ML20032C909
| ML20032C909 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/10/1981 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111120387 | |
| Download: ML20032C909 (8) | |
Text
November 10, 1981 UNITED STATES OF A!! ERICA NUCLEAR REGULATORY C0t1 MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD f
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PHILADELPHIA ELECTRIC C0ftPANY Docket Nos. 50-352 0
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50-353 nD%
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HRC STAFF ANSWER TO CEPA'S OCTOBER 28, 1981 SUPPLEMENT TO PETITIO.'; TO INTERVENE f
On September 21, 1981, Consumers Education and Protective I
Association ("CEPA") filed a timely " Petition for Intervention and Request for a Hearing" in this docket.
CEPA asserted standing on its own behalf and on behalf of its me.nbers, the majority of whom live within thirty miles of the facility. The petition stated that these members could be adversely affected in various ways by operation of the Limerick units. Attached to the petition was the affidavit of Lee Frissell, Executive Director of CEPA, stating that the~ petition was true and correct to the best of his knowledge and belief.
Tne NRC and Applicant filed answers to CEPA's petition.E The Staff took the position that CEPA's stated purpose, i.e., "to educate t'ie y
"NRC Staff Response to Petitions to Intervene and Request for Hearing..." (October 8,1981), at 11-12.
" Applicant's Answer to Consumers Education and Protective Association Petition to Intervene" (October 6, 1981).
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public and its members about their rights as consumers and how to best advocate and protect those rights,"U was not directly_ related to matters within the zone of interests protected by the statutes governing this proceeding and that CEPA had not otherwise established in the petition how it might be affected by the outcome of the proceeding.
On this basis, the Staff concluded that CEPA had not. demonstrated standing to intervene on its own behalf.E Rather, CEPA's standing could only be derived from the alleged potential impacts of operation of the facility upon its members. The Staff concluded that the petition was deficient absent an amendment, filed under 9 2.714(a)(3), which provided affidavits of members setting forth their interests and how those interests might be affected by the outcome of the proceeding, and authorizing CEPA to act on their behalf.
Applicant also found the petition deficient in that it did not establish the standing of CEPA on its own behalf or on behalf of its members. Applicant took the further position that CEPA had failed to identify "the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to intervene."4/
y Petition, at 1.
y See Houston Lighting and Power Co. ( Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 NRC 377, 390-91 (1979); Allied-General Nuclear Services, et al. (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC 420, 422-23 (1976).
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See @ 2.714(a)(2).
The Staff believes that CEPA has adequately identified " aspects."
By its "flemorandum and Order Setting Schedule for Submission of Contentions and Other Preliminary Information" (October 14, 1981, hereinaf ter " Order"), the Atomic Safety and Licensing Board directed CEPA to file:
1.
an affidavit of a person with authority to speak for CEPA stating that authorization has been given to CEPA to intervene in this proceeding and that Steven P. Hershey, Esq., has been authorized to act on CEPA's behalf, and 2.
affidavits of members of CEPA setting forth their membership, their interests, and how those interests may be affected by the results of the proceeding, and authorizing CEPA to act on their behal f.5]
On October 28, 1981, in response to the Board's Order, CEPA filed four affidavits of members "to supplement the affidavit and Petition to Intervene already filed on behalf of CEPA." The Staff herein files its answer to this " supplement" to CEPA's petition.
II.
DISCUSSION Each of the affiants states that he/she resides in Philadelphia (approximately twenty-five miles from the Limerick plant), is a member of CEPA, and authorizes CEPA to act on his/her behalf in this proceeding.
Each of the affidavits recites slightly different interests in the outcome of the proceeding. Three of the affiants assert, as one of the 5]
Order, at 7.
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4-bases for their standing, that their electric rates will increase as a result'of the construction and operation of Limerick. Other interests asserted are:
1.
that affiants' health and that of their families will be affected by airborne radioactive emissions from Limerick and by consumption of water from the Schuylkill, on which the plant is located (Werner and Haver affidavits);
2.
that normal operation and emergencies will affect affiant because of inadequate safety measures and the impossibility of evacuation (Wimbish affidavit); and 3.
that the financial drain on Applicant imposed by construction of Limerick (which is alleged to be more expensive than other means of providing power) will prevent Applicant from offering a " good" conservation program which affiants assert they need (Wimbish and Troxell affidavits).
The Staff believes that the affidavits filed by CEPA adequately state the interests of the affiants and how their interests might be affected by the outcome of the proceeding,E that they are members of CEPA, and that they authorize CEPA to represent their interests in this proceeding. We conclude that the affiants have demonstrated their standing to intervene in this proceeding. Affiants' statements of 6)
Louisiana Power & Light Co. (Waterford Steam Electric Station, Unit 3), ALAB-125, 6 AEC 371, 372 n. 6 (1973); Virginia Electric and Power Co. (North Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631, 633-34 (1973); Detroit Edison Co. (Enrico Fermi Atomic Power Plant, Unit 2), LBP-79-1, 9 NRC 73, 78 (1979).
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interest based upon potential increases in their electric rates cannot, however, contribute to their claims of standing, since ratepayer interests are beyond the zone of interests protected by the statutes governing this proceeding.E Although the individual affiants have authorized CEPA to act on their behalf, CEPA has not, as required by the Board, filed an affidavit 4
of a person with authority to speak for the organization, stating that authorization has been given to CEPA to intervene in this proceeding and that Mr. Hershey has been authorized to represent the organization. The affidavit of Mr. Frissell, attached to the original petition, merely verified the truth of the statements in the petition and did not provide
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the information subsequently requested by the Board. Additionally, the supplement was filed by CEPA on October 28, 1981, two days beyond the filing date established in the Board's Order,8] yet contains no explanation for CEPA's failure to file on time.
