ML20235H645

NRC Staff Response to Petitions to Intervene Filed by Susquehanna Valley Alliance & TMI Alert,Inc & Petition by Commonwealth of PA to Participate as Interested State.* Notice of Appearance & Certificate of Svc Encl

ML20235H645
Person / Time
Site:	Three Mile Island
Issue date:	09/25/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#487-4507 87-554-OLA, OLA, NUDOCS 8710010126
Download: ML20235H645 (11)

Text

i 9tCKETE0 USNRC September 25, 1987

'87 SEP 28 A;j :16 UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION C!c  : et-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ;j,k b,. .

in the Matter of )

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GENERAL PUBLIC UTILITIES )

NUCLEAR CORPORATION, ET AL. ) Docket No. 50-320 OLA

) ASLBP No. 87-554-OLA (Three Mlle island Nuclear ) (Disposal of Accident-Station, Unit 2) ) Generated Water)

NRC STAFF RESPONSE TO PETITIONS TO INTERVENE FILED BY SUSQUEHANNA VALLEY ALLIANCE AND THREE MILE ISLAND ALERT, INC.

AND PETITION BY THE COMMONWEALTH OF PENNSYLVANIA TO PARTICIPATE AS AN INTERESTED STATE

l. INTRODUCTION By Federal Register Notice (FRN) on July 31, 1987, the Commission advised the public that it is considering an application for amendment filed by CPU Nuclear Corporation (GPU or Licensee). 52 Fed. M .

28626. The proposed amendment would remove the current restriction en I disposal of accident-generated water in the license for the Three Mile Island Nuclear Station, Unit 2 (TMI-2) to allow evaporation of the water by forced heating over a period of about 21 years. The FRN stated that i i

by September 3,1987 persons whose interest may be affected by the pro-posed amendment and who wished to participate as parties to the proceed-ing had to file written petitions for leave to intervene pursuant to 10 C.F.R. 6 2.714 and request a hearing. By affidavits dated August 31, 1987 and September 2,1987 Vera L. Stuchinski, as representative of Three Mlle Island Alert, Inc. (TMI A) and Frances Skolnick, as 1

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l representative of Susquehanna Valley Alliance (SVA),: submitted. petitions to intervene and' requests for hearing in this proceeding. In addition,  ;

the Commonwealth of Pennsylvania (the Commonwealth) filed a petition to participate as an interested state pursuant to 10 C.F.R. 6 2.715(c) on l

l September 3,1987. The NRC staff (Staff) does not oppose the petitions l and conditionally supports the requests 'for hearing, as discussed below.

l II. DISCUSSION A. Standing to Intervene As indicated in the FRN, to establish standing to intervene pursuant l l 1 to 10 C.F.R. S 2.714(a), a petitioner must set out the particular interest f in the proceeding, how that interest may be affected by the proceeding, and the reasons the intervention should be permitted with particular ref-crence to (1) the nature of the petitioner's right to be made a party to f the proceeding under the Atomic Energy Act of 1954, as amended (the Act), (2) the nature and extent of the petitioner's property, financial, or )

other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest, in addition, a petitioner must identify the specific aspect (s) of the subject matter of the proceeding as to which the petitioner wishes to intervene.

Not later than 15 days before the first prehearing conference, a petition-

, er must file a supplement to the petition to include a list of the conten-  ;

tions which are sought to be litigated pursuant to 10 C.F.R. 5 2.714(b).

l l l To establish organizational standing , petitioners must demonstrate l that the organization will be injured in a way that is not a generalized grievance shared by all or a large class of citizens. Transnuclear, Inc.

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p (Ten Applications for Low-Enriched Uranium Exports to EURATOM member Nations), C Ll-77-2 4, 6 NRC 525, 531 (1977); Portland General Electric l Co. (Pebble Springs Nuclear Plant, Units 1 and 2), CLi-76-27, 4 NRC 610, 613-14 (1976). An organization may establish standing as the repre-sentative of members who themselves have an interest that may be affect-ed. Houston Lighting and Power Co. (South Texas Project, Units 1 and 2), ALAB-549, 9 NRC 644, 646-47 (1979); Public Service Co. of Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-322, 3 NRC 328, 330 (1976). Residence of at least one member in close proximl-ty to a facility, standing alone , would establish such an interest.

Virginia Electric and Power Co. (North Anna Power Station, Units 1 and 2), ALAB-522, 9 NRC 54, 56 (1979). As to petitions to participate as an Interested state, once a request for hearing is granted, the presiding officer will grant such petitions. 10 C.F.R. 6 2.715(c); Exxon Nuclear

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Co. (Nuclear Fuel Recovery and Recycling Center), ALAB-447, 6 NRC 873 (1977).

