ML20204D136

Suppl Notice of Hearing & Notice of Opportunity to Intervene Re Environ Issues in Hearing on Applications for Cp.Those Seeking to Intervene Must File Petition for Leave to Intervene by 790108 Per 10CFR2.714

ML20204D136
Person / Time
Site:	Palo Verde
Issue date:	12/04/1978
From:	Lazo R Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 7812110280
Download: ML20204D136 (5)

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UNITED STATES OF AMERICA DEC IB NUCLEAR REGULATORY COMMISSION D 5 IS2B > -

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4 ARIZONA PUBLIC SERVICE COMPANY, ~et al.

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) Docket Nos. os 50-592

) STN 50-593 (Palo Verde Nuclear Generating Station, )

Units 4 and 5) )

SUPPLEMENTAL NOTICE OF HEARING AND NOTICE OF OPPORTUNITY TO INTERVENE WITH REGARD TO ENVIRONMENTAL ISSUES IN HEARING ON APPLICATION FOR CONSTRUCTION PERMITS On May 8,1978, the Nuclear Regulatory Commission published in the Federal Register a notice of a hearing to be held to consider the appli-cation for construction permits filed by Arizona Public Service Company-on behalf of itself and ten joint applicants-Southern California Edison Company, El Paso Electric Company, San Diego Gas and Electric Company, Nevada Power Company, Department of Water and P'ower of the City of Los Angeles, City of Anaheim, California, City of Burbank, California, City of Glendale, California, City of Pasadena, California, City of Riverside, California (43 FR 19727). These permits would authorize construction of two pressurized water nuclear reactors designated as the Palo Verde Nuclear Generating Station, Units 4 and 5 (the facilities), each of which will be designed for operation at a core power level of 3,800 thermal megawatts, with a net electrical output of approximately 1,307 megawatts. The proposed facilities are to be located in Maricopa County, Arizona, about 36 miles west of Phoenix.

That notice, among other things, provided an opportunity to inter-vene to any person whose interest may be affected by the proceeding, who wishes to participate as a party in the proceeding. However, because I

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2 at the time of that notice the Environmental Report required by 10 CFR 5 50.30(f) of the Commission's regulations had not been filed, petitioners for leave to intervene were not required to raise environmental issues by the deadline established in the notice. Furthermore, the notice stated that after the Environmental Re. port was filed the Board would publish a notice of opportunity to intervene in the proceeding with regard to issues raised by the Environmental Report.

Therefore, by January 8,1979, any person whose interest may be affected by the proceeding and who. desires to participate as a party must file a written petition for leave to intervene in accordance with the provisions of 10 CFR S 2.714. Any such petition for leave to intervene shall be limited to environmental issues and shall set forth with partic-ularity the interest of the petitioner in the proceeding, and how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be per- -

mitted with particular reference to the following factors: (1) the nature of the petitioner's right under the Act to be made a party to the proceed-ing; (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.

The petition should also identify the specific environmental aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene. Any person who has filed a petition for leave to intervene may amend a petition, but such an amended petition must satisfy the

3 specificity requirements described above. A petition that sets forth contentions relating only to matters outside the jurisdiction of the Commission will be denied.

Not later than fifteen (15) days prior to .he first prehearing conference scheduled in the proceeding, the petitioner shall file a supplement to the petition to intervene which must include a list of the environmental contentions which are sought to be litigated in the I

proceeding, and the bases for each contention set forth with reasonable specifici ty. A petitioner who fai.ls to file such a supplement which satisfies these requirements with respect to at least one contention on environmental issues will not be permitted to participate as a party.

l Persons permitted to intervene on environmental issues become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to present evidence and cross-

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examine witnesses.

l Nontimely filings will not be entertained absent a determination by the Atomic Safety and Licensing Board that the petitioner has made a substantial showing of good cause for the granting of a late petition.

That determination will be based upon a balancing of the factors speci-fied in 10 CFR 55 2.714(a)(1)(i) - (v) and 2.714(d).

A petition for leave to intervene on environmental issues shall be filed with the Secretary of the Commission, United States Nuclear Regu-latory Commission, Washington, D.C. 20555, Attention: Docketing and Service Section, or may be delivered to the Commission's Public Document

4 Room, 1717 H Street, N.W., Washington, D.C. 20555. A' copy of the peti-tion should also be sent to the Executive Legal Director, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, and to Arthur C. Gehr, Esq., Snell & Wilmer, 3100 Valley Center, Phoenix, Arizona 85073, attor-ney for the applicant. Pending further order of the Board, parties are requiad to file, pursuant to the provisions of 10 CFR S 2.708, an orig-inal.and twenty (20) conformed copies of each such paper with the Commis-sion. Any questions or requests for additional .information regarding the content of this notice should be addressed to the Chief Hearing Coun-sel, Office of the Executive Legal Director, U.S.' Nuclear Regulatory Com-mission, Washington, D.C. 20555.

For further details, see the application for construction permits dated March 1,1978, including site suitability information, and the applicants' environmental report dated October 10, 1978, which, along with any amendments or supplements thereto, ar6 or will be available for public inspection at the Comission's Public Document Room,1717 H Street, N.W. , Washington, D.C. 20555., between the hours of 8:30 a.m. and 5:00 p.m.

on weekdays. Copies of these documents will also be available at the Phoenix Public L.ibrary, Science and Industry Section, 12 East McDowell Road, Phoenix, Arizona 85004,for inspection by members of the public l between the hours of 10:00 a.m. and 9:00 p.m. Monday through. Thursday, 10:00 a.m. and 6:00 p.m. Friday, 9:00 a.m. and 6:00 p.m. Saturday, and 2:00 p.m. and 6:00 p.m. on Sunday. As they become available, a copy of the safety evaluction report by the Commission's staff, the draft and i

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final environmental statements, the report of the Advisory Committee on Reactor Safeguards (ACRS), the proposed construction permits, the tran-scripts of the prehearing conferences and of the hearing, and other relevant documents, will also be available at the above locations.

Copies of the proposed construction permits and the ACRS report may be obtained, when available, by request to the Directorg Division of Project Management, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555.

Copies of the Commission's staff safety evaluation report and final environmental statement, when available, may be purchased at current rates, from the National Technical Information Service, Department of Commerce, 5285 port Royal Road, Springfield, Virginia 22161.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Y 0/2W RobertM.Lazo,Chatryn-Dated at Bethesda, Maryland, this 4th day of December,1978.

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