ML20024F322
| ML20024F322 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/06/1983 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 8309090274 | |
| Download: ML20024F322 (9) | |
Text
-
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION t
In the Matter of METROPOLITAN EDISON COMPANY, ET AL.)
Docket No. 50-289 (Three Mile Island Nuclear Station, Unit No. 1)
)
NRC STAFF'S ANSWER TO THE WASHINGTON LEGAL FOUNDATION'S MOTION FOR LEAVE TO MOVE TO DISQUALIFY COMMISSIONER GILINSKY
?
a September 6, 1983 Jack R. Goldberg Counsel for NRC Staff DESIGNATED OItI INAk rx, 8309090274 830906 3x *
{DRADOCK05000 Cortifica By _
yg c
ff v
\\
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of METROPOLITAN EDISON COMPANY, ET AL.)
Docket No. 50-289 (Three Mile Island Nuclear Station, Unit No. 1)
)
NRC STAFF'S ANSWER TO THE WASHINGTON LEGAL FOUNDATION'S MOTION FOR LEAVE TO MOVE TO DISQUALIFY COMMISSIONER GILINSKY September 6, 1983 Jack R. Goldberg 1
Counsel for NRC Staff
UNITED STATES OF AMERICA NUCLEAR REGULATORY CO MISSION BEFORE THE COMMISSION In the Matter of METROPOLITAN EDISON COMPANY, ET AL.
Docket No. 50-289 (Restart)
(Three Mile Island Nuclear Station, Unit No. 1)
NRC STAFF'S ANSWER TO THE WASHINGTON LEGAL FOUNDATION'S MOTION FOR LEAVE TO MOVE TO DISQUALIFY COMMISSIONER GILINSKY I.
INTRODUCTION On August 17, 1983, the Washington Legal Foundation ("WLF") filed a
" Motion for Leave of the Washington Legal Foundation to File the Attached Motion to Disqualify Comissioner Victor Gilinsky from Further Participation in the Above-Captioned Proceeding" (" Motion"). WLF moves to intervene in the TMI-1 restart proceeding or to make a limited l
appearance for the purpose of filing its " Motion of the Washington Legal l
l Foundation to Disqualify Comissioner Victor Gilinsky." For the reasons l
set forth below, the Staff opposes WLF's motion to intervene or make a limited appearance for the purpose of moving to disqualify Comissioner Gilinsky. Because WLF has provided no basis, and there appears to be no i-basis, for WLF to intervene or make a limited appearance solely to move to disquaify Comissioner Gilinsky, the Staff takes no position on the merits of WLF's unauthorized motion to disqualify Comissioner Gilinsky.
l
~
l II. DISCUSSION WLF seeks late intervention in the restart proceeding solely to move to disqualify Comissioner Gilinsky from further participation in thisproceeding.E Yet WLF makes no attempt to satisfy the Comission's standards for intervention.U WLF's sole expressed interest in " reduc [ing] regulatory excess, increas[ing] regulatory efficiency, and insur[ing] the integrity of the administrative process" (Motion at 2) is nothing more than a generalized interest shared in substantially equal measure by all or a large class of citizens and would normally be insufficient to confer standing. Edlow International Co., CLI-76-6, 3 NRC563,576(1976).
11oreover, WLF's request to intervene in the THI-1 restart proceeding is, without question, nearly four years late, yet WLF does not even address the five factors to be balanced in ruling on late petitions to intervene. See 10 CFR 5 2.714(a'). Whether or not the issuance of Comissioner Gilinsky's tentative views in June 1983 provides good cause y
WLF is not a party to the proceeding and no admitted party to the proceeding has affirmatively moved for disqualification of Comissiener Gilinsky. Nor has the Comission itself undertaken such action sua sponte.
In these circumstances, WLF's motions cannot appropriately be viewed as briefs amicus curiae in support of actions properly requested by a party or in support of actions being considered sua sponte by the Comission. See 10 CFR 52.715(d).
2f 10 CFR f 2.714 requires a petitioner to demonstrate the nature 4
of its right under the Atomic Energy Act to be made a party to the proceeding and to show petitioner.'s property, financial or other interest in the proceeding.
- 4
^=
2
.n.w.c w wee a-p - es%-
W e-w sve%-= = gag e m-9w---s-%-e=*%we,n-%e++e=,e a.e-
=%
eye e-#
4,-*e.-#n,me.
for WLF's late petition to intervene (a matter on which the Staff expresses no view), WLF was required by Commission caselaw to demonstrate that a balancing of all five factors for late intervention warrants admission at this late date. See Duke Power Company (Catawba Nuclear Station, Units 1
& 2), CLI-83-19, slip op. at 5, 9 (June 30, 1983). This it failed to do.
WLF's petition to intervene, therefore, is fatally defective on its face and should be denied summarily. Duke Power Company (Perkins Nuclear Station, Units 1,2and3),ALAB-615,12NRC350,353(1980)'(anintervention petition which is patently deficient is a fit candidate for denial).
Neither should WLF be permitted to make a limited appearance for the purpose of moving to disqualify Commissioner Gilinsky. The time for limited appearance statements has long passed. More importantly, a person making a limited appearance is not a party to the proceeding and, therefore, has no right to file motions seeking affirmative relief.
10CFR62.715(a);seealsoMetropolitanEdisonCo.etal.(ThreeMile Island Nuclear Generating Station, Unit 2), ALAB-454, 7 NRC 39 (1978).
