ML19340E379
| ML19340E379 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 01/12/1981 |
| From: | Lessy R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8101140226 | |
| Download: ML19340E379 (9) | |
Text
01/12/81 UNITED STATES OF AttERICA it f;UCLEAR REGULATORY C0!t11SSION d
?l s
ll
- l BEFORE THE Ain"IC SAFETY A*;D LICENS!';G BOA:'.D Ci id 0.3
,,=
g.2
.:;g In the fMier of
)
]
g
)
cc U*i10N ELECTRIC C0".FA*;Y
)
Docket f;cs.lT4 50-23 c--
- 3.;;c (Callac.v Pla.t, Units 1 and 2)
)
RESPONSE OF THE NRC STAFF TO PETITION TO INTERVENE FILED BY 111SSOURI-KANSAS SECTION: A!iERICAN NUCLEAR SOCIETY A'iD TO REQUESTS FOR PARTICIPATION OF LOCAL GOVERN"ENT REPRESENTATIVES FILED BY MESSF.5. SA' C L BIF.".,
EARL C.0'.;N, ::AROLD LOTTit*c.. FRE LL'EKEY I.
BACKGROUND On November 14, 1980, the Nuclear Regulatory Commission published in the Federal Recister (45 Fed. Reg. 77208) a " Clarification of Notice Of Receipt Of Application For Facility Operating Licenses: Consideration Of Issuance Of Facility Operating License and Notice Of Opportunity For Hearing." That notice provided, inter alia, that any person whose interest may be affected by Union Electric Company's ("UE") application for an operating license for Callaway Plant, Unit 1 could submit a petition for leave to intervene in l
accordance with 10 C.F.R. Part 2 of the Commission's Rules of Practice by December 22,1980.S By petition dated De ember 19, 1980, the Missouri-Kansas Section: American Nuclear Society (hereinafter "ANS") filed a l
__1_/ The Notice also provided that persons who previously filed a petition l
for leave to intervene or request for a hearina in response to the l
Auaust 26, 1980 Federal Reaister notice (45 Fed. Re9 56956) need not I
refile. As explained in the November 14 Notice, a clarifying notice l
was required to reflect UE's present intention to apply at this time for an operating license for Callaway Plant Unit 1 only, in accordance i
l with UE's letter to the NRC of October 1,1980.
1 I
8301140**4 L
G
2-tirely petition to intervene.
For the reasons set forth below, the 'Ti Staff believes that the petition should be denied without prejudice to its tirely renewal and resubnission in light of the exoress intervention re-quirenents established in 10 C.F.R. 52.714 The Conmission also received substantially identical " Requests For Participation Of Local Government Representative At Hearing" filed by Messrs. Samuel Birk, Earl Brown, Harold Lottnan and Fred Luekey.
For the reason set forth in Section IIB of this pleading, the Staff supports the separate petitions of Messrs. Brown, Lottnan and Luekey, but recommends that the petition of Mr. Birk be held in abeyance pending the submittal of sucolemental information by Mr. Birk.
II. DISCUSSION A.
Intervention Petition of ANS The ANS petition consists of two parts: a one-oage letter and a resume.
The petition is unsigned. The letter part of the petition states that ANS
... is hereby petitioning... to intervene in the proceedings with respect to issuance of the operating license for Union Electric's Callaway Unit 1."
The petition next proceeds to describe the American Nuclear Society as both These a national and local orcanization, and the concerns of its members.
concerns include the nation's "almost total dependence on fossil fuels," and "the time and resources necessary to put' proven technologies such as nuclear and coal on-line."JE/ The letter portion of the petition concludes:
jl/ Petition, p.1.
3*" O
- D 3h n
Ib "3-
" As a result these indi$idis are cen: err.
tr.:t tre operatina license for Calla..(. Unit 1 be c ven fair hearinc with respect to both its risks and its benefits.
(Petition, p.1).
Tn: seconc Dart of the Detitio'. consists of a asu e c f W,. t iar h. !'ille,
Ph.D., Associate Professor of fiuclear Engineerina, University of fissouri, Columbus, Missouri.
The adequacy of the petition nust be evaluated in licht of the require-ments for intervention established in 10 C.F.R. 52.7. ~ of Los Co..c.ssior.'s Rules of Practice. Thus, an adequate petition should set forth with particularity:
(1) the interest of the petitioner in the proceeding, (2) how that interest may be affected by the proceeding, including the reasons why petitioner should be permitted to intervene, and (3) the specific aspect or aspects of the subject matter of the proceeding as to which petitioner seeks to intervene.
The regulation further provides that the presiding licensing board in ruling upon petitions to intervene shall consider:
(1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial, or other interests in the proceeding; and (3) the possible effect of any order which
.11 may be entered in the proceeding on the petitioner's interest.
