ML19331A891

Petition to Intervene,Or to Join Prior Interventions,Or in Alternative,Notice of Participation Under 10CFR2.715(c)

ML19331A891
Person / Time
Site:	Midland
Issue date:	09/13/1971
From:	Collister E, Miller V, William Ward KANSAS, STATE OF
To:
Shared Package
ML19331A893	List: ML19331A891 ML19331A899
References
NUDOCS 8007230943
Download: ML19331A891 (8)

Text

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BEFORE THE j7-/[- f'/[

UNITED STATES OF MiERICA ATOMIC FNERGY CO IMISSION THIS DOCUMENT CONTAINS P00R QUAUTY PAGES

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In the Matter of )

CONSU 1ERS POWER COMPANY ) Docket Nos. 50-329 Midland Plant Units 1 and 2 ) and __

) (50-330j PETITION TO INTERVENE, OR IN THE ALTERi?ATIVE TO JOIN PRIOR INTERVENTIONS, OR IN THE ALTERNATIVE NOTICE OF PARTICIPATION UNDER 10 C.F.R. S 2.715(c)

VERN MILLER-Attorney General of Kansas 9tl.lf/ EDWARD G. COLLISTER, JR.

g.s Assistant Attorney General 004 i;gg D *) WILLIAM H. WARD

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) U1 In the Matter of )

CONSUMERS POWER COMPANY ) Docket Nos. 50-329 Midland Plant Units 1 and 2 ) and

) 50-330 PETITION FOR LEAVE TO JOIN THE INTERVENTION IN THE ABOVE-CAPTIONED CASES The State of Kansas, ex rel. , Vern Miller, Attorney General, (hereinafter Attorney General) hereby petitions the Atomic Energy Commission (hereinaf ter AEC) for leave to intervene proceeding's in the above-referenced cases. ',

In the alternative, the Attorney beneral requests leave to join in the intervention of intervenors Siginaw Valley Nuclear Study Group, Citizens Committee for the Environmental Protection of Michigan, i SierraClub,UnitedAutoWorkersobAmerica,TroutUnlimited, West Michigan Environmental Action Council, Inc., and University of Michigan Environmental Law Society',

Shoula the petition for leave to intervene or join in tne 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 proccedings as more fully ret forth below,

S 3 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 Sta te is interested. Governor Robert Docking has" on numerous occasions expressed his ' concern that the location of the proposed Lyons Nuclear Waste Repository in Kansas, without a complete environmencal impact, analysis as required by the National Environmental Protection Act (NEPA) would be prejudicial to the interests of all s i Kansans. He has expressed his con #cern 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 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 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) (cmphacia supplied)

Because it is contemplated by the AEC that the Lyons, Kansas, facility wi'i be the nuclear waste repository for the foreseeable future, wastes . inevitably created by the operation of the Consumers 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.

III.

The Attornoy General contends that the interests of the State of Kansas will be adversely affected if the requirements of NEPA are not fully complied with before an Sperating license is g13nted. The interests of the State of Kansas will be adversely affected if the provisions of the Clean Air Amendments of 1970, ,42 U.S.C. 1857 et seq., as amended, (1970), S 309, are not fully complb?d with before any license is granted.

All these requirements have not presently I

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m 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 noc new to the proceeding, having been raised in the pleadings 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 intervenc in order to prcP.ect inherests or the citizens of the State Cf 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 untiA suen time as the AEC can demonstrate that tne high level wastes will be dispo' sed of in a manner assuring the complete protection of the public health and safety.

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

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 demonstrated 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 Appecls of the District of Columbun's decision, Calvert Cliffs' Coodinatina committee, Inc, vs. AEC n 40 LN 2067. It is our understanding that the Commission has already proposed new regulations concerning the environmental impact of proposed licensing in light of the Ca brert Cliffa decision.

The Attorney General has not yet been supplied with a copy of such proposed regulations and therefore cannot indicate in detail in this pleading whoc 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 I

must be completed if leave to intervene is granted.

The Attorney General recognizes that this petition to intervene is not filed within the time limits set out in 10 C.F.R. S 2. 714 (a) t

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. o 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 Attorney 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 denicd, the Attorney General requests in the alternative permission to join in the intervention set forth previously.

o V.

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 under 10 C.F.R. 5 2.715 (c) r

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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 MITLER Attorney General of Kansas By CL,wSA. (; Alt.Lk<

EDWARD G. COLLIST!'R, JR,.*

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Assistant Attorney General By WILLIA!! II. WARD j Assistant Attorney General i

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