In sum, WLF has demonstrated no interest in the proceedirg that would entitle it to seek to disqualify Commissioner Gilinsky or to seek I
any other relief in the proceeding.
i
{
l III. CONCLUSION WLF's motion for leave to intervene, or make a limited appearance, for the purpose of filing a motion to disqualify Connissioner Gilinsky is wholly unsupported and deficient on its face. WLF has failed to demonstrate that it has any cognizable interest that would entitle it in 4
m e
y v
- c w
p-m
4-any way to seek disqualification of a Commissioner or other relief.
Its motion should be denied summarily.
Respectfully s bmitted,
,d/ N ack R. Goldberg Counsel for NRC Staff l*
Dated at Bethesda, Maryland this 6th day of September, 1983 1
s G
S 4
s f'
i t
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of METROPOLITAN EDIS0N COMPANY, ET AL.
Docket No. 50-289 (Three Mile Island Nuclear Station, Unit No. 1)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO THE WASHINGTON LEGAL FOUNDATION'S MOTION FOR LEAVE TO MOVE TO DISQUALIFY COMMISSIONER GILINSKY" 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 Comission's internal mail system, this 6th day of Septgmber 1983:
- Samuel J. Chilk
- Christine N. Kohl Secretary of the Commission Administrative Judge U.S. Nuclear Regulatory Comission Atomic Safety & Licensing Appeal Washington, DC 20555 Board U.S. Nuclear Regulatory Comission
- Herzel H. E. Plaine, General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555
- John H. Buck Administrative Judge
- Ivan W. Smith Atomic Safety & Licensing Appeal Administrative Judge Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 George F. Trowbridge, Esq.
Dr. Walter H. Jordan Shaw, Pittman, Potts & Trowbridge Administrative Judge 1800 M Street, NW 881 W. Outer Drive Washington, DC 20036 Oak Ridge, Tennessee 37830 Douglas R. Blazey, Esq.
Dr. Linda W. Little Chief Counsel Administrative Judge Department of Environmental Resources 5000 Hermitage Drivo 514 Executive House, P.O. Box 2357 Raleigh, North Carolina 27612 Harrisburg, PA 17120 Mr. Thomas Gerusky
- Gary J. Edles, Chairman Bureau of Radiation Protection Atomic Safety & Licensing Appeal Dept. of Environmental Resources Board P. O. Box 2063 U.S. Nuclear Regulatory Comission Harrisburg, PA 17120 Washington, DC 20555
Gary L. Milho111n, Esq.
Honorable Mark Cohen 1815 Jefferson Street 512 D-3 Main Capital Building Madison, WI 53711 Harrisburg, PA 17120 Mr. Marvin I. Lewis William S. Jordan, III, Esq.
6504 Bradford Terrace Harmon & Weiss Philadelphia, PA 19149 1725 I Street, NW Suite 506 Mr. C. W. Smyth, Supervisor Washington, DC 20006 Licensing TMI-1 Three Mile Island Nuclear Station John Levin, Esq.
P. O. Box 480 Pennsylvania Public Utilities Comm.
Middletown, PA 17057 Box 3265 Ms. Marjorie Aamodt R.D. #5 Jordan D. Cunningham, Esq.
Coatesv111e, PA 19320 Fox, Farr and Cunningham 2320 North 2nd Street Gail Phelps Harrisburg, PA 17110 ANGRY /TMt PIRC
~
1037 Maclay Street Louise Bradford Harrisburg, PA 17103 Three Mile Island Alert 1011 Green Street Allen R. Carter, Chairman Harrisburg, PA 17102 Joint Legislative Comittee on Energy Post Office Box 142 Ms. Ellyn R. Weiss Suite 513 Harmon & Weiss Senate Gressette Building 1725 I Street, NW Columbia, South Carolina 29202 Suite 506 Washington, DC 20006 Chauncey Kepford Judith Johnsrud Mr. Steven C. Sholly Environmental Coalition on Nuclear Power Union of Concerned Scientists 433 Orlando Avenue 1346 Connecticut Avenue, NW State College, PA 16801 Dupont Circle Building, Suite 1101 Washington, DC 20036 Ms. Frieda Berryhill, Chairman Coalition for Nuclear Power Plant
- Dr. Lawrence R. Quarles Postponement Atomic Safety & Licensing Appeal 2610 Grendon Drive Board Wilmington, Delaware 19808 U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Henry D. Hukill Vice President
- Judge Reginald L. Gotchy GPU Nuclear Corporation Atomic Safety & Licensing Appeal Post Office Box 480 Board Middletown, PA 17057 U.S. Nuclear Regulatory Commission Washington, DC 20555 Michael McBride, Esq.
LeBoeuf, Lamb, Leiby & McRae Ms. Jane Lee Suite 1100 R.D. 3; Box 3521 1333 New Hampshire Avenue, NW Etters, PA 17319 Washington, DC 20036 1
David E. Cole
- Atomic Safety & Licensing Smith & Smith, P.L.
Board Panel Riverside Law Center U.S. Nuclear Regulatory Commission 2931 N. Front Street Washington, DC 20555 Harrisburg, PA 17110
- Atomic Safety and Licensing Appeal i
Michael W. Maupin, Esquire Board Panel Hunton & Williams U.S. Nuclear Regulatory Comission 707 East Main Street Washington, DC 20555 g
P. O. Box 1535 j
Richmond, VA 23212
- Docketing & Service Section Office of '.he Secretary i
U.S. Nuclear Regulatory Comission j
Washington, DC 20555 i
Jack R. Goldberg 1
Counsel for NRC Staff i
l 89 N
.,,