ML20211C036

Answer to Amended Petition to Intervene of Redwood Alliance, DG Bosco,W Chesbro,De Hauser & B Keene & ASLB Notice That Prehearing Conference Would Be Held in Eureka,Ca on 861021-22.Certificate of Svc Encl

ML20211C036
Person / Time
Site:	Humboldt Bay
Issue date:	10/14/1986
From:	Locke R PACIFIC GAS & ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
References
CON-#486-1135 OLA, NUDOCS 8610210254
Download: ML20211C036 (6)

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UNITED STATES OF AMERICA '86 0CT 17 P12:40 NUCLEAR REGULATORY COMMISSION 3 BEFORETHEATOMICSAFETYANDLICENSINGf~5ddRd]};,,;y

~ ~ ' E R;.Mei 4 In the Matter of )

5 PACIFIC GAS AND ELECTRIC ) Docket Nos. 50-133-OLA COMPANY ) (Decommissioning) 6

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(Humboldt Bay Power Plant, )

7 Unit No. 3) )

8 9

ANSWER OF PACIFIC GAS AND ELECTRIC COMPANY TO THE AMENDED PETITION TO INTERVENE OF THE 10 REDWOOD ALLIANCE AND OTHER NAMED INDIVIDUALS 11 I. INTRODUCTION 12 13 On August 1, 1986, the Redwood Alliance, 14 Douglas H. Bosco, Wesley Chesbro, Daniel E. Hauser, and 15 Barry Keene filed a timely petition to interve_ne in this matter. Pacific Gas and Electric Company ("PGandE") filed 1

its Answer to that Petition on August 18, 1986. On August 27, 18 1986, the ASLB assigned to this matter issued a notice that 19 a prehearing conference would be held in Eureka, California 20 on October 21-22, 1986, to: (1) permit identification of 21 the key in the proceedings; (2) take any steps necessary for 22 further identification of the issues;' (3) consider the 23 petition for intervention in the proceeding; and (4) estab-24 lish, in consultation with all the parties and petitioners, 25 schedules for completing the public hearing process. The 26 Board also directed the petitioners to file a supplement to I

8610210254 861014 PDR ADOCK 05000133 G PDR QgJ 7

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their Petition by September-17, 1986, listing the con-2 tentions they seek to have litigated and the bases for each 3

contention set forth with reasonable specificity. As 4

directed, Petitioners filed a supplement to.their petition on September 17, 1986, setting forth their contentions and 6

the basis for each contention. PGandE filed its response the supplemental petition on October 3, 1986.

On September 26, 1986, Petitioners filed an Amended Petition to Intervene. PGandE's response to the O

Amended Petition is set forth below.1 11 II. DISCUSSION 1

The Amended Petition is apparently filed pursuant to the provisions of 10 C.F.R. 2. 714 (a) (3) which allow 14 amendment as of right at anytime up to 15 days prior to a 15 special prehearing conference pursuant to 2.751a or, where 16 no special prehearing conference is held, 15 days' prior to 17 the first prehearing conference.

18 The amended petition seeks to cure several defi-19 ciencies as to standing and personal interest noted by PGandE and the NRC staff in their respective answers.

21 22 23 On September 19, 1986, a late-filed Petition to Intervane was filed by the League of Women Voters of 24 Humboldt County and Gaye Barr. PGandE filed an Answer to that Petition on October 6, 1986.

2 The NRC staff' filed its Response to the Petition to 26 Intervene on August 22, 1986.

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~1. The Redwood Alliance 2

In the amended Petition, Ralph and Nona Kraus are 3

identified as members of the Redwood Alliance who reside 4

within five miles of the Humboldt Nuclear Facility and have 5

expressly authorized the Redwood Alliance to represent their 6

interests in these proceedings. They assert that the 7

extension of PGandE's license for another 15 years could 8

cause them physical or psychological harm resditing from the

'9 continued long-term storage of spent fuel and other radioac-10 tive material in an area of unusually high seismic activity.

11 Their declarations attached to the amended petition would 12 appear to satisfy the standing and interest requirements 13 insofar as the Redwood Alliance is concerned.

