ML20249B777

Order.* Refers to Sapl & New England Coalition on Nuclear Pollution 980618 & 19 Petitions.Requests That Petitioners File Affidavits W/Board by Amended Petition cut-off Date of 980713.W/Certificate of Svc.Served on 980623

ML20249B777
Person / Time
Site:	Seabrook
Issue date:	06/22/1998
From:	Cotter B Atomic Safety and Licensing Board Panel
To:	NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE
References
CON-#298-19239 98-746-05-LA, 98-746-5-LA, LA, NUDOCS 9806240189
Download: ML20249B777 (4)

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UNITED STATES OF AMERICA USNRC i

! NUCLEAR REGULATORY COMMISSION l

% JJN 23 A7 :19 ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges: OF R dh B. Paul Cotter, Jr., Chairman ADJUDi'.C. MAFF I Dr. Charles N. Kelber Dr. Linda W. Little SERVED GB 2 31998 in the Matter of Docket No. 50-443-LA NORTH ATLANTIC ENERGY ASLBP No. 98-746-05-LA SERVICE CORPORATION (Seabrook Station Unit No.1) June 22,1998 ORDER By letters of June 18 and June 19,1998 addressed to the Nuclear Regulatory Commission, Petitioners Seacoast Anti-Pollution League (SAPL) and New England Coalition on Nuclear Pollution (NECNP) advise that they will undertake to determine whether or not counsel for the NRC Staff and North Atlantic Energy Service Corporation (NAES) intend to contest Petitioners' standing to intervene in this proceeding. If Staff and NAES contest Petitioners' standing, Petitioners state that they will furnish a legal brief on this issue. Petitioners also have advised in their June 18,1998 supplemental and amended petition for intervention that, if necessary, both SAPL and NECNP are prepared to provide affidavits from members living within the ten mile zone of the reactor verifying their membership in these organization and their agreement to have these organizations represent them in this proceeding.

The Petitioners are, of course, free to determine whether Staff and NAES will contest their standing to intervene, although this information should be forthcoming in responses by Staff and NAES to SAPL's and NECNP intervention petitions. If Staff and NECNP oppose standing, then we will permit SAPL and NECNP to file an additional brief addressing the 9806240189 980622 PDR

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standing issue. However, unless good cause is shown, these additional filings should be made within the July 13,1998 time limit for amended petitions set out in our June 18,1998 Memorandum and Order.

Regardless of whether Staff and NAES oppose SAPL's and NECNP's standing, Petitioners should furnish the Board affidavits from at least one member from each organization, setting forth: (1) the member's agreement that SAPL or NECNP can represent their interests in this proceeding; (2) the address of these members; (3) the one way distance in miles between these members' residences and the Seabrook nuclear facility; and (4) a description of any activities and distances from the facility that these members may engage in at distances closer to the Seabrook facility than their residence. Sgg, Houston Liahtina and l Power Co.. (Allens Creek Nuclear Generating Station, Unit 1), ALAB-535,9 NRC 377, 389-400 (1979); Northeast Nuclear Enerav Comoany (Millstone Nuclear Power Station, Unit 1),

l LBP-96-1,43 NRC 19,23 (1996). In requiring these affidavits to be filed, we note that standing is not a mere technicality that can be agreed upon by the parties. Rather, it is an essential element in determining whether there is any legitimate role for an agency adjudicatory body in dealing with a particular grievance. Westinghouse Electric Corporation (Nuclear Fuel Export License for Czech Republic -Temelin Nuclear Power Plants), CLI-94-7,39 NRC 322,331-332 (1994). To be filed in a timely manner, these affidavits should be furnished to the Board by the amended petition cut-off date of July 13,1998.

3 It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD 4/

Ef. Pauf Cotter, Jr.

Administrative Judge [/

Rockville, Maryland June 22,1998 L

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[ UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of NORTH ATLANTIC ENERGY SERVICE Docket No.(s) 50-443-LA CORPORATION (Seabrook Station, Unit No. 1) l l

l CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB ORDER RE PET. STANDING have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

Administrative Judge Office of Commission Appellate B. Paul cotter, Jr., Chairman Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Charles N. Kelber Administrative Judge Atomic Safety and Licensing Board Panel Linda W. Little Mail.Stop.- T-3 F23 _

ASLBP U.S. Nuclear Regulatory Commission 5000 Hermitage Drive Washington, DC 20555 Raleigh, NC 27612 Steven R. Hom, Esq. Robert A. Backus, Esq.

Office of the General Counsel Backus, Meyer, Solomon, Rood & Branch Nail Stop 15 B18 P.O. Box 516 U.S. Nuclear Regulatory Commission Manchester, NH 03105 Washington, DC 20555 Lillian M. Cuoco, Esq.

Senior Nuclear Counsel Northeast Utilities Service Company P.O.~ Box 270 Hartford, CT 06141 Dated at Rockville, Md. this 23 day of June 1998 Office of the Secretary of the 40mmission