ML20010C070

Response in Opposition to Carolina Environ Study Group Petition to Intervene.Intervenor Should Be Called on to Explain Dual Participation w/Charlotte-Mecklenburg Environ Coalition.Certificate of Svc Encl

ML20010C070
Person / Time
Site:	Catawba
Issue date:	08/14/1981
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8108190087
Download: ML20010C070 (5)

Text

s ej UNITED STATES OF AMERICA /f 4

NUCLEAR REGULATORY COMMISSION occem3 f t , ,;  ?>

BEFORE THE ATOMIC SAFETY AND LICENSING BO 1 4(jg 141981 -

( C1!!:t cf th A In the Matter of )

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I!b b4 kk 3 DUKE POWER COMPANY, et al. ) Docket No. 50-41 %

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(Catawba Nuclear Station,

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50-414 g

k Units 1 and 2) )

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'L-APPLICANTS' 1/ RESPONSE TO PETITION TO INTERVEN Y {1 OF CAROLINA ENVIRONMENTAL STUDY GROUP \g kl On June 25, 1981, a " Notice of Receipt of Applicati or E

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I Facility Operating License. . . " concerning the captioned pro W'O ceeding was published in the Federal Register. (46 Fed. Reg. 32974). In response to such Notice, Carolina Environmental Study Group ("CESG") filed a " Petition To Intervene" in the proceeding. 2/ Purcrant to 10 CFR 52.714(c) Applicants make the following response to CESG's Petition. .'

On May 26, 1978, the Nuclear Regul * %ry Commission amended its Rules of Practice to facilitate public participation in l_/ " Applicants" refers to Duke Power Company, North Carolina Municipal Power Agency Number 1, North Carolina Electric Membership Corporation and Saluda River Electric Coopera-tive, Inc.

-2/ CESG's Petition, though it is dated July 27, 1981, does not have a certificate of service as required by 10 CFR S2.701. Applicants were not served, have not as of this time received CESG's petition in the mails, and obtained 93 their copy from the NRC on August 6, 1981. CESG's repre- y sentative, Mr. Riley, is an experienced intervenor who has f participated in numerous NRC proceedings, and certainly //I is aware of the requirements for service. Applicants raise these points at this time not as an objection to CESG's petition, but to ask the Board to alert Mr. Riley that strict adherence to the Commission's rules will be required.

l 0108190087 B10814E PDR ADOCK 05000413' G. PDlt

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its license. application review and hearing process. 43 Fed.

Req. 17789'(April 26, 1978). With particular reference to the standard by which petitions to intervene would be judged, the Commission stated:

The petition shall set forth with particularity the interest of the petitioner in the proceeding, how that interest ma/ be affected by the results of the proceeding, ircluding the reasons why

, petitioner should bi permitted to intervene, with particular re.ference to the factors in paragraph (d) of this section, and the specific aspect or aspects of the subject matter of the proceeding as to which petitioner wishes to inter-vene. 10 CFR S2.714 (a) (2) .

In determining whether CESG has satisfied the intervention standard, Applicants have been guided by NRC case law, prin-cipally Virginia Electric and Power Company (North Anna Nuclear Jower Station, Units 1 & 2), ALAB-522, 9 NRC 54 (1979). Given the fact that the. Affidavit of Jesse L. Riley, President of CESG,.shows residency in Charlotte, 17 miles from Catawba, Appli-cants acknowledge that pursuant to North Anna, supra, CESG has satisfied the intervention standard as ccr emplated in 10 CFR S2.714. Applicants hasten to add that their position with regard to intervenor status should in no way be viewed as a concession with respect to the subject matter of such inter-vention. Rather, Applicants will await the filing of conten-tions 3/ and will respond in the appropriate fashion.

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Under the amended rules, petitions for intervention need not set forth contentions. Rather, the petitioner has until 15 days before the holding of the speci 1 or first prehearing conference in which to file his cor.tentions in the form of a supplement to the petitio's. 10 CFR S2.714(b),

Nuclear Engineering Company, Inc. (Sheffield, Illinois,

. Low-Level Radioactive Waste Disposal. Site), ALAB-473, 7 NRC 737, 743 n.5 (1978).

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. As a final matter' Applicants wish to point out to the Board that, in addition to the instant Petition, the Charlotte-Mecklenburg Environmental Coalition in its Petition to Inter-vene and Request for Hearing, contends that it represents the interests of CESG in this proceeding. Applicants maintain that CESG should be called upon to explain this dual particination role, and that absent a satisfactory explanation, it should not be permitted to participate both individually and as a member of the Coalition.

Respectfully submitted, Y/L J. Frichael VcGp(ry, III DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833 William L. Porter Albert V. Carr, Jr.

DUKE POWER COMPANY P.O. Box 33189 Charlotte, North Carolina 28242 Attorneys for Duke Power Company August 14, 1981 l __

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y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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DUKE POWER COMPANY, et al.

- ~ - ) Docket No. 50-413

) 50-414 (Catawba Nuclear Station' , )

Units 1 and 2) )

CERTIFICATE OF SERVI _CE I hereby certify that copies of " Applicants' Response to Charlotte-Mecklenburg Environmental Coalition Petition to Intervene and Request for Hearing," " Applicants

• Response in Opposition to Petition to Intervene of Safe Energy Alliance,"

and " Applicants' Response to Petition to Intervene of Carolina l

Environmental Study Group," dated August 14, 1981 in the cap -

tioned matters, have been served upon the following by depusit in the United States mail this 14th day of August, 1981.

James L. Kelley Chairman Chairman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Lucinda Low Swartz, Esq.

Dr. Dixon Callihan Counsel for NRC Staff Union Carbide Corporation U.S. Nuclear Regulatory P.O. Box Y Commission Oak Ridge, Tennessee 37830 Washington, D.C. 20555 Dr. Richard F. Foster William L. Porter, Esq.

P.O. Box 4263 Albert V. Carr, Jr., Esq.

Sunriver, Oregon 97701 Duke Power Company P.O. Box 33189 Chairman Charlotte, North Carolina 28242 Atomic Safety and Licensing Board Panel Richard P. Wilson, Esq.

U.S. Nuclear Regulatory Assistant Attorney General Commission State of South Carolina Washington, D.C. 20555 2600 Bull Street Columbia, South Carolina 29201

i, Robert Guild, Esq. Henry li. Presler Attorney at Law Chairman 314 Pall Mall Charlotte-Mecklenburg Columbia, South Carolina 29201 Environmental Coalition 942 Henley Place Palmetto Alliance Charlotte, North Carolina 28207 2135 1/2 Devine Street Columbia, South Carolina 29205 Donald R. Belk Representative Jesse L. Riley Safe Energy Alliance Carolina Environmental 2213 East Seventh Street Study Group Charlotte, North Carolina 28204 854 Henley Place Charlotte, North Carolina 28207 Chase R. Stephens Docketing and Service Section U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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gJ.~MichaelMcGarry,III F /

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