ML20198R063
| ML20198R063 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 01/14/1998 |
| From: | Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#198-18738 ISFSI, NUDOCS 9801230209 | |
| Download: ML20198R063 (6) | |
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DOCKETED Januah,k998 1
UNITED STATES OF AMERICA M JAN 15 P4 :58 i
NUCLEAR REGULATORY COMMISSION nr w.
m evn, BEFORE THE ATOMIC SAFETY AND LICENSING BOAntqfy, p
- ADJUCC/.T!P.sJ In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22-ISFSI
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(Independent Spent
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Fuel Storage Installation)
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NRC STAFF'S RESPONSE TO "FURTHEi4 SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THE PETITION OF THE CONFEDERATED TRIBES OF THE OOSHUTE RESERVATION AND DAVID P;TE TO INTERVENE AND FOR A HEARING" i
On December 29, 1997, the Confederated Tribes of the Goshute Reservation ("the Confederated Tribes') and David Pete filed a "Further Supplcraental Memorandum"8 in support of their petition for leave to intervene and request for a hearing in thic proceeding.: By Order of hauary 12, 1998,8 the Licensing Board directed that any responses to that memorandum be "Further Supplemental Memorandum in Support of the Petition of the Confederated i
Tribes of the Goshute Reservation and David Pete to Intervene and For a Hearing," dated December 29,1997.
2 The Confederated Tribes and David Pete filed their initial petition for leave to intervene and request for a hearing on August 29,1997; Private Fuel Storage L.L.C. (the
- Applicant") and the NRC Staff (" Staff") filed responses in opposition to that petition en Septen.ber 15 and 18,1997, respectively. On October 15, 1997, the Confederated Tribes and Dr.vid Pete filed a." Supplemental Memorandum" in support of.their petition; the Applicant and Staff filed fur'ther responses in opposition to the petition, based upon the matters set forth in the s
Supplemental Memorandum," on December 12 and 23,1997, respectively, h #,.
." Order (Response cbJule for Further Supplemental' Petition' and Additional Y
8 Late-Filed Contention)," datet anuary 12, 1998.
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2-filed on or before January 14,1998. --h accordance with the Licensing Board's Order, the NRC Staff hereby responds to that Further Supplemental Memorandum.
Br. sed upon a review of the information provided in the Confederated Tribes' and David
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Pete's Further Supplemertal Memorandum and the "Second Supplemental Declaration" of Chissandra M. Reed attached thereto, the Staff believes that the Confederated Tribes (but not David Pete) have established their representational standing to intervene in this preceding.
Specifically, the Confederated Tribes have shown that Ms. Reed has interests as an individual which could be adversely affected by the outcome of this proceeding, in light of her assertion (a) that _"on average [she] visits the Skull Valley Reservation about 8-10 times per year," and (b) that she drops off her granddaughter, and thus travels in the vicinity of, the Rowley Junction interchange (where spent fuel shipments are expected to arrive en route to the Applicant's ISFSI site), in connection with the child's visits to the Skull Valley Reservation. These statements, considered together, appear to establish Ms. Reed's individual standing to intervene in this proceeding, and thus support the representational standing of the Confederated Tribes, whom she has authorized to represent her in this proceeding.d Also, inasmuch as Ms. Reed indicates that her three year old granddaughter is "an enrolled member" of the Confederated Tribes, and that the child frequently stays at the Skull Valley Reservation on visits lasting "from one night to periods of up to two weeks," where "she drinks local water and eats... natural foods _ gathered in the Skull Valley area" (Second Supplemental Declaration, at 2), the Confederated Tribes could base their representational
- See Supplemental Declaration of Chissandra M. Reed, dated October 14,1997, at 5 (authorizing the Confederated Tribes and David Pete "to represent her and her family in this matter"). Id. at 5.
