ML20076J988

Petition of Ohio Citizens for Responsible Energy for Leave to Intervene & Request for Hearing.Certificate of Svc Encl

ML20076J988
Person / Time
Site:	Beaver Valley
Issue date:	07/01/1983
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8307070202
Download: ML20076J988 (3)

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-a w:. d July 1, 983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION y jut &%'i983 >

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Before the Atomic Safety and Licensing Board Dggaf &h' /g In the Matter of ) "

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

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(Beaver Valley Power )

Station, Unit 2) )

OHIO CITIZENS FOR RESPONSIBLE ENERGY PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR AN ADJUDICATORY HEARING Pursuant to the Federal Register notice of June 1, 1983 (48 FR 24488) and the Commission's Rules of Practice, Ohio Citizens for Responsib]o Energy ("OCRE") hereby petitions the Nuclear Regulatory Commission for leave-to intervene in the above-captioned proceeding and also requests that an adjudicatory hearing be held concerning the issues to be raised by OCRE.

Petitioner OCRE is an unincorporated association of Ohioans concerned with the health, safety, environmental, social, and economic aspects of the generation of electricity using nuclear energy. OCRE consists of approximately 50 members statewide, with several residing within 50 miles of subject facility. These persons own property that would be affected adversely by the operation of said facility; consume foodstuffs that will be adversely affected by the operation of said facility; carn liulihoods which will be adversely affected by the operation of said facility; enjoy recreational pursuits which will be adversely affected by the operation of said facility; pay electric rates which will be adversely affected by the operation of said facility; and in short enjoy the rights of

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'o life, liberty, and property of which they cannot be deprived i

! without due process of law (Amendment 5 to the U.S. Constitution).

OCRE believes that S 189 of the Atomic Energy Act

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(42 USC 2239) providesthe due process vehicle by which OCRE's rights can be protected. This law requires the Commission to grant a hearing upon the request of any person. Accordingly, I

since OCRE has requested an adjudicatory hearing, the NRC must grant OCRE's request.

OCRE's interests will be affected by this proceeding and its outcome. OCRE believes that if the Beaver Valley 2  ;

operating license is granted, OCRE members will suffer irreparable harm, in that OCRE members could be killed, injured, or be inflicted with the " time bomb" of cancer and/or birth defects to their offspring from radiation releases from Beaver Valley 2 l

in the event of an accident; that such latent effects will occur from routine releases of radioactivity from said facility under

! normal operating conditions; that property owned by OCRE members i

will be contaminated and/or condemned in the event of an accident at said facility, without hope of fait compensation due to the liability limits established by the Price-Anderson Act; that

the human and natural environment will be so degraded by the operation of said facility that the health and welfare of mankind, and the enjoyable and productive harmony between man and his environment will be impossible (see 42 USC 4321);

and in that the general economic welfare of OCRE members and of the greater Ohio economy upon which they are dependent (which is already suffering a near-depression) will be so harmed by the operation of said facility that economic recovery

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e will be impossible.-

No later than 15 days prior to the special pre-hearing conference, this petition will be amended to include:

(1) the name and address of at least one OCRE member having judicial standing to intervene who has authorized OCRE to represent his/her interests, pursuant to the decision in Virginia Electric and Power Co. (North Anna Nuclear Power Station), ALAB-536, 9 NRC 402, 404 (1979); and (2) a list of i

contentions OCRE intends to litigate in this proceeding, filed pursuant to 10 CFR 2.714.

Respectfully submitted, Susan L. Hiatt OCRE Representative 8275 Munson Rd.

Mentor, OH 44060 (216) 255-3158 This is to certify that copies of the foregoing were served by deposit in the U.S Mail, first class, postage prepaid, this /91F day of _ L/ , 1983 to:

Secretary of the Comm. Executive Legal Director Docketing & Service Branch U.S. Nuclear Regulatory Comm.

U.S. Nuclear Regulatory Comm. Washington, D.C. 20555 Washington, D.C. 20555 i

Gerald Charnoff, Esq.

Shaw, Pittman, Potts, & Trowbridge 1800 M Street, NW

! Suite 900 South Washington, D.C. 20036 i

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