ML19345G594
| ML19345G594 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 03/20/1981 |
| From: | Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., DUQUESNE LIGHT CO., OHIO EDISON CO., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8104070574 | |
| Download: ML19345G594 (6) | |
Text
Y March 20, 1981 bjg CT '
UNITED STATES OF AMERICA B
NUCLEAR REGULATORY COMMISSION j
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I7 the Matter of
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v THE CLEVELAND ELECTRIC ILLUMINATING
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DUQUESNE LIGHT COMPANY,
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Docket Nos. 50-440 OHIO EDISON COMPANY,
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50-441 PENNSYLVANIA POWER COMPANY, and
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(Operating License)
THE TOLEDO EDISON COMPANY
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Units 1 and 2)
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f APPLICANTS' ANSWER TO PETITION FOR LEAVE TO D
INTERVENE BY OHIO CITIZENS FOR RESPONSIBLE ENERGY (I
.The Cleveland Electric Illuminating Company, Duquesne Light j
Company, Ohio Edison Company, Pennsylvania Power Company and The Toledo Edison Company
(" Applicants") hereby submit their answer to the petition for leave to intervene by Ohio Citizens for Responsible Energy ("OCRE"), dated March'6, 1981, postmarked March 11,'1981, and received by Applicants' counsel on March 16, L
1981.
In accordance with the guidance provided in Section 2.714 l
l (a) (2)' of the Commission's Rules of Practice (10 C.F.R.
S 2.714 i
l
' (a) (2) ), Applicants' answer is confined to the. adequacy of the petition from the standpoint of OCRE's showing of interest and identification of the aspect or aspects of the proceeding as to j
which intervention is sought.
Applicants' position is that, while the petition adequately has described an " aspect of the proceeding" (i.e., the financial p503 qualifications of.the Applicants to safely operate the Perry J
m b407aS W Cr
. Nuclear Power Plant), the petition is defective because it fails to adequately establish OCRE's interest in this operating license proceeding.
The petition to intervene in its present form should, therefore, be denied.
Pursuant to 10 C.F.R.
S 2. 714 (a) (2), OCRE must set forth with particularity its interest in this proceeding and how that interest may be affected by the reaults of the proceeding.
See also 10 C.F.R. S 2. 714 (d) (1)-(3).
The Commission and its licen-sing and appeal boards have consiatently applied Judicial con-cepts of standing in determining whether a petitioner has satis-fied these requirements.
E.g., Portland General Electric Co.
(Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 N.R.C.
610, 613-14 (1976); Public Service Co. of Oklahoma (Black Fox Station, Units 1 and 2), ALAB-397, 5 N.R.C.
1143, 1144-45 (1977).
An organization like OCRE can establish such standing through its j
members whose interests may be affected.
Public Service Co. of Indiana (Marble Hill. Nuclear Generating Station, Units 1 and 2),
ALAB-322, 3 N.R.C.
328, 330 (1976).
However, specific members of the organization must then be identified, how their individual interests may be affected must be shown, and the members' authori-l zation to the organization must be stated.
Edlow International Co. (Application to _ Export Special Nuclear Material), CLI-76-6, l
3 N.R.C.
563, 574 (1976);. Allied General Nuclear Services (Barn-well Fuel Receiving and Storage Station), ALAB-328, 3 N.R.C.
- 420, j
422 (1976).
In. Houston Lighting and Power Co. (Allens Creek Nuclear l
' Generating Station, Unit 1), ALAB-535, 9 N. R.C. - 3' 7 '(1979), a 7
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. petitioner failed to identify at least one member whose interest might be affected by the proceeding.
The licensing board denied intervention on the ground that the petitioner had failed to establish its standing.
Id. at 389.
The Appeal Board affirmed, stating in part (id. at 390):
l
{O]rganizations * *
- are not clothed with independent standing to intervene in NRC licensing proceedings.
Rather, any stand-ing which [such organizations] may possess is wholly derivative in character.
It must appear [from the petition] that at least one of the persons it purports to represent does in fact have an interest which might be af-fected by the licensirig action being sought Satisfying this standard requires that at least one member of the organization be identified specifically (id. at 392, 393-94), and, with respect to that member, there be an explicit description of the nature of the invasion of the personal interest which might flow from the proposed licensing action (pd. at 392-93).
Such specificity is necessary in order to i
verify the assertion that such a member exists.
As the Appeal Board noted (id. at 393):
(B]oth the Board and the'other parties were entitled to be provided with sufficient in-formation to enable'them to determine for themselves, by independent inquiry if thought l
warranted, whether a basis existed for a for-l mal challenge to the truthfulness of the assertions in the * *
- petition.
[ Emphasis in original.]
I It is thus apparent that OCRE's one-page petition is defec-tive.
It includes only a general description of OCRE and its pur-
4 pose, together with the statement that OCRE has "approximately thirty-five (35) members living in Ohio, at least five (5) of whom live within thirty miles of the plant."
Similar allegations were correctly held to be inadequate in Consumers Power Co. (Palisades Nuclear Plant), LBP-79-20, 10 N.R.C.
108, 113 (1979).
Nor is the identification of Mr. Alexander as the "OCRE representative" suffi-cient to cure this defect.
Mr. Alexander who lives in Dayton, more than 200 miles from the Perry Nuclear Power Plant, is too geographi-cally remote to satisfy the standing requirement.
See Dairyland Power Cooperative (LaCross " oiling Water Reactor), ALAB-497, 8 N.R.C.
312, 313 (1978); Duquesne Light Co. (Beaver Valley Power Station, Unit 1), ALAB-109, 6 A.E.C. 243, 244 (1973).
For the reasons set forth above, Applicants submit that the petition to intervene as filed by OCRE be denied.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By:
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Cou % Sf.lberg g
Jay nsel por Applicants 1800 M Street, N.W.
Washington, D.C.
20036 Telephone:
(202) 822-1000 Dated:
March 20, 1981
t March 20, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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THE CLEVELAND 7LECTRIC ILLUMINATING
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- COMPANY,
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DUQUESNE LIGHT COMPANY,
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Docket Nos. 50-440 OHIO EDISON COMPANY,
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50-441 PENNSYLVANIA POWER COMPANY, AND
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(Operating License)
THE TOLEDO EDISON COMPANY
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(Perry Nuclear Power Plant,
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Units 1 and 2)
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CERTIFICATE OF SERVICE i
I hereby certify that copies of " Applicants' i
Answer To Petition For Leave To Intervene By Ohio Citizens For Responsible Energy" were served upon those persons on the attached Service List by deposit in-the United States i
mail, postage prepaid, this 20th day of March, 1981 Y
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t' yy.p.Siiberg
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0:I Dated:
March 20, 1981 L
l
..I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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THE CLEVELAND ELECTRIC ILLUMINATING
)
- COMPANY,
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DUQUESNE LIGHT COMPANY,
)
Docket Nos. 50-440 OHIO EDISON COMPANY,.
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50-441 PENNSYLVANIA POWER COMPANY, AND
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(Operating License)
THE TOLEDO EDISON COMPANY
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(Perry Nuclear Power Plant,
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Unites 1 and 2)
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SERVICE LIST Jeff Alexander, OCRE Representative 929 Wilmington Avenue #H Dayton, Ohio 45420 Charles Barth, Esquire Office of the Executive Legal Director U. S. 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
.