ML20041F164

Response to PT & SE Newman 820227 Petition to Intervene. Petitioners Stated Sufficient Interest to Represent Themselves But Insufficient Info Stated Re Representation of Citizens Against Nuclear Power.Certificate of Svc Encl

ML20041F164
Person / Time
Site:	Harris
Issue date:	03/10/1982
From:	Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8203160248
Download: ML20041F164 (4)

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, March 10, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS Q P1:37 BEFORE THE ATOMIC SAFETY AND LICEUSING BOARD

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In the Matter of )

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CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL ) 50-401 OL g g POWER AGENCY NO. 3 )

) # D (Shearon Harris Nuclear Power )

Plant, Units 1 and 2) ) # gggEIVED 9 e

APPLICANTS' RESPONSE TO PETITION TO INTERVEN MAR) 0198 BY CITIZENS AGAINST NUCLEAR POWER 1, +

On January 27, 1982, notice was published in the Fe

., Register concerning the application of Carolina Power & Light' Company and North Carolina Municipal Power Agency No. 3 (Applicants) for licenses to operate the Shearon Harris Nuclear Power Plant, Units 1 and 2. The notice afforded interested persons an opportunity to request a hearing and to petition for leave to intervene.

,. On February 27, 1982, a petition to intervene was filed by Patricia T. Newman and Slater E. Newman (Petitioners) who claim to represent an organization which calls itself " Citizens Against Nuclear Power" (CANP). The petition does not describe CANP or tell us about its members or inform us of the purpose of the organization (albeit the name is suggestive). The Petitioners appear to have l

l an address in Raleigh, N.C. and state their concern regarding the l

health and safety of members of CANP and persons res'iding within a fifty mile radius of the Plant. The specific aspects of the proceeding B203160248 820310 Vp '

PDR ADOCK 05000400 0 PDR

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as to which Petitioners wish to intervene include the impacts of Plant operations on personal property, animal life and vegetation and emergency preparedness. To this extent Petitioners (if they in fact reside in Raleigh, N.C. or otherwise within a geographic zone of interest) have in Applicants' view sufficiently stated an interest in the proceeding to meet the initial requirements for intervention under Section 2.714 of the Commission's Rules of Practice.

. Applicants do not have sufficient information to take a position on whether Petitioners have standing to do more than represent themselves (although they can refer to themselves as CANP).

In this regard we suggest that Petitioners amend their petition to intervene by providing additional information regarding:

(1) their place of res.idence or business; (2) CANP.as an organization -- its purpose and membership; (3) individual members whose interest may be affected; (4) how the interests of those members might be affected; and s-(5) some documented indication that such nembers wish to have their interests represented in this proceeding by Petitioners.

See Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 NRC 377, 396 and 397 (1979). While Petitioners may have' concerns for the health and safety of all persons residing within a fifty mile radius of the plant, they may not assert the interest of all such persons. Tennessee Val' ley Authority (Watts Bar Nuclear Plant Units 1 and 2), ALAB-413, 5 NRC 1418, 1421 (1977)'

a o-The Petitioners have alleged other interests and effects upon those interests which in Applicants' view are not cognizable in an NRC operating license proceeding. Applicants propose, however, to. await the formulation of the Petitioners' contentions pursuant to Section 2.714(b) and to address at that time the allowability of the contentions, including their relationship to an interest cognizable in the proceeding.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE George F. Tr'owbridge, P.C.

Thomas A. Baxter, P.C.

John H. O'Neill, Jr.

Counsel for Applicants

! 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000

, pated: March 10, 1982 l

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o UNITED STATES OF ARERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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CAROLINA POWER & LIGHT COMPANY ) Docket Nos. 50-400 OL AND NORTH CAROLINA MUNICIPAL ) 50-401 OL POWER AGENCY NO. 3 )

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(Shearon Harris Nuclear Power )

Plant, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to Petition to Intervene by Citizens Against Nuclear Power," dated March 10, 1982, were served upon the following by deposit in the United States mail, postage prepaid, this 10th day of March, 1982.

James L. Kelley, Esq. Chairman Citizens Against Nuclear Power Atomic Safety and Licensing Board Attn: Ms. Patricia T. Newman U.S. Nuclear Regulatory Commission Mr. Slater E. Newman.

Washington, D.C. 20555 2309 Weymouth Court Raleigh, N.C. 27612 Mr. Glenn O. Bright Atomic Safety and Licensing Board Docketing and Service Section (3)

U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission

Dr. James H. Carpenter Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Charles A. Barth, Esq.

Stuart A. Treby, Esq. Atomic Safety and Licensing Appeal Marjorie Rothschild, Esq. Board Panel Office of Executive Legal Director U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington D.C. 20555 e

Washington, D.C. 20555 I e

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John E . O ' Ne'r11, Jr .

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