ML20039E296

Response to NRC Response to Petition to Intervene.Nrc Should Be Required to Show Cause Why Affidavits Required & Why Affidavits Submitted Insufficient.Friends of the Earth Have Complied W/Aslb Requirements Re Intervention

ML20039E296
Person / Time
Site:	Indian Point
Issue date:	12/21/1981
From:	Salzman L FRIENDS OF THE EARTH
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20039E297	List: ML20039E296 ML20039E306 ML20039E308
References
ISSUANCES-SP, NUDOCS 8201070125
Download: ML20039E296 (1)

Text

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SIFORE "'/I ATCMIC SA. .,zf AND LICENSING ECA23 In the matter of CCNSCLIDATED EDISCN CC. 31 2 31 gin f 0F NIi TC2K (INDIAN PCINT 2) Docket Nos. 50-247-3P PC'3ER AUTHORITY OF THE STATE [ l OC7'%' 9 CF Nri YORK (INDIAN POINT 3) 3VE RESPONSE CO NRC STAFF RESPONSE TO FCE o NO2h ;

AMENDMENT CF ymnCN TO INTERVENE \- t p +,s g

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Friends of the Earth (FCI) believes that it has funy satisfied the requirements ' MW ..

for qualifying as a fun party to the above proceedings. NRC staff has notss_hown that _

the Board in these proceedings requested or is requiring anything more than what they verbally requesi;od at the pre-hearing conference, namely an affidavit by the parties seekins to intervene that 'they had been officially designated by specific members of their organizations to represent them at the hearings, and affidavit that the person representing that organization had officially been authorized to represent it.

It would seem that the NRC did not read the amended petition closely enough nor has it paid sufficient attention to what the Board requested at the pre-hearing conference.

Apparently the NRC staff is challenging the legit.cacy of a notarized offichl affidavit, notwithstanding the fact that the Board specificany sai;i it would accept a statement of " personal knowledge and belief" as adequate certification.

FCE is of course willing to submit a written authorization from one of those members named in its original petition to intervene, as wen as a letter of auttorization from its president authorizing the undersigned to represent FCE in the proceedings. However, inasmuch as the Board did not specifica ny require these, and' inasmuch as it is clear that the NRC staff has determined to employ obstructionist tactics in order to complicate and delay the proceedings and make things as difficult as possible for interested parties, FCE win not feel required to submit these to the 3 card unless and until the 3 card makes an official ruling that they are required for all parties. *ie believe the NRC staff cust be required to show cause why affidavits are required and, if submitted, why they ae insufficient, since their ob';ections would seem to be in direct conflict with the wishes of the Board. NRC staff cannot, without cause and proof, under=ine the Board's willingness to accept personal affidavits by challenging their sufficiency or legitimacy. NRC staff is in effect seeking to substitute its judgment for the 3 card. FCE believes it has com-plied fully with the Board's requirements regarding FCE'c petition to intervene and its requests at .he -.-hearing conference and the Board 4*s*l# should not 90 5t* itself to j

b* #^c-empted or imposed Gon bY *he !!RO St*ff **Y l S *

'"' Lorna Sal:mam # df '

Mid-Atlantic rep O,,_ 3 Nota- Thi3 is not being Se d Dec. 21, IN1

% much as FCE is not requ- d to es officially to the NRC re8P'U*** 8201070125 811221 PDR O ADOCK 03000247

• See co18# 1*D%'r* PDR 1

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