ML19352A127
| ML19352A127 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 03/09/1981 |
| From: | Sherwin Turk NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8103110309 | |
| Download: ML19352A127 (7) | |
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03/09/81 3
UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION 8
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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APPLICATION OF WESTINGHOUSE ELECTRIC CORPORATION FOR A SPECIAL NUCLEAR Mcket No. 70-2909 MATERIAL LICENSE FOR THE ALABAMA
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NUCLEAR FUEL FABRICATION PLANT (ANFFP)
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TO BE LOCATED NEAR PRATTVILLE, ALABAMA )
NRC STAFF'S RESPONSE TO REQUEST TO WITHDRAW PETITION TO INTERVENE FILED BY DAVID L. ALLRED On February 15, 1981, David L. Allred, a petitioner for leave to intervene in this proceeding, filed a " Request to Withdraw Petition to Intervene" (Request").
For the reasons more fully set forth below, the NRC Staff (" Staff") does not oppose Mr. A11 red's Request, and recommends that it be granted and that his " Petition for Leave to Intervene and Request for a Hearing" ("Allred Petition"), dated April 7,1980, be dismissed.
DISCUSSION Petitioner Allred timely filed his Petition pursuant to the notice of opportunity for hearing published in the Federal Register on March 6,1980 (45 Fed. M. 14724).M On April 28, 1980, the Staff filed its Answer to M " Availability of Envir)nmental. Report, and Intent to Prepare a Draft Environmental Impact Statement Concerning Issuance of a Special
- Nuclear Material License for the Alabama Nuclear Fuel Fabrication P'. ant (ANFFP), Westinghouse' Electric Corp., To Be Located Near P. attville, Ala.", 45 Fed. Reg.14724 (March 6,1980).
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the Allred Petition,E n which the Staff supported the Petition on the i
grounds that it satisfied the interest and standing requirements for petitions for leave to intervene as set forth in 10 CFR 9 2.714, and sufficiently identified the specific aspects of the proceeding as to which Petitioner Allred sought te intervene.
The Staff recommended that the Allred Petition be granted, " subject to the timely subnission by petitioner Allred of at least one admissible contention, pursuant to 10 CFR l2.714(b)."U On November 10, 1980, Petitioner Allred and its. Cathalynn Donelson filed a " Joint Motion for Substitution of Named Intervenor" (" Motion for Substitution"), in which they stated that " David L. Allred must withdraw from participation in the instant proceedings" (Motion for Substitution, at
- 2).and requested that "Cathalynn Donelson be permitted to undertake the intervention heretofore conducted in the name of David L. Allred and that her name be substituted for his in this matter" (id., at 3). On the same date, Ms.. Donelson filed an untimely " Petition for leave to Intervene"
("Donelson Petition"), based in part upon her belief that " David L. Allred is withdrawing his petition in this matter" and that Mr. Allred's withdrawal would result in detriment to her interests inasmuch as she had previously U "NRC Staff Answer to Petition for Leave to Intervene Filed by David L. Allred", dated April 28, 1980.
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reiled upon his intervention "to advance her concerns and interest" (Donelson Petition, at 4).
On December 1,1980, the Staff filed its Response to the Motion for Substitution,O and also filed its Answer to the Donelson Petition.E In response to the flotion for Substitution, the Staff stated that "in the event that petitioner David L. Allred withdraws from this proceeding, the Staff does not oppose the Motion for Substitution" (Response to Motion for Substitution, at 2).
The Staff noted, however, that a certain degree of confusion existed, in that Mr. Allred had not yet indicated whether or not he'was going to withdraw his Petition. Accordingly, the Staff indicated that its " support of the Motion for Substitution is conditioned upon Mr.
Allred's withdrawal of his' petition for leave to intervene." (Id., at 3-4)
(references omitted),
Similarly, the Staff supported the Donelson Petition, despite its untimeliness, sub.iect to the following conditions:
...(a) the withdrawal by David L. Allred of his petition for leave to intervene, (b) the identification by Ms. Donelson of the contentions she seeks to preserve, and (c) the finding by the Licensing Board that Ms. Donelson has identified at O "NRC Staff's Response to Joint Motion for Substitution of Naned Intervenor" (" Response to Motion for Substitution"), dated December 1, 1980.
O "NRC Staff's Answer to Petition for Leave to Intervene Filed by Cathalynn Donelson" (" Answer to Donelson Petition"), dated December 1,_
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least one admissible contention as required by 10 CFR 92.714(b).3/
3/ In the event that David L. Allred does not withdraw his pending petition for leave to intervene, the Staff is of the view that petitioner Donelson will have failed to demonstrate." good cause" in support of her untimely Petition, and other factors would weigh against the admission of her Petition.
