ML20002E146

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Answer Supporting W Christy Petition for Leave to Intervene Re Standing Issue.Aslb Ruling on Petition as Whole Would Be Premature Because Petitioner Still Has Time to File Contentions.Certificate of Svc Encl
ML20002E146
Person / Time
Site: Wolf Creek 
Issue date: 01/22/1981
From: Karman M
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
NUDOCS 8101260510
Download: ML20002E146 (3)


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UNITED STATES OF AMERICA O

NUCLEAR REGULATORY COMMISSION O

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD S

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In the Matter of

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n ma KANSAS GAS AND ELECTRIC COMPANY &

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Docket No.60-482 5 EM KANSAS CITY POWER & LIGHT COMPANY

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(Wolf Creek Generating Station,

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Unit No.1)

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NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE OF WANDA CHRIS H On December 18,1980,,the Nuclear Regulatory Commission (Commission) published in the Federal Register (45 Fed. Reg. 83360) a notice of oppor-tunity for hearing in connection with issuance of an operating license in the captioned matter. The notice provided that any person whose interest may be affected might file a petition for leave to intervene no later than January 19, 1981.

A timely petition for leave to intervene filed by Wanda Christy was received by the Staff.

To establish standing, the provisions of 10 C.F.R. 5 2.714(a)(2) require that a petitioner to an NRC proceeding shall:

1.

Set forth with particularity the interest of the petitioner in the proceeding, how that interest may be affected by the results of the pro-ceeding, including the reasons why petitioner should be permitted to inter-(

vene; and 1

2.

Identify the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.

l This petitioner alleges that she lives within a five mile area surrounding the Wolf Creek Generating Station.

In the Staff's view, the residing place of the petitioner is within the geographical zone that might l

81 01260 @ 6

be affected by normal (or accidental) release of fission products. -1/

Standing to intervene may be bu ed upon residence in the vicinity of the nuclear plant. -2/ Therefore, the petitioner has satisfied the

" interest" requirement of 10 C.F.R. H 2.714.

The petitioner has identified as her concern the matter of emergency planning, which the Staff believes sufficiently identifies an area of intervenor interest to meet the aspect requirement of 10 C.F.R. 5 2.714.

For the reasons stated above, the Board should find that the petitioner has satisfied the requirements of 10 C.F.R. 5 2.714 with respect to standing. Since petitioner may submit her contentions with the required specificity of 10 C.F.R. 5 2.714(b) at any time up to 15 days prior to the holding of the first prehearing conference, it is premature for the Board to rule now on the adequacy of the petition as a whole to satisfy the regulations.

Respectfully submit ed, WLetA M wu e Myronf(arman Counsel for NRC Staff Dated at Bethesda, Maryland this 22nd day of January,1981.

1/ See Appendix I to 10 C.F.R. Part 50.

2] Virginia Electric and Power Company (North Anna Power Station, Units 1 and 2) ALAB-146, 6 AEC 631 (1973).

UNITFD STATES OF ;'i;!CA NUCL EAR REr;UL;a GT,( s. ;Iss]D" BEFORE THE ATOMIC SAFETY AND LICENSli;G BOARD In.the Matter of

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KANSAS GAS AND ELECTRIC COMPANY &

Docket No. 50-482 KANSAS CITY POWER & LIGHT COMPANY

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(Wolf Creek Generating Station, UnitNo.1)

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CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF ANSWER TO PETITION FOR LEAVE 70 INTERVENE OF WANDA CHRISTY in the above-captioned proceeding have been :crved on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Cornission's internal mail system, this 22nd day of January,1981.

Treva J. Hearne, Esq.

Docketing and Service Section Assistant General Counsel Office of the Secretary P. O. Box 360 U.S. Nuclear Regulatory Camirsion Jefferson City, Mo.

65102 Washington, D.C.

20555 Jay Silberg, Esq.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C.

20006 Wanda Christy 515 N. 1st Street Burlington, Ks.

66839 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555

  • Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Connission Washington, D.C.

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