ML20077C848

Amend to Petition to Intervene in OL Hearing.Petitioner Makes Requisite Showing That Members Have Standing & Have Authorized Petitioner to Represent Interests.Contentions to Be Litigated Identified.Certificate of Svc Encl

ML20077C848
Person / Time
Site:	Marble Hill
Issue date:	07/21/1983
From:	Lynch M SASSAFRAS AUDUBON SOCIETY
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8307260268
Download: ML20077C848 (12)

Text

_.

.. f e

UNITED STATES OF AMERICA ,,

NUCLEAR REGULATORY COMMISSION f yrg,, ~"-.. # if..

--_ s , ,

BEFORE THE ATOMIC SAFETY AND LICENSING' EOARD1., '.i;n . /C ,

L -

In-the matter of ) J' - Yi PUBLIC SERVICE COMPANY OF INDIANA, I N C .-- )

) (bf WABASH VALLEY POWER ASSOCIATION, INC. )

Docket Nos* 50 SY[

50-547

)

(Marble Hill Nuclear Generating )

Station, Units 1 an,d 2) )

AMENDMENT TO THE SASSAFRAS AUDUBON SOCIETY PETITION FOR INTERVENTION IN OPERATING LICENSE HEARING

~ ~

I. INTRODUCTION i On response to the Nuclear Regulatory Commission staff response dated May 13, 1983, we file this amendment to our petition to intervene, postmarked April 23, 1983.

II. DISCUSSION A. Standina

1. Delbert H. Rust, Evelyn Chalmers Seward, and Nancy

~

b.'Pettyjohn of Columbus Indiara are residents within a fifty mile radius of the proposed nuclear plant, an area which could be affected by routine or accidental. release of fission products from the plant. For this reason, thesa parties' pursuit of normal and o

recreati~nal activities could be affected. Delbert H. Rust, Evelyn Chalmers Seward, and Nancy D. Pettyjohn are members in good standing'in the Sassafras Audubon Society and by affidavit attached do hereby authorize the Sassafras Audubon Society to represent their interest in the Marble Hill Nuclear Plant proceedings cited above.

f 8307260268 830721 PDR ADOCK 05000546 w.

O PDR

(2) '

e 4

2. The Sassafras Audubon Society has approximately 600-members in the counties of Owen, Lawrence, Greene, Monroe, Brown, Morgan and Bartholomew. Virtually all of these members reside within 100 miles of the plant site and have property, realthi'or recreational activities affected by the operation of

~

the' plant. Sixty-two of these members live within fifty miles

~

of-the plant. The Society, as a chapter of the National Audubon

-Society, is dedicated to the conservation of wildlife and other natural resources and to the sound protection of the natural environment. To accomplish these. purposes, the Sassafras Audubon Society engages in public education,-scientific research, and educational / recreational outings, and_ speaks for the public interest in the natural environment. Our activities include educational outings and research in areas within fifty miles of the plant site; including the eastern section of the Hoosier

. National Forest, the Falls of the Ohio near Louisville, the Indiana Knobstone Trail System near New Albany, the Muscatatuck

~

~ National Wildlife Refuge, Clifty Falls State park, and the r

East and South Forks of the White. River. Thus, Sassafras Audubon submits that there are demonstrable environmental, health, and

! ' recreational inter'ests of the organization affected by the outcome of this proceeding. Sassafras Audubon suffers recreational and

, aesthetic " injury in fact" because its programming includes, and its members use, the land in the potentially impacted area of the plant. See, United States v. SCRAF, 412 U.S. 669 (1973). Our interest in this proceeding stems from our protectionist goal and is of an adversary rather than an academic nature. As described, our Society possesses the necessary expertise to contribute on substantial issues of fact which would otherwise not be properly

3

.. (3) 6 ,-

raised or pursued. These issues are relevant to the deter-mination of technical, environmental, aesthetic, health and wildlife concerns inherent in the operation of a. nuclear power plant in-this area. In addition, our chapter activities in the area'of energy development and use can shed light on several concerns we raised in our Petition. Failing to adequately consider these concerns ~or " aspects" will also, we believe, cause an " injury in fact" to our organization and its individual members.

The policy and purpose of the Atomic Energy Act (42 U.S.C.

62011, 2013 et sea) call'for the Act's " maximum contribution to the general welfare" by providing for programs "to encourace widespread participation in development and utilization of atomic energy for peaceful purposes to the maximum extent consistant with ... the health and safety of the public." (emphasis added) Thus, in addition to the " injuries in fact" described above, the Society's concerns are arguable within the " zone of interest" protected by the

-statute invoked.