At present, CEPA's request to intervene remains deficient in that it has yet to supply the requested affidavit providing the necessary authorizations. We believe, however, that this defect can be cured by amendment to CEPA's petition under 10 C.F.R. 5 2.714(a)(3). The Board
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Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 613-14 (76); Kansas Gas and Electric Co. (Wolf Creek Generating Station, Unit 1), ALAB-424, 6 NRC 122, 128 n. 7 (1977).
8]
Order, at 5.
6-should also require CEPA to state, in that amendment, the reasons why it was unable to file its supplementary affidavits by the date directed by the Board. The Staff will state its position on CEPA's standing following a receipt of its amended petition.
Respectfully submitted, 44b s
Stephen H. Lewis Counsel for NRC Staff Datec at Bethesda, Maryland, this 10th day of November,1981.
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UHITED STATES OF AMERICA
- O HUCLEAR REGULATORY CG'.:llSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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Docket Hos. 50-352 PrillADELPHIA~ ELE;TRIC COMPA:1Y
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50-353
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(Linerick Generating Station.
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Units 1 and 2) au
-CERTIFICATE OF SERVICE 1
l 28, 1981 SUPPLEMENT I hereby certify that copies of "NRC STAFF ANSWER TO CEPA'S OCTOBER the TO PETITION TO~ INTERVENE" in the above-captioned proceeding hav d by following by deposit in the United States mail, first class, or, as indicate l mail 4
an asterisk through deposit in the Nuclear Regulatory Commission's interna system, this 10th day of November, 1981:
Mr. Edward G. Bauer, Jr.
Lawrence Brenner, Esq., Chairman
- Vice President a General Counsel Acainistrative Judge Philadelpnia Electric Company U.S. Huclear Regulatory Coaaission 2301 ltarket Street Washington, DC 20555 Philadelphia, PA 19101 Dr. Richard F. Cole
- Troy B. Conner, Jr., Esq.
Adainistrative Judge Mark J. Wetterhahn, Esq.
U.S. Iluclear Regulatory Commission Conner and Wetterhahn Washington, OC 20555 1747 Pennsylvania Avenue, H.W.
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Uashington, DC 20006 Dr. Peter A. Morris
- Administrative Judge Mr. Charles Bruce Taylor U.S. Huclear Regulatory Commission 24 Uest Tenth Avenue t
Washington, DC 20555 Collegeville, PA 19426 Hr. Frank R. Romano lir. Marvin I. Lewis i
Air and Water Pollution Patrol 6504 Dradford Terrace l
61 Forest Avenue Philadelphia, PA 19149 l
Ambler, PA 19002 Atomic Safety and Licensing Atoaic Safety and Licensing Appeal Panel (5)*
Board Panel
- U.S. Nuclear Regulatory Commission U.S. iluclear Regulatory Coamission Washington, 00 20555 Washington, DC 20555 Clarence Wells Docketing and Serv. ice Section*
376 S. Sugan Road New Hope, PA 18938 Office of the Secretdry U.S. Nuclear Regulatory Commission i
l Washington, DC 20555 Samuel end Clarissa B. Cooper P.O. Fox 16 Colore,it0 21917
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Environmental Coalition on fluclear Walter U..' Cohen Power Consumer Advocate Dr. Judith H. Johnsrud, Co-Director Office of Attorney General 433 Orlando Avenue 1425 Strawberry Square
- State College, PA 16801 Harrisburg,'PA 17120 Robert W.' Adler Assistant Counsel Comraonwealth of Pennsylvenia, DER
- Thomas Gerusky, Director 505 Executive House,'
4 Bureau of Radiation Protection P.O. Box 2357
- Dept. of Environaental Resources liarrisburg, PA 17120 5th floor, Fulton Bank Building Third and Locust Streets Randall Brubaker Harrisburg, PA 17120 Assistant Counsel Commonwealth of Pennsylvania, DER Director Room 1200, 1315 Walnut St.
Pennsylvania Eraergency lianagement Philadelphia, PA 19107 Agency Basement, Transportation & Safety Joseph H. White Ill Building 11 South fierion Avenue Harris:nrg, PA 17120 Bryn Mawr, l'A 19010 4
John Shniper StevenP. Hershey,Esh.
1 Meeting House Law Oldg. & Gallery, Consuaers' Education liennonite Church Ild.,
and Protective Association-Schuylkill Rd. (Rte. 724)
Sylvania House Spring City, PA 19475
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Juniper and Locust Streets Robert L. Anthony b.
Friends of the Earth of the Alan J. Nogee Delaware Valley The Keystone Alliance 103 Vernon Lane, Box 186 3700 Chestnut Street t
Moylan, PA 19065 Philadelphia, PA 19104
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s Judith A. Dorsey, Esq.
i Robert J. Sugaraa6 g
Limerick Ecology Action Del-Aware Unliraited.,Inc.
1315 Walnut Street, Suite 1632 Berle, Butzel, Kass '.s Case l
Pniladelphia, PA 19107 2115 IJainbridge Stre'et j
Philadelphia, PA 19146 P
Donald S. Bronstein, Esq.
2 The llational Lawyers Guild William A'.'Lochstet Third Floor 119 E. Aaron Drive s'
i 1425 Walnut Street State College, PA 16801.
t Philadelphia, PA 19102 Charlesq, Elliott, Esq.
Steven Levin 123 H. 5th Street, Suite 101 11 Beard Circle Allentowri, PA 18102 Dhoenixville, PA 19460 f
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Stephdh H. Lewis
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CounseVfor NRC Staff E'
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