ML20236R480

NRC Staff Response to Citizen Regulatory Commission Suppl to Intervention Petition Addressing Standing.* Petition Should Be Denied,Due to Failure to Establish Standing to Intervene. W/Certificate of Svc

ML20236R480
Person / Time
Site:	Millstone
Issue date:	07/21/1998
From:	Bachmann R NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#398-19334 LA-2, NUDOCS 9807220062
Download: ML20236R480 (6)

Text

f DOCKETED USHR0uly 21,1998 4

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOM n a P 3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Hu In the Matter of )

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NORTHEAST NUCLEAR ) Docket No. 50-423-LA-2 ENERGY COMPANY )

(Millstone Nuclear Power Station, ,

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Unit No. 3) )

NRC STAFF'S RESPONSE TO CRC SUPPLEMENT

, TO INTERVENTION PETITION ADDRFRSING STANDING INTRODUCTION In accordance with the June 16,1998 Order of the Atomic Safety and Licensing Board (Board), the staff of the Nuclear Regulatory Commission (Staff) hereby responds to the July 7, 1998 Supplement to its petition to intervene filed by the Citizens Regulatory Commission (CRC).8 For the reasons set forth below, the Staff submits that CRC has not demonstrated its standing to )

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intervene in this matter, as required by 10 C.F.R. I 2.714; accordingly, its petition for leave to intervene should be denied. i BACKGROUND 1 On May 22,1998, CRC filed its " Citizens Regulatory Commission Petition for I. cave to Intervene" with the Commission. The Petition was in response to a proposed license amendment concerning the addition of a sump pump subsystem. On June 1,1998, an Atomic Safety and Licensing Board (Board) was established to preside over the proceeding. Northeast Nuclear CRC Supplement to Intervention Petition (Supplement).

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i 4~ Energy Company (NNECO) responded to the Petition on June 5,1998;2 the Stafffiledits response on June 10, 1998.8 By Order dated June 16, 1998, the Board permitted CRC to file an amendment to its Petition to address any shortcomings with respect to standing and other matters, and directed CRC to file a supplement to its Petition containing its proffered contentions. Both actions were to be completed by July 7,1998. Order at 2-3. The Board further provided that NNECO's and the Staff's responses to CRis amendment addressing its standing would be due on July 21,1998. Id. Responses to CRC's supplement proffering contentions would be due on July 28,1998. Id. On July 7,1998, CRC filed its Supplement, consisting of four proposed contentions and the affidavit of Joseph H. Besade, which addressed standing. See " Affidavit" attached to Supplement (Besade Affidavit).

DISCUSSION CRC Has Failed to Establish Srmndina to Insty.CIE CRC has failed to establish its standing to intervene in this proceeding in that it has not shown an " injury in fact" to its interests or an interest of its members that is fairly traceable to the licer.se amendment request.

In supplementing its Petition, CRC has provided the affidavit of Joseph H. Besade, who states that he is a member of CRC and has authorizcd CRC to represent him in this proceeding.

Where the organization relies upon the interests of its members to confer standing upon it, the 2 Northeast Nuclear Energy Company's Answer to Request for a Hearing and Petition to Intervene: Sump Pump Subsystem Approval.

' NRC Staff's Response to Citizens Regulatory Commission's I,Wtion to Intervene (Staff's Response).

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J. organization must show that at least one member who would possess standing in his individual capacity has authorized the organization to represent him. Georgia Institute of Technology, (Georgia Tech Research Reactor), CU-95-12,42 NRC 111,115 (1995).

l There i:: nothing in Mr. Besade's affidavit that demonstrates he possesses standing in his l individual capacity. In order to establish standing, a petitioner must show that the proposed action will cause " injury in fact" to the petitioner's interest and that the injury is arguably within the

" zone ofinterests" proteced by the statutes governing the proceeding. The alleged interest must be concrete and particularized, fairly traceable to the challenged action, and likely to be redressed by a favorable decision. Georgia Power Company (Vogle Electri:: Generating Plant, Units 1 and 2), CL1-93-16,38 NRC 25,32 (1993) citing Lufan v. Defenders ofWildlife, 504 U.S. 555 (1992).

Moreover, the Commission has ruled that absent sit'2ations involving an obvious potential for offsite consequences (construction or operation of the reanor itself, or major alterations to the facility), a petitioner must allege some specific " injury in fact" that will result from the action taken. Florida Power & Light Co. (St. Lucie Nuclear Power Plant, Units 1 and 2), CU-89-21, 30 NRC 325, 329-30 (1989).

CRC, in its Supplement, attempts to cure the defects of its original Petition by supplying an affidavit from one of its members, Mr. Joseph M Besade, who has authorized CRC to represent him. Although CRC has addressed one defect of its original petition (See Staff Response at 5), it still has not shown that an injury in fact would be caused by the issuance of the amendment. See Staff Response at 6-7.

CRC does not address standing in its Supplement, but merely relies on Mr. Besade's t,

affidavit. Mr. Besade's affidavit, however, does not demonstrat that some specific " injury in

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fact" will result from the action taken. With regard to the amendment at issue, Mr. Besade merely refers to, " modifications which concern the integrity of containment basemat," and assens, that approval of the amendment "will have the effect of reducing safety margins." Besade Affidavit at 119-10.

As stated in the Staff's Respons:, Mwever, the proposed amendment would permit NNECO to revise its safety analysis repon to include a new sump pump subsystem to address groundwaterinleakage through the containment ba=amat Staff's Response at 6-7. Mr. Besade's affidavit contains nothing to even indicate that the amendment has the potential for causing offsie ,

r. consequences, and thus an " injury in fact." CRC, through Mr. Besade's Affidavit, therefore, has failed to demonstrate standing in this proceeding.

I CONCLUSION CRC has failed to establish its standing to intervene in this proceeding by not showing an j I

" injury in fact"to the interests of any ofits members. Therefore, CRC's Petition should be denied.

Respectfully submitted, 4

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Ric d G. Bachmann Counsel forNRC Staff Dated at Rockville, Maryland this 21st day ofJuly 1998 i

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t DOCKEI,ED i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 98 llL 21 P3 :26 In the Matter of ) OFFF L N

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m Docket No. 50-423.$4Di..A , o ^f F NORTHEAST NUCLEAR ENERGY COMPANY )

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l (Millstone Nuclear Power Station, )

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CERTIFICATE OF SERVirR I

I htr.eby certify that copies of the "NRC STAFF'S RESPONSE TO CRC SUPPLEMENT TO INTERVENTION PETITION ADDRESSING STANDING"in the above-captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's intemal mail system, or by depcsit in the United States mail, first class, as indicated by an asterisk this 21st day of July,1998:

Thomas S. Moore, Chairman Dr. Richard F. Cole Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Charles N. Kelber Office of the Secretary .

Atomic Safety and Licensing Board Panel ATTN: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Adjudicatory File (2) Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 i Washington, DC 20555 j Lillian M. Cuoco, Esq.* Nancy Burton, Esq.*

Northeast Utilities Service Company 147 Cross Highway P.O. Box 270 Redding Ridge, CT 06876 Hartford, CT 06141 I

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• Office of Commission Appellate David A. Repka,Esq.*

Adjudication Winston & Strawn Mail Stop O-16G15 1400 L Street,N.W.

U.S. Nuclear Regulatory Commission Washington,DC 20005 Washington, DC 20555 a ,

Richard G.*Bachmann Counsel forNRC Staff i

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