ML20198E325

Response Opposing Save Our State from Radwastes,Consumers League of Ohio,A Gleisser & Gs Cook 860506 Petition for Leave to Intervene.Cook Not Authorized Representative of Organizations.W/Certificate of Svc

ML20198E325
Person / Time
Site:	Davis Besse
Issue date:	05/16/1986
From:	Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE, TOLEDO EDISON CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#286-256 ML, TAC-60875, NUDOCS 8605270340
Download: ML20198E325 (6)

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Before the Administrative Judge

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In the Matter of )

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TOLEDO EDISON COMPANY, et al. ) Docket No. 50-346-ML

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(Davis-Besse Nuclear Power )

Station, Unit No. 1) )

LICENSEE'S REPLY TO ADDITIONAL INFORMATION SUBMITTED BY GENEVIEVE S. COOK On April 11, 1986, Genevieve S. Cook filed a petition for leave to intervene on behalf of herself, Arnold Gleisser, Save Our State from Nuclear Wastes (" SOS", which Mr. Gleisser chairs), and the Consumers League of Ohio ("CLO"). The Toledo Edison Company et al. (" Licensee") responded on April 28, 1986, and opposed the petition. Licensee pointed out that the peti-tioners had neither demonstrated standing nor satisfied the Presiding Officer's pleading requirements. Licensee also ob-served that nobody authorized to represent CLO had signed the petition.

On May 6, 1986, Genevieve Cook filed " Petitioners (Save

-Our State from Radioactive Wastes, the Consumers League of Ohio, Arnold Gleisser and Genevieve S. Cook) for Leave to In-tervene in the Davis-Besse Site-Disposal Issue Respond to 8605270340 860516 PDR ADOCK 05000346 C PDR

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Toledo Edison's Opposing Statements." While Ms. Cook states that she "has been an active member of both SOS and CLO," she does not demonstrate that she is a duly authorized representa-tive of these organizations. Only a " duly authorized" member or officer, or an attorney may represent an organization in NRC proceedings. 10 C.P.R. S 2.713(b). Ms. Cook cannot represent Mr. Gleisser. An individual may only be represented by himself or an attorney. Id. Thus, there is no indication that the May 6, 1986 filing is a proper submittal on behalf of SOS, CLO, and Mr. Gleisser.

Notwithstanding the lack of authority for the May 6, 1986 filing and its untimeliness,1! Licensee submits that the deficiencies in the original petition have not been corrected.

First and foremost, the petitioners still have not described with the requisite specificity deficiencies in Licensee's ap-plication, cited particular sections or portions of the appli-cation which relate to each alleged deficiency, and described in detail why the particular section or portion of the applica-tion is deficient.

1/ The Presiding Officer's March 10, 1986 Memorandum and Order required that petitions be filed no later than April 14, 1986, that petitions demonstrate standing, and that petitions state particularized, supported issues. The Memorandum and Order did not authorize the filing of amendments or additional information; and the May 6, 1986 filing offers no justification for the failure of the original petition to comply with the Presiding Officer's instructions or for the belated submission of additional information.

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Second, petitioners still have not demonstrated standing.

The May 6, 1986 submittal identifies a member of SOS who re-sides in Toledo (which is over 20 miles from the Davis Besse site), but no representational authorization by that individual is provided. See Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 N.R.C. 377, 396-97 (1979). Furthermore, while a member's residence about 20 miles from a facility might suffice to establish an organi-zation's standing in a reactor licensing proceeding, closer proximity should be required in a materials licensing proceed-ing. Boston Edison Co. (Pilgrim Nuclear Power Station),

LBP-85-24,-22 N.R.C. 97, 99 (1985); Rockwell International (En-ergy Systems Group Special Nuclear Materials License No.

SNM-21), CLI-83-15, 17 N.R.C. 1001, 1005 (1983). Licensee sub-mits that in such a proceeding, residence in the immediate vi-cinity of the site is required. See Armed Forces Radiobiology Research Institute (Cobalt-60 Storage Facility), ALAB-682, 16 N.R.C. 150, 154 (1982) (residence within three miles of the facility sufficient); Virginia Electric and Power Co. (North Anna Nuclear Power Station, Units 1 and 2), ALAB-522, 9 N.R.C.

54, 57 (1979) (residence within "little more than a stone's throw from the facility" sufficient in a storage pool modifica-tion proceeding).

The May 6, 1986 submittal also identifies several members of CLO. The nearest CLO member identified resides in Port Clinton. Although Port Clinton is arguably close enough to b

meet the distance criterion for standing, no specific represen-tation authorization is provided, as is required under NRC precedent. Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 N.R.C. 377, 396-97 (1979).

With respect to Ms. Cook, the additional information indi-cates that she resides in Cleveland "within 60 miles of the Davis-Besse facility." This distance is too far to establish standing even in a reactor licensing proceeding. Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2),

ALAB-413, 5 N.R.C. 1423, 1433 (1982); Philadelphia Electric Co.

(Limerick Generating Station, Units 1 & 2), LBP-82-43A, 15 N.R.C. 1423, 1433 (1982). TVe May 6, 1986 submittal offers no further information that would support Mr. Gleisser's interven-tion.

For these reasons stated, Licensee again submits that the petition of SOS, CLO, Genevieve Cock, and Arnold Gleisser should be denied.

Respectfully submitted, e

<rs- - L. \

Jay,/Q. E ilberg, P.C.#j David R. Lewis SHAW, PITTMAN, POTTS & TROWBRIDGE Counsel for The Toledo Edison Company et al.

Dated: May 16, 1986 m-t i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Administrative Judge In the Matter of )

) Docket No. 50-346-ML TOLEDO EDISON COMPANY, ET AL. )

)

(Davis-Besse Nuclear Power )

Station, Unit No. 1) )

CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing LICENSEE'S REPLY TO ADDITIONAL INFORMATION SUBMITTED BY GENEVIEVE S. COOK was mailed, first class mail, postage pre-paid, to the attached service list, this 16th day of May, 1986.

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2. Silberg j h J SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N. W.

Washington, D. C. 20036 (202) 622-1474

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Administrative Judge In the Matter of )

) Docket No. 50-346-ML TOLEDO EDISON COMPANY, ET AL. )

)

(Davis-Besse Nuclear Power )

Station, Unit No. 1) )

SERVICE LIST Helen P. Hoyt, Esquire Charles A. Barth, Esquire Administrative Judge Office of the Executive Legal Atomic Safety and Licensing Board Director U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commissic Washington, D. C. 20555 Washington, D. C. 20555 Docketing & Service Section Genevieve S. Cook Office of the Secretary 25296 Hall Drive U. S. Nuclear Regulatory Commission Cleveland, Ohio 44145 Washington, D. C. 20555 1