansas citizens from the potential dangers of the proposed waste repository project.

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. II.

The fina1 Environmental Impact Statement of the AEC for the Lyons i

waste repository, prepared purportedly to satisfy the requirements of NEPA states: "

it is anticipated that this facility will ultimately be designated as the federal waste repository, . . . .

(page 2) (cmphasis supplied) '

Because it is contemplated by the AEC that the Lyons, Kansas, facility will be the nuclear waste repository for the foreseeable future, wastes , inevitably created by the operation of the Consume ~rs Power Company Midland plants may be unavoidably committed to transportation and' disposal in Kansas, involving a potential threat to the lives, health, and well being of Kansans.

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III.

The Attorney General contends that the interests of the State of

. 1 Kansas will be adversely affected .Lf the requirements of NERA are '

not fully complied with before an 3perating license is granted. The interests of the State of Kansas will be adversely affected if the l

provisions of the Clean Air Amendments of 1970, ,42 U.S.C. 1857 et seq., as amended, (1970), S 309, are not fully complied with before any license is granted.

All these requirements have not presently 3-i

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been mot, and the Attorney General wishes to intervene in order to be able to raise tne issues and/or present evidence upon these issues should there be a failure to comply. The issues are not new to the proceeding, having been raised in the plcadingc filed on behalf of the intervenors named previously. However, the interest of said intervenorn is not necessatily the same as the interests of the Attorney General in representing the citizens or the State of Kansas. The Attorney General must request leave to intervene in order 4

to protect interests or the citizens of the Stace of Kansas in the requirements of the acts indicated previously are not met.

The Attorney General contends that the disposal of high level radio-active wastes is an integral part of the consideration of the health and safety aspects of licensing these nuclear generating plants.

The Attorney General further contends that no operating license may lawfully be granced to the Consumers plant until such time as the AEC can demonstrate that the high level'wEstes will be disposed of in a manner assuring the complete protection of the public health I and safety. -

The Attorney General contends that no operating license may be granted for the Consumers plant until such timo as the AEC can

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demonstrate that the high level radioactive wastes will be trans-ported from the Michigan plant, and reprocessed, in a manner assuring the complete protection of the public health and safety.

The Attorney General further contends that no license should be granted until such time that is dbmonstrated that the proposed plants are the most desirable means of producing the necessary power.

The Environmental Statement should be reviewed for its adequacy in light of the recent United States court of Appeals of the District of Columbus's decision, Calvert Cliffs' Coodinating Committee. Inc.

vs. AEC2 40 LW 2067. It is our understanding that the Commission has already proposed new regulations concerning the environmehtal impact of proposed licensing in light of the Calvert Cliffs decision.

The Attorney General has not yet been supplied with a copy of such proposed regulations and ther,efore cannot indicate in detail in this pleading what requirements remain to be completed in these cases. The Attorney General will after a reasonable time after re-ceipt of such regulations state the requirements which it is believed must be completed if leave to intervene is granted.

The Attorney General recognizes th5t this petition to intervene ,

is not filed within the time limits set out in 10 C.F.R. S 2. 714 [a)

O ,n However, in view of the circumstances set out in the affidavit of the Attorney General attached hereto, permission is respectfully requested to allow the State of Kansas to intervene at this date.

The intervention of the Attorney General will not serve to delay the proceedings in any respect.

IV.

The Attorncy General has requested permission, if the petition to intervene is denied, to join in pending intervention. Although the viewpoint of the Attorney General differs from that of the intervenors, all parties are concerned with thc same issues., If the petition to intervene is denied, the Attorney General requests in the alternative permission to join in the intervention set forth previously.

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Should the petition to intervene or request to join in pending intervention be declined, the Attorney General hereby serves notice of his intention to participate through hic. representative in any and all proceedings on the matter dnder 10 C.F.R. S 2.715 (c) o

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I hereby affirm that I have read and know the contents of this petition, and to the best of my knowledge, information, and belief the statements made in it are true, and it is not interposed for delay. It is subscribed with full authority to act as attorney and counsel for the petitioner.

VERN MILLER Attorney General of Kansas By bw A.[e h kf !r -

,c EDUARD G. COLLIST .., JR .

• Assistant Attorney Gener'ul By y& LI.il) L WILLIAM H. WARD Assistant Attorney Gene}ral i

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CONSUMCRS PCWER COMPANY ) Docket Nos. 50-329 Midland Plant Units 1 and 2 ) and

) 50-330

1. On March 18, 1971, Governor Docking requested that I take the appropriate legal steps l to protect the safety of the Kancas people and environment from any dangers associated with the propoced Lyons Nuclear Waste Repository.

2. In June of 1971, the final draft of the Environment'al Impact Statoment for the Lyons project appeared, stating that the Lyons Repository was to be the nation's only such disposal facility.

3. It was not until August of 1970 that the Congressional

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funding of the proposed Lyons project was sufficiently completed to assure that the plan of the Atomic Energy Commission would in all probability be carried out.

4. It was not until the middle of August that I became aware oftheexistenceofthelicensingapplic4tionconcerningthe Midland plants.

5. It was not until late summer of 1971, therefore, that it became imperative that I seek to require that before more wastes were gonorated by nuclear power plants, the environmen@al_AssesR

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on Kansas of the generation, transportation and disposal of those wastes be fully explored, and the safety impact of the generation, transportation and disposal of wastes be guaranteed.

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,k( ( .g VERN MILLER' Attorney General of the State of Kansas STATE OF KANSAS )

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COUNTY OF SHAWNEE )

VERN MILLER, being of lawful age, first duly sworn upon oath, states: .

That he has read the above and foregoing affidavit,.and that the facts and allegations contained thercin are true to the best of his knowledge and belief. '

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