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standing to intervene upon the interests of that child. Although the record contains conflicting a
information concerning the frequency of Michaela's visits to the Skull Valley. Reservation,s on balance it appears that her visits are sufficiently frequent, and of sufficient durat on, to show she i
has interests which could be affected by the outcome of this proceedmg. Ms. Reed has authorized the Confederated Tribes to represent her granddaughter in this proceedig, and,-
inasmuch as she asserts -. albeit'without supporting documentation - that_ she is the legal I
l guardian for that minor child,6 she appears to be legally capable of authorizing the Confederated -
Tribes to represent her granddaughter in this proceeding.
l 5 Ms. Reed had previously stated that she " takes her granddaughter, Michaela, to the Skull Valley.- Reservation approximately every other week." Supplemental Declaration of Chissandra M. Reed, dated October 14,1997, at 2. A statement was then filed by Ms. Reed's cousin,. Arlene Walsh, with whom Ms. Reed's granddaughter stays during her visits with the Skull Valley Band of Goshutes. Ms. Walsh stated, inter alia, that Michaela stays with her "3-or 4 times'a year or more"; and that Ms. Reed "does not come onto the reservation to drop off or pick up Michaela." See " Declaration of Arlene Walsh," dated November 10,1997, at 1-2 (attached to " Applicant's Answer to the Confederated Tribes and David Pete's Supplemental Memorandum in Support of Petition to Intervene and for a Hearing," filed on December.12, 1997). Ms. Reers "Further Supplemental Declaration" of December 29, 1997, provided additional information conL ning the. locations at which she drops off and picks up her granddaughter in connection with the child's visits to the Skull Valley Reservation, and states that."[a] bout one-fourth of the pick-ups are on the Skull Valley Reservation." Id. at 2.
- Although an individual is generally not permitted to assert the interests of third parties, the Atomic Safety and Licensing Appeal Board has suggested, in dicrum, that a parent may be able to do so where he or she alleges "that the son [ child] is a minor or otherwise under a 1: gal disab'lity-which-would preclude his assertion"_ of an affected interest on his own behalf.
- Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2), ALAB-413, 5 NRC 1418, 1421'(1977). ' See generally, Detroit Edison Co. (Enrico Fermi Atomic Power Plant, Unit 2),
- LBP-78-11, 7 NRC 381,_387 (1978) (a mother was not allowed to base her intervention upon
~ the standing of her son, who planned to attend medical school 30 miles from a reactor site);
o Atlas Corp. (Moab, Utah Facility), LBP-97-9, 45 NRC 414, 426 n.2 (1997) (noting that a
- petitioner's " ability.to gain standing for himself based on injury in fact to the interests rf his
. spouse or children (especially if those children are not minors) is problematic.")
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In sum, the Confederated Tribes have shown that (a) Ms. Reed and her granddaughter may suffer " injury in fact" to their interests,-which injury is arguably within the zone of interests protected by the statutes governing the proceeding, and (b) the Confederated Tribes have been authorized to represent Ms. Reed and her granddaughter in this proceeding. On this basis, the Confederated Tribes appear to have established their standing to intervene. See Staff Response of September 18,1997, at 3-7; Staff Response of December 23,1997, at 5-9.'
CONCLUSION For the reasons set fonh above, the Staff hereby ' withdraws its opposition to the Confederated Tribes' petition for leave to intervene, subject to the Licensing Board's finding that the Confederated Tribes have filed at least one admissibis contention, as required by 10 C.F.R.
{ 2.714(b). However, inasmuch n the "Funher Supplemental Memorandum" does not address or demonstrate standir-for David Pete, the Staff continues to oppose Mr. Pete's petition for leave to intervene for the reasons stated by the Staff in response thereto.
