ML19347D593

Response in Opposition to Lg Williams Petition to Intervene. Untimely Petition Fails to Satisfy 10CFR2.714 Requirements. Certificate of Svc Encl

ML19347D593
Person / Time
Site:	07002909
Issue date:	03/16/1981
From:	Cowan B, Kenrick J, Marcucci D ECKERT, SEAMANS, CHERIN & MELLOTT, WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8103260768
Download: ML19347D593 (7)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO'O!!SSION

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SEFORE THE ATCMIC SAFETY AND LICENSING BOARD f

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[h In the Matter of WESTINGEOUSE ELECTRIC CORPORATION Docket No. 70-2909

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e 8t A7 ANSWER OF WESTINGHOUSE ELECTRIC CORPORATION (6

" CONDITIONAL APPLICATION TO FILE FOR LEAi/E TO INT ENE"

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z OF LOUIS G. WILLIAMS c>

Westinghouse Electric ~ Corporation (" Westinghouse")

files this-Answer in response to a document submitted by

. Louis G. Williams,.Ph.D. (" Williams") entitled "Prattville Fuel Plant - Valid Contentions" and purporting to be a con-ditional application to file'for leave to intervene (the

" Conditional Application").

Westinghouse opposes the Condi-tional Application-because Williams fails to state how he meets the normal requirements for intervention under 10 C.F.R.

S 2.714 and because the Conditional Application is untimely filed with no good cause or other basis shown why such f

unti=ely filing should be allowed.

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With respect to all intervention petitions,

~10 C.F.R.

S 2.714 (a) (2) provides:

"The petition shall set forth with particularity the interest of the peti-tiener in the proceeding, how that interest may be affected by the results of the prceeeding, including the reasons why etitioner should be permitted to:

.e intervene, with particular reference to the factors in paragraph (d) of this section, and the specific aspect or as-pects of-the subject matter of'the pro-ceeding as to which petitioner wishes to intervene."

Williams does not address this requirement in the Condi-

-tional Application, nor does he show how his interest may be affected'by the proceeding.

On this ground alone the ConditionallApplicaticn should be denied.

Further,.the Conditional Application is untimely 3

filed.and no goed cause is shown for such late filing.

The

criteria for: consideration 1of nontimely filed' intervention f

petitions are set forth in 10 C.F.R. S 2.714 (a) (1).. The

' Conditional Application in the. instant proceeding is defi-1 cient on its_ face in failing to address the five factors se't'forth;in that regulation that are to be_ considered in determining _whether the intervention petition should be i

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' Counsel for' Westinghouse.has.been advised;that.Willians

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1 Jis not a resident of~Prattville'or-Montgomery-, Alabana,

-but'ratherithat-he lives about eighty. miles from the pro-osed plant site.

The/ Conditional.Ac.clication,- however, e

contains no facts whatever as to. Williams'-residence.

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4 granted.

In a recent decision affirming the denial of a

- late intervention petition, the Atomic Safety and Licensing J

Appeal Board held that where an untimely petition for inter-vention fails to address each of the five factors set forth l

in 10 C.F.R. 5 2. 714 (a), such petition is deficient and must be denied. - In re Duke Power Company (Perkins Nuclear Station,

- Units 1, 2 and 3), ALA3-615, 12 NRC 350 (1980).

TThe Conditional Application must be considered in

.the context of the role Williams-previously has had in con-nection with the current licensing proceeding.

Williams was involved extensively.in the developer t of the conten-tions now' proposed by-the Safe Energy Alliance of Central Alabama, Inc. ("SEACA").

He participated in the many long meetings held in Montgomery, Alabama, among Westinghouse,

'the NRC ' Regulatory Staf f, and SEACA that led to the stipula-tion with regard to SEACA contentions recently filed with.

i' the-Board.. Tha essence of'the Conditional Applicatic.. ap-c-

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' pears to be ' t'.iat Williams feels that the contentions now

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f proposed by-SCACA,.many of which have been'stipulatedito I

asfadmissible, do not reflect'sufficiently his personal views orcinput.

Such a position does not meet the require-ments for. justifying tardy interventiot

~This1is especially Eso where, aschere,.mostLof(.the SEACA' contentions in fact were t

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. framed with deference being aiven by counsel for SEACA.

to the views of Williams.

Williams wholly fails to establish goed cause for his failure to file on time.

In claiming that his personal input was " inadequately treated" in the sci u-r lations reached with SEACA, Williams appears to be sug-

.c.estinc. that he relied on SEACA to represenu his interests but:no longer dces so.

