ML20024F921
| ML20024F921 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 12/05/1990 |
| From: | Chan E NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| References | |
| CON-#490-11157 PLED-901205, RS, NUDOCS 9012270156 | |
| Download: ML20024F921 (9) | |
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4 UNITED STATES OF AhiERICA
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NUCLEAR REGULATORY COMMISSION 90 EC -5 m :45 BEFORE THE COMMISSION l
In the Matter of
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NORTHERN STATES POWER
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Docket Nos. 7210 COMPANY
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50 282/306
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-(Prairie Island Independent Spent
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Fuel Storage Installation)
)
NRC STAFF RESPONSE TO NOTICE OF INTERVENTION AND MOTION TO INTERVENE OF Tile MINNESOTA DEPARTMENT OF PUBLIC SERVICE
- AND THE ENVIRONMENTAL QUALITY BOARD Elaine L Chan Counsel for NRC Staff December 5,1990 -
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UNITED STATES OF AhiERICA NUCLEAR REGULATORY COhihilSSION DEFORE THE COhihilSSION In the hiatter of
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NORTHERN STATES POWER
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Docket Nos. 7210 COhiPANY
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50 282/306
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(Prairie Island Independent Spent
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Fuel Storaga Installation)
)
NRC STAFF RESPONSE TO NOTICE OF INTERVENTION AND hiOTION TO INTERVENE OF THE hilNNESOTA DEPARThiENT OF PUBLIC SERVICE AND THE ENVIRONhiENTAL OUALITY BOARD._.
INTRODUCTION On October 19, 1990, the NRC published notice of its connderation of the August 31, 1990 applicatic' filed by Northern States Power Company ("NSP")
under 10 C.F.R. Part 72 to construct and operate an independent spent fuel storage installation ("lSFSI") at NSP's Prairic Island Nuclear Generating Plant site. 55 Fed. Reg. 42527 (1990). The notice provided that any person whose interest may be affected by the proceeding must file a request for hearing and a petition for leave to intervene in accordance with 10 C.F.R. $ 2.714.
On November 16, 1990, the hiinnesota Department of Public Service (hiDPS) and the hiinnesota Emironmental Quality Board (hiEOB) ("hiinnesota Agencies") filed a notice of intervention and a motion to intervene pursuant to 10 C.F.R. $ 2.714. (" Petition"). For the reasons discussed below, NRC Staff does not oppose the hiinnesota Agencies' request to intervene under 10 C.F.R. s 2.714.
2 DISCUSSION A.
StatidiDL.Jntm>1. ant &pects for Intenention Under the Atomic Energy Act and the Commission's regulations, only persons whose interest may be affected by a proceeding are permitted to intervene.
As stated in the Atomic Energy An:
In any proceeding under.his chapter, for the granting, suspending, revoking or amending of any license or construction permit, or appli-cation to transfer control,... the Commission shall grant a hearing upon the request of any person whoac interest may be affected by the proceeding, and shall admit any such person as a party to the proceeding.
42 U.S.C. 6 2239(a)(1) (emphasis added). According to the Commission's regula-tions, petitions to intervene may be filed by "any person whose interest may be affected by a proceeding.* 10 C.F.R. 6 2.714(a)(1).
Further, such petitions must:
set forth with particularity 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, with particular reference to the factors in paragraph (d)(1) of this section, and the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene.
10 C.F.R. 6 2.714(a)(2).1 3 The Commission's regulations at 10 C.F.R. 6 2.715(c) provide for the participation of representatives of an interested State, county, municipality and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the Commission without requiring the representative to take a position with respect to the issue.
(continued...)
)
i 3-In determining whether a petitioner has sufficient interest in a proceeding to be entitled to intervene as a matter of right under the Atomic Energy Act, the judicial concepts of standing are applied. Sce, e.g., Afctropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 1), CLI 83 25,18 NRC 327 (1983), citing, Portland General Electric Co. (Pebble Springs Nuclear Plant, Units I and 2),
CL176 27, 4 NRC 610 (1976). Those concepts require a showing (a) that the action will cause " injury in fact,* and (b) that the injury is " arguably within the zone of interest" protected by the statutes governing the proceeding.
