ML20031G419
| ML20031G419 | |
| Person / Time | |
|---|---|
| Site: | River Bend  |
| Issue date: | 10/19/1981 |
| From: | Conner T CONNER & WETTERHAHN, LOUISIANA POWER & LIGHT CO. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8110220408 | |
| Download: ML20031G419 (10) | |
Text
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_J UNITED STATES OF AMERICA 00CKETED ocT 2 21981* {g NUCLEAR REGULATORY COMMISSION USNRC uu.-as '
fore the Atomic Safety and Licensing Board i 21 P2:18
'y
'l gn\\
OFFICE OF SECRETARY e Matter of
)
DOCKETING & SERV!CE BRANCH
)
Gulf States Utilities Company,
)
Docket No.s, 50-458 et al.
)
50-459
)
(River Bend Station, Units 1
)
and 2)
)
APPLICANTS' ANSWER TO PETITION OF THE STATE OF LOUISIANA FOR LEAVE TO INTERVENE On September 4, 1981, the Nuclear Regulatory Commission
(" Commission" or "NRC") published a notice in the Federal Register entitled " Gulf States Utilities Co. and Cajun Elect;;ic. Power Cooperative (River Bend Station, Units 1 and 2), Receipt of Application for Facility Operating Licenses; Consideration of Issuance of Facility Operating Licenses; Availability of Applicants' Environmental Report; and Oppor-1/
tunity for Hearing"' (" Notice").~
In response to the Notice, a petition for intervention was filed by the State of Louisiana on October 5, 1981.
Under the Commission's Rules of Practice, a petition to intervene in a licensing proceeding may be granted only if the requirements of 10 C.F.R. SS2. 714 (a) (2) and (d) have b6en satisfied.
In essence, the regulations require the J/
46 Fed. Reg. 44539 (September 4, 1981).
gO220408811019' g
ADOCK 05000458 PDR
a,
petitioner to state his specific interest in the proceeding, explain how that interest may be affected by the outcome of the proceeding, and submit a statement of the specific aspect or aspects of the subject matter as to which he wishes to intervene.
Applicants, Gulf States Utilities Company and Cajun Electric Power Cooperative, do not dispute the general interest of the State in this proceeding.
With regard to the specific
" aspects" requirements of 10 C.F.R.
S2.714, the State raises five matters.
The first relates to "[t]he economic impact of the nuclear power generation within the State."
This
" aspect" is general, unfocused and beyond.the jurisdiction of the Licensing Board to consider."
The remaining four e
items are verbatim from another petition for leave to intervene in the instant proceeding,~
and for the rea. tons stated in
_2/
The Appeal Board nas held that licensing boards "are not authorized.
to require an applicant to accept or reject an alternative solely on the basis of its economic costs" because this is a business judgment for the applicant.
Illinois Power Company (Clinton Power Station, Unit Nos. 1 and 2), ALAB-340, 4 NRC 27, 48 (1976).
See also Consumers Power Company (Midland Plant, Units 1 and 2), ALAB-458, 7 NRC 155 (1978); Portland General Electric Comoany (Trojan Nuclear Plant), ALAB-531, 9 NRC 263 (1979); Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2),
ALAB-584, 11 NRC 451, 456 (1980).
3/
See Petition for Leave to Intervene in Facility
-~
operating License Proceedings dated September 30, 1981, by Louisiana Consumers League, Inc. at 2.
3,
" Applicants' Answer to Petitions of Louisianians for Safe Energy, Gretchen Rothschild, and Lcuisiana Consumers' League for Leave to Intervene," dated October 15, 1981 at 18-20, which is incorporated by reference herein, fail to establish compliance with the Commission's " specific aspect" requirement.
Tie petition must therefore be denied.
Respectfully submitted, CONNER & WETTERHAHN Troy
,nner, Jr.
Mark J. Wetterhahn Suite 1050 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20005 202/833-3500 l
Counsel for-the Applicants l
October 19, 1981
(
l i
1
6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
Gulf States Utilities Company,
)
Docket Nos. 50-458
_e t _a l.
)
50-459
)
(River Bend Station, Units 1
)
and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants ' Answer to Petition of the State of Louisiana for Leave to Intervene,"
dated October 19, 1981, in the captioned matter, have been e
served upon the following by deposit in the United States mail this 19th day of October, 1981:
Alan S.
Rosenthal, Esq.
Dr. Richard F. Cole Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
205S5 B.
Paul Cotter, Jr. Chairman Lee S.
Dewey, Esq.
I Atomic Safety and Licensing Counsel for NRC Regulatory I
Board Panel Staff U.S. Nuclear Regulatory U.S. Nuclear Regulatory l
Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 l
(
Dr.
J.
Venn Leeds James E.
Booker Rice University Gulf States Utilities Company P.O. Box 1892 P.O.
Box 2951 Houston, Texas 77001 Beaumont, Texas 77701
+.
Mr. Chase R.
Stephens Docketing and Service Section Office of the Secretarf U.S. Nuclear Regulatory Commission Washington, D.C.
