ML19341A832
| ML19341A832 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 01/23/1981 |
| From: | Baxter T SHAW, PITTMAN, POTTS & TROWBRIDGE, UNION ELECTRIC CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8101280307 | |
| Download: ML19341A832 (5) | |
Text
Jcnuary 23, 1981 a
CDc UNITED STATES OF AMERICA k/
NUCLEAR REGULATORY COMMISSION
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In the Matter of
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UNION ELECTRIC COMPANY
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Docket No. STN 50-483 OL
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(Callaway Plant, Unit 1)
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APPLICANT'S ANSWER TO THE PETITION FOR INTERVENTION FILED BY JOAN BOTWINICK On November 14, 19.80, the NRC issued " Clarification of Notice of Receipt of Application for Facility Operating Licenses; Notice of Consideration of Issuance of Facility Operating Licenses and Notice of Opportunity for Hearing. "
See 45 Fed. Reg. 77208 (November 21, 1980).-1/ The November notice provided, among other things, that by December 22, 1980, any person whose interest may be affected by this proceeding may file a petition for leave to intervene and th request a hearing, in accordance with 10 C.F.R. Part kh with respect to the application by Union Electric Co n
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'for a license to operate Callaway Plant, Unit 1.
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A petition dated December 8, 1980wasfilehv D'C=
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Ms. Joan Botwinick
(" Petitioner") with the Office of t
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Secretary, U.S. Nuclear Regulatory Commission.
Ms. Botvinick requests a hearing, and seeks to intervene in this proceeding.
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The November 14, 1980 notice superseded an earlier notice of " Receipt of Ap,'ication for Facility Operating Licenses; Consideration of It suance of Facility Operating Licenses and Notice of Opportunity for Hearing," published at 45 Fed. Reg. 56956 (August 26, 1980).
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8101280 307
, A copy of the Botwinick petition was received by counsel to I
Applicant Union Electric Company on January 15, 1981.
Appli-cant submits this answer to the Botwinick petition.
Applicant opposes the granting of intervention status to Ms. Botwinick and the ordering of a hearing in 4
this proceeding on the basis of NW. Botwinick's December 8, 1980 petition.
While the petition at this stage need not list the contentions which a petitioner seeks to litigate 2/
or the bases therefore, it must meet the criteria set forth in 10 C.F.R. S 2.714.
Subsections (a) (2) and (d) of that section provide:
- 2. 714 (a) (2).
The petition shall set forth with particularity the interest of 'che 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 in paragraph (d) of this section, and the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes 1
to intervene.
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(d).
The Commission, the presiding officer, 2
or the atomic safety and licensing board designated to rule on petitions to inter-vene and/or requests for hearing shall, in ruling on a petition for leave to inter-vene, consider the following factors, among other things:
(1)
The nature of the petitioner's right under the Act to be made a party to the
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proceeding.
(2)
The nature and extent of the petitioner's property, financial, or other interest in the proceeding.
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The first prehearing conference has not yet been scheduled, and supplements to petitions, in accordance with 10 C.F.R.
S 2.714 (b), may be filed at any time up to 15 days before such conference.
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,. (3)
The possible effect of any order which may be entered in the proceeding on the peti-tiener's interest.
Ms. Botwinick's petition fails to establish her particular interest or standing to intervene in the proceeding.
In order'to acquire standing, a petitioner must allege some injury in fact, i.e., a cognizable interest, arguably within the zone of interests protected by a relevant statute, which might be adversely affected if the proceeding has one outcome rather than another.
Public Service Company of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), CLI-80-10, 11 N.R.C.
438, 439 (1980); Portland General Electric Company (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 N.R.C.
610, 613 (1976); Nuclear Engineering Company (Sheffield Low-Level Radioactive Waste Disposal Site),
ALAB-473, 7 N.R.C.
737, 743 (1978).
While it is clear that Petitioner is concerned about emissions from the Cal-laway Plant, Unit 1 polluting her drinking water, Ms. Bot-winick has not specified her proximity to the callaway site.
Consequently, it is not possible to determine whether Petitioner asserts a remote and "' generalized grievance' shared in substantially equal measure by all or a large class of citizens," or a concern on the bases of which her health and safety, along with her property interests, may be particularly affected by the outccme of this proceeding.
See Transnuclear Inc. et al. (Ten r-
.;. l Applications for Low-Enriched Uranium Exports to Euration j
Member Nations), CLI-77-24, 6 N.R.C.
525, 531 (1977), citing Warth v. Seldin, 422 U.S. 490, 499 (1975).
Applicant therefore opposes the Botwinick petition.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE
~Y.
Gerald Charnoff Thomas A.
Baxter Deborah L. Bernstein Cotuisel for Applicant 1800 M Street, N.W.
Washington, D.C.
20036 (202) 331-4100 Dated:
January 23, 1981
UNIPED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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UNION ELECTRIC COMPANY
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Docket No. STN 50-483 OL
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(Callaway Plant, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Appli-cant's Answer to the Petition for Intervention Filed by Joan Botwinick" were served this 23rd day of January, 1981, by deposit in the U.S. mail, first class, postage prepaid, upon the following:
James P. Gleason, Esquire Chairman Atemic Safety and Licensing Board 513 Gilracitre Drive Silver Spring, Maryland 20901 Mr. Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline Atomic Safety and Licensing Board Pane' 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 Roy P. Lessy, Jr., Esquire Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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_2 Joseph E.
Birk, Esquire Assistant to the General Counsel Union Electric Company P.O. Box 149 St. Louis, Missouri 63166 Treva J. Hearne, Esquire Assistant General Counsel Missouri Public Service Commission P.O. Box 360 Jefferson City, Missouri 65102 Ms. Joan Botwinick 336 Portico Court Chesterfield, Missouri 63017 l
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Thomas A.
Baxter o