ML19343A591
| ML19343A591 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 11/18/1980 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19343A587 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8011190055 | |
| Download: ML19343A591 (6) | |
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UNITED STATES OF AMERICA 11/18/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ILLIN0IS POWER COMPANY, et al.
)
Docket Nos. 50-461 OL
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50-462 OL (Clinton Power Station, Units
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I and 2)
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NRC STAFF ANSWER TO PETITION OF BLOOMINGTON-NORMAL PRAIRIE ALLIANCE On September 29, 1980, the Nuclear Regulatory Commission (Comission) pub-lished in the Federal Register (45 ~ ed. Reg. 64307) a notice of opportunity r
for hearing in connection with issuance of operating licenses in the cap-tioned matter. The notice provided that any person whose interest may be affected might file a petition for leave to intervene no later than Octo-ber 29, 1980.
A timely petition dated October 29, 1980 was received froa the Bloomington-Normal Prairie Alliance.
For the reasons set forth below, the Staff opposes the petition for leave to intervene at the present time.
As stated in the notice, a petition for leave to intervene must set forth with particularity, as required by 10 C.F.R. 5 2.714, the interest of the petitioner in the proceeding, and how that interest may be affected by the result of the proceeding. The petitioner must assert specifically, 1/
rather than generally, how that interest may be affected by the proceeding.-
1/ Sierra Club v. Morton, 405 U.S. 727 (1972); Allied General Nuclear
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Services, et al. (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC'T2C 423 (1976).
8 01119 OO By
The petitioner herein lists no grievances against the Clinton Power Station, and does not cite at all how " interest" with respect to the subject licensing proceeding has been shown.
Petitioner has failed to satisfy the " interest" req;irements of 10 C.F.R. 6 2.714.
Under 10 C.F.R. 5 2.714 of the NRC Rules of Practice, petitioner; need no longer advance at least one contention adequately supported by bases at this stage of the proceeding. A petitioner may amend or supplement his or her petition without prior approval of the Licensing Board at any time up to 15 days prior to the holding of a prehearing conference.
Petitioner dio not advance contentions in its petition, dated October 29, 1980. The Commission's rules of practice, however, require that a petitioner must sati:ify the " contentions" requirement of Section 2.714 prior to being per-mitted to participate as a party.
Namely, the petitioner must list at least one contention and set forth its bases for that contention with reasonable specificity by at least 15 days before the prehearing conference.
In addi-tion, before a hearing may be directed on an application for an operating license, the Licensing Board assigned to rule on requests for hearing and petitions for leave to intervene must determine that at least one petitioner has sat forth at least one adequate contention.
Since the petition does not satisfy the " interest" requirement of the Commission's rules and since no corxtentions have been submitted with the petition, the NRC Staff opposes the granting of the petition.
-2/ See Cincinnati Gas and Electric Co. (William H. Zimer Nuclear Power F6 tion), ALAB-305, 3 NRC 8 (1976).
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Although we have concluded that Bloomington-Normal Prairie Alliance has failed to satisfy the interest and standing requirements of 10 C.F.R. 5 2.714, the Staff wishes to express its views with respect to other ele-ments involved in determining whether or not Bloomir.gton-Normal Prairie Alliance should be granted leave to intervene in the future. The Staff notes that in addition to the " interest" requirement of 10 C.F.R. 6 2.714, a petition must also set forth with particularity the specific aspect or aspects of the subject matter of the proceeding as to which a petitioner wishes to intervene. The only relevant " aspects" of the proceeding are those which fall within the scope of the proceeding. Although this require-ment has not yet been discussed extensively in NRC case law, it is apparent that it is intended to afford some notice to other parties to the proceeding of the issues which are likely to be litigated and, thereby, of the scope of the contested subject matter in the proceeding. The Staff submits that the appropriate test as to whether the " aspects" of the proceeding have been properly identified is whether they put the Licensing Board and the parties on notice regarding the basic areas in which the petitioner intends to raise contentions, and whether those basic areas are within the scope of the matters which properly may be considered in the proceeding.
The instant petition does not set forth aspects which could be considered under 10 C.F.R. 5 2.714 other than a desire to intervene in the proceeding.
It is to be noted that a petition for leave to intervene has been filed on behalf of the Prairie Alliance which we assume to be tne parent organization
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of the petitioner herein.
It may be that the Bloomington-Normal Chapter of the Prairie Alliance would wish to participate in the proceeding by way of a limited appearance pursuant to the provi!. ions of 10 C.F.R. 5 2.715.
The Staff would have no objection to such participation.
Respectfully submitt PW 4K niq i
Myr Karman Co sel for NRC Staff l
Dated at Bethesda, Maryland this 18th day of November,1980 f
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UNITED STATES OF AMERICA 11/18/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ILLIN0IS POWER COMPANY, et al.
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Docket Nos. 50-461 OL
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50-462 OL (Clinton Power Station, Units
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I and 2)
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NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter.
In accordance with Section 2.713(a),
10 C.F.R. Part 2, the following information is provided:
Name
- Myron Karman Address
- Office of the Executive Legal Director U. S. Nuclear Regulatory Commission 3
Washingten, D. C.
20555 l
Telephone Number
- (301) 492-8670 Admission
- Court of Appeals, State of New York i
Name of Party
- NRC Staff U. S. Nuclear Regulatory Commission Respectfully submit ed, 1e L&v{
Myron Karman Counsel for NRC Staff Dated at Bethesda, Maryland this 18th day of November,1980
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UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION a
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ILLIN0IS POWER COMPANY, ~et al.
)
Docket Nos. 50-461 OL
)
50-462 OL (Clinton Power Station, Units
)
1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING OF PRAIRIE ALLIANCE," "NRC STAFF ANSWER TO THE PETITION OF THE STATE OF ILLINDIS TO INTERVENE PURSUANT TO 10 C.F.R.
E 2.715(c)," "NRC STAFF ANSWER TO PETITION OF BLOOMINGTON-NORMAN PRAIRIE ALLIANCE," and " NOTICE OF APPEARANCE" for Myron Karman in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 18th day of N vember, 1980.
g K.
a Esq., Chairman Jeff Urish, Vice President Bloomington Normal Prairie Alliance h3 ilk s Kennedyville, Maryland 21645 Dr. George A. Ferguson Atomic Safety and Licensing School of Engineering Board Panel Howard University U.S. Nuclear Regulatory Comission 2300 Sixth Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20059 Atomic Safety and Licensing Dr. Oscar H. Paris Appeal Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Coarnission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 4
Washington, D.C.
20555 Docketing and Service Section Peter V. Fazio, Jr., Esq.
Office of the Secretary Schiff Hardin & Waite ti.S. Nuclear Regulatory Comission 7200 Sears Tower Wshington, D.C.
20555 233 South Wacker Drive 3
Chicago, Illinois 60606 o
2 VRyron Karman C nsel for"NRC Staff hn g, Illinois 61820 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street, Suite 2315 Chicago, Illinois 60601
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