- TAfl, 18 NRC at 332. Further, in order to establish standing, the petitioner must show (1) that he has personally suffered a distinct and palpable harm that constitutes injury in fact, (2) that the injury fairly can be traced to the challenged action, and (3) that the injury is likely to be redressed by a favorable decision in the proceeding. Dellums v. NRC, 863 F.2d 968. 971 (D.C. Cir.1988).
The Petition states that the MDPS is the administrative agency responsible for enforcing state laws regulating public utilities and for enforcing orders of the Minnesota Public Utilities Commission.
State law charges MDPS with representation of the interests of Minnesota residents, businesses, and governments
'(... continued)
The Minnesota Agencies have not sought to intervene in this capacity, but instead seek to intenene pursuant to 10 C.F.R. f 2.714 and propose to file contentions.
See Petition at 1,4 5 Absent the admission of a litigable issue in the preceeding, it is not clear that the Minnesota Agencies could participate pursuant to 10 C.F.R.
f 2.715(c). Sce, e.g., Rochester Gar & Electric Corp. (R.E, Ginna Nur. lear Plant, Unit 1), LBP 84 34,20 NRC 769 (1984) (proceeding terminated upoa withdrawal of sole intervenor where the only other participant was an interested state).
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before agencies outside the state that implement national energy policy. Petition 2
at 2.
The Petition states that MEQB is an independent decision making body i
staffed by the State Planning Agency and is responsible for developing environ.
mental policy and administering the state's Emironmental Review, Critical Areas, i
and Power and Plant Siting Programs. Petition at 2.
De hiEOB is preparing a discretionary Environmental Impact Statement (EIS) on the proposed dry cask storage facility for spent nuclear fuel rods at the Prairie Island Nuclear Generating Plant. Issues raised during the EIS scoping process include potential environ-mental impacts of the proposed project, monitoring the stored fuel, and security for the dry cask ISFSt. Id. at 4 5. Public meetings on the draft EIS will be held in December 1990 and written comments will be accepted until January 1991. Id.
at 5.
The hiinnesota Agencies state that they will not be able to frame contentions regarding the ISFSI "until the Draft EIS is complete and public comments [are) received." /d.
The hiinnesota Agencies state that, as regulators and as representatives of hiinnesota citizens who have interests which may be directly and substantially affected by the outcome of this proceeding, they have an interest in protecting the health and safety of hiinnesota's people and the quality of its environment.
Petition at 4.
They claim that the granting of the requested license has "the potential for significant effects on the State of hiinnesota," Petition at 3, and the 1
hiinnesota Agencies are concerned about such issues as "the potential environ-
w 5-mental impacts of the proposed project, monitoring of the stored fuel, and security for the dry cask ISFSI,* P*tition at 4 5.
By describing their legal responsibilities and authority to represent the interests of the residents, businesses and governments of hiinnesota, how those interests may be affected by the results of this proceeding, and setting forth issues (safety and environmental) within the scope of the proceeding, the hiinnesota Agencies have established their standing to intervene and identified specific aspects for intervention. Accordingly, the Staff does not oppose granting the hiinnesota i
Agencies' request to intervene provided they can proffer a litigable contention in accordance with 10 C.F.R. i 2.714(b)(2).
B.
Request to Delay IIcaring/ Action on Amendment Application and Petition SupSlement The hiinnesota Agencies included in their Petition a " request that any federal hearing or action on the license application be taken no sooner than February of 1991 to allow time for state actions [regarding the state EIS) to be completed and for the... preparation of the required supplement to this petition listing any contentions." Petition at 5.
