ML20235K833
| ML20235K833 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/01/1987 |
| From: | Bright G, Paris O, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | PENNSYLVANIA, COMMONWEALTH OF, SUSQUEHANNA VALLEY ALLIANCE, LANCASTER, PA, THREE MILE ISLAND ALERT |
| References | |
| CON-#487-4510 87-554-04-OLA, 87-554-4-OLA, OLA, NUDOCS 8710050248 | |
| Download: ML20235K833 (6) | |
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4 D9 KETED UNITED STATES OF AMERICA L MC NUCLEAR REGULATORY COMMISSION Tl DCT -2 A9:46 ATOMIC SAFETY AND LICENSING BOARD Itchi1 RIG b N $[
EmH Before Administrative Judges:
Sheldon J. Wolfe, Chairman EERVED OCT ~2ggy Oscar H.' Paris Glenn 0. Bright In the Matter of Docket Nos. 50-320-OLA (Disposal of Accident-i GENERAL PUBLIC UTILITIES NUCLEAR GeneratedWater)
CORPORATION,'et al.
(ASLBPNo. 87-554-04-0LA)
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(Three Mile Island Nuclear Station, Unit 2)
October 1, 1987 f
MEMORANDUM AND ORDER (Regarding Interest of Petitioners)
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MEMORANDUM On July 31, 1987, the Commission published a Consideration of Issuance of Amendment to Facility Operating License and Opportunity for Prior Hearing. 52 Fed. Reg. 28626. The Licensee's proposed amendment would delete from the Technical Specifications the current prohibition on disposal of accident-generated water at TMI-2 and instead would provide for the evaporation of that water by forced heating at the site over a period of about 21 years.
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2 On August 31 and September 2,1987, Three Mile Island Alert i
(TMIA)andSusquehannaValleyAlliance(SVA),respectively, filed petitions for a hearing and for leave to intervene, which were in the l
form of affidavits. On September 3.,1987, the Connonwealth of Penn-sylvania filed a petition to participate as an interested state pur-suant to 10 C.F.R. 5 2.715(c).
1 On September 15, 1987, the Licensee filed its responses, and on September 25, 1987, tne Staff filed its. response.
In her affidavits Ms. Vera Stuchinski stated that, as authorized by TMIA, she filed the petition on behalf of, and as Chairperson of, TMIA; that she resides in Harrisburg, Pennsylvania, which is within a 50-mile radius of TMI-2; and that she authorized Ms.' Frances Skolnick of SVA to represent TMIA in this proceeding.
In her affidavit, Ms.
Frances Skolnick stated that she is a member of SVA; that'she hes been authorized to file the petition on behalf of SVA; and that slie resides in Lancaster, Pennsylvania, which is within a 50-mile radius of TMI-2.
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In a second affidavit, Ms. Skolnick stated that she has been author-ized by TMIA to represent it in this proceeding.
Both the Licensee and the Staff favor the granting of the Common-
. wealth's petition to participate as an interested state but only if a hearing is granted because, under 10 C.F.R. 5 2.715(c), an interested
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state does not have full party status at the licensing board level and I
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3 thus such an interested state's participation depends upon whether the licensing board ultimately admits at least one contention submitted by a 5 2.714 petitioner and orders that a hearing be held. See Gulf States Utilities Co. (River Bend Station, Units 1 and 2), ALAB-317, 3 NRC 175,.179 (1976). We agree, and the Connonwealth's participation must await our determination of the SVA and TMIA requests for a hearing.
Citing several cases, the Licensee and the Staff agree that TMIA and SVA have established their interest in the proceeding as required by 10 C.F.R. 5 2.714 We concur. While the Staff adds that the two petitioners should amend their petitions because they have not identi-fied the specific aspect of the subject matter of the proceeding as
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to which they wish to intervene, we disagree. The affidavits clearly reflect that the petitioners allege that the proposed open-cycle i
forced evaporation of accident-generated water containing very hazard-q ous isotopes would present a significant risk to the public health and i
safety and that alternate methods exist which would greatly reduce the risk at comparable or lower direct costs.
i Public Service Co. of Indiana (Marble Hill Nuclear Generating Station, Units 1and2),ALAB-322,3NRC328,330(1976); Houston Lighting & Power Co. (South Texas Project, Units 1 and 2), ALAB-1 549, 9 BRC 644, 646-47 (1979); Virginia Electric & Power Co. (North Anna Nuclear Power Stations, Units 1 and 2), ALAB-536, 9 NRC 402, 404(1979(; Tennessee Valley Authority (Watts Bar Nuclear Power Plant, Units 1 and YT,~ ALAB-413, 5 NRC 1418,1421 n. 4 (1977).
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4 Finally.we agree with the Licensee and the Staff that, absent any indication that Ms. Skolnick is an attorney or a member of TMIA, she' cannot properly represent TMIA in this proceeding. See 10 C.F.R. 9 2.713(b); Carolina Power & Light Co. (Shearon Harris Nuclear Power Plant), ALAB-843, 24 NRC 200, 203 n. 3 (1986).
ORDER In light'of the foregoing discussion, 1.
The Commonwealth of Pennsylvania's petition to partici-pate as an interested state in this proceeding must await our final determination as to whether a hearing shall be held.
2.
SVA and TNIA have established the requisite interest pursuant to 10 C.F.R. 5 2.714.
3.
If Ms. Skolnick is an attorney or is a member of TMIA, I
she shall so notify the Board within ten (10) days after service of this Memorandum and Order.
If she is not so qualified, within this 10-day period, TMIA shall notify the Board that it has either retained an attorney to represent it or that one of its duly-authorized mem-bers, who resides within a 50-mile radius of TMI-2, will represent it.
Abser.t compliance, neither TMIA nor Ms. Skolnick on its behalf will be l
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' allowed to file the proposed contentions provided for in paragraph 4, below, and TMIA's petition will be denied.
4.
TMIA, after complying with numbered. paragraph 3.,
I above, and SVA, shall file supplements to their petitions for leave to intervene which must include a list of the contentions sought to be litigated and the bases for each contention set forth with reasonablea specificity.
S_ee,10C.F.R.92.714(c). Proposed contentions shall be limited to matters within the scope of the amendment under considera-
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tion.
In order that the Board will have sufficient time in'which to review all submissions prior to holding of the 9 2.751a special pre-hearing conference,. pursuant to 99 2.711 and 2.712, SVA and TMIA shall serve these supplements by personal delivery, or by express mail so that the Licensee, the Staff, the Connonwealth, and the Board will-receive them on or before October 30, 1987. The Licensee and the Staff-shall serve, by personal delivery or by express mail, their responses to the proposed contentions in order that the Petitioners, the Commonwealth, and the Board will receive them on or before Novem-ber 17, 1987.
5.
If it so desires, the Commonwealth may_ file proposed contentions, which shall be served on the due date set forth in num-bered paragraph 4, supra, and the Licensee and the Staff shall serve their responses by the due date set forth in said numbered paragraph.
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6.
As soon as is possible, the Board will issue an Order scheduling a 5 2.715a special prehearing conference which will be held sometime in the first two weeks of December,1987.
THE ATOMIC SAFETY AND LICENSING BOARD 0 lb 2.w Glenn Bright
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ADMINISTRATIVE JUDGE 0W W
Oscar H. Paris ADMINISTRATIVE JUDGE h
Sheldon J. Wolfg Chairmdh ADMINISTRATIVE '@DGE October 1, 1987, Bethesda, Maryland.
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