Besides the legally protected interest of the organization and its members, Sassafras Audubon Society has a " personal stake" and "adversarial interest" in these. license proceedings. The Society's

" personal stake" is more than that of each member's concern of actual interference with normal activities; it is also an " ideological" personal stake based on good faith personal views and subjective feelings. Cf[. , Citizens Committee for Hudson Valley v. Volpe, 425 F.2d 97 (2d Cir. 1970). This personal stake is more than "merely"

, academic: The group's ability, means and desire to participate in these and other proceedings have led to active attempts to intervene.

Sassafras Audubon Society's present efforts demonstrate a significant ability to contribute on substantive issues relating to Marble-Hill,

f.

-(4) -

l 1

including the willingness to assume the burdens and costs of litigation. See Citizens. Committee for Hudson Valley, supra.

Finally Sassafras Audubon Society accepts that " judicial concepts of standing" should control the issue of' requisite 1 interest to intervene; these standards, we assert, have been met. The Society also respectfully points out, however, that many of the standards relied upon by the-NRC were judicially developed to govern the stricter area cf standing to petition for court review of administrative actions, not participation in the i i

proceedings themselves.

B. Specific Aspects of the Proceeding l

We declare that the " contentions which Sassafras Audubon j would raine" in our petition are specific aspects of the subject matter of the proceeding in which we wish to intervene.

- Further-more, in regard to the' issue of "need for power", we assert that special circumstances exist which support an exception to the amended rule prohibiting consideration at the operating license I

stage of the need for power issue.

Sassafras Audubon asked the NRC on September 4, 1979 to add the question of need to the list of issues on which we requested a hearing, noting that: i i

1. PSI had based need on a highly inflated growth rate of I electrical consumption, and,

2. PSI had lowered their 1977 growth estimate of 8% to 6%

in 1979; this new estimate still being far above less biased-estimates.

The NRC document, Director's Decision under 10 CFR 2.206 of November 27, 1979, denied the Society's request noting:

-]

.a.

(5) .

"Considering tM uncertainties attendant to forecasting the probable reclassification and/or decourissioning of. I certain older units cn PSI's system over the next decade, I the substitutico of nuclear baseload plants for older-fossil plants, and the probably higher-than-average (National) groth rate in PSI's service area, the Board finds that Marble Hill, Units 1 and 2, will be needed in the early to mid 1980's (6 NRC 311) . .

The NRC further noted:  !

1 "Small variations in need for pcwer and facility costs would  ;

not change these ccnclusions. In addition, any reanalysis of the cost-benefit balance fo- Marble Hill would have to ccnsider t M costs already e w ded cn the facility. There- ,

fore, the SAS allegations of.a declining grwth rate for i electrical consumption and increasing costs of ccnstruction are not of the type and substance likely to have an effect cn the need for power issue such that relitigaticn is warranted, even in an operating license proceeding." ,

Sassafras Audubon, in our APPEAL TO COMMISSION TO REVIEW DIRECTOR'S DECISION UNDER 10 CFR 2.206, of December 10, 1979, asserted special circumstances worthy of a hearing:

1) Marble Hill's power will not be needed in the for-seeable future in the PSI service area. PSI possessed a current peak load overcapacity of 53%. Their own data showed that Marble Hill would not-be needed in the next several decades. Population

~

growth in the region grew only 25%-as fast as the rest of'the country during 1970-77 and was forecast by the U.S. Commerce Dept. to grow only 45% as rapidly from then to the year 2000.

We also noted that energy costs have caused a decline in consumption e

and that the increased energy produced by conservation and improved energy productivity were almost three times the total increase in U.S. energy consumption. (Vince Taylor, The Easy Path Energy Plan, May 30, 1979, Cambridge, MA. UCS).

2) The cost of Marble Hill should be realistically re-calculated in terms of s' oaring construction costs.

'The NRC denied the-Society's appeal in March 1980 on a'3-2 vote with Peter Bradford writing a-dissenting opinion. The

_w

.'Y (6) .

decision was made on very narrow grounds (see decision).