The NRC Staff does not oppose the hiinnesota agencies' request. The Staff does not plan to act on the application prior to that date and, as previously indicated by Applicants,2 the Staff does not 2 Northern States Power Company's (1) Answer to Notice of Intervention and hiotion to Intervene of the hiinnesota Department of Public Service and the l
Environmental Quality Board and (2) hiotion for Further Scheduling, dated December 3,1990, at 2 3. There the Applicant asked that the Atomic Safety and Licensing Board appointed to preside over this proceeding schedule the submission of contentions and the prehearing or special prehearing conference in February 1991, in order to permit the hiinnesota agencies to evaluate public comments on (continued...)
object to the scheduling of the petition supplernent, and any prehearing conference held, for February 1991.
CONCLUSION l
For the reasons discussed above, the NRC Staff does not oppose the Minnesota Agencies' request to intervene provided they can proffer a litigable contention pursuant to 10 C.F.R. f 2.714(b)(2). In addition, the Staff does not object to their request to hold the proceeding in abeyance until February 1991, pending issuance, and receipt and review of comments on, the MEQI3's draft EIS on the proposed Prairie Island ISFSI.
Respectfully subrnitted, I
u Elaine I. Chan Counsel for NRC Staff Dated at Rockville, Maryland this 5th day of December,1990 2(... continued) the draft EIS prior to filing their contentions on issues that might be raised in the comments.
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l UNITED STATES OF AhiERICA l
-NUCLEAR REGULATORY COhihilSSION g gc.5 A11:45 j
BEFORE THE COMhilSSION ygg
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NORTHERN STATES POWER
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Docket Nos. 7210 COhiPANY
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50 282/306
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(Prairic Island Independent Spent
)
1 Fuel Storage Installation)
)
i NOTICE OF APPEARANCE Notiec is hereby given that the undersigned attorney enters an appearance in the above. captioned matter, in accordance with 10 C.F.R., i 2.713(b), the following information is provided:
e Name:
Elaine I. Chan
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Address:
U.S. Nuclear Regulatory Commission
-Office of the General Counsel Washington, D.C. 20555 Telephone Number:
- (301) 492 1583 Admission:
. District of Columbia Court of Appeals NRC Staff.
Name of Party:
Respectfully submitted, j
Elaine 1. Chan Counsel for NRC Staff Dated at Rockville, hiaryland this 5th day of. December,1990 i.
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1 r ! l~ U UNITED STATES OF AhiERICA NUCLEAR REOUIATORY COhihilSSION BEFORE Tile COhihilSSION
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.I In the hiatter of
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)
NORTHERN STATES POWER
)
Docket Nos. 7210 COhiPANY
)
50-282/306
)
(Prairie Island Independent Spent
)
Fuel Storage Installation)
)
CERTIFICATE OF SERVICE I hereby certify that copies of *NRC STAFF RESPONSE TO NOTICE OF INTERVENTION AND hiOTION TO INTERVENE OF THE hilNNESOTA DEPARThiENT OF PUBLIC SERVICE AND THE ENVIRONhiENTAL QUALITY BOARD" and " NOTICE OF APPEARANCE" for Elaine 1. Chan 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 5th day of December,1990:
Atomic Safety and Licensing Gretchen Sabel Board Panel'(6) hiinnesota State Planning Agency U.S. Nuclear Regulatory Commission 300 Centennial Building Washington, DC 20555 658 Cedar Street St. Paul, hiN 55155 Jay Silberg, Esq.
Shaw, Pittman, Potts & Trowbridge William Grant 2300 N Street, N.W.
hiinnesata Department of Public Washington, D.C. 20037 Service 150 East Kellogg Boulevard hiary Jo hiurray St. Paul, hiN 55101 Special Assistant Attorney General 1100 Bremer Tower Office of the Secretary'(16)
Seventh Place at hiinnesota Street Attn
- Docketing & Service Branch St. Paul, hiN 55101 U.S. Nuclear Regulatory Commission Washington, DC 20555 w
Elaine 1. Chan Counsel for NRC Staff
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