Respectfully submitted, lU*
E Sherwin E. Turk Counsel for NRC Staff
. Dated at Rockville, Maryland this 14th day of January 1998 7 ~ *Ihe Strff notes that it inadvertently attributed certain 1:nguage which is quoted in n.6 of its Response of December 23,1997,' to the decision in Washington Public Power Supply
-(WPPSS Nuclect Project No. 2), LBP-79-7, 9 NRC 330, 338 (1979). In fact, the quoted language appears in the other decision which is cited in the text accompanying that note, and the citation should therefore be corrected to read, " Philadelphia Electric Co. (Limerick Generating Station, Urks 1 and _2), LBP-82-43A,15 NRC 1423,1448 (1982)."
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00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISLJN BEFORE THE ATOMIC SAFETY AND LICENSING BOm JAN 15 P4 ;58 In the Matter of
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OFFG 0;' SIdi@Y
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RULE:.MWGS /C PRIVATE FUEL STORAGE, LLC
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Docket No. 7f@N5fillT!ONS STAFF
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(Independent Spent
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Fuel Storage Installation)
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CERTIFICATE OF SERVICE
- I hereby certify that copies of "NRC STAFF'S RESPONSE TO 'FURTHER i
SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THE PETITION OF THE CONFEDERATED TRIBES OF THE GOSilUTE RESERVATION AND DAVID PETE TO INTERVENE AND FOR A HEARING'" in the above captioned proceeding have been served on the following through deposit in the Nuclear ReFulatory Commission's internal mail system, or, as indicated by an asterisk, by deposit in United States mail, first class, with copies by E-mail as indicated, this 14th day of January,1998:
Office of the Secretary G. Paul Bollwerk, III, Chairman ATTN: Rulemakings and Adjudications Administrative Judge Staff Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to GPB@NP,2. GOV)
Dr. Peter S.12m Administrative Judge Dr. Jerry R. Kline Atomic Safety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission (E-mail copy to PSL@NRC. GOV)
Washington, DC 20555 (E-mail copy to JRK2@NRC. GOV)
James M. Cutchin, V Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission (by E-mail to JMC3@NRC. GOV)
Washington, DC 20555
2-Office of the Commission Appellate Jean Belille, Esq.i
. Adjudication Land and Water Fund of the Rockies i
- Mail Stop: 16-G 15 OWFN 2260 Baeline Road, Suite 200
- U.S. Nucleu Regulatory Commission
_ Boulder, C 3 80302 Washington, DC 20555 (E-mail copy to landwater@lawfund.org)
Denise Chancellor, Esq.*
Danny Quintana, Esq.*
Fred G. Nelson, Esq.'
Danny Quintana & Associates, P.C.
Utah Attorney General's Office 50 West Broadway 160 East 300 South,5th Floor Founh Floor.
P.O. Box 140873 Salt lake City, UT 84101 Salt lake City, UT 84114-0873 ~
(E-mail copy to quintana' (E-mail copy to dchancel@ State.UT US)
@Xmission.com)
Connie Nakahara, Esq.*
Clayton J. Parr, Esq.*
Utah Dep't of Environmental Quality PARR, WADDOUPS, BROWN 168 Nonh 1950 West GEE and LOVELESS
- P. O. Box 144810 185 S. State St., Suite 1300 Salt Lake Ci*y, UT 84114-4810 P,0. Box 11019 (E-mail copy to enakahar@ state.UT.US)
Salt Lake City, UT 84147-0019 (E-mail copy to karenj@pwlaw.com) -
Diane Curran, Esq.*
' Harmon, Curran & Spielberg John Paul Kennedy, Sr., Esq.*
2001 S Street, N.W., Suite 430 1385 Yale Ave.
Washington, D.C. 20009 Salt I2ke City, UT 84105 (E-mail copy to dicurran@aol.com)
(E-mail copy to john @kennedys.org)
Jay E. Silberg, Esq.*
SHAW, PITTMAN, POTTS &
TROWBRIDGE 2300 N Street, N.W Washington, DC 20037-8007
_(E-mail copy to jay _silberg
@shawpittman.com) es Sherwin E. Turk Counsel for NRC Staff a
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