When the petitioner is an organization, it must identify at least one member by 3_f 10 C.F.R. 52.714(d)(1)-(3).
l l
s
O 4
name and address who wishes to be represented by that organization in the
- 1 p ro cee di r,;.~
Under present regulations, cu.itentions of the petitioner need not be 1
in;iuded in the petition (tn0u;5 they ray te), but such contentions must be filed nc later than fifteen days prior to the first or special prehearing conference considering intervention,10 C.F.R.12.714(b).
In an operating license proceeding the presiding licensing board should satisfy itself that at least "one good coritenticr." has been filed, beceuse in the absence of such a contention, a hearing is not mandatory.
Cincinnati Gas & Electric Co.
(William H. Zircer Nuclear Power St* tion), ALAB-305, 3 NRC 8,12 (1976).
When the ANS petition is examined in light of these intervention require-ments, it is clear that the petition as filed does not satisfy the requirements of 10 C.F.R.12.714 for the petition does not discuss the particular interest
.5J of ANS in the Callaway operating license application other than to state that any hearing "be fair" with respect to "both its risks and benefits."
Moreover, there is no discussion of how petitioner's interests may be affected by the proceeding, or, with respect to which particular aspect or aspects of
,4/ See Virginia Electric & Power Co.
(North Anna Nuclear Power Station, Units 1 and 2). ALAB-536, 9 NRC 402, 404 (1979); Detroit Edison Co.
(Enrico Fermi Atomic Power Plant, Unit 2), LBP-79-1, 9 NRC 73, 77 (1979).
5j As the Appeal Board stated in Nuclear Engineering Company, Inc.
(Sheffield, Illinois Low-Level Radioactive Waste Disposal Site).
ALAB-473, 7 NRC 737, 743 (1978).
"...the test is whether a cognizable interest of the petitioner might be adversely affected if the proceeding has one outcome rather than another. And to repeat, no such interest is to be preseumed. There must be a concrete demonstration that harm to the petitioner (or those it represents) will or could flow from a result unfavorable to it - whatever that result might be.
See also Nuclear Engineering Company, Inc., supra., 7 NRC at 744.
w -..
the proceeding the petitioner seeks to intervene. A:cordingly, the Stah believes that the petition should be denied without prejudice to its timely rere.:1. :: deterrined t> the presiding liter:i ; t;. ;. ir li:ht cf thc re d re.c
_ fcr interse-tion c::.bliged in 1; ;.
L :. 71.".
i The Staff also reco-ends that an evaluation of the petitior under the die:nticr;.ry interventic-criteria es tablisMt ir - -il a n: Geneni Ele:
4c Company (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-7f-27, i NC (10 (1976)U await the refiling of the ANS petition, inasmuch as the petition, as filed, does not presently contain sufficient inferration to deterriine whether or not discretionary intervention shusid be 9: ente-.
B.
Recuests for Participation of Local Government Representatives On December 22, 1980, the last date for timely intervention under the pre-mentioned November 14, 1980 Federal Register notice, four nearly identical documents entitled " Requests For Participation of Local Govern-mental Representative At Hearing" were filed by the below listed individuals
~~-6/
In Pebble Springs, the Commission held that even if a petitioner for intervention could not satisfy the requirements of 10 C.F.R. 6 2.714, intervention could be permitted as a matter of discretion after the following, or similar, factors were evaluated ar.d cor.:idered:
(a) Weighing in favor of allowing intervention --
(1) The extent to which the petitioners partici-pation may reasonably be expected to assist in developing a sound record.
(2) The nature and extent of the petitioner's property, financial, or other interest in the proceeding.
(3)
The possible effect of any order which may be entered in the proceeding on the petitioner's interest.
(b) Weighing against allowing intervention --
(4) The availability of other means whereby petitioner's interest will be protected.
(5) The extent to which the petitioner's interest will be represented by existing parties.
(6) The extent to which petitioner's partici-pation will inappropriately broaden or delay the proceeding.
(4 NRC at 616).
See also Nuclear Engineering Company, Inc., supra, 7 NRC at 744.
5
]D"%]'h' D'99]D h
Ju 6 JuM. Ah.
pursuant to 10 C.F.R. 52.715(c) of the Commission's Rules of Practice:
tion Reveffntative Pe? #
Sa-
?. 'i.
sten; Earl Brown School District Superintenderc.
Kinodon City, t'issouri l'
Haroid Lottr.an Pre:idine cudae Da conade County,filss:_ri Fred Luekey Presidino Judoe 8)
Montgomery County, Missouri Howard Steffen Mayor Chamois, Missouri.
Each petitioner states his desire "... to particioate in all matters that pertain to public health and safety and possible matters which affect enviror.-
mental issues."
