ML20150A916

Memorandum & Order (Providing for Answers to Petition for Leave to Intervene).* Exam of Sierra Club Paper Convinces Board That Club Seeks Only to Avail of Right to Comment & Not to Intervene in Any Hearing.Served on 880314

ML20150A916
Person / Time
Site:	Diablo Canyon
Issue date:	03/11/1988
From:	Smith I Atomic Safety and Licensing Board Panel
To:	Sierra Club
References
CON-#188-5817 88-566-03-OLA, 88-566-3-OLA, OLA, NUDOCS 8803160087
Download: ML20150A916 (3)

Text

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' N UNITED STATES OF AMERICA NUCLEAR REGULATORY COWilSSION y f

AYCHIC $AFETY AND LICENSING BOARD nFhCi D5 n c q u;. .

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Before Administrative Judges: W Ncw Ivan W. Smith, Chainnan Jerry Harbour Gustave A. Linenberger, Jr.

e In the Matter of Docket No. 50-275-OLA PACIFIC GAS AND ELECTRIC COMPANY Facility OL No. OPR-30 4

(ASLBPNo. 88-566-03-OLA)

, (DiabloCanyorsNuclearPower Plant, Unit 1)

March 11,1988 MEMORANDUM AND ORDER (Providing for Answers to Petition for Leave to Intervene) y This Board was established by an order dated March 9,1988 to preside over any hearing ordered pursuant to a notice published October 21, 1987, 52 Fed. Reg. 39296 and 39304, entitled "Notice of Consideration of Amendment to Facility Operating License and Proposed No Significant Hazards Consideration and Opportunity for Hearing." The "Notice of Opportunity for M?aring" explained that an amendment to the Diablo Canyon, Unit No. 1 operating license was being considered and invited public corrents and requests for hearing. Id_.

The San Luis Obispo Mothers for Peace sent to the NRC's Rules and Procedures Branch two documents, dated respectively $ovember 20 and 21, 1987, coreenting and requesting a hearing on the proposed amendment.

The Board regards the two documents together as a request for hearing 8803160087 800311 PDR ADOCK 05000275 Q POR , .

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I ard petition for leave to intervene under 10 C.F R. 5 2.714 However,.

sending the hearing request to tht Rules and Procedures Branch was not in accord wittr the directfons contained in the Na9ce, where petitioners were advised to send hearing requests to the NRC's Office of the Secretary, to the attention of 1.he Docketing and Service Branch.

52 Fed. Reg. 39297. As a consequence, the fact that the Mothers for Peace were seeking a hearing in this proceeding was not noted by the cognizant NRC officials until approximately March 4, 1983 when the file was sent to the Chief Judge of the Atomic Safety and Licensing Board Panel in accordance with 10 C.F.R. E 2.772(j).

Moreover, there is no evidence that the Mothers for %..sce served their petition upon the NRC's Office of General Couns?1 or'the counsel for the ' licensee as directed by the Notice of Opportunity for Hearing.

52 Fed. Reg. 39297.

The NRC's intervention rules provide that any party to a proceeding may file an answer to a petitic.u for leave to intervene within ten days ,

after its service, or in the case of the NRC Staff, fifteen days.

10 C.F.R. E 2.714(c). Since the Mothers for Peace did not serve their petition there has been no opportunity to answer it. Accordingly, the Board grants to the licensee ten days, and to the NRC Staff fifteen days, following the service of this order, leave to answer the petition.

1he Federal Register flotice of October 21, 1987 contained a dual l

invitation. In addition to the opportunity to request i hearing, the l

l Notice provided an opportunity to submit public corrents on the proposed j

amendments to the licensc. The Santa Lucia Chapter of the Sieru Club,

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by letter dated Novenber 20, 1987 from its Chairman, Dr. Richard Ferguson, submitted co e nts on the proposed amendment, but, in contrast to the Mothers for Peace, the Sierra Club did not request a hearing nor did it petition for leave to intervene.

Nevertheless, the Secretary of the Comission, in the discharge of his respor.sibilities under 10 C.F.R. % 2.772(j) referred the Sierra Club's letter to the Chief Judge of the Atomic Safety and Licensing Board Panel apparently so that the Licensing Board established to rule upon petitions in the proceeding could determine for itself the significance of the Sierra Club's paper. Our examination of the Sierra Club's paper convinces us that the Club seeks only to avail itself of the right to coment, and, as noted, not to intervene in any hearing. -

Ths Board so rules. A copy of this Order shall be served upon the Sierra Club.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

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- ] P an W. Smith, Chairman ADMINISTRATIVE LAW JUDGE Bethesda, Maryland March 11, 1988

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