ML19339C256

Response to State of Il Petition to Intervene.Urges Denial If No Other Interventions Are Permitted.Effect of Const & Operation on Electrical Power Rate Charges Not Sufficient for Standing.Certificate of Svc Encl

ML19339C256
Person / Time
Site:	Clinton
Issue date:	11/10/1980
From:	Fazio P, Zabel S ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE
To:
References
NUDOCS 8011170913
Download: ML19339C256 (6)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY )

SOYLAND POWER COOPERATIVE )

INC. and WESTERN ILLINOIS ) Docket Nos. 50-461 POWER COOPERATIVE, INC. ) 50-462

)

Operating Licenses for )

Clinton Power Station, )

Units 1 and 2 )

ANSWER TO PETITION FOR LEAVE TO INTLRVENE OF PEOPLE OF THE STATE OF ILLINOIS Illinois Power Company ("IP"), by its attorney, Peter V. Fazio, Jr., in answer to the Petition for Leave to Intervene (the " Petition") signed by the Attorney General of the State of Illinois, on behalf of the People of the State of Illinois

(" Illinois"), says:

1. As a general proposition, IP does not oppose the intervention and participation of_ parties and non-parties who have a legitimate interest in, and who will make a valuable con-tribution to, these proceedings. However, because Illinois appears unable to make the requisite showing necessary to support intervention pursuant to 10 C.F.R. S2.715(c), and because a number of issues upon which Illinois seeks to intervene are im-proper subjects for the present proceedings, IP requests that the Petition be denied. Any other result would needlessly and unjustifiably obstruct and delay the present proceedings.

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2. 10 C.F.R. S2.715(c), the section upon which Illinois relies in' seeking to intervene herein, requires that the Atomic Safety and Licensing Board (the " Board") have allowed at least one

-l other party to intervene before a state intervenor will be allowed to participate. Thus, Illinois may not participate as a non-party if the petitions of other individuals or organizations seeking to participate as parties herein are withdrawn or dismissed. See Consumers Power Company (Midland Plant, Units 1 and 2) LBP-78-27, 8 NRC 275, 279 (1978). IP believes that the two other intervention petitions which have been filed herein should not be granted and it has filed answers seeking their dismissal. If these petitions are dismissed, and until such time as a valid petition is granted, the Petition of Illinois must be denied.

3. If the in+ arvention of another interested party is allowed and, as a result, the Illinois Petition is not denied, the participation of Illinois in the present proceedings should be limited pursuant to 10 C.F.R. 52.715(a) to those matters which are the proper subject matter of operating license proceedings under 10 C.F.R. S50.57. Specifically, the following subjects upon which Illinois seeks to intervene are not proper subjects for consideration in the present proceedings

(a) Intervention should be denied to the extent that i

Illinois wishes to repeat the exhaustive investigation I undertaken at the construction permi t stage with respect to the design of the l?inton units. Absent changed conditions, the question of the sufficiency of the initial design is (i) not a proper subject for con-sideration at the operating license stage, and (ii)

't precluded by the principles of res judicata, which have been adopted by the Commission, since the ade-quacy of the project design was fully examined and approved by the Board. See In the Matter of Alabama Power Cqmpany (Joseph M. Farley Nuclear Plant, Units 1 arid 2) , RAI-74-3, at p. 203-204 (1974).

(b) Intervention should be denied to the extent

! that Illinois seeks to raise concerns'about the need for the power to be supplied by the Clinton units.

This issue is identical to one of the contentions disposed of at the construction permit stage when the Board expressly found that the Clinton units were needed.

Illinois Power Company (Clinton Power Station, Units 1 and 2), LBP-75-59, 2 NRC 579, 590-94 (1975).

(c) Intervention should be denied to the extent Illinois wishes to raise concerns about the effect of the Clinton Station's construction and operation on the rates charges by IP for electrical power.