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2. Petitioners Wesley Chesbro, Douglas H. .Bosco, 15 Barry Keene, and Daniel E. Hauser 16 In each instance, the amended petition sets forth 17 facts which appear to satisfy the standing and personal 18 interest requirements for their admission as parties in this 19 matter in their personal but not representative capacities.

20 Messrs. Chesbro and Hauser assert that they live l

l 21 in Proximity to the plant and that "[their], [their] family's 22 and [their] constituents' physical and psychological health 23 may be injured by the termination of the seismic monitoring 24 and analysis program as well as by the long term storage of 25 spent fuel and other radioactive materials at the site due 26 1

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1 to the design of the facility, local weather patterns and 2

the unusually high levels of seismic activity in the area.

3 Messrs. Bosco and Keene allege that they maintain 4

offices within 10 miles of the site and assert that they and 5

their constituents physical and psychological health may be 6

injured by the long term storage of spent fuel and other 7 radioactive materials at the site due to the design of the 8

facility, local weather patterns and the_ unusually high 9

levels of seismic activity in the area as well as the 10 termination of the seismic monitoring and analysis program 11 at the facility.

12 Arguably, these assertions satisfy the " injury-in-

• 3 fact" and " zone-of-interests" criteria for individuals and 14 entities seeking to intervene in an NRC licensing proceeding.

See, Warth v. Seldin, 422 U.S. 490 (1975); Sierra Club v.

Morton, 405 U.S. 727 (1972).

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1 III. CONCLUSION 2

Based on the foregoing, the Redwood Alliance, 3

Wesley Chesbro, Douglas H. Bosco, Barry Keene, and 4

Daniel E. Hauser appear to have satisfied the standing and 5

interest requirements and have identified at least one 6

aspect properly within the scope of the proceeding to be granted intervention.3 8

Respectfully submitted, 10 ROBERT OHLBACH I

PHILIP A. CRANE, JR.

RICHARD F. LOCKE 12 Pacific Gas and Electric Company P. O. Box 7442 San Francisco, CA 94120 13 (415) 781-4211 14 BRUCE NORTON 15 c/o Richard F. Locke 77 Beale Street 16 San Francisco, CA 94106 (415) 768-4462 17 l

l 18 19 Dated: October 14, 1986 By Attorneys for Pacific Gas and Electric Company 20 21 22 23 24 l 25 3 This assumes also that at least one admissible 26 ntention is proffered in accordance with 10 C.F.R. 2.714.

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DOLKEIL:

DiNFC 1 UNITED STATES OF AMERICA 16 0CT 17 R2:40 NUCLEAR REGULATORY COMMISSION OFFICE N 3Le . er 3 In the Matter of ) 00CMa g g g W

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4 PACIFIC GAS AND ELECTRIC COMPANY ) Docket No. 50-133

) License No. DPR-7 5 (Humboldt Bay Power Plant, Unit No. 3) )

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6 7 CERTIFICATE OF SERVICE 8

The foregoing document of Pacific Gas and Electric 9 Company.has been served today on the following by deposit in the United States mail, properly stamped and addressed:

10 11 Mitzi Young, Esq. Robert.M. Lazo, Esq.,

Office of the Executive Chairman 12 Legal Director Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel 13 Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission 14 .

Washington, D.C. 20555 Secretary 15 U.S. Nuclear Regulatory Dr. James H._ Carpenter, Commission Member 16 Washington, D.C. 20555 Atomic Safety and Licensing Attn.: Docketing and Board Panel 17 Service Section U.S. Nuclear Regulatory Commission 18 Scott L. Fielder, Esq. Washington, D.C. 20555 517 Third Street, Suite 14 19 Eureka, CA 95501 Dr. Peter A. Morris, Member Atomic Safety and Licensing 20 Board Panel U.S. Nuclear Regulatory 21 Commission Wash' gton, D.C. 20555 22 Dated: October 14, 1986 23 .

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25 F Richard F. Locke Attorney for 26 Pacific Gas and Electric Company