ML20041F617
| ML20041F617 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 03/12/1982 |
| From: | Baxter T CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8203170224 | |
| Download: ML20041F617 (6) | |
Text
W March 12, 1982 ru g-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'82 10915 N0:18 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i'
In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket Nos. 50-400 AND NORTH CAROLINA MUNICIPAL
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50-e POWER AGENCY NO. 3
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3 (Shearon Harris Nuclear Power
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Plant, Units 1 and 2)
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n APPLICANTS' RESPONSE TO PETITION TO INTE VENE nce BY THE KUDZU ALLIANCE
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'W. ':I;te On January 27, 1982, notice was published in the Federal Register concerning the application of Carolina Power & Ligh't 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 24, 1982, a petition to intervene was filed by the KUDZU ALLIANCE (KUDZU or Petitioner).
KUDZU bases its interest on the interests of its members, some of whom reside, work and/or engage in recreational activities in the vicinity of the Harris Plant.
KUDZU asserts among other things that its members' interest would be affected by " radiation releases" from the Plant.
The specific aspects of the_ proceeding as to which KUDZU wishes to intervene include alleged management inadequacies of Applicant, Carolina Power & Light Company.
Applicants have also received copies 1(
8203170224 820312 PDR ADOCK 05000400 0
. of affidavits from Ms. Leslie Gildemeister and Mr. Frederick Bartram, dated February 25, 1982, who both purport to be members of KUDZU, to live, work and own property in Durham, N.C. or within 50 miles of the Plant, and to authorize KUDZU to represent their interests in the instant proceeding.
To this extent KUDZU has in Applicants' view sufficiently stated an interest in the proceeding to meet the initial requirements for intervention under Section 1.714 of the Commission's Rules of Practice.
KUDZU also purports to petition to intervene "on behalf of other persons who are similarly situated."
KUDZU does not have standing to represent anyone other than itself and its members.
Tennessee Valley Authority (Watts Bar Nuclear Plant Units 1 and 2),
ALAB-413, 5 NRC 1418, 1421 (1,9 7 7 ).
At Paragraph 5 of its petition, KUDZU asserts that "a reasonable probability exists that the granting of the license sought by Applicants, and their joint ownership and operation of the Shearon Harris Nuclear Power Plant, Units 1 and 2, will contravene the anti-trust laws of the United States and the policies clearly underlying tLase laws."
Such a contention is outside of the scope of the notice of opportunity for a hearing as published in the Federal Register on January 27, 1982.
Thus, the antitrust issue is outside of the jurisdiction of this Board.
Public Service Company of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-316, 3 NRC 167, 171 (1976).
- KUDZU has alleged other interests and effects upon those i
interests, some of which in Applicants' view are not cognizable in an NRC operating license proceeding.
Applicants propose, however, to await the formulation of KUDZU's contentions pursuant to Section 2.714 (b) and to address at that time the Lilowability of the contentions, including their relationship to an interest cognizable in the proceeding.
Applicants note that, at least as of the time of the Construction Permit proceeding, KUDZU was a member of the Conservation Council of North Carolina which has also filed a petition to inter-vene in the instant proceeding.1/
urther, Mr. Wells Eddleman, who F
represented KUDZU in the management capability proceeding at the 4
Construction Permit stage, ! has also petitioned to intervene in this proceeding.
Applicants may at a later date request the consoli-dation of two or more of these petitioners or the designation of a i
single individual to represent their interests in the proceeding.
Finally, KUDZU requests that copies of the Final Safety Analysis Report (FSAR) and the Environmental Report (ER) "be served both on it and its attorney; and that the time for listing the con-tentiens Petitioner wishes to litigate in this proceeding be set no sooner than 30 days after the delivery of the copies of those reports to Petitioner and its attorney."
Applicants oppose KUDZU's 1/
See letter from Charles A. Barth, NRC Staff, to Wells Eddleman dated November 6, 1978.
2/
See letter from Wells Eddleman to the Atomic Safety and Licensing Board datad November 7, 1978 (requesting intervention status on be-half of himself and KUDZU).
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request at this time.
The FSAR and ER are available for KUDZU to inspect at the Wake County Public Library, 104 Fayetteville 3/
Street, Raleigh, North Carolina.- While KUDZU has such materials available to it to assist in formulating its contentions, they should not be necessary.
Contentions in an NRC proceeding are similar to pleadings in civil cases which are to be formulated prior to an opportunity for discovery of Applicants' documents.
Wisconsin Electric Power Company, et al.
(Koshkonong Nuclear Plant, Units 1 and 2), CLI-74-45, 8 AEC 928 (1974); BPI v. Atomic Energy Commission, 502 F.2d 424, 428 (D.C. Cir. 1974).
As such the Commission's rules do not permit discovery until after the issues in controversy are established.
S'ee 10 C.F.R. S 2.740 (b) (1) and Part 2, App. A,, S IV (a).
The inte,rvenor's role is not to duplicate the review function of the NRC Staff but rather to present its case l
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We note that the Commission's regulations only require that such documents be available for inspection and copying at the l
Public Documents Room in Washington, D.C.
10 C.F.R.
SS 2.790 and 9.7; Vermont Yankee Nuclear Power Corporation (Vermont Yankee Nuclear Power Station), ALAB-179, 7 AEC 159, 184 (1974).
As a matter of con-venience they have been made available at the other location as well.
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. regarding those matters which may affect its interests.
- Thus, the Commission's rules do not contemplate, at this stage of a proceeding, providing copies of the FSAR or ER to a petitioner for leave to intervene.
KUDZU's request should be denied.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE George F. Trowbridge, 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 Dated:
March 12, 1982 l
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1 UNITED STATES OF AMERICA 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
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50-401 OL POWER AGENCY NO. 3
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(Shearon Harris Nuclear Power
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Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Response to Petition to Intervene by the Kudzu Alliance," dated March 12, 1982, were served upon the following persons by deposit in the United States mail, postage prepaid, this 12th day of March 12, 1982.
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James L.
Kelley, Esq., Chairman M. Travis Payne, Esq.
Atomic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Commission P.O. Box 12643 Washington, D.C.
20555 Raleigh, North Carolina 27605 Mr. Glenn O.
Bright Docketing and Service Section (3)
Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. James H. Carpenter Atomic Safety and Licensing Board Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 Washington, D.C.
20555 Charles A. Barth, Esq.
Atomic Safety and Licensing Appeal Stuart A.
Treby, Esq.
Board Panel Marjorie Rothschild, Esq.
U.S. Nuclear Regulatory Commission i
Office of Executive Legal Director Washingto, DtC.
2 555
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U.S. Nuclear Regulatory Commission n
Washington, D.C.
20555
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G a'N Johng H.
O'Neill, Jr.
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