ML20083F549

Advises That Environ Coalition on Nuclear Power Has Not Shown Appropriate Standing & Interest & Has Not Set Forth Admissible Contentions in Petition for Leave to Intervene. Petition Should Be Denied.Certificate of Svc Encl

ML20083F549
Person / Time
Site:	Beaver Valley
Issue date:	12/28/1983
From:	Silberg J, Silberg J DUQUESNE LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Eva Hill, Margulies M, Purdom P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8401030153
Download: ML20083F549 (4)

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'ELEPMONE J AY E. SIL BE RG. P.C. 12028 522-6o63 Morton B. Margulies, Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 7dministrative Judge Ernest E. Hill 210 Montego Drive Danville, California 94526 Administrative Judge Paul W. Purdom 235 Columbia Drive Decatur, Georgia 30030 Re: Duquesne Light Company, et al. (Beaver Valley Unit 2) Docket No. 50-412 OL Gentlemen:

The Licensing Board's November 28, 1983 Order to Show Cause directed the Environmental Coalition on Nuclear Power

("ECNP") to show cause why the Board should not rule on the issues of ECNP's interest and standing and on its proposed Contentions 6, 7, 8, 10 and 11 based on the written pleadings "

filed prior to the Special Prehearing Conference and the presentations given at that conference. ECNP was given -14 days to respond.

Applicants have received no response from ECNP. This marks the second time that ECNP has failed to respond. It is there-fore appropriate that the Board rule on ECNP's participation, taking into account ECNP's failure to submit the revised affi-davit of Dr. Robert Freeman and its failure to add specificity to its contentions. For the reasons which Applicants have previously set forth, we believe that ECNP has not shown appro-

- priato standing and interest and has not adequately se t forth admissible contentions.

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SHAw. PITTMAN, PoTTs & TROWBRIDGE A PARTNERSMir OF PROFESStONAL CORPomatioNs Administrative Judges December 28, 1983 Page Two Although Applicants have received no submittal from ECNP, we have received a document entitled " Statement of Concerns of the Commonwealth of Pennsylvania," dated November 30, 1983. In that document, the Commonwealth indicated that it has "a particular interest" in matters raised by four of ECNP's proposed contentions, and urged the Board to consider its " concerns" in the forthcoming ruling on contentions. The Commonwealth had not commented on any of.these four contentions during the Special Pre-hearing Conference.

The Commonwealth indicated that it was advising the Board of its interest in these matters because boards in other NRC licensing proceedings had asked for such an ex-pression of interest, citing an unpublished order of July 27, 1981, in Pennsylvania Power & Light Co. (Susquehanna Steam Electric Station, Units 1 and 2). In that case, however, the order was issued more than two years after the Licensing Board had ruled on the admissibility of contentions, see LBP-79-6, 9 N.R.C. 291 (1979), and only two months before the start of the evidentiary hearings, see LBP-82-30, 15 N.R.C. 771 (1982).

Applicants believe that ECNP's interest and standing, ahd its proposed contentions, must be evaluated on their own merits. Only if ECNP's participation passes the tests established by 10 C.F.R. S 2.714 are its contentions admitted.

Indeed, since ECNP has failed to perfect its standing, the Licensing Board need not even reach the admissibility of its contentions. The Commonwealth has not sought to intervene in this proceeding nor has it requested that a hearing be held. The Commonwealth's November 30 pleading nowhere indi-cates that it wishes to change its participation from a 10 C.F.R. S 2.715(c) participant to a 10 C.F.R. S 2.714 intervenok. Nor would the Commonwealth's generalized state-

• ments on the four proposed ECNP contentions constitute ade-quately framed contentions, even if the Commonwealth were seeking intervention status. If the Commonwealth had wished to raise any of these issues as its own contention, "it

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SHAw, P:TTMAN, PoTTs & TROWBRIDGE A pamTNERSMe# OF pmCFESSeONat CORponATIONS Administrative Judges December 28, 1983 Page Three would be required to raise that issue itself by way of a contention meeting the pleading requirements of 2.714 (a) . "

Project Management Corp. (Clinch River Breeder Reactor Plant) ,

ALAB-354, 4 N.R.C. 383, 393 n.14 (1976); Gulf States Utilities Co. (River Bend Station, Units 1 and 2) , ALAB-444, 6 N.R.C.

760, 768 (1977).

Applicants respectfully submit that the Commonwealth's November 30 pleading does not cure the deficiencies in ECNP's proposed contentions or in ECNP's standing. ECNP's petition for leave to intervene must therefore be denied.

Ver truly yo s, M

J . E ilberg cc: Service List )

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UNITED STATES .0F AMERICA NUCLEAR REGUIATORY COMMISSION EEFORE THE ATOMIC SAFETY'hND LICENSING 30ARD In the Matter of )

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

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(Beaver Valley Power Station )

Unit 2) )

SERVICI LIST Morton 3. Margulies, Chairman Susan L. Hiatt Atomic Safety and Licensing Board 8275 Munson Road Mentor, Ohio 44060 U.S. Nuclear Regulate y Commission Washing:cn, D.C. 20555 Judith Johnsrud Administrative Judge Ernes: E. Eill 433 Orlando Avenue State College, FA 15g01 210 Montego Drive Danville, California 94526 Zori G. Ferkin, Esquire Administrative Judge Paul W. ?urdom Governor's Energy Council Post Office Ecx 8010 225 Colu.hia Drive Harrisburg, PA 17102 Decatur, Georgia 30020 Director, Pennsylvania Emergency Rcher: P e rl:..s , ,s qu '. re Management Agency Of::.ce c: tne rxecutive B-151, Transportation and Legal D:,. rector . .

Safety Building U.S. Nuclear Regulatory Co==2.ss:.on Harrisburg, Pennsylvania 17120 Washington, D.C. 20555 Thomas Gerusky, Director Atomic Safety and Licensing Board Bureau of Radiation Protection Panel Department of Environmental U.S. Nuclear'?egulatory Commission Resources

'Washincton, D.C. 20535 Fifth Floor, Fulton Bank Bldg.

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Third and Locust Streets Ato ;- c'#ety and Licensing Appeal Harrisburg, Pennsylvania 17120 Board Panel Ralph F. Walker U.S. Nuclear Regulatery Cc= mission -1518 Fif th Street Washington, D.C. 20555 New Brighton, Pennsylvania 15066 Docketing and Service Section Office of the Secretary C.5. Nuclear Regulatory Commission Washington, D.C. 20555

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