ML20070M291

Supplemental & Amended Petition to Intervene of ML Scott, Bs Bush & Coalition for Responsible Energy Education.* Petitioners Should Be Allowed to Intervene & Contentions Admitted.W/Certificate of Svc

ML20070M291
Person / Time
Site:	Palo Verde
Issue date:	03/13/1991
From:	Michael Scott COALITION FOR RESPONSIBLE ENERGY EDUCATION
To:	Jordan W, Kline J, Smith I Atomic Safety and Licensing Board Panel
References
CON-#191-11533 91-633-05-OLA-2, 91-633-5-OLA-2, OLA-2, NUDOCS 9103210152
Download: ML20070M291 (10)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION r

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Before Administrative Judges  % taMTING & . %f Ivan W. Smith, Chairman W Dr . Wa l te r 11. Jordan @, _ M[,MMC"fQ/j gj' f Dr. Jerry R. Kline q r f

in the Matter of ) Docket Nos. 50-528-OLA-2

) 50-529-OLA-2 ARIZONA PUBLIC SERVICE ) 50-530-OLA-2 COMPANY, et al. ) ASLGP No. 91-633-05-OLA-2

) (Allowable Setpoint (Palo Verde Nuclear Station ) Toleranco)

Unit Nos. 1, 2 and 3 -)

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SUPPLEMENTAL AND AMENDED PETITION TO INTERVENE OF MYRON L. SCOTT, BARBARA S. BUSH AND THE COALITION FOR RESPONSIBLE ENERGY EDUCATION

1. Introduction Myron L. Scott hereby amends and supplements the Petition for Leave to Intervene," etc. filed in the above-captioned matter on behalf of Mr. Scott, Barabara S. Bush and the Coalitiom for Responsible Energy Education (" CREE").

This amendment responds to concerns addressed by the Board in its Memorandum and Order.of February 19, 1991.

II, etanding of Petitioner Scott Petitioner stipulates that his permanent residence t

is approximately 50 miles from Palo Verde Nuclear Generating Station ("PVNGS") (in Tempe, Arizona). Petitioner is a member of the CREE Board of Directors, formerly Executive Director, i and Intervention Coordinator of CREE, and in that capacity asks to act as co-intevenor representative for CREE, in l

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t addition to or in lieu of acting 6s intervonor pro por e in this proceeding.

In support of his personal standing and in support of CREE's standing, Mr. Scott states that he is an active hiker, camper, birdwatcher and photographer, and has and continues to engage in these activities within close Proximity to PVNGS at locations including the liarquahala Valley, the Eagle Tall Mountains, Painted Rocks State Park, the Estrella Mountains (as recently as November, 1990), and i the White Tank Mountains (as recently as January, 1991).

Any PVNGS radiological accident could adversely affect Scott's recreational and option value interests in those locations.

Further, Mr. Scott states that he has filed several Petitions to Show Cause relating to PVNGS in the past, including Petitions directly dealing with questions of management competence and character, quality assurance, and whistleblower harassment and intimidation, that are pertinent to the -

contentions in these current proceedings. Further, Scott '

has worked and works c.'osely with current and former PVNGS.

employees raising the aforementioned concerns end may be in a position to present evidence from some such workers that is pertincat to the current proceedingb.

III. Standing of Petitioner Bush-All of the facts stat'dein support of Mr. Scott'a standing apply equally to Ms. Bush, excepting that Ms. Bush 2-W 2

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I currently is CREE's Executive Director, is not and never hani l r

been CREE's intet vention Coordinator, and has never recreated I i

in the Eagle Tall Mountains. In all other respects, Petitioners f

hereby adopt and incorporate the statement on Mr. Scott's

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grounds for standing as regardo Ms. Bush's standing claim.  !

owing to time and transportation problems, Ms. Bush I

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was unable to provide an affidavit for service with this l

I Petition. Duplicate copies of her affidavit will be served  ;

f within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />. '

I i i i IV. CREE Standing Both Mr. Scott and Ms. Bush are members, directors fi and present or past officers of CREE (and ABE). Therefore,  !

I the discussion of their standing is relevant to the issue  !

of CREE's standing, and those discussions are hereby adopted  ;

5 and incorporated as regards CREE's standing. '

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In addition, several members CREE live and/or own a l

i property well within fifty miles of PVNGS, and CREE seeks  !

to intervene on those members' behalf. Several such CREE members have or will submit af fidavits attesting tx their t t

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proximity to PVNGS and safety, health, and propercy interests  !

that could be directly adversely. af fected by any reduction i

! in PVNGS safety and operating officiency. - -

Two'such affidavits ace" eony this Petition. -One '

i affidavit is by-CREE founder, former President, and member,- -.

-John Stigner, who rents and lives within.approximately 40 miles of PVNGS. The other accompanying affidavit is from  !

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CREE Board of Directors member bornin Kadish, who lives and owns property within approximately 45 miles of PVNGS.

In addition, Petitioners will submit an affidavit from Claire Estes within the next 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />. Ms. E s t.c s , a CREE member, lives and owns property and livestock within approximately 30 miles or less of PVNGS. Ms. Estes' address ist 4929 W. Steinway Dr.

