ML20052D838

Reply Opposing NRC & Applicant 820423 Motions for Dismissal of Financial Qualifications Contention & Kansans for Sensible Energy as Party.Nrc Does Not Have Statutory Authority to Adopt Final Rule.Certificate of Svc Encl

ML20052D838
Person / Time
Site:	Wolf Creek
Issue date:	05/03/1982
From:	Simpson J KANSANS FOR SENSIBLE ENERGY, SIMPSON, J.M.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8205070258
Download: ML20052D838 (4)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION M N -6 PD 25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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K ANSAS GAS & ELECTRIC COMPANY, ) Docket No. 50-482 et. al. )

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(Wolf Creek Generating Station, N

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g-Unit No.1) )

0 l KANSANS FOR SENSIBLE ENERGY (KASE) REPLY if 1

TO MOTIONS OF APPLICANTS AND NRC STAFF FOl * -

DISMISSAL OF FINANCIAL QUALIFICATIONS CONTENT IS AND FOR DISMISSAL OF KASE AS PARTY (

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The applicants' and the NRC Staff motions, dated April 23, 1982, a c:

dismissal of the financial qualifications contention of KASE and for the dismissal of K ASE as a party should be denied for the reasons hereafter specified.

The Nuclear Regulatory Commission does not have the statutory authority to adopt the financial qualifications rule published on March 31,1982, in the Federal Register (47 FR 13750). Therefore, the rule is invalid, and K ASE should be permitted to continue with its intervention regarding the financial qualifications of the applicants.

In support of the rule, the Commission stated that the financial qualifications review function is within the Commission's discretionary authority and is not mandated (47 FR 13751). This is the Commission's interpretation of 42 U.S.C 2232(a). K ASE does not agree with that interpretation and believes that the financial qualifications review is mandated under the terms of 42 U.S.C 2232(a).

8205070259 820503 D Sg PDR ADOCK 05000482 PDR O

s The pertinent part of 42 U.S.C 2232(a) is as follows:

"Each application for a license hereunder sha!! be in writing and shall specifically state such information as the Commission, by rule or regulation, may determine to be necessary to decide such of the technical and financial qualifications of the applicant, the character of the applicant, the citizenship of the applicant, or any other qualifications of the applicant as the Commission ,

may deem appropriate for the license." (Emphasis added.)

The section can only be interpreted to mean that at least some consideration of the financial qualifications is necessary. If financial qualificatims are not to be a factor, Congress in enacting the section would have omitted the words

"and financial" from the sentence. The discretion of the Commission relates te what financial qualifications will be considered and not whether any financial qualifications will be considered.

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No cases have come to the attention of K ASE which rule precisely on the issue raised in the preceeding paragraph. The Commission in support of its interpretation cites New England Coalition on Nuclear Pollution v. NRC, 582 F.2d 87 (1st Cir.1978). (See 47 FR 13751). That case does not decide if financial qualifications considerations are mandatory. Rather, it only decides that the '

financial qualifications matters considered in that case were adequate.  ;

In New England Coalition on Nuclear Pollution v. NRC the court discusses the

evidence about financial qualifications that were before the NRC in that case.

In supporting the NRC it decided that it would not disturb the NRC decision because there was a reasonable amount of substantial evidence to support the NRC's I conclusions. At page 93 the opinion states: ,

"the act gives the NRC complete discretion to decide what financial qualifications are appropriate. The regu-  !

lations require only a ' reasonable assurance.' We will  ;

not second guess the NRC as to its interpretation of the '

level of proof that standard requires."

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The quoted language clearly implies that some consideration of financial qualifica-tions is appropriate. i KASE participated in the rule making proceedings for the adoption of the financial qualifications rule by filing comments in opposition to the proposed  !

rule as permitted by the Notification of Rule Making published by the Nuclear Regulatory Commission at 46 FR 41786, August 18, 1981.

Respectfully submitted, W  !

John M. Simpson, Attorney for Intervenors, Kansans for Sensible Energy ;

4400 Johnson Drive, Suite 110 Shawnee Mission, Kansas 66205 Telephone Number:

(913) 384-9144 Dated L<a 3 ,1982.

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

)

KANSAS GAS & ELECTRIC COMPANY, ) Docket No. 50-482 et.al. )

)

(Wolf Creek Generating Station, )

Unit No.1) )

CERTIFICATE OF SERVICE This is to certify that copies of " Kansans for Sensible Energy (KASE) Reply to Motions of Applicants and NRC Staff for Dismissal of Financial Qualifications Contention and for Dismissal of KASE as Party"in the above captioned proceeding have been served on the following by deposit in the U.S. MaiJ, first class, on h a; O , 1982.

3ames P. Gleason, Esquire Kent M. Ragsdale Chairman General Counsel 513 Gilmoure Drive Missouri Public Service Commission Silver Spring, Maryland 20901 P. O. Box 360 Jefferson City, Missouri 65102 Dr. George C. Anderson Department of Oceanography A. Scott Cauger, Esquire University of Washington Assistant General Counsel Seattle, Washington 98195 Missouri Public Service Commission P. O. Box 360 Dr. 3. Venn Leeds Jefferson City, Missouri 65102 10807 Atwell Houston, Texas 77096 Eric A. Eisen, Esquire Birch, Horton, Bittner & Monroe Myron Karman, Esquire 1140 Connecticut Avenue, N.W.

Deputy Assistant Chief Hearing Counsel Washington, D. C. 20036 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission C. Edward Peterson, Esquire Washington, D. C. 20555 Assistant General Counsel Kansas Corporation Commission Atomic Safety and Licensing Board State Office Building - 4th Floor U.S. Nuclear Regulatory Commission Topeka, Kansas 66612 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Docketing and Service Section Washington, D. C. 20555 Office of the Secretary U.S. Nuclear Regulatory Commission Kansans for Sensible Energy Washington, D. C. 20555 P. O. Box 3192 Wichita, Kansas 67201 Wanda Christy Mary Ellen Salava

$15 N. Ist Street Route 1, Box 56 Burlington, Kansas 66839 Burlington, Kansas 66839 k '

John M.' Simpson i

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