ML20041B483
| ML20041B483 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/22/1982 |
| From: | Repka D NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8202240110 | |
| Download: ML20041B483 (6) | |
Text
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02/22/82-UNITED STATES OF AliERICA I:UCLEAR REGULATORY COMMISSION e
A BEFORE THE ATOMIC SAFETY AND LICEllSIriG BCAPD MQg B
e.
r=
In the Matter of 1
PUBLIC SERVICE C0l!PAf!Y OF
)
Docket Nos. 50 ;
OL p
NEW HAl1PSHIRE, et al.
)
50-
)
3 g
(Seabrook Station, Units 1 and 2)
)
NRC STAFF RESPCflSE TO SEAC0AST ANTI-POLLUTI0fl LEAGUE'S 110 TION TO AMEND ITS PETITION TO INTERVENE I.
INTPODUCTION By r:otion dated February 4,1982, Petitioner Seacoast Anti-Pollution League (SAPL) seeks to amend its petition to intervene in this proceeding.1/
SAPL's original petition to intervere was filed on November 13, 1981,2/
and the llRC Staff responded in a docunent filed December 3, 1981.3/
In its response the Staff argued that SAPL'.s petition was deficient and
/
-1/.
"fiotion to Amend Petition to Intervene Filed by the Seacoast Anti-Pollution League Pursuant to 10 C.F.R. S 2.714(a)(3)," dated February 4, 1982.
-2/
" Petition to Intervene" o# Seacoast Anti-Pollution League, dated November 13, 1981.
-3/
"NRC Staff Response to Petitions to Intervene and Requests for Hearing By Seacoast Anti-Pollution League and New England Coalition on Nuclear Pollution," dated December 3, 1981 (Staff Response).
DESIGNATED ORIGINAL s
sso7 8202240110 820222
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S PDR ADOCK 05000443
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. reeded to be amended in order to establish SAPL's standing to intervene ir this proceeding. The current motion by SAPL proposes such an amendment.
The amendment consists of two affidavits which identify the affiants as members of SAPL; attempt to demonstrate their individual interests in this proceeding; and state that the affiants have authorized SAPL to represent their interests.
The NRC Staff does not oppose Petitioner's motion to amend, inasmuch as 10 C.F.R. 6 2.714(a)(3) expressly permits amendments to intervention pctitions without approval of the presidino officer at any time up to fifteen days prior to the first or special prehearing conference held to consider intervention matters.
Furthermore, the Staff believes that the proposed anendment remedies the deficiencies in SAPL's original petition to intervene.
II.
DISCUSSION In respcnse to SAPL's petition to intervene, the NRC Staff expressed its opinion that SAPL had failed to satisfy the interest or standing reovirenentforinterventionestablishebin10C.F.R.Q2.714(a).O For an organization to have standing to intervene to represent its eerbers it must:
(1) identify at least one member; (2) subnit an affidavit from 1
that member which demonstrates that the individual has a sufficient personal interest in the proceeding; and (3) that the individual has euthorized the organization to represent that interest. Houston Lichtino and Power Co, (Allens Creek Nuclear Generating Station, Unit 1),
4]
See Staff Response, December 3, 1981, at 6-7.
. ALAB-535, 9 NRC 377, 389-400 (1979). SAPL's original petition to inter-vene failed to provide the necessary information.
SAPL, in its current filing, amends its pt tition to intervere by addire the affidavits of two of the organization's members (Mr. Edward Dumaine and Mr. Peter Randall).
In the opinion of the Staff, this amendrent renedies the previous deficiencies in the petition to intervene.
The affidavits identify the affiants by name and address, and as nerbers of SAPL. Poth individuals live within close proximity of Seabrook Station and therefore have the necessary individual interest in this proceeding.
See Northern States Power Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2), ALAB-197, 6 AEC 188, 190 (1973). Finally, both affiants authorize SAPL to represent their interests in this proceeding.
As a result of SAPL's amendments to its intervention petition, the NRC Staff believes that SAPL has satisfied the 6 2.714(a) requirements for standing by an organization.
