ML20237B864
| ML20237B864 | |
| Person / Time | |
|---|---|
| Site: | Calvert Cliffs  |
| Issue date: | 08/07/1998 |
| From: | Kohn M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA, NATIONAL WHISTLEBLOWER CENTER |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20237B852 | List: |
| References | |
| LR, NUDOCS 9808200030 | |
| Download: ML20237B864 (5) | |
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DOC E ED i
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BEFORE THE f
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIOg e.c 10 90 5 j
ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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BALTIMORE GAS
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Docket Nos. 50-317 and 50-318 7
& ELECTRIC CO.,
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3 (Calvert Cliffs Unit I and
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Unit 2)
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PETITION TO INTERVENE AND REQUEST FOR IIEARING OF THE NATION AL WHISTLEWBLOWER CENTER Pursuant to the notice published in the Federal Register on July 8,1998 (Vol. 63, No.
130)(pages 36966-67),10 C.F.R. 2.714 and the relevant provisions of the Atomic Energ l
and Energy Reorganization Act, the Administrative Procedure Act and the Constituti United States of America. petitioner National Whistleblower Center hereby requests leave to intervene in the above-captioned proceeding. Specifically, petitioner seeks leave to intervene proceedings regarding Baltimore Gas & Electric's application to renew the ope the Calvert Cliffs Units 1 and 2 for 20 years.1 Petitioner asserts that the facility cannot safely operate past the original specified l and poses an unacceptable health and safety risk to the public.
This petition seeks leave to intervene in all proceedings directly or indirectly l
V related to BG&E's application to renew its operating licenses for Calvert Cliffs Nuclear
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Plant Units 1 and 2, operating licenses Nos, DPR-53 and DPR.69 and all proceedi
. BG&E's application to renew said licenses filed with the NRC on April 8,1998 a l
in 63 Federal Register No.130, pp. 36966-67 (July 8,1998).
i 9908200030 980819 DR ADOCK 05000317 g
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I. Petitioner has Standing to Intervene Pursuant to Q189(a) of the Atomic Energy Act ("AEA"),42 U.S.C. 2239(a)(1), and 10 i
C.F.R. Q 2.714(a), petitioner has standing to intervene. The National Whistleblower Center has standing to intervene as an organization through the standing of an employee-officer and a member of the Board of Directors-officer. It is enough for standing purposes that the petition is filed on behalf of a ranking official of the organization who himself or herself has the requisite personal interest to support an intervention petitiori. Georgia Institute of Technology (G Tech Research Reactor, Atlanta, Georgia), LBP-95-6,41 NRC 281 (1995); Duke Power Co.
-(Oconee-McGuire), ALAB-528,9 NRC 146, 151 (1979).
The petitioner can demonstrate that Rev. L. William Yolton is a member of the Bo Directors and a corporate officer (Treasurer) of the National Whistleblower Center. Rev. Yolto owns propeny and resides within fifty miles of the Calvert Cliffs nuclear units.I The hea safety, property rights and personal finances of Rev. Yolton could be affected by the N granting BG&E's application for license renewal of 20 years if the plant cannot be saf l
operated for the full 20 year term of the renewal. Rev. Yolton lives, works, recre i
in the environs of Calvert Cliffs Units 1 and 2. He eats food produced in an area that woul adversely affected by normal and accidental releases of radioactive materials from Geographic proximity to a petitioner's residence is sufficient in and ofitself to U
satisfy the interest requirements of 10 C.F.R. Q2.714. Virginia Electric Power Co.
Distances up to 50 Nuclear Power Station, Units 1 & 2), ALAB-522,9 NRC 54,56 (1979).
miles from a nuclear plant are sufficient to place petitioner within the geographical zo interest. Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 & 2), ASLB
- 1418,1421 n.4 (1977).
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of Calvert Cliffs. Rev. Yolton has authorized the National Whistleblower Center to repr 4
interests regarding the issues in this licensing proceeding. See attached affidavit of R The petitioner can also demonstrate that Ms. M. Joyce Claro, is an employee and corporate officer of the National Whistleblower Center. Ms. Claro owns property within 50 miles of Calvert Cliffs. The health, safety, property rights and personal finance Ms. Claro and her family could be affected by the NRC granting BG&E's application for renewal of 20 years if the plant cannot be safely operated for the full 20 year term Ms. Claro and her family live, work, recreate and travel in the environs of Calvert Cli and 2. They eat food produced in an area that would be adversely affected by norm accidental releases of radioactive materials from the operation of Calvert Cliffs. Ms. Cla authorizes the National Whistleblower Center to represent her interests regarding th this licensing proceeding. See attached affidavit of Ms. Claro.
Finally, Petitioner reserves its " unlimited right to amend" this petition and se l
additional grounds for standing"until 15 days prior to the fir.9 prehearing conferen In addition, should the National Power Company, LBP-90-29,32 NRC 89,93 (1990).
l Whistleblower Center be denied standing for any reason, Rev. Yolton and Ms. Cla
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request that they be permitted to proceed as interveners in this proceeding l
i capacities.
II. Petitioners are Entitled to a Hearing Pursuant to 42 U.S.C. { 2239 (a)(1), the Commission is required to " grant a h request of any person whose interest may be affected by the proceeding."
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' Petitioner reserves its " unlimited right to amend" this petition and set forth additional grounds for standing "until 15 days prior to the first prehearing conference." Georgia Company, LBP-90-29,32 NRC 89,93 (1990).
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Contentions Petitioner contend that a genuine dispute exists as to whether Calvert Cliffs Units I and I
can safely operate past the original specified lifetime. Petitioner further contends t BG&E's operating license for a period of 20 years poses an unacceptable health an l
to' the public.
Petitioners will submit contentions and their factual basis upon receipt of a pre-heari conference notice, or as otherwise directed by an Atomic Safety and Licensing Board l
Georgia Institute of Technologr (Georgia Tech Research Reactor, Atlanta, Geo Petitioner reserves its " unlimited right to amend" this petition and set 42 NRC 111,118 (1995).
forth additional contentions "until 15 days prior to the first prehearing conference." Ge Power Company, LBP-90-29,32 NRC 89,93 (1990).
IV Relief Requested WHEREFORE, petitioner requests that a hearing be convened to determine whet
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Cliffs Units I and 2 requested renewal term of 20 years, that o
. BG&E.can safely operate Calvert i
they be granted the full right to intervene in this p oceeding, and that BG&
I not be renewed until time as it is determined that Calvert Cliffs Units I and 2 ca operated safely and within the bounds oflaw for the requested renewal term.
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Petitioner reserves its " unlimited right to amend" this petition "until 15 days prior to th first prehearing conference. Georgia Power Company, LBP-90-29,32 NRC 89,93 (19 Respectfully itte,
i l Michael d. Kohn Stephen M. Kohn David K. Colapinto National Whistleblower Legal Defense and Education Fund l
3233 P Street, N.W.
Washington, D.C. 20007
'(202) 342-2177 Attomeys for Petitioner National Whistleblower Center CERTIFICATE OF SERVICE The original of this petition was delivered, by hand, to the NRC's Public Docum Room on August 7,1998 and was further served on that date to the following Class Mail:
I General Counsel NRC Washington, D.C. 20555-0001 y, s..
i R.F. Fleishman g5, General Counsel g
Baltimore Gas and Elecrtic Company
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POB 1475 B
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J Stephen M. Kohn E
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