ML20125D682

Answer of AEC Regulatory Staff to Petition for Leave to Intervene of Minnesota Environmental Control Citizen Assoc

ML20125D682
Person / Time
Site:	Monticello
Issue date:	03/27/1970
From:	Knotts J US ATOMIC ENERGY COMMISSION (AEC)
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9212150359
Download: ML20125D682 (3)

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? UNITED STATES OF AMERICA l ATOMIC ENERGY COMNISSION- I'N '. .. . ' U s b'

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NORTHERN STATES POWER COMPANY ) Docket No. 50-263

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(Monticello Nuclear Generating -) ,

Plant Unit 1) )

e A'45WER OF AEC REGULATORY STAFF '

TO PETITION FOR LEAVE TO INTERVENE 0F MINNESOTA ENVIRONMENTAL CONTROL CITIZEN'S ASSOCIATION In a telegram dated March 23, 1970, addressed to the U. S.

Atomic Energy Conrnission. . Reverend Paul Engstrom, President- of the Minnesota Envi ronmental Cont rol Ci tizen's- Association,- submitted -

4 a petition for leave to intervene in the captioned proceeding. The telegram stated that the petitioner's Interest In' the proceeding is h that of a citizens group concerned with the.effect of the nuclear generating plant on the ecology of the region, including air and

' bater, and on _ the health and safety of the af fected public." The telegram stated that the petitioner desired to present Information regarding public safety- in the event of accidents associated with j

the operation of the reactor and' to express views on the_ radioactivi ty and thermal discharges from the plant. The telegram included a 1 -

.;. request by the petitioner that the' location of the public hearing-be changed f rom the Wright: County Courthouse in Buf f alo Minnesota', -

t to a suitable location in the Minneapolls-St. ' Paul-area.

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e 2-The Commission's " Rules'of Practice" In 10 CFR 82.714 provide in part that a person whose Interest may be affected and who desires 1

to participate as a party to a proceeding must file a written pett-tion under oath or af firmation for leave to intervene; shall set forth how that person's interest may be af fected by Commission action, and the contentions of that person in reasonably specific detall.

In light of the requirements of 10 CFR 12.714, the AEC regula-tory staff would call the following to the attention of the boards the petition (1) ,has not been filed under oath or af firmation; (2) is unclear as to how that Interest may be af fected, in the context of the substantive regulatory jurisdiction of the AEC; and (3) does not set forth petitioner's contentions in reasonably specific detall.

Despite these deficiencies in the petition, the AEC regulatory staff, under the circumstances of this proceeding, has no objectico to the granting of this petition to intervene subject to the peti-tioner timely setting forth his contentions in reasonably specific j detail.

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The AEC regulatory staff would not oppose a change of hearing g r%,

location as requested by petitioner if the board believes the  !

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3 public Interest would be better served thereby, taking into account, among other things, the extent to which Interest in this proceeding

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is manifested by the residents in the Suffalo and Minneapolls-St. Paul areas, respectively. Hwever, we wish to call to the board's attention the fact that the request for change of location ,

is premature since petitioner is not yet a party to the proceeding.

The staff will be prepared to discuss all matters noted herein at the prehearing conference. ,

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)pt.p Ivb /OLW4Dfm Joseph 5. Knotts, Jr.

Counsel for AEC Regulatory Staf f Dated: March 27, 1970 .

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