ML20024A530
| ML20024A530 | |
| Person / Time | |
|---|---|
| Site: | Washington Public Power Supply System |
| Issue date: | 06/16/1983 |
| From: | Wagner M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8306170411 | |
| Download: ML20024A530 (5) | |
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,o June 16, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY f,dD LICENSING BOARD 4
In the Matter of
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WASHINGTON PUBLIC POWER SUPPL) SYSTEM
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Docket No. 50-460 OL
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(WPPSS Nuclear Project No.1)
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NRC STAFF'S POSITION REGARDING PETITIONER'S STANDING TO INTERVENE I.
INTRODUCTION On September 10, 1982, theCoalitionforSafePower(CFSPor Petitioner) filed a timely request for hearing and petition for leave to intervene, but failed to disclose a name and address of at least one member upon whom it based its standing to intervene in this proceeding.
On October 13, 1982, the Licensing Board issued a Memorandum and Order requiring, inter alia, that the name and address of at least one member with standing must be supplied.
On Ncvember 2, 1982, Petitioner filed an amendment to its request for hearing and petition for leave to intervene, attaching an affidavit of a Mr. Larry L. Caldwell ano relying upon that affidavit to establish its standing. At the first prehearing conference on January 26, 1983, CFSP disclosed that Mr. Caldwell had become a member of CFSP only at the time he signed the affidavit (which was after the Septem-ber 15, 1982 deadline for filing of a timely petition), but that Peti-
'tioner had two other members within a 50 mile radius of the plant who had authorized Petitioner to represent their interest in this proceeding 830617G411 830616 -
DESIGUATED ORIGINAL PDR ADOCK 05000460 0
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t at the time of Petitioner's September 10 filing. Tr. 90-91. CFSP agreed to disclose the names and addresses of these members if the Board issued a protective order which would preclude public dissemination of their names, stating that the individuals feared harassment if their identities became known. Tr. 91-92, 98-99.
By Memorandum and Order of March 15, 1983, the Board held that the late-filed Caldwell affidavit did not establish standing and issued a protective order under which Petitioner was to disclose to the Board and parties the names and addresses of those individuals upon whom it based its representational standing. By letter of April 26, 1982 to the Board, CFSP disclosed the name and address of the individual upon whom it relies to establish standing in this proceeding.
Pursuant to the Board's Memorandum and Order of May 25, 1983 in this proceeding, the Staff hereby submits its position on whether Petitioner has established standing in this proceeding.
On the basis of the infor-mation contained in Petitioner's April 26, 1982 letter to the Board, the Staff believes that Petitioner has met the interest requirements cf 10 CFR 9 2.714 and should be admitted as a party to this proceeding if the Board finds that it has submitted at least one litigable contention. _
II. DISCUSSION
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When an organization claims standing based on the interests of its members, at least one of its menbers must have standing in his or her own right, the organization must identify (by name and address) specific individual members whose interests may be affected, and the organization must demonstrate that such members have authorized the organization to
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J represent their interests in the proceeding. Houston Lighting & Power Co.
(Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 NRC 377, 393-97 (1979); Public Service Electric & Gas Co. (Salem Nuclear Generating Station, Units 1 and 2), ALAB-136, 6 AEC 487, 488-89 (1973). /
ic. its letter, Petitioner has identified a member who lives in Richland, Washington, which is approximately 15 miles from the WNP-1 facility. Generally, the close proximity of a petitioner's residence is presumed sufficient to satisfy the interest requirements of Q 2.714.
Armed Forces Radiobiology Research Institute (Cobalt-60 Storage Facility),
ALAB-682, 16 NRC 150, 153-54 (1982); Houston Lighting & Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 NRC 377, 393, citing Virginia Electric & Power Co. (North Anna Nuclear Power Station, Units 1 and 2), ALAB-522, 9 NRC 54, 56 (1979).
In the past, residential distances of up to 50 miles have been found to be not so great as to necessarily preclude a finding of standing in licensing proceedings.
See e.g., Portland General Electric Co. (Trojan Nuclear Plant), ALAB-496, 8 NRC 308 (1978) (40 niles); Virginia Electric & Power Co. (North Arna Power Station, Units 1 and 2), ALAB-416, 6 AEC 631, 633-34 (1973)
(residency within 30-40 miles sufficient to show interest in raising safety questions); Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2), ALAB-413, 5 NRC 1418, 1421 at n.4 (1977). The one member
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For a fuller discussion of the establishment of standing to intervene by an organization, see "NRC Staff Response to Coalition for Safe Power Request for Hearing and Petition for Leave to Intervene" dated September 20, 1982, filed in this proceeding.
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-4' identified by CFSP, residing within 15 miles of WNP-1, can be presumed presumed to have an interest that could be affected by the instant proceeding and, thus to have standing.
In turn, CFSP has standing through the interest of its member.
III.
CONCLUSION For the foregoing reasons, Petitioner CFSP has established standing in this proceeding. With the submission of at least one litigable contention in accordance with the requirements of 10 CFR l 2.714, CFSP should be admitted as a party to the proceeding.
Respectfully submitted,
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Y1b Counsejfor NRC(I Mary E dagner Staff Dated at Bethesda, Maryland this 16th day of June 1983.
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f UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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WASHINGTON PUBLIC POWER SUPPLY SYSTEM
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Docket No. 50-460 OL
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(WPPSSNuclearProjectNo.1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S POSITION REGARDING PETITIONER'S STANDING 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, by deposit in the Nuclear Regulatory Commission's internal mail system this 16th day of June 1983:
- Herbert Grossman, Chairman Gerald C. Sorensen Administrative Judge Manager, Licensing Programs Atonic Safety and Licensing Board Washington Public Power Supply System U.S. Nuclear Regulatory Commission 3000 George Washington Way Washington, DC 20555 Richland, Washington 99352
- Glenn 0. Bright
- Atomic Safety and Licensing Administrative Judge Board Panel f,tomi:. Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555
- Atomic Safety and Licensing Appeal
- Dr. Jerry Harbour Board Panel Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555
- Docketing & Service Section U.S. Nuclear Regulatory Commission Nicholas S. Reynolds Washington, DC 20555 Debevoise & Liberman 1200 Seventeenth Street, NW Nicholas D. Lewis, Chairman Washington, DC 20036 State of Washington Energy Facility Site Evaluation Eugene Rosolie Council Coalition for Safe Power Mail Stop PY-11
' Suite 527 Olympia, Washington 98504 408 South West Second Street Portland, Oregon 97204 h
b) ' G Mary E/ Wagnerd Counsel for NRC Staff r_.