Such reliance would not constitute a valid-excuse.for good cause under applicable Nuclear (Regulatory _Coc=ission decisions.

See In re Gulf States Utilities Co. (River Send Station, Units 1 and 2), ALAB-444 ', '6 NRC 760 f(1977 ) ;_In re Duke Power Co. (Cherokee Nuclear Station, Units 1, 2 and 3), ALAB-440, 6 NRC 642 (1977).

The Commission has ruled that a late petitioner

'has ai" substantial burden" in justifying tardiness and that="the burden of' justifying intervention on the basis

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of the other factors -iin the ' rule -[S 2.714 (a)] is consid-

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erably: greater where'the latecocer has no good excuse."

In re Nuclear Fuel Services,JInc.~(WestxValley Reprocess-

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inc Plant), CLI 75-4, 1 NRC'273, ~ 275f(1975).

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has not and cannot carry this substantial burden.'

For the above reasons, Westinghouse respect-fully requests-the Board to deny the Conditional Appli-cation filed by Williams.

Respectfully submitted,

/s/ Barton Z. Cowan 4

/s/ John R. Kenri;k/BZC Eckert, Seamans, Cherin & Mellott

_/s/ Donald-R. Marcucci/BZC

. Law Department Westinghouse Electric Corporation March 16, 1981 i

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h 2 Examination of the Conditional Application discloses that l

'what: Williams seeks is to modify the_ contentions which

~SEACA-now:has submitted.

Thus, the majority of the Con-

,ditional Application is devoted tx) a critique by Williams of the contentions of SEACA as to which no agreement as tx). admissibility was arrived at.by stipulation.

(Stipula-

= tion, Attachment B,spp. 1-10).

Admitting Williams as an fintervenor:would2have the_effect of_ negating the substan-

.tial efforts that went into arr v ng at the. stipulation.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD I

- In the Matter of WESTINGHOUSE ELECTRIC CORPORATION Docket No. 70-2909 1-(Alabama Nuclear Fuel Fabrication Plant Special Nuclear Materia' License)

CERTIFICATE OF SERVICE b

l I :hereby certify that-copies of the " Answer of Westinghouse Electric Corporation to Conditional Appli-cation to File for Leave to' Intervene' of= Louis G.

Williams" wereEserved upon the persons listed on Attach-

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ment'l'to this= Certificate-of' Service by deposit in'the United. States' Mail.(First' Class), postage prepaid,.this 16th day of March, 1981.

/s/ Barton Z. Cowan.

Barton Z.

Cowan.

Counsel-for Westinghouse. Electric Corporation 4

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ATTACHMENT 1 John F. Wolf, Esquire, Chairman Ms. Cathalynn Donelson Atomic Safety and Licensing Board 855 Park Avenue U. S.. Nuclear Regulatory Commission Montgomery, Alabama 36106 3409 Shepherd Street Chevy Chase, Maryland 20015 Dr. Ira L. Myers State Health Officer Dr. Harry Foreman, Member State of Alabama Atomic. Safety and Licensing Board Department of Public Healrh Box.395,.~ Mayo State Office Building University of Minnesota Montgomery, Alabama 36104 Minneapolis, Minnesota 55455 Atomic Safety and Licensing Board Panel Dr. Martin J. Steindler, Member U. S. Nuclear Regulatory Commission Atomic Safety.and Licensing Board Washington, D. C.

20555 Argonne. National Laboratory H9700 South Cass Avenue Atomic Safety and Licensing Appeal Panel

.Argonne,-Illinois 60439 U. S. Nuclear Regulatory Comnission Washington, D. C.

20555 Barton Z. Cowan,; Esquire Eckert', Seamans, Cherin :& Mellott Docketing & Service Section 42nd-Floor, 600LGrant, Street

' Office of the Secretary Pittsburgh,-Pennsylvania 15219 U. S. Nuclear Regulatory Commission Washington,.D.C.

20555 Donald R. Marcucci,. Esquire' Law Department ~

Westinghouse Electric Corporation P.O. Box 355

.Pittsburgh, Pennsylvania 15230-

'Julian L, McPhillips, Jr., Esquire

'P.-O. Box 64

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516; South Perry Street'

Montgomery, Alabama -36101

[ }Sherwin E.JTurk,. Esquire Office of..the Executive Legal:

Director.

~U. S. Nuclear Regulatory'Commi'ssion Washington,;D. C.

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