ML20217N548

Memorandum & Order (Intervention Petition).* Petitioners May File Amend to Their Petition with Contentions by No Later than 991117.With Certificate of Svc.Served on 991028

ML20217N548
Person / Time
Site:	Millstone
Issue date:	10/28/1999
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED, NORTHEAST NUCLEAR ENERGY CO., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#499-20928 00-771-01-LA, LA, NUDOCS 9910290067
Download: ML20217N548 (6)

Text

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l.:<209'27 DOCKETED UNITED STATES OF AMERICA UbMC NUCLEAR REGULATORY COMMISSION

-ATOMIC. SAFETY'AND LICENSING BOARD 99 OCT 28 P2 :20 Before Administrative Judges: OR; R'

Charles Bechhoefer, Chairman ADJQ 7 Dr. Richard F. Colg Dr. Charles N. Kelber

! F ED oct 2 8 s99 In the Matter of Docket No. 50-423-LA-3

' NORTHEAST NUCLEAR ENERGY l . COMPANY.

ASLBP No. 00-771-01-LA l '(Millstone. Nuclear Power

Station,JUnit No. 3; l Facility Operating License

! NPF-49) October 28, 1999 l-L MEMORANDUM AND ORDER I

(Intervention Petition)

This proceeding involves the proposed increase in I. l capacity (through the addition of high-density. storage racks) of-the' spent fuel storage pool of the Millstone L Nuclear' Power Station, Unit 1No'. 3, a pressurized water l reactor located in New London County, Connecticut. In response to a notice of opportunity for hearing, 64 Fed.

Reg. 48672 (September .~7, 1999), two organizations--the

' Connecticut Coalition Against Millstone (CCAM) and Long l

Island' Coalition Against Millstone (CAM)--have jointly filed a request for hearing / petition for leave.to intervene, dated

-October.6, 1999, pursuant to 10 C.F.R. S 2. 714 (a) .

As set-forth in 10-C.F.R. S 2.714, a petition for leave to intervene must set forth with particularity the interest of t163 petitioner in the proceeding (i.e., its standing),

9910290067 991028 PDR. ADOCK 05000423 G PDR- .

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and how that interest may be affected by the results of the l

proceeding. The petition must also identify the specific aspects of the subject matter of the proceeding as to which L

the petitioner wishes to intervene.

i

The CCAM/ CAM intervention petition is opposed both by l

Northeast Nuclear' Energy-Co. (NNECO or Licensee) and by the NRC Staff, for lacking an adequate demonstration of standing as well as an adequate showing of how the petitioners' l

-interests may be affected by the results of the proceeding.

Both NNECO and the NRC Staff acknowledge that the CCAM/ CAM petition, through the attached declaration of David A.

Lochbaum, satisfies the Commission's " aspects" requirement.

The Licensing Board'here agrees that, as-filed, the CCAM/ CAM petition adequately identifies (through the declaration of Mr. Lochbaum) the aspects of the proceeding l in-which the petitioners wish to participate. But we also

' agree.that, as filed, the-petition fails to set forth adequately ~the standing of the organizations to intervene.

.The Commission has long required that, to establish standing, a petitioner must show that the proposed action will cause " injury in fact" to its interest and that the injury.is, arguably within the " zone of interests" sought to t i l be' protected by the Atomic Energy.Act or the National  ;

, l JEnvironmental' Policy Act (NEPA). Metropolitan Edison Co.

(Three Mile' Island Nuclear Station, Unit 1), CLI-85-2, 21 )

NRC 282 ~ (19 85 ) . .The aspects. identified by Mr.'Lochbaum )

appear.to fall within the purview of either the Atomic l

Energy Act'or NEPA.

-As.for'" injury in fact," however,,an-organization such as CCAM:or CAM may set forth its standing either by showing l the_ licensing' action's effect on its organizational interests - (organizational standing) or on the interest of at least one member who has authorized the organization to represent-him or.her:(representational standing). Yankee Atomic Electric Comoany (Yankee Nuclear Power Station), CLI-98-21, 48 NRC 185,- 195-96 (1998); Georcia Institute of l Technolocy- (Georgia Tech: Research Reactor, Atlanta, Georgia), CLI-95-12, 42 NRC 111, 115 (1995); Vermont Yankee Nuclear Power Coro. (Vermont Yankee Nuclear Power Station) ,

LBP-87-7,.25 NRC 116, 118 (1987). From statements in Mr.

