ML20045D781
| ML20045D781 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 06/21/1993 |
| From: | Gleason J, Kelber C, Murphy T Atomic Safety and Licensing Board Panel |
| To: | BOSTON EDISON CO. |
| References | |
| CON-#293-14054 OLA, NUDOCS 9306300049 | |
| Download: ML20045D781 (6) | |
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USHHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'93 #1 a m y ATOMIC SAFETY AND LICENSING BOARD 3 ' il l f
Before Administrative Judges:
,[b Ti James P.
Glenson, Chairman Charler N. Kelber Thomas D. Murphy
' m JJN 2. I 1993 In the Matter of BOSTON EDISON COMPANY Docket No. 50-293-OLA (Pilgrim Nuclear Power Station)
ASLBP No. 93-678-03-OLA Facility Operating License No. DPR-35)
June 21, 1993-MEMORANDUM AND ORDER q
(Recuest for Hearina and Petition to Intervene)
'I The Massachusetts Attorney General (Attorney General)
[
has filed a timely request for hearing and petition to j
intervene in an operating license amendment application filed by the Boston Edison Company (Licensee). 'The-Attorney l
General also filed to participate in the proceeding as a i
t governmental representative of an interested State under the l
provisions of 10 C.F.R. S 2.715(c).
The proposed license amendment increases the number of spent fuel assemblies at the Company's Pilgrim Nuclear Power Station (PNPS),
authorizes changes in the. maximum loads allowed to travel over the spent fuel assemblies, and changes the limiting 9306300049 930621 "
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-2 characteristics of assemblies to be stored in the spent fuel."
In filed responses, neither the Licensee or NRC Staff objects to the Attorney General's request and~ petition.
However, the Staff recommends the Board not rule on the request and petition, but establish a schedule.for the filing of contentions.2 The Board has been established.to rule on requests for hearing and petitions to intervene and to preside over the proceeding if a hearing is ordered.3 The Nuclear Regulatory Commission published an opportunity for a' hearing in the Federal Reaister on April 30, 1993'.
The notice also indicates this proceeding falls within the scope of Section 134 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10154).
This calls for utilizing hybrid hearing procedures at the request of any party.5 Commission intervention rules call for a petitioner to meet standing requirements -- that its interests may be 158 Fed. Reg. 26171 (April 30, 1993).
2 Boston Edison Company Response, June 8, 1993; NRC Staff Response, June 14, 1993.
358 Fed. Reg. 32552 (June 10, 1993).
'The Commission notice requested public comments on the Staff's proposed determination that the amendment request involved no significant hazards consideration.
58 Fed. Reg. 26171 (April 30, 1993).
Commission regulations for these hybrid procedures are-5 found in 10 C.F.R. Part 2, Subpart K.
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-3 affected by the results of the proceeding -- and also call for providing the specific aspect (s) of the subject matter on which petitioner wishes to intervene.
10 C.F.R.
S 2.714 (a) (2).6 The petitioner, prior to the first prehearing conference, must set forth at least one valid contention.
10 C.F.R. S 2.714(b).
In determining whether a petitioner meets standing requirements under the Commission's rules, there must be a showing that the action challenged could cause " injury in fact" to the person seeking intervention and that the injury is arguably within tne zone of interests protected by the statutes governi..g the proceeding, yin., the Atomic Energy and National Environmental Policy Acts.'
Here, petitioner, as an elected representative of the citizens of Massachusetts, avers that a large portion of the Commonwealth lies within the ingestion exposure pathway (50 miles) of the applicant's facility and that the increase in fuel assembly cells requested by the license amendment could significantly effect the environment and health and safety of its citizens.
This is an adequate showing of how The regulation provision references paragraph (d) (1) 6 requiring the Presiding Officer to consider the nature of the petitioner's right to be made a party to the proceeding; the nature and extent of petitioner's property, financial or other interest in the proceeding and the possible effect of any order on the petitioner's interest.
10 C.F.R. S 2.714 (d) (1).
Public Service Company of New Hampshire (Seabrook Station, 7
Units 1 and 2), CLI-91-14, 34 NRC 261, 266-67 (1991).
4 the State's interest could be affected -- in areas protected by statute -- with the outcome of this proceeding.
The petitioner also sets forth five aspects of the subject matter of the proceeding on which it seeks to intervene and the identification of these areas of concern is adequate to meet this procedural requirement.
In light of the foregoing, the petitioner will have met the admission prerequisites for this proceeding on the condition that at least one valid contention is subsequently filed.
We have noted herein the Staff's belief that the Board should set a schedule for filing contentions and delay ruling on the procedural requirements for standing.
There is a practical benefit for such a delay since the procedures of Subpart K are available to the parties only after requests for hearings and petitions to intervene are granted and the decision to utilize these procedures should await the admission of valid contentions.a Accordingly, the i
Board will delay acting on the Attorney General's request for a hearing and petition to intervene pending the admission of at least one contention meeting the requirements of 10 C.F.R. S 2.714 (b) (2).
Moreover, since participation in the proceeding cannot be finalized in the absence of a valid contention, we set forth a schedule below for filing a supplement to the State's petition with 810 C.F.R. S 2.109.
l
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. 5 preposed litigable contentions.
Sag 10 C.F.R.
S 2.714 (b) (1).
After reviewing the petitioner's supplement i
the Board will, after consultation, and any party responses, I
i advise the parties of the scheduling of any prehearing conference.
Based on the foregoing, it is, this 18th day of June 1993, ORDERED:
1.
By the close of business on July 16, 1993, the petitioner must file a supplement to its petition to include a list of c:.t'.r.tions it seeks to have litigated in the I
hearing.
2.
Within ten (10) days after service, the Licensee, and the Staff 'iithin fifteen (15) days, may file responses to petitioner's supplement.
3.
The Licensee is requested, at its earliest convenience, to provide each Board member with a copy of its license amendment application.
FOR THE ATOMIC SAFETY L
ann T.TEENSING - BOARD
/'
U.-
- =-
ames P. Gleason, Chairman ADMINISTRATIVE JUDGE I
Bethesda, Maryland June 21, 1993
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UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION In the Matter of l
BOSTON EDIS0N COMPANY Docket No.(s) 50-293-OLA (Pilgrim Nuclear Power Station)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (REQUEST FR HEARING...)
have been served upon the following persons by U.S. mail, first class, except l
as otherwise noted and in 'accordance with the requirements of 10 CFR Sec. 2.712.
1 l
Office of Commission Appellate Administrative Judge Adjudication James P. Gleason, Chairman l
U.S. Nuclear Regulatory Commission Atomic Safety and Licansing Board j
Washington, DC 20555 U.S. Nuclear Regulatory Commission l
Washington, DC 20555 l
I l
Administrative Judge Administrative Judge l
Charles N. Kelber Thomas D. Murphy j
Atomic Safety and Licensing Board Atomic Safety and Licensing Board l
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission l
Washington, DC 20555 Washington, DC 20555 l
Ann P. Hodgdon, Esq.
W. S. Stowe, Esquire Arlene A. Jorgensen, Esq.
Boston Edison Company Office of the General Counsel 800 Boylston Street, 36th Floor U.S. Nuclear Regulatory Commission
' Boston, MA 02199 Washington, DC 20555 Joseph W. Rogers, Esquire Assistant Attorney General Regulated Industries Division Public Protection Bureau 131 Tremont Street, 3rd Floor Boston, MA 02111 Dated at Rockville, Md. this 21 day of June 1993 u
Offic'e of the Secretary of the Commission
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