ML20234D330
| ML20234D330 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/15/1987 |
| From: | Baxter T GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4404 OLA, NUDOCS 8709220057 | |
| Download: ML20234D330 (7) | |
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September 15, 1987
'87 SD) 16 P3 :40 l
UNITED STATES OF AMERICA j
NUCLEAR REGULATORY COMMISSION OP "
GOD i
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'In the Matter of
)
)
.GPU Nuclear Corporation
)
Docket No. 50-320-00/1
)
(Disposal'of Accident-(Three Mile Island Nuclear
)
Generated Water)
Station, Unit 2)
)
l LICENSEE'S RESPONSE TO THE i
l PETITIONS TO INTERVENE i
On' July 31, 1987, notice was published in the Federal Regis-l ter concerning GPU Nuclear Corporation's
(" Licensee's") request
)
l l
for an amendment to the Three Mile Island, Unit 2 ("TMI-2") oper-ating license.
52 Fed. Reg. 28,626.
The amendment would delete l
the current prohibition on disposal of accident-generated water.
The notice afforded interested persons an opportunity to request a hearing and to petition for leave to intervene.
2 Petitions to intervene have been filed by two organizations
-- the Susquehanna Valley Alliance ("SVA") and Three Mile Island Alert ("TMIA").1!
As reflected in the Notice and the Commis-sion's Rules of Practice at 10 C.F.R.
S 2.714, in order to 1/
Although both petitions were received by counsel for Licensee, they were not accompanied by proof of service as re-quired by 10 C.F.R. 5 2.713(e).
8709220057 B70915 PDR ADOCK 05000320
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qualify for intervention, a petitioner raust establish an interest in the outcome of the proceeding and advance at least one accept-able contention.
Since proposed contentions may be filed no l
later than 15 days prior to the special prehearing conference, Licensee here addresses only whether the petitioners have shown the requisite interest.
Organizations may seek to intervene in NRC proceedings to represent the interests of their members.
Public bervice Company of Indiana (Marble Hill Nuclear Generating. Station, Units 1 and 2), ALAB-322, 3 NRC 328 (1976).
Organizations seeking to inter-vene must identify one member by name and address who wishes to be represented by the organization and who has the necessary interest.
Virginia Electric & Power Co. (North Anna Nuclear Power Stations, Units 1 and 2), ALAB-535, 9 NRC 402, 404 (1979).
Residence within fifty miles of the site is generally considered sufficient to meet the interest requirement.
See Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2),
ALAB-413, 5 NRC 1418, 1421 n. 4 (1977).
On August 31, 1987, a petition to intervene was filed in the form of an affidavit by Vera L.
Stuchinski on behalf of, and as Chairperson of, TMIA.
Ms. Stuchinski bases her interes an her residence in Harrisburg, Pennsylvania, which is within the 50-mile radius of TMI-2.
TMIA wishes to intervene to litigate the safety of the requested license amendment.
Based on the fore-going facts, Licensee believes that TMIA has alleged sufficient
?
4 facts to meet the interest requirements for intervention under l
10 C.F.R. $ 2.714.
On September 2,'1987, a petition to intervene was filed by j
q Frances Skolnick, in the form of two affidavits, on behalf of the 1
i SVA.2/
In her affidavit on behalf of SVA, Ms. Skolnick states that she is a member of SVA who has been authorized to intervene on its behalf.
She bases her interest on her residence in
'Lancaster, Pennsylvania, a distance within a 50-mile radius of TMI-2.
SVA wishes to intervene to litigate the safety of the re-i quested license amendment.
SVA has, in Licensee's view, stated sufficient facts to demonstrate an interest in the proceeding as
{
required by 10 C.F.R.
S 2.714.
In her second affidavit, Ms. Skolnick states that she has been authorized to represent TMIA to litigate the safety of the license amendment.
In addition, Ms. Stuchinski, in her affida-vit, authorizes Ms. Skolnick to represent TMIA.
There is no in-dication that Ms. Skolnick is an attorney or a member of TMIA.
L If Ms. Skolnick is not an attorney, she may not represent any other individual or any organization in which she does not hold membership.
See 10 C.F.R. 5 2.713(b);
Carolina Power & Licht
.Co.
(Shearon Harris Nuclear Power Plant), ALAB-843, 24 NRC 200, 203 n.
3 (1986);
ALAB-856, 24 NRC 802, 805 (1986).
