ML18026A051

Applicant'S Answer to Petition for Leave to Intervene and Request for Hearing Submitted by Susquehanna Environmental Advocates, Citizens Against Nuclear Dangers, and Colleen March and Elven Other Individuals

ML18026A051
Person / Time
Site:	Susquehanna
Issue date:	09/21/1978
From:	Silberg J Pennsylvania Power & Light Co, Shaw, Pittman, Potts & Trowbridge
To:
References
Download: ML18026A051 (12)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY CO I SSION In the Matter of f 2l W PENNSYLVANIA POWER & LIGHT COMPANY and Docket Noe. 80-'387 ALLEGHENY ELECTRIC COOPERATIVE, INC. 0-388 (Susquehanna Steam Electric Station, Units 1 and 2)

APPLICANTS'NSWER TO PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING SUBMITTED BY THE SUSQUEHANNA ENVIRONMENTAL ADVOCATES On August 9, 1978, the Nuclear Regulatory Commission ("NRC")

published in the Federal Register a "Notice of Receipt of Appli-cation for Facility Operating Licenses; Availability of Appli-cant's Environmental Report; and Consideration of Issuance of Facility Operating Licenses Opportunity for Hearing". 43 Fed. Reg. 35406. This Notice stated that the NRC, following completion of specified actions, will consider the issuance of operating licenses to Pennsylvania Power-6 Light Company and Allegheny Electric Coop-erative, Inc. (collectively "Applicants" ) for the Susquehanna Steam Electric Station, Units 1 and 2 ("SSES"). The Notice pro-vided that any person whose interest may be affected by the pro-ceeding may file, by September 8, 1978, a petition to intervene.

In a filing dated September 7, 1978, the Susquehanna Environ-mental Advocates ("SEA") requested a hearing and petitioned for leave to intervene.

The tests for petitions for leave to intervene are set forth in 10 CFR 52.714 and were described in the NRC's August. 9, 1978

Federal Register notice. The petition must set forth with par-ticularity the petitioner's interest in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect or aspects of the subject matter of the pro-ceeding as to which the petitioner wishes to intervene. The petition should also address the nature of the petitioner's right k

under the Atomic Energy Act to be made a party, the nature and extent of the petitioner's interest in'he proceeding, and the possible effect of any order which may be entered in the pro-ceeding on petitioner's interest. Under the recent revisions to 10 CFR 52.714, 43 Fed. Reg. 17801 (April 26, 1978), a petitioner has until 15 days prior to the first prehearing conference to sub-mit the contentions which he seeks to litigate.

SEA's petition would appear to satisfy these requirements.

Applicant would agree that SEA has adequately demonstrated its in this proceeding. 'nterest SEA's pleading also includes a Supplemental Petition for Attorneys Fees, Costs of Expert Witnesses and Miscellaneous Costs.

NRC has ruled against such direct financial assistance and that ruling mandates denial of SEA's request. See-'Nuclear Re ulator Commission (Financial Assistance to Participants in Commission Proceedings), CLZ-76-23, 4 NRC 494 (1976); Detroit Edison Co.

(Greenwood Energy Center, Units 2 and 3), ALAB-376, 5 NRC 426, 428 (1977).

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By .('Q,,QL<acw Jay/ E. S:ilberg ~<[

Counsel ivor Applicants -~

1800 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: September 21, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PENNSYLVANIA POWER 6 LIGHT COMPANY and Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVEI INC 50-388 (Susquehanna Steam Electric Station, Units 1 and 2)

I CERTIFICATE, OF SERIVCE This is to certify that copies of the foregoing "Applicants'nswer to Petition for Leave to Intervene and Request for Hearing Submitted by the Susquehanna Environmental Advocates" were served by deposit in the U. S. mail, first class, postage prepaid, this 21st day of September, 1978, to:

Secretary of the Commission U. S. Nuclear Regulatory. Commission-Nashington', D. C. 20555 James M. Cutchin, IV, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Comma.ssion Washington, D. C. 20555 Susquehanna Environmental Advocates c/o Gerald Schultz, Esquire 500 River Street Wilkes-Barre, Pennsylvania 18702 Dated: September 21, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PENNSYLVANIA POWER & LIGHT COMPANY and Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC. 50-388 (Susquehanna Steam Electric Station, Units 1 and 2)

APPLICANTS'NSWER TO PETITION FOR LEAVE TO INTERVENE SUBMITTED BY "CITIZENS AGAINST NUCLEAR DANGERS" On August 9, 1978, the Nuclear Regulatory Commission ("NRC")

published in the'Federal Register a "Notice of Receipt of Appli-cation for Facility Operating Licenses; Availability of Appli-cant's Environmental Report; and Consideration of Issuance of Facility Operating Licenses Opportunity for Hearing". 43 Fed. Reg. 35406. This Notice stated that the NRC, following completion of specified actions, will consider the issuance of operating licenses to Pennsylvania Power a Light Company and Allegheny Electric Coop-erative, Inc. (collectively "Applicants" ) for the Susquehanna Steam Electric Station, Units 1 and 2 ("SSES"). The Notice pro-vided that any person whose interest may be affected by %he pro-ceeding may file, by September 8, 1978, a petition to intervene.

