ML20058H388
ML20058H388 | |
Person / Time | |
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Site: | River Bend ![]() |
Issue date: | 07/30/1982 |
From: | Cotter B Atomic Safety and Licensing Board Panel |
To: | LOUISIANIANS FOR SAFE ENERGY, INC., ROTHSCHILD, G.E. |
References | |
82-468-01-OL, 82-468-1-OL, ISSUANCES-OL, NUDOCS 8208030570 | |
Download: ML20058H388 (9) | |
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DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'M /d -2 m M ATOMIC SAFETY AND LICENSING BOARD f :'
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Before Administrative Judges
- 8. Paul Cotter, Jr., Chairman Dr. Forrest J. Remick Dr. Richard F. Cole SERVED AUG 21982
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In the Matter of:
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GULF STATES UTILITIES COMPANY, et al. )
(NRC Docket Nos. 50-458-0L
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50-459-0L)
(River Bend Station, Units 1
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and 2)
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July 30, 1982
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MEMORANDUM AND ORDER This memorandum and order addresses three matters:
(1) petitions to intervene by Louisianians for Safe Energy, Inc. and Gretchen Reinike Rothschild, individually; (2) the time for filing contentions by all parties; and (3) the date for a special prehearing conference to consider contentions and any other matters appropriate to the expeditious conduct of this proceeding.
I.
PETITIONS TO INTERVENE In the Board's order issued February 10, 1982, Petitioners l'
Louisianians for Safe Energy, Inc. ("LSE") and Gretchen Reinike Rothschild
()7 8208030570 820730 i
PDR ADOCK 05000458 G
, ("Rothschild") were denied the right to intervene "for failure to satisfy the requirements of 10 C.F.R. 2.714(d) (1981)." The order provided for reconsideration of the petitions if the deficiencies noted were corrected on or before March 9, 1982.
Thereafter, LSE and Rothschild, by counsel, filed affidavits intended to correct the deficiencies in the original petitions. The affidavits were uncontested and established the residence of Rothschild and five members of LSE within a 30 mile radius of the River Bend facility and the authorization of the affiants and Rothschild to have their interests represented by LSE.
Thereafter, Applicant opposed the LSE and Rothschild petitions as amended by the affidavits, arguing that petitioners had failed to
" demonstrate the requisite personal, concrete injury in fact necessary for standing..." (Applicants Opposition to Amended Petition of Louisianians for Safe Energy at page 5, filed March 24,1982).
In contrast, the NRC Staff concluded that LSE and Rothschild, as an individual, had established standing to intervene, citing Tennessee Valley Authority, 5 NRC 1418, 1421, n. 4 (ALAB-413, 1974).
The Staff noted that Rothschild apparently seeks to be represented by LSE but that her membership in that organization was not shown.
Consequently, the Staff concludes that LSE cannot represent Rothschild because of the rule i
that parties in these proceedings can only assert their own interests.
Staff reiterated the requirement for submitting one litigable contention 1
before any hearing can be held on the LSE and Rothschild petitions.
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. It is well established that geographic proximity of 30 miles to the facility establishes standing as of right.
Tennessee talley Authority, supra, and Virginia Electric and Power Co., 9 NRC 54, 57 n. 5 (ALAB-522, 1979). LSE, as the representative of its five members residing within 30 miles of the facility, and Rothschild, individually, have established such standing and, subject to the timely filing of.in acceptable contention, are admitted to this proceeding.
Subject petitioners have already been found in our order of February 10, 1982 to have established an aspect which could give rise to an admissible contention. We do not find it necessary at this time to resolve the question of whether LSE can represent Rothschild other than to note that the Staff has correctly stated the law of the matter.
'Our order of February 10, 1982 admitted the Louisiana Consumers' League, Inc. as a party (contingent on the filing of an acceptable contention) and the State of Louisiana as an interested state. Having established the standing of at least three and possibly four parties to this proceeding, we turn now to establishing a preliminary schedule for its conduct.
II.
CONTENTIONS Pursuant to Section 2.714, all petitioners must file at least one acceptable contention for litigation. Accordingly:
1.
All petitioners are directed to file any such contention or contentions so that they are received by the Board, Counsel for the NRC Staff, and Washington D.C. Counsel for Applicant on or before Septem-j ber 7, 1982; c
. 2.
Answers by Applicant and Staff to contentions shall be served on or before September 21, 1982 (the Board's copies shall be received on that same day); and 3.
Responses by petitioners to the answers of Applicant and Staff shall be served on or before October 5, 1982.
Petitioners are directed to confer with each other and use their best efforts to coordinate the filing of contentions. To the fullest extent possible, petitioners are strongly encouraged to file a joint statement of contentions. The joint statement shall set forth, in an
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organized fashion, the contentions of all petitioners and a statement of which petitioner or petitioners are advancing each contention. The Board will not tolerate multiple filings by petitioners of separate contentions which are essentially the same, notwithstanding some differences.in wording.
