ML20062A988

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Order Establishing 781115 Prehearing Meeting to Discuss NRC Objections to License Application & State of Wa Petition to Intervene.Objections Relate to Failure to Establish Interest
ML20062A988
Person / Time
Site: Columbia Energy Northwest icon.png
Issue date: 10/11/1978
From: Bowers E
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7810190160
Download: ML20062A988 (4)


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%* R'jp++ /0 Before the ' Atomic Safety and Licensing Board <

c In the Matter of ) ,o 7f WASHINGTON PUBLIC POWER SUPPLY )

SYSTEM ) Docket No. 50-397 OL (WPPSS Nuclear Project No. 2)

ORDER RELATIVE TO PETITION FOR LEAVE TO INTERVENE BY SUSAN M. GARRETT, HELEN VOZENILEK, AND HANFORD CONVERSION PROJECT (0 '

N.) The Nuclear Regulatory Commission (NRC) gave notice in l the Federal Register on July 26, 1978, of its receipt of an application for an operating license for WPPSS Nuclear Project No. 2. 43 F.R. 32338. On August 28, 1978, Susan M. Garrett and Helen Vozenilek, as individuals, and as representatives of the Hanford Conversion Project (HCP) submitted a timely petition to intervene. The petition was

'r not, served,
as required, on either the NRC Staff or counsel

\(d for Applicant so that their timely responses were somewhat, delayed. Ms. Garrett and Ms. Vozenilek reside in Portland, Oregon. The members of HCP named in Attachment A living in closest proximity to the plant (Mr. Snow and Ms. Beadle) reside 50 miles or more from the site in Yakima, Washington.

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[ The petitioners all proffer the same three bases for a finding of interest, as follows: (1) accidental release of radioactivity would adversely affect their lives and property l because of contamination transported via wind currents, river  !

, I flow, and the food chain; (2) they would be affected as rate- i payers; and (3) their recreational use of the Columbia River ,

would be denied t,o them should there be accidental contamina-tion of the river. (

- The petition set forth proposed contentions relative to-I k (1) the lack of a cost / benefit analysis; (2) need for power; (3) permanent waste disposal; (4) transportation of radio-active materials, (5) security measures at the facility; and (6) normal radioactive releases.

The NRC Staff responded on September 18, 1978, but this document inadvertently was not served on petitioners until J

October 6, 1978. The Staff opposes "the petition at this time." The Staff pointed out that the two individual petitioners live over 150 air miles and 200 river miles from the site and members of HCP, with the exception of the two in Yakima, all reside more than 150 miles from the site.

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~[ T5teStaffalsomentionedthattheallegedpostulatedinjury was not delineated with particularity. The Staff discounted the ratepayer status and mentioned the lack of authorization from members of HCP. The Staff pointed out the right of f petitioners to cure the noted defects up to 15 days before the special prehearing conference.

On September 22, 1978, the Applicant opposed the

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) petition on the bases of failure to establish interest, I failure to set forth a valid contention, and no evidence that petitioners' participation may reasonably be expected to assist i in developing a sound record.

By letter of September 27, 1978, the Energy Facility Site Evaluation Council of the State of Washington urged the Board to deny the petition. The State of Washington has ,

requested participation as an interested state under 10 CFR

$2.715(c) only in the event that a hearing is otherwise determined to be appropriate.

The Board will make arrangements for a prehearing con-ference to be held on November 15, 1978. The time and place will be the subject of a subsequent order. If petitioners

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wish to file an amended petition to correct the deficiencies j l

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IT IS SO ORDERED.

. F0k THE ATOMIC SAFETY AND LICENSING BOARD m sk 4tl2A=~

Elizabeth S. Bowers, Chairman Dated at Bethesda, Maryland This lith day of October 1978.

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