In that event the Staff would oppose the Donelson Petition and recommend that it be denied by the Licensing Board....
( Answer to Donelson Petition, at 2).
On January 27, 1981, the Ataaie Safety and Licensing Board (" Licensing Board") issued its Memorandum and Order in which it ruled upon the Motion for Substitution and the Doncison Petition, in pertinent part as follows:
Cathalynn Donelson's Petition for Leave to Intervene and David L. Allred and Cathalynn Donelson's Joint Motion for Substitution of Named Intervonor are granted subject to (a) the withdrawal by David L. Allred of his petition for leave to intervene and (b) the finding by this Licensing Board that Cathalynn Donelson has identified at least one admissible contention as required-by 10 CFR 9 2.714(b).
(Memorandum and Order, at 4).
Subsequently, Mr. Allred indicated that he would soon file a motion to withdraw his Petition, in light of his parti-cipation in the Motion for Substitution.
(See Memorandum and Order dated February 2,1981,at1.)
The' instant Request filed by Petitioner Allred appears to remove the confusion generated by his previous statement that he "must withdraw" from this proceeding (Motion for Substitution, at 2), made at a time when no request -to withdraw had been filed.
Furthermore, the Request appears to have been filed in accordance.with the Licensing Board's Menorandum and Order of January 27, 1981, supra, and enables the Licensing Board to o
, r determine whether or not the Donelson Petition should be granted.
In the Staff's view, the Request presents a clear and unequivocal statement of Mr.
Allred's intent and desire henceforth to teminate his participation in this proceeding.
In light of the circumstances described above, the Staff I
does not oppose the instant Reqv$st.
1 CONCLUSI0'1 For the foregoing reasons, the Staff does not oppose the " Request to Withdraw Petition to Intervene" filed by David L. Allred, and recorr. ends
' that Mr. Allred's " Petition for Leave to Intervene and Request For a Hearing" be dismissed.
Respectfully submitted, i
Jeuoi> f s/u^L -
Sherwin E. : Turk Counsel for NRC Staff i
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- Dated at Bethesda, Maryland this 9th' day (. -Ma rch,' 1981 c
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of APPLICATION OF WESTINGHOUSE ELECTRIC
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CORPORATION FOR A SPECIAL NUCLEAR
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Docket No. 70-2909 MATERIAL LICENSE FOR THE ALABA'tA
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NUCLEAR FUEL FABRICATION PLANT ( ANFFP)
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TO BE LOCATED NEAR PRATTVILLE, ALABAMA )
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO REQUEST TO WITHDRAM PETITION TO INTERVENE FILED BY DAVID L. ALLRED" 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 Commission's internal nail systen, this 9th day of March,1981:
John F. Wol f, Esq., Chai rman*
Julian L. McPhillips, Jr., Esq.
Administrative Judge P.O. Box 64 Atonic Safety and Licensing Board 516 South Perry Street 3409 Shepherd Street Montgomery, AL 36101 Chevy Chase, MD 20015 David L'. Allred, Esq.
Dr. Harry Foreman 231 Oak Forest Drive Administrative Judge Montgomery, AL 36109 Box 395, Mayo-University of Minnesota Dr. Ira L. Myers, M.D.
Minneapolis, MN 55455 State Health Officer State of Alabama Dr. Martin J. Steindler Department of Public Health Adninistrative Judge State Office Building Argonne National Laboratory Montgomery, AL 36104 9700 South Cass Avenue Argonne. IL 60439 Ms. Cathaiynn Donelson 855 Park Avenue Barton Z. Cowan. Esq.
Montgomery, AL 36106 Eckert, Seamans, Cherin & Mellot Forty-Second Floor Atomic Safety and Licensing Board 600 Grant Street Panel
- Pittsburgh, PA 15219 U.S. Nuclear Regulatory Commission Washington, DC 20555 Donald R. Marcucci, Esq.
Lav Department Atomic Safety and Licensing Appeal Westinghouse Electric Corp.
Panel (5)
P.O. Box 355 U.S. Nuclear Regulatory Commission Pittsburgh, PA '15230 Washington, DC 20555
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O Docketing ar.d Ser, ice Section (7)*
Office of the Secretary U.S. fiuclear Regulatory Cr.ission Washington, DC 20555 4D Sherwin E. Turk Counsel for fi.: Staff