ML19341A619

Answer Opposing W Christy 810106 Petition to Intervene. Applicant Does Not Oppose Christy Limited Appearance Statement.Certificate of Svc Encl

ML19341A619
Person / Time
Site:	Wolf Creek
Issue date:	01/21/1981
From:	Ridgeway D KANSAS GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
References
NUDOCS 8101270343
Download: ML19341A619 (5)

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UNITED STATES OF AMERICA 4 NUCLEAR REGULATORY COMMISSION fJ In the Matter of )

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KANSAS GAS & ELECTRIC COMPANY ) Docket N7. S'"N 5 0-4 8 2 et al. )

(Wolf Creek Generating )

Station, Unit No. 1) )

APPLICANTS' ANSWER TO LETTER FROM WANDA CHRISTY By letter dated January 6, 1981.s~*/ Wanda Christy requested

" permission to Entervene in the licensing of the Wolf Creek Nuclear Generating Station." Notwithstaliding Ms. Christy's use of the term " intervene," it appears to Applicants that her letter is a request to make a limited appearance pursuant to 10 C.F.R. S 2.715 (a) and not a petition for full intervenor status pursuant to 10 C.F.R. S 2.714 (a) .

Ordinarily, generally worded letter requests from individuals asking that a hearing be held do not satisfy the requirements of 10 C.F.R. S 2.714(a) for petitions to intervene.

Maine Yankee Atomic Power Co. (Maine Yankee Atomic Power Station) ,

AEC " Memorandum and Order," 4 AEC 728, 731 (1971). As provided in the notice of " Receipt of Application for Facility Operating License; Availability of Applicant's Environmental Report;

<s in 2/ Ms. Christy did not serve a copy of her ,q)tc on '

for Applicants, despite the explicit instructions of the F. era 4* 'ce.

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1. 1. 9 Consideration of Issuance of Facility Operating License and Notice of Opportunity for Hearing," published at 45 Federal Register 83360 (December 18, 1980), a petition for leave to intervene pursuant to 10 C.F.R. S 2.714 (a) must:

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• set forth with particularity the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be permitted to intervene, with particular reference to the factors (listed in the Federal Register notice] in paragraph (d) of this section, and the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.

10 C.F.R. S 2.714 [ emphasis supplied].

The Commission thus insists that_a prospective intervenor articulate the basis of his interest clearly and, further, specify the focus of the desired hearing before the petitioner is entitled to be admitted to a proceeding. Kansas Gas & Electric Co. (Wolf Creek Generating Station, Unit No. 1) , ALAB-27 9, 1 NRC 559, 574 (1975). Moreover, an individual's interest as a taxpayer does not fall within the zone of interests sought to be protected by either the Atomic Energy Act or the National Environmental Policy Act. Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 & 2), ALAB-413, 5 NRC 1418,1421 (1977).

Ms. Christy's broad statements of concern as a "Coffey County taxpayer" about the responsibility for the financing of emergency planning and about county involvement in the development of emergency plans therefore are wholly insufficient to satisfy t

the Commission's " interest" and " aspects" requirements for intervention petitions.

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In an operating license proceeding such as this -- unlike a construction permit proceeding -- a hearing is not mandatory.

There is, accordingly, especially strong reason in an operating license proceeding for the exercise of " utmost care" e

to ensure that petitions for intervention clearly demonstrate a "real stake" in the proceeding. Cincinnati Gas & Electric Co.

(Zimmer Nuclear Power Station), ALAB-305, 3 NRC 8, 12 (1976).

Accord, Houston Lighting & Power Co. (Allens Creek Nuclear Generating Station, Unit 1) , ALAB-54 7, 9 NRC 644, 649 (1979).

Applicants would therefore oppose the intervention of Ms. Christy, but do not object to her limited appearance by oral or written statement on matters germane to the pro-ceeding, should a hearing be held.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By b Jay E. Silbebg / (

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Delissa A. Ridgway Counsel for Applicants 1800 M Street, N. W.

Washington, D. C. 20036 Telephone: (202) 331-4100 Dated: January 21, 1981

w January 21, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION c

In the Matter of )

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KANSAS GAS & ELECTRIC COMPANY ) Docket No. STN 50-482 et al.)

(Wolf Creek Generating )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of_" Applicants' Answer To Letter From handa Christy" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 21st day of January, 1981.

4 Ah]24A Dellissa A. (Ridgday d (/ '

Dated: January 21, 1981 F

o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

KANSAS GAS & ELECTRIC COMPANY ) Docket No. STN 50-482 et al. )

(Wolf Creek Generating Station, )

Unit No. 1) ) e SERVICE LIST Ms. Wanda Christy 575 N. 1st Street Burlington, Kansas 66839 Office of the Executive Legal Director U.E. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Board Panel ~

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docketing and Service Section Office of the Secretary U.S.. Nuclear Regulatory Commission Washington, D.C. 20555 l

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