Lochbaum's declaration attached to the petition (at 2, 18

-("significant safety concerns for persons living near the 1

facility"), CCAM/ CAM here do not appear to be' seeking organizational standing but, rather, representational standing. This type of standing, however, requires identification of an individual menber or members, by name and address as well as authorization of the organization (s) j- to represent'such member (s). As noted by the Licensee f-(NNECO Response, at.6-8) and Staff (Staff Response, at 5),

to demonstrate such effect.an individual will also have to show how far;from1the facility he or she lives or engages in

9:

activit'ies. These requisites are currently lacking from the

~ petition.before us.

The appropriate course'of action to reflect these undeniable' deficiencies in'the petition, however, is not outright; denial of the petition, as sought by both the Licensee and Staff. Rather, in the absence of some other

_ specific _ Commission or Board directive, the NRC Rules of Practice afford a petitioner the right to amend its petition,'without prior approval of the Licensing. Board, at 1

any time-prior to'15 days before the first prehearing l I

conference. 10 C.F.R. S 2. 714 (a) (3) . In addition, before being. granted intervention, a petitioner must also, prior to the first prehearing conference, . set forth at least one valid contention = meeting the-requirements of.10 C.F.R.

S 2. 714 (b) .

We are!here scheduling the first prehearing conference,

'for December-13-14, 1999, beginning at 2:00 p.m. on December 13,-1999, and' continuing (if necessary) at 9:00 a s m. on December 14, at a location to be announced (in or near New London, CT.) The petitioners may file. amendments to their

petition ~, together with proposed _ contentions, by no later than Wednesday, November 17, 1999. The Licensee and NRC Staff may file responses'by November.30, 1999, and December 7, 1999, respectively.1 .All filings should be served on the 2If CCAM's or CAM's amendments on their face appear not tna remedy the existing deficiency in their statements on (continued...)

~~. .

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Board and parties by e-mail or fax, as well.as first' class mail. The e-mail addresses.of the Licensing Board members "are: Judge Bechhoefer, CXB2@nrc. gov; Judge Cole, RFCl@nrc. gov;. Judge Kelber, CNK@nrc. gov. The Licensing Board's fax number is (301) 415-5599.

IT IS SO ORDERED.

For the' Atomic Safety and Licensing Boarda A&Y2P e a uv Charles Bechhoefer, Chaip%an ADMINISTRATIVE JUDGE Rockville, Maryland October-28, 1999 0

2(... continued) standing (e.g. , failure to identify at least one affected individual), . we may elect'not to hold a prehearing conference but, instead, to dismiss the petition. If that situation arises, all parties will be notified.

2 Copies of this Memorandum and Order have on this date been'e-mailed or faxed (depending on address information L

available .tcy the Licensing Board). to the parties' and petitioners' representatives.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In'the Matter of NORTHEAST NUCLEAR ENERGY COMPANY Docket No.(s) 50-423-LA-3 i l

(Millstone Nuclear Power Station, l Unit No. 3) I CERTIFICATE OF SERVICE l I hereby certify that copies of the foregoing LB M&O (INTERVENTION PETITION) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

l Administrative Judge l Office'of Commission Appellate ' Charles Bechhoefer, Chairman i Adjudication Atomic Safety and Licensing Board Panel i U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 I Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 l

Administrative Judge Administrative Judge Richard F. Cole Charles N. Kelber Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Lawrence J. Chandler, Esq. Lillian M. Cuoco, Esq.

Office of the General Counsel Senior Nuclear Counsel Mail Stop 15 021 Northeast Utilities Service Company U.S. Nuclear Regulatory Commission 107 Selden Street Washington, DC 20555 Berlin, CT 06037 Nancy Burton, Esq.

147 Cross Highway .

Redding Ridge, CT 06876 Dated at Rockville, Md. this '

28 day of October 1999 Off~i 'e of Yhe Secretary of the Commission