In a mailgram dated September 7, 1978, Citizens Against Nuclear Dangers ("CAND") requested a hearing and petitioned for leave to intervene.

H The tests for petitions for leave to intervene are set forth in 10 CFR 52.714 and were described in the NRC's August 9, 1978

Federal Register notice. The petition must set forth with par-ticularity the petitioner's interest in the proceeding, how that interest may be affected by" the results of the proceeding, and the specific aspect or aspects of the subject matter of the pro-ceeding as to which the petitioner wishes to intervene. The petition should also address the nature of the petitioner's right under the Atomic Energy Act to be made a party, the nature and extent of the petitioner's interest in the proceeding, and the possible effect of any'rder which may be entered in the pro-ceeding on petitioner's interest. Under the recent revisions to 10 CFR 52.714, 43 Fed. Reg. 17801 (April 26, 1978), a petitioner has until 15 days prior to the first prehearing conference to sub-mit the contentions which he seeks to litigate.

CAND's petition would appear to satisfy these requirements at least -marginally. Applicant thus would agree that, CAND has adequately demonstrated its interest in this proceeding.

Respectfully submitted, l

SHAW I P TTMANI POTTS 6 TROWBRIDGE Jayj E> Silberg dounsel for Applicants 1800 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: September 21, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PENNSYLVANIA POWER & LIGHT COMPANY )

and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC. ) 50-388 (Susquehanna Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Applicants'nswer to Petition for Leave to Intervene Submitted by 'Citizens Against. Nuclear Dangers'" were served by deposit in the U. S.

mail, first class, postage prepaid, this 21st day of September, 1978, to:

Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 James M. Cutchin, IV, Esquire Office of the .Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mrs. Irene Lemanowicz, Chairman The Citizens Against Nuclear Dangers Post Office Box 377 R. D. 1:

Berwick, Pennsylvania 18603 Jay E Silberg wf I

Dated: September 21, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY CO ISSION In the Matter of gbm PENNSYLVANIA POWER & LIGHT COMPANY and Docket Nos. 50-38 ALLEGHENY ELECTRIC COOPERATIVES -388 Steam Electric Station, IN'Susquehanna Units 1 and 2)

APPLICANTS'NSWER TO "PETITION FOR LEAVE TO INTERVENE AND/OR REQUEST FOR HEARING" SUBMITTED BY COLLEEN'ARSH AND ELEVEN OTHER INDIVIDUALS On August. 9, 1978, the Nuclear Re'gulatory Commission ("NRC")

published in the Federal Register a "Notice of Receipt of Appli-cation for Facility Operating Licenses; Availability of Appli-cant's Environmental Report; and Consideration of Issuance of Facility Operating Licenses Opportunity for Hearing". 43 Fed. Reg. 35406. This Notice stated that the NRC, following completion of specified actions, will consider the issuance of operating licenses to Pennsylvania Power 6 Light Company and Allegheny Electric Coop-erative, Inc. (collectively "Applicants" ) for the Susquehanna Steam Electric Station, Units 1 and 2 ("SSES"). The Notice pro-vided that any person whose interest may be affected by the pro-ceeding may file, by September 8, 1978, a petition to intervene.

In a filing dated September 7, 1978, Colleen Marsh and eleven other individuals (" Petitioners" ) requested a hearing and petitioned for leave to intervene.

The tests for petitions for leave to intervene are set forth in 10 CFR 52.714 and were described in the NRC's August. 9, 1978

Federal Register notice. The petition must set forth with par-ticularity the petitioner's interest in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect or aspects of the subject matter of the pro-ceeding--'as to which the petitioner wishes to intervene. The petition should also address the nature of the petitioner's right under the Atomic Energy Act to be made a party, the nature and extent of the petitioner's interest in the proceeding, and the possible effect of any order which may be entered in the pro-ceeding on petitioner's interest. Under the recent revisions to 10 CFR 52.714, 43 Fed. Reg. 17801 (April 26, 1978), a petitioner has until 15 days prior to the first prehearing conference to sub-mit the contentions which he seeks to litigate.

Petitioners'ubmission would appear to satisfy these require-ments. Applicants would agree that Petitioners have adequately demonstrated their interest in .this".proceediag, To the extent that paragraphs 5.A-H of Petitioners'ubmission are intended as their contentions, Applicants reserve comment until the expiration of the period for filing of contentions (i.e: 15 days prior to the first prehearing conference).

Respectfully submitted, SHAN I PlTTMAN~ POTTS 6 TROWBRIDGE Jay< E;J Silberg Counsel for Applicants 1800 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: September 21, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PENNSYLVANIA POWER & LIGHT COMPANY )

and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE ~ INC ~ ) 50-388 (Susquehanna Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Applicants'nswer to 'Petition for Leave to Intervene and/or Request for Hearing'ubmitted by Colleen Marsh and Eleven Other Individuals" were served by deposit in the U. S. mail, first class, postage prepaid, this 21st day of September, 1978, to:

Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 James M. Cutchin, IV, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Ms. Colleen Marsh 558 A, R. D. g4 Mt. Top, Pennsylvania 18707 Ja E.'Sz.lberg Dated: September 21, 1978