Each contention, rumbered sequentially, shall be set forth in two parts. The first part titled " Contention", shall set forth as precisely and concisely as possible what it is that the petitioner seeks to litigate. The second part, titled " Basis", shall fully set forth the petitioner's support for the contention with " reasonable specificity".
10 C.F.R. 2.714(b) (1982). Wherever possible, petitioners should give specific references to the portions of any technical documents being relied upon to support the basis for a contention and should attach the pertinent excerpt from the reference to the statement of the contention.
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9 In addition to the coordination among petitioners required above, Applicant and Staff, separately or together, are encouraged to confer with petitioners, either prior to the filing of contentions or shortly thereafter to determine whether any or all of the contentions may be stipulated to by all parties.
The representatives of the State of Lousiana should also be invited to participate in informal conferences among the petitioners and Applicant or Staff.
Availability of FSAR and ER Applicant and/or Staff, in coordination with each other, shall make available promptly, during normal business hours, up to date copies of Applicant's operating license Final Safety Analysis Report (FSAR) and Environmental Report (ER) at the Public Document Room located in the Government Document Department, Louisiana State University, Baton Rouge, Louisiana (Telephone:
504/388-2570)*
Notice of Appearance All attorneys who have filed documents or who plan 1o otherwise participate in this proceeding, and who have not already done so, shall file on or before September 7, 1982, notices of appearance in proper form pursuant to 10 C.F.R. 2.713(b) (1982).
- If Applicant prefers, copies may be provided directly to the representatives of LCL and LSE.
In addition, the Board requests Applicant to have an up to date copy of the FSAR and ER for our use at all prehearing and hearing sessions.
. Service of Documents Until further order dismissing a petitioner, or otherwise limiting the service list, all pleadings, letters and formal technical exchanges between Applicant and Staff filed in this proceeding (except, after discovery commences, for extensive materials enclosed with a discovery response) shall be served on all petitioners and parties and on all appropriate Commission offices.
Such service shall be evidenced by a short certificate of service substantially in the following form:
I hereby certify that I have mailed, by first class [or express]
mail, postage prepaid, the [name of document] to each Board member, all parties, and appropriate Commission offices this day of
[ month] 1982.
Signature]
. Typed Namej
[ Title]
Consequently, it is not necessary to name each individual or party and their addresses in the certificate of service. The names and addresses l
set forth in the certificate of service accompanying this order provided by the Commission's Docketing and Service Section is correct.
Failure to serve documents as required shall be subject to appropriate sanctions.
1 Courtesy Notification As circumstances warrant from time to time, the Board will mail one l
copy of its orders and memoranda directly to each party, petitioner or
. other interested participant.
Such mailings are intended solely as a courtesy and convenience to those served to provide extra time.
Official service will be separate from the courtesy notification and will continue to be made by the Office of the Secretary of the Commission.
Unless otherwise stated, time periods will be computed from the official service.
III.
SPECIAL PREHEARING CONFERENCE A special prehearing conference to consider any contentions filed, together with any responses or opposition thereto, will commence at 9:30 A.M. in Baton Rouge, Louisiana on October 19, 1982.
The exact location will be fixed at a later date.
In addition to those contentions, the Board will, together with the parties, establish a preliminary schedule for completing any and all matters necessary to commence hearing on any contention or contentions found acceptable for litigation.
If the 1
Board finds at least one acceptable contention following the conference, the Board will issue a Notice of Hearing formally commencing this proceeding.
In that connection, all parties are directed to exchange on or before September 21, 1982 proposed schedules for the completion of discovery and any other preliminary matter.
Such schedules will provide for commencing hearing on or before April 19, 1983.
The parties are directed to consult among each other for the purpose of establishing a mutually agreed upon schedule for presentation at the October 19, 1982 prehearing conference.
. Any other pending matters not addressed in this Memorandum and Order will be considered at the prehearing conference.
ORDER I
For all the foregoing reasons and upon consideration of the entire record in this matter, it is, this 30th day of July, 1982 ORDERED 1.
That the petitions to intervene in this proceeding of Louisianians for Safe Energy, Inc. and Gretchen Reinike Rothschild, individually, are granted, contingent upon the timely filing of an admissible contention for litigation; r
2.
That the contentions of petitioners shall be filed with and j
received by the Board, counsel for NRC Staff, and Washington D.C. counsel for Applicant on or before September 7, 1982; and l
3.
That a preliminary prehearing conference to consider the l
contentions filed, any opposition thereto, and the schedule for further l
I actions by the parties shall commence at 9:30 A.M. in Baton Rouge, l
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T Louisiana, on October 19, 1982, and continue from day to day until completed.
For the Board
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- 5. Paul Cotter, Jrj ADMINISTRATIVE JUDGE
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