ML20211C993

Licensee Response to Request for Hearing & Petition to Intervene Submitted by New England Coalition on Nuclear Pollution.* Petition in Present Form Inadequate & Should Be Denied.Certificate of Svc Encl

ML20211C993
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	02/13/1987
From:	Dignan T ROPES & GRAY, VERMONT YANKEE NUCLEAR POWER CORP.
To:	Atomic Safety and Licensing Board Panel
References
CON-#187-2532 OLA, NUDOCS 8702200293
Download: ML20211C993 (5)

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DOLKETED Dated: February 13, 1987 USNPC

'87 FB319 R2:17 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Offt m coln:n. .,

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BR,C before the ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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VERMONT YANKEE NUCLEAR ) Docket No. 50-271-OLA POWER CORPORATION ) (Spent Fuel Pool

) Amendment) ,

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(Vermont Yankee Nuclear )

Power. Station) )

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LICENSEE'S RESPONSE TO " REQUEST FOR HEARING AND PETITION TO INTERVENE SUBMITTED BY NEW ENGLAND COALITION ON NUCLEAR POLLUTION" On April 25, 1986, Licensee submitted to the Nuclear Regulatory Commission a proposed Technical Specifications change to increase the number of spent fuel acsemblies allowed to be stored in the spent fuel pool at Vermont Yankee Nuclear Power Station. On June 18, 1986, the Nuclear Regulatory Commission published a proposed finding of no significant hazards consideration on the Licensee's proposed change. 51 Fed. Reg. 22226 et. soq. (June 18, 1986).

According to the notice, comments and requests for hearings were due on July 18, 1986, 8702200293 B70213 PDR ADOCK 05000271 0 PDH 3Sc3

1. .

1 After the deadline for responses had passed, New England Coalition on Nuclear Pollution ("NECNP") submitted its

" Objection to Proposed Finding of No Significant Hazards Consideration, Request for Compliance with National Environmental Policy Act, and Request for Opportunity to Comment on Application to Increase Spent Fuel Storage Capacity at Vermont Yankee Nuclear Power Station."

Applicants opposed NECNP's late-filed objection.

On December 31, 1986, the Commission issued a second notice concerning Licensee's proposed change, pointing out that Licensee's proposal falls within the scope of Section 134 of the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10154, and that therefore the Commission is required to provide notice that hybrid hearing procedures are available at the request of a party to the proceeding.

51 Fed. Reg. 47324 et, seq. (December 31, 1986). The notice also allowed that "any person whose interest may be affected by this proceeding and who wishes to invoke the hybrid hearing procedures and to participate as a party in such proceeding must file a written petition for leave to intervene." Id. at 47325, Col. 2. Such petitions have been filed by the State of Vermont, the Attorney General James M.

Shannon for the Commonwealth of Massachusetts, and NECNP.

NECNP's petition for leave to intervene in its present form is inadequate. NECNP has failed to provide the name of I

even one member whose interest may be affected by this proceeding. NECNP therefore lacks standing to intervene.

The rule is well established that an organization may represent the interests of members who have an interest which may be affected by the proceeding. It is also well established, however, that such an organization must identify at least one member by name and address who wishes

, to be represented by the organization with the necessary interest. Houston Lighting and Power Co. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535, 9 NRC 377, 389-95 (1979); Duke Power Co. (Oconee Nuclear Station and McGuire Nuclear Station), LBP-79-2, 9 NRC 90, 94-95 (1979),

l rev'd on other grounds, ALAB- 528, 9 NRC 146 (1979).

In Allens Creek, the Atomic Safety and Licensing Appeal Board rejected the proposition that an officer of the

petitioner organization could submit an affidavit attesting to the truthfulness of the claim that members of the organization live in close proximity to the facility site.

The Appeal Board emphasized:

l "[W]e are unprepared to accept [ thel implicit thesis that standing may be established by means of an affidavit which makes conclusionary assertions not susceptible of verification by either other litigants or the adjudicatory tribunal. We know of no authority for

such a novel and unattractive proposition, which to us runs counter to fundamental concepts of procedural due process." Id. at 393.

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l CONCLUSION In its present form the petition must be denied. If NECNP cures the defect by an appropriate filing, a final decision on the petition must await NECNP's filing of contentions.

Respectfully submitted,

. O Thomas G. Dignan, Jr.

Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 i

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ER FEB 19 R237 CERTIFICATE OF SERVICE I, Kathryn A. Selleck, hereby certify that on khd.b , .

" I February 13, 1987, I made service of the within document inU3h>

accordance with the rules of the Commission by mailing a copy thereof postage prepaid to the following:

Charles Bechhoefer, Esquire, David J. Mullet, Esquire Chairman Vermont Department of Administrative Judge Public Service Atomic Safety and Licensing 120 State Street Board Panel Montpelier, VT 05602 U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. Glenn O. Bright Ellyn R. Weiss, Esquire Administrative Judge Harmon & Weiss Atomic Safety and Licensing Suite 430 Board Panel 2001 S Street, N.W.

U.S. Nuclear Regulatory Washington, DC 20009 Commission Washington, DC 20555 Mr. James H. Carpenter Carol S. Sneider, Esquire Administrative Judge Assistant Attorney General Atomic Safety and Licensing Environmental Protection Board Panel Division U.S. Nuclear Regulatory Department of the Attorney General Commission One Ashburton Place Washington, DC 20055 Boston, MA 02108 Atomic Safety and Licensing Henry J. McGurren, Esquire Board Panel Office of the General Counsel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 k .

khthr/nA. Selle'ck