ML19332E063
| ML19332E063 | |
| Person / Time | |
|---|---|
| Site: | 07000025 |
| Issue date: | 11/29/1989 |
| From: | Bloch P Atomic Safety and Licensing Board Panel |
| To: | National Resources Defense Council, PHYSICIANS FOR SOCIAL RESPONSIBILITY |
| References | |
| CON-#489-9536 89-594-01-ML, 89-594-1-ML, ML, NUDOCS 8912060186 | |
| Download: ML19332E063 (6) | |
Text
p
~
^
e.
qg3b
!/h t ai m-y s..
+
t Novegbeg2pygg8,g4 i
t.
tw UNITED STATES OF AMERICA PU NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judge l
Peter B. Bloch i
L In the Matter of Docket No. 70 M4b/
s ROCKWELL INTERNATIONAL Request to Renew CORPORATION To October 1990 Rocketdyne Division 1
(Special Material License ASLBP No. 89-594~01-ML Number SNM-21)
MEMORANDUM AND ORDER (Admitting NkDC As a Party; Summarizing Status of Parties)
The " Petition of the Natural Resources Defense Council, Inc. and the Los Angeles chapter of the Physicians for
~
Social Responsibility to Intervene As a Party," September 29, 19891'(" Petition"), is granted and those two organizations shall be admitted as a single party.
The standing of these parties is a bit irregular, as it depends solely on alleged health and other effects on two individuals who are members of NRDC and who live 2.7 miles
'The petition was supplemented at the request of the Presiding Officer in " Response to Information Request from Presiding Officer,"
October 6, 1989 (" Supplement").
Ini-tially, these documents were not officially served on the Office of the Secretary of the NRC, but we have permitted that defect to be cured retroactively so that they may be considered timely served.
r' 3912060184 091129 PDR ADOCK 07 % 5 0,,, 7
f I
- i and 2 miles from the site.2 However, no objection has been made to having the Physicians for Social Responsibility being part of this single consolidated party and -- there being no apparent harm from this linking of an admissable party to another organization in a single appearance -- both organizations shall be admitted as a single party (NRDC/-
LAPSR).
(If, however, a deadlock should occur between the two participating organizations, the interests of the NRDC -
- whose members are the sole basis for standing -- shall prevail; if NRDC wishes, it may at any time petition for severance of Physicians for Social Responsibility.)
i
\\
The concerns mentioned by NRDC/LAPSR in their filings include: (1) the record and the ability of the I
applicant to comply with radiation standards intended to protect NRDC/LAPSR members and others, (2) the effect of increased population density around the Santa Susana Facility, (3) the cur.ulative impacts of radioactive and hazardous chemical waste disposal sites inside and out of the NRC licensed area, (4) failure to consider the radioactive releases that might occur if a fire and a criticality incident were to occur simultaneously with a failure of the integrity of HEPA filters, (5) worker health i.
and safety, (6) reliability and completeness of information from the applicant, and (7) transportation risks.
2 l
Supplement at 6; Petition at 3.
c l
With respect to these last three numbered concerns, I note that NRDC/LAPSR did not specify now their " concern" was related to-specific events in this case.
Given that their petition was not opposed, I have not had any argument presented to me concerning whether this undocumented n
statement of a " concern" is adequate to meet the
[
requirements of Subpart L.
My own reading of Subpart L leads me to a lenient interpretation of the " concern" requirement, which is intended to be a lesser requiretnent than the contention i
i requirement which this agency has imposed in more formal proceedings.
Consequently, I will admit these " concerns."
t The effect of admitting them is that NRDC may provide the
(
evidentiary support for their concerns in their direct case, due January 3, 1990.
I note that the following parties have already been admitted in this case:
(1) Jerome Raskin, (2) Dr. Estelle 3
Lit', (3) John c. Scott, and (4) Donald Wallace'.
Sybil S.
s 3Tr. 240; 1RR_A11g Tr. 156 (lives within 3 to 5 miles from the site), Tr. 162-187.
Note that no list of mistakes was filed as requested at Tr. 187.
It is not clear whether such a list should have been requested.
Hence, Mr. Raskin may include a list of documented mistakes in his direct case if he so chooses.
'Tr. 240; see also Tr. 137 (residence about five miles from site), Tr. 138-143.
STr. 240; see also Tr. 122-23 (residence within 2.6 miles of site), Tr. 122-136.
.. Zeppieri and Arlene Mathews have not pursued their applications by filing materials requested by the Presiding Officer and I therefore find that they are not parties to t
this case.7 No other timely requests for party status have been received.
Parties may include in their direct case concerns mentioned in the transcript or in their requests to becomo parties.
However, they must show how their concerns are relevant both to the regulations of the NRC and to tha application as it has been amended by the applicant.
'The required schedule of filings remains in effect --
subject to motions to delay or expedite the proceeding.
Re. ape f
y ORDERED,
.4 Peter B.
Bloch Presiding Officer Bethesda, Maryland
'See LBP 89-37;29 NRC November 28, 1989 at p.
4, footnote 4.
7A motion to reconsider this decision may be made within ten days of service of this order.
The order denying the status of a party also may be appealed in a timely fashion to the Appeal Board.
j i
' UNITED STATES OF AMERIGA i
NUCLEAR REGULATORY COMMISSION In the Matter of I
I ROCKWELL INTERNATIONAL CORPORATION 1
Docket No.(s) 70-25-ML I
i (Rocketdyne Division, Special I
[
Nuclear Materials License SNM-?!)
I I
l CERTIFICATE OF SERVICE I hereby certif y that copies of the f oregoing LB M60 (NRDC AS F ARTY...)t1/29 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10.CFR Sec. 2.712.
Administrative Judge Administrative Judge Christine N. Kohl, Chairman B. Paul Bollwerk, I!!
Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative Judge Howard A. Wilber Peter B. Bloch Atomic Safety and Licensing Appeal Presiding Officer Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Gustave A. Linenberger, Jr.
Special Assistant Office of the General Counsel Atomic Safety and Licensing Board U.S. Nuclear. Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington DC 20555 R. T.
Lancet Director Rockwell International Corporation Jon Scott Rocketdyne Division 6 Roundup Road 6633 Canoga Avenue Bell Canyon, CA 91307 Canoga Park, CA 91304 Estelle lit Jerome E. Raskins, et. al.
18233 Bermuda Street c/o 18350 Los Alimos Northridge, CA 91326 Northridge, CA 91326 l'
i 1
~. -
. 'Q,
, Docket No.(sl70-25-ML LB MkD: (NRDC AS FARTY.. 111/29 l
l i
-Donald W. Wallace Mary Nichols, Esquire 1710 Nor th told Canyon Road 1350 New York Avenue, NW Calabasas, CA 91302 Washington, DC 20005 l
I i
Cecelia Riddle i
Senior Librarian l
Chatsworth Branch Library 21052.Devanshire Street Chatsworth, CA 91311 Dated at Rockville, Md. this t
i 30 day of November 1999
'h Office i the Secretary of the Consission
.i i
b k
9 L
I
_. ~
-