ML20003D181
| ML20003D181 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 03/18/1981 |
| From: | Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8103190527 | |
| Download: ML20003D181 (5) | |
Text
s 03/18/81 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0iiMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD s
In the Matter of
)
7 Docket No. 50-309 [ # g l
'A) 4 MAINE YANKEE AT0f1IC POWER COMPANY
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l (Spent Fuel)
{O{,' u,z,J g
)
(Maine Yankee Atomic Power Station) )
IL NRC STAFF RESPONSE TO THE STATE n
0F MAINE PETITION FOR LEAVE TO INTERVENE
/
wi
%Y I.
INTRODUCTION On October 24, 1979, the U.S. Nuclear Regulatory Commission (NRC) published in the Federal Register (44 Fed. Reg. 61273) notice of the pro-posed issuance of an amendment to a facility operating license to increase the flaine Yankee Atomic Power Station's spent fuel storage capacity.
On November 28,'1979, the State of Maine, by its Attorney General, notified the NRC of its intention to participate in the above proceeding as an in,terested
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State pursuant to 10 C.F.R. B 2.715(c).
Prior to the Board's convening a special prehearing conference pursuant to 10 C.F.R. 5 2.751a for the purpose of, inter alia, considering the admissibility of contentions and making detenninations as to the parties to the proceeding, the Licensee proposed a modification to its earlier amendment proposal.
Pursuant to this Board's Order of January 6,1981, the NRC then published a " Supplemental Notice of Proposed Issuance of Amendment to Facility Operating License" (46 'ed. Reg. 9315, January 28,1981).
In 1/ Only one entity, Sensible Maine Power, filed a Petition for Leave to Intervene.
Sensible Maine Power filed its petition on November 23, 1979, and filed its list of contentions on April 28, 1980.
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. response to this notice the State of Maine, acting through its Attorney General, timely filed a petition eor u ave to intervene as a full party pursuant to 10 C.F.R. 5 2.714.
II. STANDING The NRC Staff does not oppose the admission of the State as a party to this proceeding and suggests that at present it could be appropriately admitted under either the provisions of 10 C.F.R. 5 2.714 or as an interested state under the provisions of 10 C.F.R. s2.715(c).
project Manacement Coro.
(Clinch River Breeder Reactor plant), ALAB-354, 4 NRC 383 (1976).
Since the State 'has now filed its petition pursuant to 52.714, however, it must meet the " standing" requirements aoplicable to all parties in Commission proceeings. - Sierra Club v. Morton, 405 U.S. 727 (1972); Tepnessee Valley Authority (Watts Bar), ALAB-413, 5 NRC 1418 (1977); Allied General Nuclear Services (Barnwell), ALAB-328, 3 NRC 420,'423 (1976).
To establish standing, the provisions of 10 C.F.R. 92.714(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 permitted to intervene; and 2.
_ Identify the specific aspect or aspects of the subject mattr f
the proceeding as to which-petitioner wishes to intervene.
As to_ tne interest portion of Section 2.714, the NRC' Staff believes that the State of Maine has satisfactorily established its interest in the subject matter of this proceeding in its petition at pages 1 and 2.
W.
,. In addition to the " interest" requirement of 10 C.F.R. 5 2.714, a petition must also set forth with particularity the specific aspect or aspects of the subject matter of the proceeding to which a petitioner wishes to intervene.
The instant petition has set forth specific aspects of the subject matter of the proceeding to which intervention is sought by the State at pages 2 and 3.
The Staff believes that the specification provided is adequate to satisfy the requirements of 10 C.F.R. E 2.714(a)(2).
-This finding is limited to a determination as to whether the State has adequately met _the requirement of identifying the aspects of the proceeding to which intervention is sought.
Of course, Section 2.714 also contains a requirement that contentions be set forth with reasonable specificity and basis.
The contentions are not required to be filed at this time. / The j-Staff's determination above should not be construed as a finding that the State has met the contention. requirement nor that the Staff agrees with the merits of the' aspects identified by the State.
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10 C.F.R. 5 2.714(b) provides that no later than fifteen (15) days prior to the special prehearing conference held pursuant to 10 C.F.R. 5 2.714a, or prior. to.the first prehearing conference' where no special prehearing conference is held, a petitioner must supplement his petition _ to include a list of the contentions which a oetitioner seeks -
to have.liL'gGted in_the proceeding.
, III.
CONCLUSION For the foregoing reasons, the NRC Staff believes that the State of Maine has satisfied the requirements of 10 C.F.R. 5 2.714 pertinent to
" interest" and specification of " aspects of the proceeding."
Respect.'ully submitted,
/ M
?1 f _? ): G~
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Henry /8. McGurren Counsel for NRC Staff i
Dated at Bethesda, Maryland
-tnis : 18th day of liarch,1981-t 4
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UNITED STATES OF A!! ERICA NUCLEAR REGULATORY COMt1ISSION BEFuRE THE AT0ftIC SAFETY AND LICENSING BOARD In the Matter of
)
)
MAINE YANKEE ATOMIC POWER COMPANY )
Docket No. 5Ci-309
)
(Spent Fuel)
(Maine Yankee Atomic Power Station))
CERTIFICATE OF SERVICE I nereby certify that cooies of "NRC STAFF RESPONSE TO THE STATE OF ".AINE PETITION FOR LEAVE TO INTERVENE" in the above-captioned croceeding have been served on the following by deoosit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Cc=tission's internal mail system, this 18th day of March,1931:
Robert M. Lazo, Chaiman, Esc.*
John it. R. Paterson Atomic Safety and Licensing Boara Deputy Attorney General U.S. Nuclear Regulatory Cor.ission Department of the Attorney Ge.ieral Washing'on, DC 20555 State House Augusta, ME 04333 Dr. Cade H. Hand, Jr.
Director, Bodega liarine Laboratory David Santee itiller University of California Counsel for Petitioner P.O. Box 247' 2IS Morgan Street, N.W.
Bodega Bay, CA 94923 Washington, DC 20001 Mr. Gustave A. Linenberger*
Atomic Safety and Licensing Atonic Safety and Licensing Board Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC-20555 Washingcon, DC 20555 Thomas Dignan, Esq.
Atomic Safety and Licensing Ropes & Gray Appeal Board
- 225 Franklin Street U.S. Nuclear Regulatory Commission Boston, MA- 02110 Washington, DC 20555 Stanley Tupper :
Docketing and Service Section*
Tupper & Bradley Office of the Secretary 102 Townsend Avenue U.S. Nuclear Regulatory Commission Boothbay Harbor, ME 04538 Washington, DC 20555 af?Lii.
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.,Qui Henry d. McGurren Counsel -for NRC Staff