ML20204C844
| ML20204C844 | |
| Person / Time | |
|---|---|
| Site: | 05000510, 05000511 |
| Issue date: | 11/13/1978 |
| From: | Woodhead C NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7812050254 | |
| Download: ML20204C844 (5) | |
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11/13/78-SRC PUBLIC DOCUMENT ROOM UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING S'i.iD In the Matter of )
GULF STATES UTILITIES COMPANY Docket Nos. STN 50-510 (Blue Hills Station, Units 1 ) M N8 and 2) )
, cd' hgT k NRC STAFF Resp 0NSE TO PETITION TO INTERVENE IE -
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co l l On May 17., 1978, the Commission issued a Notice of Hearing on the applicetion for early site review filed by Gulf States Utilities for the Blue Hills Station site. The Notice stated that petitions to intervene must be filed by June 12, 1978.
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On November 1,1978, the SecretaFy of the Comission received an undated petition to intervene from D. Michael McCaughan (Petitioner) M The petition consisted of a cover page requesting late intervention o'n the basis of twenty-two contentions, all of which pertain to operation of a nuclear plant. None of the contentions relates to the site review under consideration in this proceeding. The Staff opposes the petition to intervene of Mr. McCaughan for the reasons set forth below.
S ere Th is no indication any other service was made as directed in the Notice.
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7 To meet the requirements of 10 CFR B2.714 of the Commission's rules of practice, a. petitioner must state with particularity the interest of the petitioner and how the interest may be affected.as well as the specific aspect of the subject matter of the proceeding as to which petitioner wishes to intervene. In determining whether a petitioner has shown sufficient interest, the party seeking intervention .must show standing to intervene-according to traditional legal principles, i.e., an injury that has or may occur due to the proposed action of the proceeding; and an interest within the zone of interests protected by the statute. Portland General Electric Co., (Pebble Springs, Units 1 and 2), CLI-76-27, 4 NRC 610 (1976).
In this case Petitioner has failed to show standing to intervene since no interest whatsoever is set forth and no' indication is made of.how the proposed site permit could affect any interest he might have.
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Where petitioners fail to meet standing requirements for intervention as a matter of right, the Commission has provided criteria for discretionary admission under certain conditions. Pebble Sprinas, suora. These conditions relate to the ability of the Petitioner to make a valuable contribution to development of a sound record. The specific factors for consideration in determining discretionary intervention are:
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(1) the extent to which petitioner's participation may: reasonably be expected-to ' assist in developing a sound record; 1
1 (2) the nature and extent of.the' petitioner's property, financial, or other interest in the proceeding; -
(3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest; 1
(4) the availability of other means whereby petitioner's interest will be protected; ,
(5) the extent to which the petitioner's interest will be represented by existing parties; and
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P (6) the extent to which petitioner's participation will inappropriately -t broaden or delay the proceeding.
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5eca~u'se the Petitioner is silin[regarding these factors,'there is no
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basis for a detemination as to whether discretionary intervention might ,
be granted or everi considered.
Furthermore, there is no explanation'in the body of .the petition as to why the petition was not filed on time. Failure to do so, alone, is a basis for denying such a petition.
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For the above reasons, the Staff believes'that Mr. McCaughan's petition to intervene should be denied. ,
Respectfully sub itted,
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i Colleen P. Woodhead l Counsel for NRC Staff !
Dated at Bethesda, Maryland this 13th day of November,1978 i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD.
In the Matter of )
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GULF STATES UTILITIES COMPANY' Docket Nos. STN 50-510 STN 50-511 l (Blue Hills Station, Units 1 and 2)
~ , i CERTIFICATE OF SERVICE ,
I hereby certify that copies of "NRC STAFF RESPONSE TO PETITION TO INTERVENE" in the above-cactioned proceedinn have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 13th' day of November,1978:
Marshall E. Miller, Esq., Chairman
- Stanley Plettman, Esq.
Atomic Safety and Licensing Board Orgain, Bell and Tucker U. S. Nuclear Regulatory Comission Beaumont Savings Building Washington, D. C. 20555 Beaumont, Texas 77701 Mr. Lester Kornblith, Jr.* Troy B. Conner, Jr., Esq.
Atomic Safety and Licensing Board Mark J. Wetterbahn, Esq.
U. S. Nuclear Regulatory Comission Conner, Moore & Corber ,
Washington, D. C. 20555 1747 Pennsylvania Ave.,N.W. . Suite 105C!
Washington, D. C. 20006 Dr. Linda W. Little Dept. of Environmental Sciences Atomic Safety and Licensing Board and Engineering Panel
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University of North Carolina U.S. Nuclear Regulatory Commission Chapel Hill, North Carolina 27514 Washington, D. C. 20555 ,
John L. Hill, Esq. Atomic Safety and Licensing -
Attorney General of Texas Appeal Board
- Richard Lowerre Esq. - U.S. Nuclear Regulatory Commission Assistant Attorney General Washington, D. C. 20555 Environmental Protection Division P.O. Box 12548 Docketing and Service Section*
' Austin, Texas 78711 Office of the Secretary l U.S. Nuclear Regulatory Commission l Washington, D. C. 20555 l l
Colleen P. Woodhead Counsel for NRC Staff
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