ML19344B363

Request to Intervene in Potomac Alliance Vs Nrc.Petitioner Is Party in Interest Whose Interests Will Be Affected If NRC Decision Affirming Issuance of Amend to OL Reversed

ML19344B363
Person / Time
Site:	North Anna
Issue date:	08/21/1980
From:	Christman J VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.)
To:	U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT
References
80-1862, NUDOCS 8008260791
Download: ML19344B363 (5)

Text

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August 21, 1980

% i 2,, z UNITED STATES COURT OF APPEALS /' 't FOR THE DISTRICT OF COLUMBIA CIRCUIT - . .

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f* Q POTOMAC ALLIANCE, ) ,

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Petitioner, )

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UNITED STATES NUCLEAR REGULATORY '

COMMISSION and UNITED STATES OF ) f Ord R e

' of Nuclear Regu-latory Commission Respondents, )

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VIRGINIA ELECTRIC AND POWER COMPANY, )

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Movant for Leave to Intervene )

MOTION FOR LEAVE TO INTERVENE Pursuant to the Administrative Orders Review Act, 28 U.S.C. S 2348 (1966), and Rule 15 (d) of the Federal Rules of Appellate Procedure, Virginia Electric and Power Compemy (Vepco), a corporation organized and existing under the laws of the Commonwealth of Virginia, and not admitting the pro-priety of the petition for review herein but specifically l

I reserving every right to move to dismiss the same or other-wise to question its validity, hereby moves for leave to intervene in the above-entitled proceeding and in support of said motion states as follows:

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1. The Petition for Review filed in the above-entitled proceeding by Petitioner Potomac Alliance requests that the Court review a decision of the United States Nuclear Regu-latory Commission and direct the Commission to reverse and remand a decision of the Atomic Safety and Licensing Appeal Board affirming the issuance of an amendment to the operat-ing license for Vepco's North Anna Power Station, Unit 1, and order that the licensing proceeding be reopened.

The amendraent in issue authorizes Vepec to increase the capacity of the spent fuel storage pool at North Anna.

2. Vepco was a party in interest in the proceeding be-fore the agency, and its interests will be affected if the agency's order is reversed. Vepco has invested a large sum of money to increase the capacity of the North Anna scent fuel pool in reliance en the NRC decision in issue.

Should the agency decision be reversed and remanded, Vepco would suffer financial loss, and its ability to provide electric power for its customers in the future might be im-paired. Accordingly, Vepco is entitled to intervene as of l right under 28 U.S.C. S 2348 (1976).

1 The NRC Staff, in its Environmental Impact Appraisal in the proceeding below, listed the cost of the fuel pool modifi-cation as S4,770 for each fuel assembly storage space added.

Environmental Impact Appraisal by the Of fice of Nuclear Reactor Regulation relative to a Proposed Increase in Storage Capacity of the Spent Fuel Pool, North Anna Power Station, Units 1 and 2, at 21 (Apr. 2, 1979). The Staff also said that without the increased capacity the North Anna units would face shutdown in 1983 and 1984. Id. 26.

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WHEREFORE, Vepco respectfully requests that it be granted leave to intervene in the above-entitled proceeding and made a party thereto for all purposes.

Respectfully submitted,

/f/ James N. Christman Counsel for Virginia diectric and Power Company Of Counsel:

Michael W. Maupin James N. Christman James M. Rinaca Hunton & Williams P.O. Box 1535 Richmond, Virginia 23212 DATED: August 21, 1980

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT POTOMAC ALLIANCE, )

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Pe titioner, ) .

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v. )

) No. 80-1862 UNITED STATES NUCLEAR REGULATORY )

COMMISSION and UNITED STATES OF ) On Petition for AMERICA, ) Review of Order of

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Responden ts , ) Commission

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VIRGINIA ELECTRIC AND POWER / COMPANY, )

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Movant for Leave to Intervene )

PROOF OF SERVICE l I, James N. Christman, a member of the bar of the Court, I

hereby certify that copies of the forego 1 3 Motion for Leave to Intervene wers this day served upon each of the persons named below by first-class mail, postage prepaid:

Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION: Chief, Docketing and Service Section Stephen F. Eilperin, Esq.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Marian Moe, Esq.

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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James B. Dougherty, Esq.

1346 Connecticut Avenue, N.W.

Suite 627 Washington, D.C. 20036 Thomas H. Pacheco, Esq.

Appellate Section Lcnds Division U.S. Department of Justice 10th and Pennuylvania Avenue, N.W.

Washington, D.C. 20530 Anthony J. Gambardella, Esq.

Office of the Attorney General 11 South Twelfth Street Suite 308 Richmond, VA 23219 Respectfully submitted,

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/s/ James N. Chris tman James N. Chris tman, Counsel for Virginia Electric and Power Company J

DATED: August 21, 1980

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