20555 William J. Guste, Jr.
Attorney General Linda B. Watkins, Esq.
Staff Attorney State of Louisiana Department'of Justice 7434 Perkins Road Suite C Baton Rouge, Louisiana 70808 Mark (f. Wetterhahn I
l i
l
.__..-.e-
---r
. -. e
UNITED STATES OF, AMERICA NUCLEAR REGULATORY COMMISSIONgS$fRC C
Before the Atomic Safety and Lichig 3baP2:18 0FFICE OF SECRETARY In tne Matter of
)
00CKETING & SERVICE
)
BRANCH Gulf States Utilities Company,
)
Docket Nos, 50-458 et al.
)
50-459
)
(River Bend Station, Units 1
)
and 2)
)
APPLICANTS' ANSWER TO PETITION OF THE STATE OF LOUISIANA FOR LEAVE TO INTERVINE On September 4, 1981, the Nuclear Regulatory Commission
(" Commission" or "NRC") published a notice in the Federal Register entitled " Gulf States Utilities Co. and Cajun Electric. Power Cooperative (River Bend Station, Units 1 and 2), Receipt of Application for Facility Operating Licenses; Consideration of Issuance of Facility Operating Licenses; Availability of Applicants' Environmental Report; and Oppor-1/
tunity for Hearing"~ (" Notice"). ~
In response to the Notice, a petition for intervention was filed by the State of Louisiana on October 5, 1981.
Under the Commission's Rules of Practice, a petition to intervene in a licensing proceeding may be granted only if the requirements of 10 C.F.R. 552. 714 (a) (2) and (d) have been satisfied.
In essence, the regulations require the J/
46 Fed. Reg. 44539 (September 4, 1981).
~.
p.---.
,,--y.-,-
.n,
~ - - - -
petitioner to state his specific interest in the proceeding, explain how that interest may be affected by the outcome of the proceeding, and submit a statement of the specific aspect or aspects of the subject matter as to which he wishes to intervene.
Applicants, Gulf States Utilities Company and Cajun Electric Power Cooperative, do not dispute the general interest of the State in this proceeding.
With regard to the specific
" aspects" requirements of 10 C.F.R.
S2.714, the State raises five matters.
The first relates to "[t]he economic impact of the nuclear power generation within the State. "
This
" aspect" is general, unfocused and beyond.the jurisdiction of the Licensing Board to consider.-
The remaining four items are verbatim from another petition for leave to intervene 3/
in the instant proceeding,-
and for the reasons stated in
_2/
The Appeal Board has held that licensing boards "are not authorized.
to require an applicant to accept or reject an alternative solely on the basis of its economic costs" because this is a business judgment for the applicant.
Illinois Power Company (Clinton Power Station, Unit Nos. 1 and 2), ALAB-340, 4 NRC 27, 48 (1976).
See also Consumers Power Company (Midland Plant, Units 1 and 2), ALAB-458, 7 NRC 155 (1978); Portland General Electric Comoany (Trojan Nuclear Plant), ALAB-531, 9 NRC 263 (1979); Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2),
ALAB-584, 11 NRC 451, 456 (1980).
3/
See Petition for Leave to Intervene in Facility
~~
Operating License Proceedings dated September 30, 1981, by Louisiana Consumers League, Inc. at 2.
.. e
" Applicants' Answer to Petitions of Louisianians for Safe Energy, Gretchen Rothschild, and Louisiana Consumers' League for Leave to Intervene," dated October 15, 1981 at 18-20, which is incorporated by reference herein, fail to establish compliance with the Commission's " specific aspect" requirement.
The petition must therefore be denied.
Respectfully submitted, CONNER & WETTERHAHN O
Troy
,nner, Jr.
Mark J. Wetterhahn Suite 1050 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 202/833-3500 Counsel for-the Applicants October 19, 1981
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
Gulf States Utilities Company,
)
Docket Nos. 50-458
_e t _al.
)
50-459
)
(River Bend Station, Units 1
)
and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Answer to Petition of the State of Louisiana for *3 ave to Intervene,"
dated October 19, 1981, in the captioned matter, have been c
served upon the following by deposit in the United States mail this 19th day of October, 1981:
Alan S.
Rosenthal, Esq.
Dr. Richard F. Cole Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 B.
Paul Cotter, Jr. Chairman Lee S.
Dewey, Esq.
Atomic Safety and Licensing Counsel for NRC Regulatory Board Panel Staff U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 l
Dr.
J. Venn Leeds James E.
Booker Rice University Gulf States Utilities Company P.O. Box 1892 P.O. Box 2951 Houston, Texas 77001 Beaumont, Texas 77701
(
lI,
&bY Mr. Chase R.
Stephens Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 William J. Guste, Jr.
I Attorney General Linda B.
Watkins, Esq.
i Staff Attorney State of Louisiana Department of Justice 7434 Perkins Road Suite C Baton Rouge, Louisiana 70808
/
Mark (f. Wetterhahn l
l l
-