ML20235D698

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AEC Regulatory Staff Answer to Js Turner Petition to Intervene on Issue of Migration of Plant Radiation of Food. Js Turner Has Not Established Good Cause for Delay & Petition Should Be Denied.Incomplete Order of I Like Encl
ML20235D698
Person / Time
Site: 05000000, Shoreham
Issue date: 09/15/1970
From: Malsch M
US ATOMIC ENERGY COMMISSION (AEC)
To:
US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML20235B311 List: ... further results
References
FOIA-87-111 NUDOCS 8709250315
Download: ML20235D698 (6)
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UNITCD STATES OF AME '10A Otl '

ATOMIC EiESY C @ i1Fi. ION s ,'

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In the 11ctter of )

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LONG ISLAND LIGHTINC C0;iPANY ) Locket ??o. 5.0-322

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(Shorehan Nuclear Poect S ta t ion )

Unit 1) )

ANS*Wn Or T1!E AEC REGULATM." STAFF TO PETITION TO II;T!"PNE!T ON THE 105':.:. OF MICKNPTON OF P11.7T DADT ATION OF' FOOD BY .iOS S , TUJ:!ER l

1:y petition filed Septc. bcr 2, 1970, nr. Jaraes S. Turner requcnted thet he to permitted to intervene on his c':n behalf in thic proctedind.

In his petition Mr. Turner stated generally that he ir cencerned thct the icpliccrions of the Federal Foed cad Drug Act be fully weighed in the granting of any nuclect rewar plant itconse, that he believes that migration of rcdiocctive material fru, m aar power plante requires tierious attention, and that, unicos the zi!c o f the Federnt Food and Drut; Administration is concidered, cct.iplicated legal questions uilt be raised about.the liability of the applicant for added hardshipr and co'sts to food producers whose produce is affected by radiation from the Shorcharn plant.

The Cociincion's " Rules o ' Prac tice" in 10 CFR $ 2.714(c) provide that any paroon "unoce interect may be aficcted by a proceeding" may I

petition for 1 cave to intervcae. The provicionc of 10 CFR $2.714(r.) i 1

also re' quire that petitions for leave to intervene cet forth "the interect of the p titioner in the proceeding (and) hc,9 that interect may be affected by Cort.tccicn retion." In order fc,r tac pet it ior.or to have any "interent [that):tay be af fected by ,i procer d uie" he imm'. ,

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'N at least, show that some injury in fact may occur oc a* result of Cottmission cetion either to himscif or to some other person or group of persons he hau ctanding to represent. D:ita Procenn!nc Service v.

Camp, _U.S. 25 L.Ed. 2d IS4 (1970).

It suo not appear from his petition that Mr. Tutner himacif eithez li;cc in the vicinity of the proposed Shorehau plant, concurcs food which oay contain radiocer toe inaterial from the proposed p14,nt, or pr6doces food in the vicinity of the plant which might be af fected by it. Mr. Turncr dece not allege that the construction or the operation of the pre 7oced Shorchem pleat vill ccuse any harm to any person or-group o f -ernonc uhom he rcpreconte r.ince hir petition c1ccrly inf.icates that hc 1: petitioning, on hir own behalf. Indeed the petition cc a whole indicates that lir. Turnec is not seeking to becote a party to this proccc?,ing to protect cny percon:t i.ntercut or interest of anyone cice when he represents, but rather to raine certain abstract icgal questions. In short, Mr. Turner has not choun or even alleged that some injury, in fact, may occur as a result of Cormlesion action either to hintcelf or to sot.c other percon or group o f persons he represents.  ;

1 We believe, therefore, that lir. Turner has not shown thnt he hno cny "interent [that] :nay be af fected by [thit;) proceeding."

A pet:. tion for 1 cave to intervent. in taic proceeding, in order to l- ,

bc tituely, cheuld have been filed net Inter than Mcrch 10, 1970. The Cor.ui:::.f on's "nulon o f Practice" in in Crn 5?.714(a) nrovide thet n I j

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petition for 1 cave to intervene thet is not t!rtcly util be denied uniccs the petitioner shous good cause Ic - failure to file it on t im::. Mr. Turner indicates in hic petitica that he became cuate 1

4 of the Shorchmn p:oceedin:: "l o t o in th a ta ct.wr o f 19 70". Mr. Tu.nar hco been avarc of this proceedin3; at 1 cant since July 10, 1970. uhen his "Motice cf Intent to File c Pctitieu to Intervere on the incue of Migration of Plant H.. diction to Foed by Jcmec S. Twner" unc prennuts d to tiic bacrd at th: third prehearing con (crence (Tr. p. 175).