Previously, the Staff took the position that SAPL's original petition to intervere had sufficiently designated, pursuant to @ 2.714(a)(2), specific aspbets of the proceeding as to which it wishes to intervene.N Therefore, the Staff would now support admission of SAPL as a party to this proceeding upon its submission of at least one admissible contention at least fifteen days prior to a designated prehearing conference.0/
5]
See Staff Response, December 3, 1981, at 7-8.
~6/
Petitioner's motion states that the affidavits of mempers Randall and Dumaine raise specific contentions. The Staff, however, does not believe that the generalized health, safety, and environmental concerns expressed in the affidavits rise to the level of adnissible contentions.
. III. CONCLUSION For the reasons set out above, the Staff does not oppose SAPL's motion pursuant to 10 C.F.R. $ 2.714(a)(3) to amend its petition to intervene, and believes that the petition as anerfec' new satisfies the standing requirements of 10 C.F.R. E 2.714.
Rest.ectfully submitted, o.d k k yb David A. Repka Counsel for NRC Staff Dated at Bethesda,flaryland this 22nd day of February, 1982.
i
.l
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et _al.
)
50-444 OL
)
(Seabrook Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO SEAC0AST ANTI-POLLUTION LEAGUE'S MOTION TO A'1END ITS PETITION TO INTERVENE" in the above-captioried proceading 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 22nd day of February,1982:
Helen Hoyt, Esq., Chairman
- Dr. Emmeth A. Luebke*
Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Oscar H. Paris
- y Administrative Judge
/ Paula Gold, Asst. Atty. General Atomic Safety and Licensing Board Stephen M. Leonard, Asst. Attorney Panel Jo Ann Shotwell, Asst. Attorney U.S. Nuclear Regulatory Commission Office of the Attorney General Washington, D.C.
20555 Environmental Protection Division One Ashburton Place,19th Floor Lynn Chong Boston, MA 02108 Bill Corkum Gary McCool Nicholas J. Costello Box 65 1st Essex District Plymouth, NH 03264 Whitehall Road Amesbury, MA 01913 E. Tupper Kinder, Esq.
Assistant Attorney General Tomlin P. Kendrick Environmental Protection Division 822 Lafayette Road Office of the Attorney General P.O. Box 596
/
State House Annex Hampton, NH 03842 Concord, NH 03301 William S. Jordan, III, Esq.
Robert A. Backus, Esq.
Ellyn R. Weiss, Esq.
116 Lowell Street Harmon & Weiss P.O. Box 516 1725 I Street, N.W.
Manchester, NH 03105 Suite 506 Washington, D.C.
20006
. Rep. Arnie Wight Phillip Ahrens, Esq.
State of New Hampshire Assistant Attorney General House of Representatives State House Station #6 Concord, NH 03301 Augusta, ME 04333 Paul A. Fritzche, Esq.
Donald L. Herzberger, MD Public Advocate Hitchcock Hospital State House Station #12 Hanover, NH 03755 Augusta, ME 04333 Edward J. McDennott, Esq.
Wilfred L. Sanders, Esq.
Sanders and McDermott Sanders and McDermott 408 Lafayette Road 408 Lafayette Road Hampton, NH 03842 Hampton, NH 03842 Sen. Robert L. Presten Thomas G. Dignan, Jr., Esq.
State of New Hampshire Senate Ropes & Gray Concord, NH 03301 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Board Panel
- Atomic Safety and Licensing U.S. Nuclear Regulatory Comission Appeal Panel
- Mashington, D.C.
20555 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert L. Chiesa, Esq.
Docketing and Service Section*
Wadleigh, Starr, Peters, Dunn &
Office of the Secretary
& Kohls U.S. Nuclear Regulatory Commission 95 Market Street Washington, D.C.
20555 Manchester, NH 03101 Hs. Patti Jacobson 3 Orange Street Newburyport, MA 01950
/
1b en k I
David A. Repka Counsel for NRC Staff
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