ML20003A660
| ML20003A660 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 02/02/1981 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8102040587 | |
| Download: ML20003A660 (4) | |
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UtilTED STATES OF A'tE11CA
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IM BEFORE TltE AT0' TIC SAFETY A':D LICE'IS!*!'s po MO w
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!:;':515 GAS A'm ELECTRIC C01PA'iY &
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KA 'SAS C:TY POWER & LIGHT CO' PANY
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(Wolf Creek Cenerating Station, U' lit '!o. 1)
NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE OF KANSANS FOR SENSIBLE ENERGY (KASE)
On December 18, 1980, the Nuclear Regulatory Connission (Co,nission) published in the Federal Register (45 Fed. Reg. 83360) a notice of oppor.
tunity for a hearing on the application for an operating license for the Wolf Creek Canerating Station, Unit No.1.
The notice provided that any person tehose interest may be affected night file a petition for leave to intervene no later than January, 19, 1981.
On January 19, 1981 the.onmission received an undated petition for leave to intervene from Kansans For Sensible Ent rgy (KASE).
The petition-alleges that it is being filed on behalf of "a citizens group of people who will be directly af rected by the operation of the !!olf Creek Nuclear Pc.ver Pl a n t".
In addition the petition cites some reasons for intervention.
There are twelve signatories to the petition.
8102 0 4o gg 7
For the reasons set forth below, the Staff is of the opinion that as of this time, the petitioners have not demonstrated standing within the purview of 10 C.F.R. 6 2.714 and agency decisions. To establish standing, the prc. sions of 10 C.F.R. 6 2.714(a)(2) require that a petitioner to an NRC proceeding shall:
1.
Set forth the " interest" of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasons why petitioner should be pemitted to inter-vene; and 2.
Identify the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.
While there are twelve signatories to the petition there is no allega-tion that any of the signatories have the required interest individually to qualify under the standing requirements of 10 C.F.R. i 2.714.II The peti-tioners have identified a number of contentions which may not ultimately prove admissible at the prehearing conference to rule on contentions, but which the staff believe sufficiently identify areas of intervenors interest to meet the aspect requirement of 10 C.F.R. I 2.714.
For the reasons stated above, the Board should find that the petitioners have not, at this time satisfied the requirements of 10 C.F.R. I 2.714 with 1/
Virginia Electric & Power Co. (North Anna Nuclear Power Station, Units 1 and 2) ALAB-536, 9 NRC 402, 404 (1979).
Detroit Edison Co.
(Enrico Femi Atomic Power Plant, Unit 2), 9 NRC 73, 77 (1979).
b respect to standing. The Staff feels that petitioners should be given an opportunity to demonstrate the " interest" of at least one of its members.
Since petitioners may submit contentions with the required specificity of 10 C.F.R. 9 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 regulation.
Respectfully submitted M
Myr rnan Cou el for NRC Staff Dated at Bethesda, Maryland this 2nd day of February
,1981.
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UNITED STATES OF AMERICA I
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETV AND LICENSING BOARD In the Matter of KANSAS GAS AND ELECTRIC COMPANY &
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Docket No. 50-482 KANSAS CITY POWER & LIGHT COMPANY (Wolf Creek Generating Station,
)
Unit No. 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF ANSWER TO PETITION FOR LEAVE TO INTERVENE OF KANSANS FOR SENSIBLE ENERGY (KASE) 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 mail system, this 2nd day of February 1981.
James P. Gleason, Esq., Chairman Atomic Safety and Licensing 513 Gilmoure Drive Board Panel Silver Spring, MD 20901 U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Dr. George C. Anderson Department of Oceanography Docketing and Service Section University of Washington Office of the Secretary Seattle, Washington 98195 U.S. Nuclear Regulatory Comission Washington, D.C.
20555
- Dr. J. Venn Leeds 10807 Atwell Houston, Texas 77096 Kansans for Sensible Energy P.O. Box 3192 Treva J. Hearne, Esq.
Assistant General Counsel P.O. Box 360 Mary Ellen Salava 90ute 1 Bux CC Jefferson City, Mo. 65102 Burlint. tan, Kansas 663M Jay Silberg, Esq.
l Shaw, Pittman, Potts & Trowbridge l
1800 M Street, N.W.
l Washington, D.C.
20006 Wanda Christy 515 N. 1st Street l
Burlington, Kansas 66839 l
Atomic Safety and Licensing i
Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Myr Karman Co sel for NRC Staff 1
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