ML19350D799
| ML19350D799 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 05/15/1981 |
| From: | Wolf J Atomic Safety and Licensing Board Panel |
| To: | Linda Williams AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8105190355 | |
| Download: ML19350D799 (3) | |
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3 UNITED STATES OF AMERICA 8
N NUCLEAR REGULATORY COMMISSION pf m
, 8' ATOMIC SAFETY AND LICENSING BOARD
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g Before Administrative Judges:
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John F. Wolf, Chainnan T!J '**
- W 181981" ~~3 g ions Dr. Harry Foreman y
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u.s-9 EDMpy<y5 In the Matter of
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Application of Westinghouse Electric Corporation for a Special Nuclear-
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Docket No. 70-2909 Material License for the Alabama
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Nuclear Fuel Fabricating Plant (ANFFP)
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to be located near Prattsville,
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May 15,1981 Alabama
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MEMORANDUM AND ORDER (Petition for Intervention of Louis G. Williams Denied)
On March 4,1981 Louis G. Williams filed what is purported to be "a conditional application for leave to intervene",.
(Petition) By a later letter (misdated February [ sic] 13,1981), Williams wrote to the NRC Staff stating that the " petition" should be considered his real application.
The original notice of opportunity to be heard in this matter was published in the Faderal Register on March 6,1980.
It required that
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petitions for leave to intervene be filed on or before April 7, 1980 (45 Fed. Reg. 23553).
Petitioner Wiiliams was involved in this proceeding from its early stages as the principal scientific advisor to the Safe Energy Alliance of Central Alabama, Inc. (S.E.'4.C. A. ) That organization's Petition to 9503 5
Intervene is pending before this Board. Dr. Williams has noted that he O
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played a large part in fonnulating S.E.A.C.A.'s petition for leave to intervene.
It appears that Dr. Williams lives approximately 90 miles from the proposed facility. There is no evidence that any interest he may have will be affected by the granting of the li::ense application.
Under the circumstances referred to above it is clear that this petitioner has failed to meet the requirements of 10 C.F.R.12.714 regarding standing and interest which are needed to intervene as of right. Nor has ne demonstrated any reason why discretionary interven-tion should be granted under 10 C.F.R. 5 2.714(a) and (d). However, the NRC Staff is of the view that Dr. Williams has satisfied the
" aspects" requirement set forth in 10 C.F.R. 5 2.714 (a)(2). The Board does not find otherwise on that point.
When, as in this case the petition is non-timely filed, it is governed by the provisions of 10 C.F.R. I 2.714 (a) (1).
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Under the Appeal Board holding in Duke Power Co. (perkins Nuclear Station, Units 1, 2 and 3), ALAB-615,12 NRC 350, 352 (1980) the late filing petitioner must address each of the five factors in 10 C.F.R.
I 2.714 (a) (1) "and affinnatively demonstrate that on balance, they favor permitting his tardy admission to the proceeding". However, Dr.
l Williams failed to a-ddress the factors specified in 10 C.F.R. 5 2.714 (a). As pointed out by the NRC Staff answer to the petition it appears that Dr. Williams would be unable to demonstrate a balancing of the factors in his favor.
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.,o 3-For the reasons stated above and the arguments contained in the
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NRC Staff's Answer to the Petition for Leave to Intervene filed by Louis G. Williams it is this 15th day of May 1981 ORDERED That the Petition for Leave to Intervene filed by Louis G.
Williams is denied.
FOR THE ATOMIC SAFETY AND LICENSING BOARD John F. Wolf
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Administrative Judge Issued and dated this
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15th day of May, 1981 at Bethesda, Maryland g
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