ML20099A498

Petition by Austin Citizens' for Economical Energy;Includes Bill of Contentions.Asserts Standing to Intervene.Also Asserts Same 21 Contentions as D Marke

ML20099A498
Person / Time
Site:	South Texas
Issue date:	01/19/1979
From:	Marke D External Citizen/Individual/Media (Affiliation Not Assigned)
To:
Shared Package
ML20099A491	List: ML20099A488 ML20099A493 ML20099A498 ML20099A502 ML20099A505
References
NUDOCS 7902220164
Download: ML20099A498 (4)

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s_ . W UNITED STATES OF AMERICA s - .

NUCLEAR REGULATORY COMMISSION _ T ,

-- BEFORE THE ATOMIC SAFETY AND'LTCENSING BOARD In the Metter of )

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HOUSTON LIGHTING AND POWER CO., ) Docket Nos. 50-498.

ET AL. ) 50-499

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(South Texes Project. Units 1 end 2) )

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PETITION BY AUSTIN CITIZENS FOR ECONOMICAL ENERGY

. &EL OF CONTENTIONS ..

Austin Citizens for Economical, Energy liereby'sumitts for leave to intervene in the Operating License Hearing for the South Texas Nuclear Project.c This instrument is intended as a modification of petitioner

David Marke's Supplimentary Petition December 26,1978. ACEE felt

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i at that time that they ha.d authorized Mr. Marke to represent their in-

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terests. By directibn of the Board ACEE hereby requests standing as an individual entity but still desires to be represented by Mr. Marke.

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Attached please find an instrument executed by Mr. Roger Duncan chairman of ACEE authorizing Mr.. Marke's representation. This petition is submitted similtaneously with Mr. Marke's modified petition.

As regards 10 CFR 2. 714 (a) the ACEE petition is not in reality untimely inasmuch as its submission was ordered by this date with which we have complied. Remainder of the qualifications of 2,714 have been made in Mr. Marke's petition (attached) with which we Concur.

2 ACEE submitts in the interest of brievity a common " Bill of Con-tentions" with Mr. Marke's petition as an individual (attached).

B. Plea for Standin[r as a Representative of a Quasi-Public Body In my initial petition I remarked that while my interest was personal and professional and that I was not engaged by any group to present my b contentions. While not professionally engaged, petitioneer Marke is i N a member of the steering committde, i. e. the governing body, of a N, l

group known as Austin Citizens for Economical Energy (ACEE). Pe- ik

'titioneer Marke has been authorized by vote of the governing body cf

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open to the public comprizing at this time over 100 formally aligned j members in Austin and other communities, and supported at least. in principle by a constituancy of several thousand residents and consumers . y in Austin and the surrounding area including residents of the Houston community, including Mr. and Mrs. Robert Cook of Wadsworth, Texas, who reside less than 8 miles from the reactor (see attached letter) location, While it would be time consuming if indeed not impossible to list all of the members and others represented by the members of ACEE, petitioneer has attached as Appendix A to this pleading the names <

cnd addresses'of the Chairman and Members of the steering committee cf ACEE who have designated Mr. Marke to represent thetr- interests.

It is fairly well uphela by legal tradition that an e'stablished organization cf citizens has a quasi public aspect to it, and thus would'seem to represent part of the public'. If the "public" theoretically has standing, then part cf the public, represented by an organization, does also. While ACEE does not formally pre-exist the South Texas Project, numberous of its members and the majority of its governing body have been involved in l

l proceedings regarding tbis matter prior to its inception. Further ACEE was birthed at a considerable time prior to the publication in the Federal Register of the announcement of proceedings for this entended operating license. In no respect should ACEE or its membership be construed to have bonded together for the sole purpose of opposition to the operating license proceedings. In fact the group has a broad based range of interests in energy matters, has among its memberchip cxperts in various energy

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fields, traditional and alternative, and has established itself in Austin 2 ..

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N' as a respected gathering center for public input regarding a wide range -

of energy related procedures.  :

ACEE d.ne to its diversity of both interests and membership, represents .

a great number of citizens /rctepayers who consider that operation of

' this reactor either jecpardizes their physical health, their mental , ,

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health, their real property, and other such rights as may properly fall . - -

l within the zone of interest protected,by the Atomic Energy Act and a; rec --

the Nattorial Environmental Protection Act; ACEE in designating'pe-titioneer Marke to represent their. interests is making every effort to casist in the development of a sound record, while hastening to avoid l

inappropriately broadening or delaying the proceedings as might be ,

done were the several members of ACEE to apply for standing individually.

In Northern States Power comoany (Praire Island) Nor1- Generating Plants. Units 1 & 2. CKI-75-1, 1 NRC 2 (1975), the Commission itself has indicated itself the importance of broad meaningful public participation:

"A vital ingredient to the open and full consideration of licensing issues cnd in establishing public confidence in the sound discharge of the im-l L portant duties which have been intrusted to us". ACEE and petitioneer l Marke seek to provide such broad and hopefully-non polarized public l

input in this fashion. l Again as it recognized that the Commission has generally not considered cconomic matters of great import'in determining standing, petitioneer

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