Laveen, AZ 85339 (phones (602)237-2158)

(mailing address:

Rt. 1 P.O. Box 33 Laveen, AZ 85339).

Owing to time and transportation difficulties, Ms. Estes' affidavit was not' available for filing at this time.

In addition to representing members who will be adversely affected by radiological or other accidents at PVNGS, intervention by CREE is consistent with past NRC practice of recognizing intervenor status on behalf of the oeneral (local) public interest. Indeed, the NRC has recognized this role for CREE in numerous past Petitions to Show Cause, as has the Department of Labor in proceedings under the federal Nuc! car Whistleblower Protection statute. CREE has also intervened in the public interest in a half-dozen s

Arizona Public Service proceedings before the Arizona Corporation Commission including current hearings. Generally, CREE has been the leading public interest group on both public health, safety, and environmental impact issues, on the one hand, and economic and energy policy i.as.ues rela ted to PVNGS, ,

r on the other, for nearly a decado. Moreover, the original f, PVNGS ASLB public interest intervenor, the Palo Verdo l Intervention Fund, officially merged with CREE some six years [

ago. CREE's participation thus furthers public interest policy.  ;

i Moreover, as discussed below, CREE's participation as intervenor i will not unduly broaden the istues or lead to delay in this proceeding. I l

V. Contentionn  ;

In general, CREE moves the Board to tecept the  !

t contentions raised by the Mitchell Petitioners as joint  !

contentions. Jointly with the Mitchell Petitioners, Petitioners  ;

i Scott, Bush and CREE contend, inter alla thats (1.) the technical specifications are outside safety range, with the possible result of release of excess  ;

i radiation; *

(2.) the proposed change re flects (rathef than meaningfully corrects) n general breakdown in quality assurancer I e

(3.) the licensee has improperly intimidated and  !

harassed employees attempting to correct problems.

t Moreover, Petitioners contend that these events, particularly inadequate quality assurance and worker harassment, reflect  ;

a continuing pattern during-several PVNGS management personnel l changes and therefore reflect general _PVNGS management  !

incompetencs.

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. t VI. Conclusion l For all the foregoing reasons, Petitioners should j allowed to intervene and their contentions admitted.  !

Respectiully suomitted:

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Myron L. Scott  !

Lewis & Clark Northwestern Sch.)ol of 1,aw '

10015 S.W. Terwiliiger nivd. [

Portland, OR 97219 (503)234-6150 e t

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March 8, 1991 1, John T. Stigner, a menber of the Coalition for Responsiblo Energy Education (CREL), do hereby state that liy wife, Brenda, and 1 reside at and I work in my residence at foxwood Aportmento, 6]?.1 N. 27th AV, Apt.#1003, Phoenix Arizona 05017-1750 - Phones (602) 433-2070.

I nuthorize any repreocntative of CRCE to opcak and/or act on my behulf during any and all discussionn, meetings, hearings, etc. concerning any and all insues rc19ted to the Palo Verde Nucient Generating Station.

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1 March 8, 1991

, To Whom It May concern:

l This is to certify that I am a member of the Coalition I

) for Responsible Energy (CREE) and do hereby authorir.o any i

responsible member of CREE to speak or act in my behalf at 4

any and all discussions, meetings, hearings, etc.,

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concerning any and all issues related to the Palo Vorde

Generating station.

• 1 I hereby r, tate that I reside at 3130 North 37th l

i Streot, Phoenix, AZ 85018 and that my telephono number is

602-957-7579, a

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CERTIPlCATE OF SERVICE 1 hereby certify that the forgoing Supplemental Petition has been served this lith day of March, 1991, in the manner noted below ,3 Office of the Secretary (l.)(2.) tcC'33EU fa U.S. Nuclear Regulatory Commission (USNRC)Ci -

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Washington, D.C. 20555 t%R 13 O T ATTN. Docketing and Service Branch  ?' rgrimo6 (301)492-7285 outvCE ggNCH <f ro ,

SEcY NRC -

f-Administrative Law Judge (2.)

lvan W. Smith, Chairman Atomic Safety and Licensing Board (ASLB)

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USNRC washington, D.C. 20555 Administrative Law Judge (2.)

Dr. Jerry L. Kline ASLB USNRC Washington, D.C. 20555 Administrative Law Judge (2.)

Dr. Walter !!. Jordan I

ASLPB -

881 West Outer Dr.

Oak Ridge, TN 37830 i-Office of the General Counsel (2.)

USNRC washington D.C. 20555 l Barbara S. Bush (3.)

CREE 315 W. Riviera Dr. -

Tempe, AZ 85282 .

David K. Colapinto, Esq.(3.)

Kohn, Kohn & Colapinto 517 Plorida Avenue, N.W.

Washington, D.C. 20001

. Arthur C. Gehr, Esq.(3.)

Snell & Wilmer

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3100 Valley Bank center Phoenix, AZ 85073 4

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Jack R. Newman, Esq.(3.) '

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Newman & ilolt zinge r , P.C.  ;

1615 L. Street, N.W.  !

Washington, D.C. 20036  !

i (1.) by FAX (2.) by Express Mail at Portland, Oregon  !

(3.) by First Class Mail at Portland, Oregon i I!Y :

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9 Myron L. Scott

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