On' March 25, 1980, at a meeting held by the NRC Office of Inspection and Enforcement, on the ' response of PSI to the NRC

" Order Confirming Suspension of Construction".at Marble Hill, Sassafras Audubon again noted:

"The paramount question ecncerning Marble Hill is not whether safety-related construction should be restned, but whether all construction should be stopped. Should the public be subjected to the dangers inherent _in the operaticn of this plant, including the storage of the plant's highly toxic wastes on site, if its power is not needed? .... the expected populaticn grchth and .

general econcmic activity in its service area.i,s likely to remain lcw, belcw the Nation's awrace."

The NRC Licensing Board has stated-in their decision concerning need for power, " the probable higher than average (National) growth rate in PSI's service area" as_one of the reasons for finding that Marble Hill was needed. As the U.S. Commerce Department figt$res showed, this'was a totally unwarranted assumption based on 1970-77 data.

~ . Fred Hauck of Save the Valley testified at the 1977 L -construction permit' hearing on behalf of all intervenors that Marble Hill was not-needed, based on his projections of popula-l tion, electrical demand, and data from PSI annual reports. Mr.

Haucl' has updated his projections annually. The October 1982

! hearing in Indiana on the economics of completing Marble Hill f verified his predictions. From the time of the construction

. permit hearing, Sassafras Audubon has been denied the opportunity to present new and significant evidence on this question at a i-l timely point in the licensing and construction process.

4 i /

a  :.

. (7)

III. Conclusion For the reasons given above, the Sassafras Audubon Society. submits that'we have made the requisite. showing that one or more of our members have staLJing and have authorized the Society to represent their. interest in this proceeding and that the Sassafras-Audubon Society as an organization has standing. In addition,.we identify those contentions we wish to litigate; including a special exception for consideration of "need fnr power." Respectfully submitted, MaryPakLynch, President Indiana Sassafras Audubon Society New address:

6620 E. State Rd. 45 Bloomington, IN 47401 Dated at Bloomington, Indiana this 21st day of July, 1983 E

p- .

( /. !f BEFORE THE--ATOMIC SAFETY AND LICENSINGl.130ARDi, L-

. .

. 'l p , -i

'In'the matter of )

.4

): '

f

~

, , 3, ,, /0

- PUBLIC SERVICE COMPANY OF INDIANA, INC. ) . DockeUNo's"*

WABASH VALLEY' POWER ASSOCIATION, INC. - ) -

m

' 54[

54

-(Marble Hill Nuclear Generatinq

)

)

Ng/.7,

La t i on , Unitti i and 2) )

AFFIDAVIT COMES NOW, Evelin Chalmers Seward being. duly sworn, states that the following is true:

1. That I reside at 632 Lafayette _ Ave., Columbus2 Indiana, 472,01 within 50 miles of-the Marble Hill site.

2. That I am a meinber in good standing of the Indiana Sassafras Audubon Society, Inc.

3. Thut-my unviconmental, recreational, heaith, and property interests are affected by the outcome of-the Operubing Licensing proceedings for Marble Hill Units 1 and 2.

4. That I authorize the' Sassafras Audubon Society, Inc.

- to represent my interests in these proceedings.

/R lM& MbA (w.

STATE OF. INDIANA COUNTY OF BARTHOLOMEW Sworn and subscribed to before me on this 15th day of July ,

1983.

s

-. bf m , u_ - +L My commission expires: .

Residence: Bartholomew County, IN Feb. 14, 1987

y_ a - . . .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,

In the. matter of .)-

). .

PUBLIC SERVICE COMPANY. OF INDI ANA, 'INC. )

WABASH VALLEY POWER ASSOCIATION, INC. ) Dock'et Nos'.50-54650.-5A7-

~ . -

) ,.

"~

- (Marble ' Hill Nuclear . Generating -)

Station, Units 1 and 2) .)

AFPIDAVJT COMES NOW, O Ei.8 6 6 '//. MV67 being duly sworn, states that the following is true: ggg y, 7g ,.g, gj7--

1. That I reside at Cot dmB/5 /NWW4 (7403 ,

within 50 miles of the Marble Hill site.

2. That I am a member in good standing of the Indiana Sassafras Audubon Society, Inc.

3. That my environmental, recreational, health, and 4

property interests are affected by the outcome of the Operating Licensing proceedings for Marble Hill' Units 1 and 2.

4. That I authorize the Sassafras Audubon Society, Inc.

to represent my interests in these proceedings.

STATE OF INDIANA COUNT.Y OF BARTHOLOMEW Sworn and subscribed to before me on this /N day of $C14Y ,

W n.