B. Petition of Frances Skolnick and Susquehanna Valley Atilance (SVA) in her affidavit Ms. Skolnick states that she resides in Lancaster, l Pennsylvania, within a 50 mile radius of TMi-2; that she is a member of I

SVA: that she is authorized by the SVA membership to petition to inter- J l

vene on their behalf; and that the health and safety of SVA members l 1

living within a 50 mile radius of TMI-2 will be jeopardized if the proposed l l

amendment is granted. Affidavit at 1. Ms. Skolnick has also submitted an additional affidavit reciting her address, her membership in SVA, and that she has been authorized by TMI A to represent it in this proceeding.

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, l C. Staff Response h in the Staff's view, Ms. Skolnick has demonstrated standing for her-  ;

self and SVA members under North Anna, supra, by indicating residence l

near TMI-2 and by alleging an adverse effect on the health and safety of the SVA members if the amendment is issued. However, Ms. Skolnick has not identified the specific aspect of the subject matter of the proceeding i

as to which she and SVA wish to intervene, nor has she set out a specif-  !

Ic issue for litigation. Since 10 C.F.R. 9 2.714(a)(3) allows amendments to petitions up to fifteen days prior to the special prehearing conference, Ms. Skolnick should amend her petition to identify the specific aspect of the subject matter she wishes to contest, as well as one litigable conten- ,

J tion. Until this is done, Ms. Skolnick and .SVA may not be admitted as j i

parties to any proceeding that may be held on this application since they have not fully complied with the requirements of 10 C.F.R. 5 2.714.

As to the affidavit stating authorization to represent TMI A ,

Ms. Skolnick does not state she is a member of TMI A nor an attorney-at-law. Under the Commission's rules of practice, parties may represent themselves as individuals, pro se, or as a member of a group, or may be represented by a licensed attorney. 10 C.F.R. 5 2.713(b). See, eg ,

General Electric Co. (General Electric Test Reactor, Vallecitos Nuclear ,

l Center), LB P-79-28, 10 NRC 578, 583 (1979). Ms. Skolnick has not j shown membership in TMIA nor that she is an attorney. Therefore, she may not represent TMIA.

D. Petition of Vera L. Stuchinski and Three Mile Island Alert, inc. (TMI A)

Vera L. Stuchinski states by affidavit that she resides in Harris-burg, Pennsylvania, within a fifty mile radius of TMI-2: that she is l

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j 1 Chairperson of TMIA: that she is authorized by TMIA to request a hear-ing and seek intervention on behalf of TMIA and that the health and  !

safety of TMI A members residing near TMI-2 will be jeopardized by issu-ance of the proposed amendment. Affidavit at 1-2. Ms. Stuchinskl fur-l ther states that as representative of TMI A , she authorizes Frances Skolnick to represent TMIA in this proceeding. Affidavit at 1.

E. Staff Response The Staff believes that Ms. Stuchinski has demonstrated standing for p A

herself and TMIA by showing nearby residency and alleged adverse ef- +

fects on the members' health and safety as a result of the proposed amendment. North Anna, supra. However, Ms. Stuchinski has also failed to identify a specific aspect of the subject matter of the proceeding ,

on which she wishes to intervene and to present a litigable issue. Thus, Ms. Stuchinski must fully comply with 10 C.F.R. 6 2.714 before the peti-tion to intervene and request for hearing may be granted.

The Staff opposes the proposed representation of TMIA by Ms. Skolnick for the reasons previously stated in response to Ms. Skolnick's affidavit. There is no indication in either affidavit that Ms. Skolnick is a member of TMI A and that the members have authorized .

her to represent them. As representative for SVA, Ms. Skolnick is act-ing pro se for SVA and may not act as representative for another group unless she is an attorney in good standing. 10 C.F.R. 5 2.713(b).

However, in the event that SVA and TMI A are admitted as parties and a e hearing is g ranted , the parties could seek consolidation pursuant to 10 C . F. R . 5 2. 715a .

4- F. The Petition of the Commonwealth

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in its petition, the Commonwealth states its support of the requests for hearing filed by SVA and TMIA and requests leave to participate in the requested hearing as an interested state pursuant to 10 C.F.R. 62.715(c). Petition at 1. The Commonwealth further states its specific interests in the proceeding are (1) to assure that any threat to public health, safety and the environment by the disposal of the contaminated water is minimized and (2) to maintain public confidence in the TMI-2 clean-up operations. Petition at 2.

G. Staff Response The Staff supports the participation of the Commonwealth in the event that a hearing is granted. However, under 10 C.F.R. 6 2.715(c)

Interested . states and municipalities do not have full party status so that their participation depends on the successful intervention of one who ,

i seeks it as a party pursuant to 10 C.F.R. 5 2.714. See: Gulf States 1 1

Utilities Co. (River Bend Station, Units 1 and 2), ALAB-317, 3 NRC 175 179 (1976). Consequently, the Commonwealth's participation must await the final determination of the requests for hearing submitted by SVA and TMI A.