In the event that a hearing is held to consider the application for an operating license for the Callaway Plant, Unit 1, the tRC Staff would support the petitions filed by Messrs. Lottman, Luekey and Steffen as representatives of interested counties, municipalities, or acencies, thereof pursuant to 10 C.F.R. 82.715(c).
In order to evaluate Mr. Birk's petition, however, it
~
will first be necessary for him to state, as did the other petitioners, his position or the nature of his represer,tation. Accordingly, the Staff recom-mends that Mr. Birk's petition be held in abeyance pending receipt of that information.
The Staff is advised that the position of " presiding judge" as used in
_7_/
these petitions does not refer to a judicial officer, but to an elected county official who functions like a county " commissioner". There are three such judges or commissioners, the most senior or presiding commissioner is referred to as the " presiding judge".
8__/ id..
7 III. CO*CLl! sin
For the reasons discussed above, the Staff believes that the petition to intervene filed by the Missouri-Kansas Section, American Nuclear Society should be denied without prejudice to its timely renewal, as deternined by the presiding Licensing Board. The Staff recomends that petitioner be offered an opportunity to amend and refile the petition within twenty-one days after the Board has initially ruled upon the petition.
In addition, for the reasons set forth above, the Staff recomends that the petitions for participation of local government representatives as filed by Messrs.
Brown, Lottman and Luekey be granted in accordance with 10 C.F.R. 52.715(c).
Inasmuch as the petition of Mr. Samuel Birk does not indicate his position or the nature of his representation, the Staff reconrnends that his petition be held in abeyance pending receipt of that information.
Respectfully submitted, Roy P. Lessy Counsel for NRC Staff Dated at Bethesda, Maryland this 12th day of January,1981
e i
UNITED STATES OF AMERICA NUCLEAR P.EGULATORY COM'tISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the l'5 2 cf
)
)
UNION ELECTRIC C0'tPANY
)
Docket Nos. STN 50-483
)
STN 50-486
( C a l l at.:. Flar,t. Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " RESPONSE OF THE NRC STAFF TO PETITION TO INTERVENE FILED BY MISSOURI-KANSAS SECTION: AMERICAN NUCLEAR SOCIETY AND TO REQUESTS FOR PARTICIPATION OF LOCAL GOVERNMENT REPRESENTATIVES FILED BY MESSRS. SAMUEL BIRK, EARL BROWN, HAROLD LOTTMAN, FRED LUEKEY" in the above-captioned proceeding have been served on the follor.ing by deposit in tne United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 12th day of January,1981:
James P. Gleason, Esq., Chairman Barbara Shull Atomic Safety and Licensing Board Lenore Loeb 513 Gilmoure Drive League of Women Voters of Missouri Silver Spring, MD 20901 2138 Woodson Road St. Louis, Missouri 63114 Mr. Glenn 0. Bright
- Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel
- Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline*
Atomic Safety and Licensing Board Docketing and Service Section*
U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555
~
Gerald Charnoff, Esq.
Thomas A. Baxter, Esq.
Atomic Safety and Licensing Shaw, Pittman, Potts & Trowbridge Appeal Board
- 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C.
20036 Washington, D.C.
20555 Mr. John G. Reed Marjorie Reilly Rt. 1 Energy Chairman of the League of Kingdom City, M0 65262 Women Voters of University City, MO 7065 Pershing Avenue Treva J. Hearne University City, MO 63130 Assistant General Counsel for the Missouri Public Service Comission P.O. Box 360 Jefferson City, Missouri 65101
e i Dan I. Bolef Rose Levering, Member President, Board of Directors Crawdad Alliance Coalition for the Environment, 1370a Dale Avenue St. Louis Region St. Louis, M3 63117 6267 Del ar Boulevard University City, MO 63130 Kay Drey 515 West Point Avenue Donald Bollinger, Member University City, M3 63130 tiissourians for Safe Enerry 6267 Delmar Boulevard John G. Reed University City, M3 63130 RFD #1 Kingdom City, MO 65262 Mr. Fred Luekey Presiding Judge, Montgomery County Mr. Earl Brown Rural Route School District Superintendent Rhineland, MD 650E9 P.O. E0x 9 Kingdom City, MO 65262 Mayor Howard Steffen Chamois, MO 65024 Mr. Samuel J. Birk R.R. #1, Box 243 Professor Williro H. Miller Morrison, MO 65061 Missouri Kansas Section, American Nuclear Society Mr. Harold Lottman Department of Nuclear Engineering Presiding Judge, 1026 Engineering Building Dasconade County University of Missouri Rte. 1 Columbia, MO 65211 Owensville, MO 65066 0
Roy P. Lessy g Counsel for NRe Staff 3
-.