- Licensee, 2/
At approximately the same time, Ms. Skolnick mailed to Licensee's counsel her July 28, 1987 filing with the Secretary of the Commission.,
4 however,' notes thatLthe petitions of SVA and TMIA are very simi-lar and appear to allege identical interests.
If both petition-ers formulate acceptable contentions which are substantially the same, Licensee would support consolidation of SVA and TMIA at 1
that point in accordance with 10 C.F.R.-S 2.715a.
l l
SVA and TMIA have stated their interests in quite general-ized terms.
In order to achieve party status, each petitioner I
still must formulate an acceptable contention pursuant to 10 C.F.R. 5.2.714(b).
Because delay.in the Commission's decision on disposal of the accident-generated water will delay completion of the cleanup of TMI-2, Licensee will urge expedition throughout the course of this proceeding.
At the outset, in the. absence of any dispute over the interest of the petitioners, Licensee sug-gests that the Atomic Safety and Licensing Board issue an order scheduling a section 2.751a special prehearing conference for roughly October 15, 1987, and directing that TMIA and SVA file
_4_
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c O.
their proposed contentions for receipt by counsel for Licensee and the NRC Staff no later than September 30, 1987.2/
Respectfully submitted, SHAW, PITTMAN,'POTTS & TROWBRIDGE c-. : = k Thomas A..Baxter, P.C.
Ernest L.
Blake, Jr.,
P.C.
Maurice A.
Ross Counsel for Licensee 2300 N Street, N.W.
Washington, D.C.
20037 (202) 663-8000 Dated:
September 15, 1987 3/
It should be noted.that the NRC and the public have previ-ously had the opportunity to review and comment on water disposal issues.
Over six years ago, the NRC staff issued the Final Pro-grammatic Environmental Impact Statement (PEIS) on the TMI-2 cleanup.
52 Fed. Reg. 28,626 (1987).
SVA and TMIA filed'com-ments on the draft PEIS.
Further, on July 31, 1986, Licensee proposed a plan to evaporate the accident-generated water by forced heating.
Id.
On. December 29, 1986, the NRC issued for comment an updated Draft-Supplement No. 2 to the PEIS on the dis-posal of accident-generated water.
Id.
Again, both SVA and TMIA filed comments on the draft supplement.
The Final Supplement became available in July 1987.
See 52 Fed. Reg. 27,091 (1987).
In addition, Licensee's plan has been the subject of several pub-lic meetings in the TMI area by the NRC's Advisory Panel for the Decontamination of TMI-2.
Representatives of SVA and TMIA have both attended and made presentations at those meetings.
- Thus, the petitioners' familiarity with the issues should enable them to formulate their proposed contentions promptly.
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, uw; September 15, 1987 N SEP 16 p3;40 UNITED STATES OF AMERICA' CFi t
~
. NUCLEAR REGULATORY COMMISSION SOC 4?C E:/ s, ' Pr j
I BEFORE THE ATOMIC SAFETY AND' LICENSING' BOARD 1
i i
"In the Matter of
)
)
,GPU-Nuclear Corporation
-)
Docket No. 50-320
).
(Disposal.of Accident-(ThreeLMi'le Island Nuclear
)
Generated Water) 1 LSt'ation, Unit 2)
)-
i CERTIFICATE OF SERVICE
- 4.,
I hereby certify that copies of the foregoing " Licensee's-Response to the Petitiors to Intervene" were served.this 15th day z
of September, 1987, by first class mail,-postage prepaid, or by hand delivery,.as. designated, upon the following:
Atomic Safety and Licensing Board Panel (Hand Delivery)
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l,
Docketing.and Services Branch Secretary of-the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555.
Lawrence J. Chandler, Esquire (Hand Delivery)
Stephen H.
Lewis, Esquire Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 John R. McKinstry, Esquire Department of Environmental Resources Commonwealth of Pennsylvania 505 Executive House, P.O.
Box 2357 Harrisburg, Pennsylvania 17120
L.3 I
l'
!.- ).
i
,Ms. Frances Skolnick Susquehanna Valley Alliance l
P.O.
Box 1012 l
Lancaster, Pennsylvania 17604 l
Ms. Vera L. Stuchinski l
Three Mile Island Alert 315 Peffer Street Harrisburg, Pennsylvania 17102 l
J Thomas A.
- Baxter, P.C.
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