At, thct time Mr. Tul.ner stated that his pc r.itic.n would be cul altted uithin ene ock. Mr. Turner's petition wn ret filed until Det.tenbcr 2, 1970, air.ost tuo tr.onthc cince t' o third rrhearic ; coniernnce. Uc da-not believe t'.ct Mr. Turner has cotablisNd good c cre fer thia de vey.

For the above reccons, the AEC regulct.ory s ta f f renpect fully requects thnt !!r. Turner 's ytttien be derici. We unutd have no objection, heucver, to Mr. Turner being pertaitted to c.ake a lireittcd appearance in accordance with 10 CFR $2.715.

Respce t fully submit ted , ,

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l' b' -. 1 Martin G. Malcch Ccuncol for AEC Regutctory Staff Dated at Betherda, Maryland, this 15th day of Septer.ber, LJio.

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UNITED STATES OF AMERICA ~

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ATOMIC ENERGY. COMMISSION '

In the. matter of Long Island Lighting. Company )

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(Shoreham Unit No. 1) Nuclear Power) .Sta tion Docket No. 50-322

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_ ORDER a 1ByLa motion dated July 28, _

Study Group. moved-this Board 1970, Intervenor Lloyd Harbor (as a firs t alterna tive to its first' motion) to disqualify itself.

i On September 3, 1970, motion, the Board, having considered the the affidavit attached theretoe arguments the parties _ thereon, and th of as it related to and sought relief frissued nsofaran order Licensing Board. om this Atomic Sa fety and Section 2.704 (c) of the Commissi states "If a party deems the presidin on's Rules of Practice '

he may move that the presiding offig officer to be disqualified, motion shall be supported by affidavitcer disqualify-himself. The grounds for disqualification .

s setting forth the alleged not grant the motion he will refer it to thIf the presiding

.will. determine the sufficiency of ethe Commission which grounds eged."

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' September 3, 1970, In accordance with Section (c) . 2 704 the Board's. order of is hereby referred to the Commis determination of the suf ficiency of th sion for its e grounds alleged.

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7. the Atomic Safety & Licensing. Appeal Board for Shoreham be reconstituted by the Atomic Energy  ;

Commission with members who have no personal in-terest in the field of atomic energy development,

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and that the composition of such Board be inter-disciplinary and be also representative of the en-vironmental life sciences so as to comply with the mandate of NEPA;

8. the Advisory Committee on Reactor Safeguards be reconstituted by the Atomic Energy Commission.

with a reasonable number of members representative of the environmental life sciences so as to comply with the mandate of NEPA, and that upon such re-cons ti tu tion , that the Shoreham application be re-manded to the ACRS and that the ACRS furnish a re-vised report thereon, taking into consideration l

1 the requirements of NEPA; '

and for such other and further relief as may be just and pro-per herein.

Dated: Babylon, New York Respectfully submitted .

July 28, 1970.

REILLY, LIKE & SCHNEIDER by: IRVING LIKE, ESQ.

l Attorneys for Intervenor, The Lloyd Harbor Study t

Group, Inc.

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200 West Main Street a Babylon, New York 11702 j I

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ER00. & UIlt, EAC. ft" My-

- TO:

l Mr. Stanley T. Robinson Office of.the' Secretary U.S. Atomic Energy Commission Washington, D.C. 20545 Hon. slack M. Campbell, Chairman Atomic Cafety & Licensing Board

.Stephenson, Campbell & Olmstead 231 Washington Avenue  ;

P.O. Box 877 Sante Fe, New Mexico 87501 lion. James P. Gleason, Eaq.

Alternate Chairman Atomic Safety & Licensing Board 205 Commonwealth Building 1625 K Strcot, N.W.

Washing ton, D.C. 20006 d) 92 Dr. A. Dixon Callihan p #

DCClitf D Union Carbide Corporation tui:

P.O. Box Y- 2:

Oak Ridge, Tennessee 50 37830 M3 0 WOS d V;

05(4 SI f' IKrtt;,7 Dr. Ilugh C. Paxton Los Alamos Scientific Laboratory g N.*

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13ox 1663 g . d' Los Alamos, New Mexico 87544 '3 Dr. John C. Geyer, Chairman Depnrtment of Geography & Environmental Engineering The Johns Hopkins University Daltimore, Maryland 21218 Joseph Scinto, Esq.

Atomic Encrgy Council 112 State Street Albany, New York Gerald F. Hadlock, Esq.

Trial Counsel U.S. Atomic Energy Commission Washington, D.C.

Edward J. Walsh, Jr., Esq. .

Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 I

Zwissler, Diedolf & Volkmann, Esgs.

One South Ocean Avenue

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