The Commission and its licensing and appeal boards have often stated that the economic interest of a ratepayer is not sufficient to allow standing to intervel.a as a

t matter of right in licensing procedures, since concern about rates is not within the scope of interest sought to be protected by the Atomic Energy Act. Portland General Electric Company, (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 614 (1976)

Kansas Gas & Electric-Company (Wolf Creek Generating ,

Station, Unit 1), ALAB-424, 6 NRC 122, 128 (1977);

Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2), ALAB 413, 5 NRC 1418, 1420-21 (1977); Detroit Edison Company (Greenwood Energy Center, Units 2 and 3), ALAB-376, 5 NRC 426, 428 (1977);

Washington Public Power Supply System (WPPSS Nuclear Project No. 2), LBP-79-7, 9 NRC 330, 331-32, n.2 (1979);

Public Service Company of Oklahoma (Black Fox Nuclear Power Sta? ion, Units 1 and 2), LBP-77-17, 5 NRC 657 (1977). Nor is the economic interest of a ratepayer within the zona of interests protected by the.

National Environ 1. ental Policy Act. Portland General Electric Company (Pebble Springs Nuclear' Plant, Units 1 and 2), ALAB-333, 3 NRC 804 (1976).

WHEREFORE, IP respectfully requests that if no other party is allowed to intervene herein the Commission deny the Petition. If intervention'by any other party is allowed, IP l l

respectfully requestr that the Commission limit Illinois' inter- l vention to matters which are proper subjects for consideration I

in the present proceedings.

Dated: November 10, 1980.

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m. _NN Ak Peter V. Fazio,'Jr.- u s

One of the Attorneys for Illinois Power Company Sheldon A. Zabel William G. Southard Charles D. Fox,IV Schiff Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312)876-1000 CERTIFICATE OF SERVICE I hereby certify that an original and twenty conformed copies of the foregoing document was served upon the following:

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D. C. 20555 Attention: Docketing and Service Branch and that One copy of the foregoing document was served upon each of the following:

Executive Legal Director United States Nuclear Regulatory Commission Washington, D. C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Prairie Alliance P. O. 'cnc 24 24 Statica A Champaign, Illinois 61820 Jeff Urish Bloomington-Normal Prairie Alliance 703 Wilkins Normal, Illinois 61761 in each case by deposit in the United States mail at 233 South Wacker Drive, Chicago, Illinois, 60606, postage prepaid on 1

November 10, 1980. i f ,'( -b Peter V. Fazio, Jr. _

Attorney for Illinois Power Company Schiff Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 i (312) 876-1000

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• UNITED STATES OF AMERICA

,b3 ,d 3g$rb NUCLEAR REGULATORY COMMISSION g- 6 -

e OK$00 37 IN THE MATTER OF ) r*o*%

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ILLINOIS POWER COMPANY ) 4 g SOYLAND POWER COOPERATIVE, INC. )

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and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. )

) Docket Nos, 50-461 Operating Licenses for Clinton ) 50-462 Power Station, Units 1 and 2 ) ,

NOTICE i ,

e n To: Executive Legal Director "kl' 3' United States Nuclear Regulatory Commission gk, g Washington, D. C. 20555 zM" 0: is E

y c3 7$ y Philip L. Willman Assistant Attorney General m #

Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 r

Prairie Alliance P. O. Box 2424 Station A Champaign, Illinois 61820 Jeff Urish Bloomington-Normal Prairie Alliance 703 Wilkins Normal, Illinois 61761 PLEASE TAKE NOTICE that I have filed with the Secretary of the United States Nuclear Regulatory Commission: 1) an Answer to the Petition to Intervene of the People of the State of Illinois; 2) an Answer to the Petition for Leave to Intervene and Request for Hearing of the Prairie Alliance, Its Members and certain Individuals;-and 3) an Answer to the Request of the Bloomington-Normal Chapter of the Prairie Alliance. A copy of each of these documents is attached hereto and hereby served upon you.

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i ; U 'y' n l n s Peter V. Fazio,~Jr,, ,

Attorney for Illinois Power Company

!- Schiff Hardin & Waite D 7200 South Wacker Drive

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( hQQ h7< Chicago, Illinois 60606 (312) 876-1000 DATED: November 10, 1980

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