Gncin ounuJ Ccu AY, My commission expires:

. APai I"l176.

7_ 7 .

p.

t'

_BEFORE THE: ATOMIC SAFETY AND LICENSING' BOARD- -

In the matter of )

)

PUBLIC SERVICE COMPANY OF INDIANA, INC.)

WABASH -VALLEY. POWER - ASSOCIATION, INC.

Docket Nos* 50-546

) 50-547 ,

)

(Marble Hill Nuclear Generating )

i Station, Units'1 and 2) )

AFFIDAVIT COMES NOW, c.o D ho4Mu ichn being _ duly sworn, states that the following is>true: dd

-1. That I reside at } (c M fems l< h* n $r J Clumbn< Ilu ,

J-within 50 miles of the Marble Hill site.

2. That I am a member in good standing of the Indiana Sassafras Audubon Society, Inc.

3. That my environmental, recreational, health, and p .

property interests are affected-by the outcome of the Operating Licensing proceedings for Marble Hill Units 1 and 2.

4. That I authorize the Sassafras Audubon Society, Inc.

-- .to represent my interests in these proceedings.

_' \

Gnc\

j i

Ilif U '.

STATE OF INDIANA '

COUNTY OF BARTHOLOMEW

-Sworn and snbscribed to before me on this onc, day of .y,21 v l oS 3, 1983. . .

/- WhasN N t2YM My commission expires

.

Victoria K. Talker Jan. 25, 1987 l

yx  ; '

,:s

'l (/4 N

<s CERTIFICATE OF SERVICE -

'.i I;hereby certify that copies of the Sassafras Audubon amendment to our petition to intervene in the Marble Hill Operating Licensing process have been served on the following by deposit in the-United States Mail, first class, this 22nd. day of July, 1983.

Ivan W. Smith, Esq., Chairman Joseph B. Helm, Esq.

Administrative Judge Brown, Todd & Heyburn Atomic Safety and Licensing Board -Citizens Plaza, 16th Fl.

U.S. Nuclear Regulatory Commission Louisville, KY 40202 Washington, DC 20555 Dr. Harold G. Cassidy Robert Gray Save the Valley, Inc.

Rural Route #1 605 W. Second St.

Hanover, IN 47243 Madison, IN 47250 Harry H. Voight, Esg. -George A. Leininger, Jr. Esq.

Leboeuf, Lamb, Leiby;and MacRae City Attorney, City of Madison 1333 New Hampshire Ave., N.W. #1100 P.O. Box 826

, Washington, D.C. 20036 Madison, IN 47250 Charles W. Campbell, Esq. Walker C. Cunningham,-Jr. Esq.

Public Service Company of Indiana 1129 Kentucky Home Life Bldg.

1000 E. Main Street Office of the Jefferson Cty. Atty.

Plainfield, In 46168 Frankfort, KY 40601

- Ted. R. Todd, Esq. Panald J. Ridings, Esq.

Board of Commissioners of Attorney for Jefferson County Jefferson County 610 Old Louisville Trust Bldg.

P.O. Box 4007 Louisville, KY 40202 Madison, IN 47250 Mrs. Marie Horine, President Thomas M. Dattilo, Esq. Save Marble Hill 311 East Main St. Route 2 Madison,.IN 47250 Lexington, IN 47138 Michael J. Walro, Esq. David K. Martin, Esq.

Plan' Board and Board of Zoning Assistant Attorney General Appeals- Jefferson County Room 34, State capitol' 427 E. Main Street Lousiville, KY 40202 Madison,'IN 47250 Peter F. Manning, Esq.

Ralph C. Pichard Assistant Director of Law Environmental Management City of Louisville

. Board 200 City Hall 1330 West Michigan St. Louisville, KY.40202 Indianapolis, IN 46206

7.

o', --

(2)' '

. Tom Zeller',.Vice President Valley: Watch, Inc.

, P.O. .. Box 2262 Evansville, IN'47714 ,

a n ~-

l-i Mary Pat Lynch, resident l Indiana Sassafras'Audubon Society t . ..

}

+

. 4 i

4 t

k i

• l l,

i i

r t

n 9

k

[

i r..

I f

4

-- e iF-v .-w.-v.---v.r-, -. re. _4, _%-w-.-,,r,,. , , --w+evy.,ww ww-.w.,,-., ,-,mem,w.,,.,w,-,-.r. ,,-.e,,,w.,-e-e, v.,.,,, . , , ,,..,.v+,w,-