ML20023A825
| ML20023A825 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 10/18/1982 |
| From: | Bachmann R, Mcgurren H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA2, NUDOCS 8210200055 | |
| Download: ML20023A825 (4) | |
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't 10/18/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tHISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of WISCONSIN ELECTRIC POWER COMPANY
)
Docket Nos. 50-266 - OLA2
)
(Point Beach Nuclear Plant,
)
Units 1 and 2)
)
NRC STAFF RESPONSE TO DECADE'S AMENDMENT TO PETITION FOR LEAVE TO INTERVENE I. Introduction f
On August 10, 1982, a " Petition for Leave to Intervene and Petition for Hearing" (Petition) was filed by Peter Anderson on behalf of Wisconsin's Environmental Decade (Decade or Petitioner). The Petition was filed pursuant to a notice published in the Federal Register on July 12, 1982, entitled " Proposed Issuance of Amendment to Facility Operating License" (47 Fed. Reg. 30125-26). The proposed amendment wuuld j
permit the Licensee to replace the two steam generators in Point Beach Nuclear Plant, Unit 1.
Both the Licensee and the Staff filed responsesM to Decade's Petition, which noted defects in the Petition with respect to i
l Decade's standing to intervene in this proceeding.
On September 28, 1982, a document entitled " Amendment to Petition for Leave to Intervene and Petition for Hearing" (Amendment) was filed on behalf of Decade by Peter Anderson. For the reasons stated below, the Staff believes that Decade's Amendment has established that it has standing to intervene in this proceeding.
If
" Licensee's Answer to Decade's Petition for Leave to Intervene and Petition for Hearing," filed August 24, 1982; " Response of the NRC Staff to Petition for Leave to Intervene Filed by Decade" (Response),
filed August 30, 1982.
DESICNATED ORIGINAD' M 10 '2,0 0055 g
cortirica si M
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g II. Discussion In the Response of the NRC Staff to Decade's Petition, the Staff noted that Decade had failed to state an interest sufficient to support standing of Decade to intervene in this proceeding on its own behalf or on behalf of its members. Response at 7, 8.
With regard to establishing standing on behalf of its members, Decade's petition for leave to inter-vene expressed concern for the health and safety of certain members of its organization and demonstrated that such members reside in " geographical proximity" to Point Beach, Unit 1.
See Virginia Electric and Power Co.
(North Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631, 633-34 (1973). However, the Staff noted, citing Houston Lighting and Power Co.
(Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 NRC (1979),
that Decade's Petition had failed to provide a concrete indication that any one of its members had authorized Decade to represent his interest in this proceeding. Response at 8.
Although it is not a standing require-ment, the Staff also noted that 10 C.F.R. 5 2.713 had not been complied with in that Peter Anderson has not provided any indication from Decade that he has been authorized to represent Decade in this proceeding.2_/
Id. As is discussed, infra, Decade has cured the deficiency noted by the Staff with respect to standing.
It has failed, however, to demonstrate that Decade has authorized Peter Anderson to petition for leave to intervene in this proceeding on behalf of Decade.
As noted above, the Staff argued that Decade's petition was deficient in that it did not provide the requisite indication that
~~2/
10 C.F.R. 5 2.713 provides that any person, who is not an attorney, appearing in a representative capacity must file a written notice of appearance which states the basis of his or her authority to act on behalf of the party.
. the members wished to have their interests represented in this proceeding by Decade.
_I d_. The Staff believes that this deficiency has been cured by the Affidavit of Peter Anderson filed on September 28, 1982, which attaches statements of two of Decade's members, Mr. Kortens and Mr. Dworak.
These statements clearly indicate authorization by each member that Decade is to represent his interest in this proceeding. Accordingly, the Staff believes that Decade has satisfied the standing requirements of 10 C.F.R. 5 2.714. However, until Peter Anderson, the signer of the Petition, demonstrates in compliance with 10 C.F.R. 5 2.713 his authority to act on behalf of Decade, it will not be clear whether Decade has authorized intervention in this proceeding.
III. Conclusion For the reasons given above, the Staff believes that Decade has now established standing to intervene in this proceeding.E Respectfully submitted, s'.
Richard G. Bachmann Counsel for flRC Staff I
A
(
, / !/(
y 7
er McGurren Cou ef for f4RC Staff Dated at Bethesda, Maryland 1
this 18th day of October, 1982 i
3/
Decade still has the burden of filing a supplement to its Petition 1
which must include one good contention in accordance with 10 C.F.R. 5 2.714(b) in order to be admitted as an intervenor.
r
f i
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0411SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket Nos. 50-266 - OLA2 WISCONSIN ELECTRIC POWER COMPANY (PointBeachNuclearPlant, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO DECADE'S AMENDMENT TO PETITION FOR LEAVE TO INTERVENE" 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 Comis-sion's internal mail system, this 18th day of October,1982.
Peter B. Bloch, Chairman
- Bruce Churchill, Esq.
Administrative Judge Gerald Charnoff, Esq.
Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Comission 1800 M Street, N.W.
Washington, DC 20555 Washington, DC C0036 Dr. Hugh C. Paxton Atomic Safety and Licensing Board Administrative Judge Panel
- 1229 - 41st Street U.S. Nuclear Regulatory Comission Los Alamos, New Mexico 87544 Washington, DC 20555 Dr. Jerry R. Kline*
Atomic Safety and Licensing Appeal Administrative Judge Panel (5)
Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 Peter Anderson Docketing and Service Si.ation*
Wisconsin's Environmental Decade Office of the Secretary 114 North Carroll Street U.S. Nuclear Regulatory Comission Madison, WI 53703 Washington, DC 20555
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He6ry Iklfurrein Couns for NRC Staff f
.