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111. CONCLUSION The Staff believes that the representatives for SVA and TMlA have demonstrated the necessary interest or standing to intervene in this pro-I ceeding. The representatives must fully comply with the requirements to identify the specific aspect (s) of the proceeding they wish to litigate and to submit at least one litigable contention prior to their admission as  :

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r f parties and grant of hearing. The Commonwealth should be admitted as an interested state if a hearing is granted. ,!

Respectfully sutmltted, l

ColIeen P. Woodhead Counsel for tNC Staff Dated at Bethesda, Maryland  ?

this 25th day of Septenber,1987

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION  ;

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD .

$ i in the Matter of )

)

GENERAL PUBLIC UTILITIES )

NUCLEAR CORPORATION, ET AL. ) Docket No. 50-320 OLA

) ASLBP No. 87-554-OLA

-(Three Mlle Island Nuclear ) (Disposal of Accident-Station, Unit 2) ) Generated Water)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney enters an appearance in the above-captioned matter. In accordance with 6 2.713(b),

10. C.F.R., Part 2, the following information is provided:

Name: Colleen P. Woodhead Address: U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, D.C. 20555 Telephone Number: (301) 492-7453 Admissions: Supreme Court Of Texas U.S. Court of Appeals in the District of Columbia The Supreme Court of the United States Name of. Party NRC Staff Respectfully submitted, Colleen P. Woodhead \

Counsel for NRC Staff N I

Dated at Bethesda, Maryland this 25th day of September,1987 )

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_ _ _ - _ - - - - - - - - - - - - - - - - - - - )

l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

)

i 1 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

GENERAL PUBLIC UTILITIES )

NUCLEAR CORPORATION, ET AL. ) Docket No. 50-320 OLA

) ASLBP No. 87-554-OLA (Three Mlle Island Nuclear ) (Disposal of Accident-Station, Unit 2) ) Generated Water)

NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney enters an

'l appearance in the above-captioned matter. In accordance with 6 2.713(b),

l 10 C.F.R., Part 2, the following information is provided:

Name: Stephen H. Lewis Address: U.S. Nuclear Regulatory Commission Office of the General Counsel )

Washington, D.C. 20555 Telephone Number: (301) 492-8139 Admissions: Commonwealth of Massachusetts, Supreme Judicial Court -

4 District of Columbia i Court of Appeals j United States Supreme Court l Name of Party NRC Staff Respectfully submitted,

. . C&

l: Stephen H. Lewis Senior Supervisory Trial Attorney Dated at Bethesda, Maryland .

this 25th day of September,1987 )

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j BOLKUED i USNRc UNITED STATES OF AMERICA. I NUCLEAR REGULATORY COMMISSION '87 SEP 28 41:16 j BEFORE THE ATOMIC SAFETY AND LICENSING BOARD.m - ,

59CR$5 ( b iM~ .

In the Matter of ) i

)

GENERAL PUBLIC UTILITIES )

NUCLEAR CORPORATION, ET AL. ) Docket No. 50-320 OLA

) ASLBP No. 87-554-OLA

- (Three Mile Island Nuclear ) (Disposal of Accident-Station, Unit 2) ) Generated Water) i l

CERTIFICATE OF SERVICE )

I hereby certify that copies of "NRC STAFF RESPONSE TO PETITIONS l TO INTERVENE FILED BY SUSQUEHANNA VALLEY ALLIANCE AND l THREE MILE ISLAND ALERT, INC. AND PETITION BY THE COMMON- ]

WEALTH OF PENNSYLVANIA A TO PARTICIPATE AS AN INTERESTED STATE" and ." NOTICES OF APPEARANCES" (for Colleen P. Woodhead and ,

Stephen H. Lewis) in the above-captioned. proceeding have been served i on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Com-mission's internal mail system,. this 25th day.of September,1987:

Sheldon J. Wolfe, Chairman Ernest L. Blake, Jr. Esq.

Administrative Judge Thomas A. Baxter, Esq.

Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge U.S. Nuclear Regulatory Commission 2300 N Street, N.W.

Washington, D.C. 20555* Washington, D.C. 20037 Dr. Oscar H. Paris John R. McKinstry Administrative Judge Assistant Counsel Atomic Safety and Licensing Board Commonwealth of Pennsylvania U.S. Nuclear Regulatory Commission 505 Executive House Washington, D.C. 20555* P. O. Box 2357 Harrisburg, PA 17120 Mr. Glenn O. Bright Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel

.U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555* Washington, D.C. 20555*

Atomic Safety and Licensing Appeal Docketing and Service Section Board Panel Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555* Washington, D.C. 20555*

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-; Susquehanna Valley Alliance Three Mile' Island Alert P. O. Box 1012 315 Peffer Street ,.

Lancaster, PA 17604 Harrisburg, PA 17102 5 l

l Jay Gutierrez .

j Regional Counsel USNRC, Region 1 631 Park Avenue King of Prussia, PA 19406* 1

/

Colleen P. Woodhead /

Counsel for NRC Staff

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