ML20072P060

Answer Opposing Environ Coalition on Nuclear Power 830630 Request for Hearing & Petition to Intervene.Requisite Showing of Interest Not Met.Petitioner Fails to Identify Nature of Member Interests.Certificate of Svc Encl

ML20072P060
Person / Time
Site:	Beaver Valley
Issue date:	07/14/1983
From:	Silberg J DUQUESNE LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8307180225
Download: ML20072P060 (5)

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UNITED STATES OF AMERICA J2 NUCLEAR REGULATORY COMMISSION -

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In the Matter of ) N

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DUQUESNE LIGHT COMPANY, ET AL. ) Docket No. 50-412

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(Beaver Valley Power Station, ) (Operating License)

Unit 2) )

APPLICANTS' ANSWER TO ENVIRONMENTAL COALITION ON NUCLEAR POWER REQUEST FOR OPERATING LICENSE HEARING AND PETITION FOR LEAVE TO INTERVENE THEREIN By filing dated June 30, 1983, Environmental Coalition on Nuclear Power ("ECNP") submitted its " Request for Operating Lic-ense Hearing and Petition for Leave to Intervene Therein" .

Applicants respectfully submit that ECNP has not made the requisite showing of interest required by 10 C.F.R. S2.714.

While ECNP has named a number of individuals claimed to be members of the organization and has generally averred that they

" reside well within - the fif ty-mile radius of Beaver Valley, Unit 2", more is required to demonstrate standing under the standards established by the Commission. An organization can establish standing through its members .whose interests may be affected.

Public- Service Co. of Indiana '(Marble Hill Nuclear Generating .

Station, Units 1 and=2), ALAB-322, 3 N . R.C. 238, 330-(1976).

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.d To satisfy this requirement,

[B]oth the Board and the other parties were entitled to be provided with suf-ficient information to enable them to determine for themselves, by indepen-dent inquiry if thought warranted, -

whether a basis existed for a formal challenge to the truthfulness of the assertions in the. . . petition.

Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 N.R.C. 377, 393 (1979) (emphasis in original). Each identified member must " explicitly identify the nature of the invasion of [the member's] personal interest which might flow fr'om the proposed licensing action. " Id. at 393. The mere fact that an individual lives "in close proximity" to the reactor in question is not enough to confer standing. The names and addresses of individual members must be provided. Id. And the individual members must confirm that they have authorized ECNP to represent their interests in the proceeding. Id. at 396.

In addition to having failed to demonstrate its standing to inter-vene as a matter of right, ECNP has made no attempt to satisfy the discretionary intervention standards established by the Commission in Portland General Electric Co. (Pebble. Springs Nuclear Plant, Units 1 and 2) , CLI-76-27, 4 N.R.C. 610 (1976). For all these reasons, ECNP's petition should be denied.

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ECNP's filing also contains a request for financial assis-tance from the NRC. As ECNP has been informed in other proceedings, the Commission does not grant financial assistance in a proceeding of this type. Pennsylvania Power & Light Co. (Susquehanna Steam Electric Station, Units 1 and 2), LBP-79-6, 9 N.R.C. 291, 326 (1979);

see also Pennsylvania Power & Light Co. (Susquehanna Steam Electric Station, Units 1 and 2) , ALAB-613, 12 N.R.C. 317, 336 (1980);

Financial Assistance to Participants in Commission Proceedings, CLI-76-23, 4 N.R.C. 949 (1976).

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By: 2 rm Silberg g'

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Counsel for Applicants 1800 M Street, N.W.

Suite 900, South Lobby Washington, D.C. 20036 Telephone: (202) 822-1000 Dated: July 14, 1983

L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

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DUQUESNE LIGHT COMPANY, ET AL. ) Docket No. 50-412

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(Beaver Valley . Power Station, ) (Operating License)

Unit 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Answer to Environmental Coalition on Nuclear Power Request for Operating License Hearing and Petition for Leave to Intervene Therein" were served upon those persons on the attached Service List by deposit in the United States mail, postage prepaid, this 14th day of July, 1983.

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JaT/ E. Silberg I

-Dated: July 14, 1983-i

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. l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of . )

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DUQUESNE LIGHT COMPANY, ET AL. ) Docket No. 50-412

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(Beaver Valley Power Station ) (Operating License)

Unit 2) )

SERVICE LIST Morton B. Margulies , Chairman Atomic Safety and Licensing c.

Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Administrative Judge Ernest E. Hill 210 Montego Drive Atomic Safety and Licensing Danville, CA 94526 App 6c.1 Board Panel U.S. Nuclear Regulatory Administrative Judge Paul W. Purdom Commission 235 Columbia Drive Washington, D.C. 20555 Decatur, GA 30030 Docketing and Service Section Robert Perlis, Esquire Office of the Secretary Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Judith H. Johnsrud --

Co-Director and Legal -

Representative

~ Environmental Coalition on Nuclear Power 433 Orlando Avenue State College,, PA 16801 f

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