ML20005C075

Amended Motion to Participate as Interested State Agency of State of Nm.Public Interest of State of Nm Behooves Atty General Participation

ML20005C075
Person / Time
Site:	Palo Verde
Issue date:	11/09/1981
From:	Greenfield R NEW MEXICO, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20005C019	List: ML20005C018 ML20005C075
References
NUDOCS 8111180358
Download: ML20005C075 (4)

Text

{{#Wiki_filter:, 2 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of. .. Docket Nos. Arizona Public Service Company, et. al . , (the Palo Verde Nuclear STN 50-528/ Generating Station, -529/530 Units 1, 2 and 3) THE ATTORNEY GENERAL OF THE STATE OF NEW MEXIC0'S AMENDED MOTION TO PARTICIPATE AS AN INTERESTED STATE AGENCY OF THE STATE OF NEW MEXIC0 Jeff Bingaman, Attorney General of the State of New Mexico, moves the Presiding Officer to' afford said Attorney General a re-sonable opportunity to participate as an Interested State Agency in this proceeding pursuant to 10 CFR Section 2.715 (c) and, as grounds therefore, states:

1. He is the duly elected and qualified Attorney General of the State of New Mexico.

2. The Attorney General is required to appear before regulatory agencies to represent and be heard on behalf of the State, when in his judgment, the public interest of the State re-quires such action, pursuart to Section 8-5-2 (3) NMSA 1978.

8111180358 811109 '

     -{DRADOCK05000                   Exhibit "A" t

• 4 L

3. The public interest of the State of New Mexico requires the participation of the Attorney General in this proceeding.

4. The States of New Mexico and Arizona share a common border and have a common transportation network of highways and railroads.

5. Fuel assemblies and/or spent fuel assemblies and other radioactive materials associated with the Palo Verde Nuclear Genera-ting Station (PVNGS) may be transported through, stored in, dispose'd of in or reprocessed in the State of New Mexico.

6. The operation of PVNGS may result in radiological health effects in New Mexico as the result of air-borne contamination be-cause: (1) New Mexico is within the 500 mile radius for such effects established by the Report to the American Physical Society by the Study Group on Light-Water Reactor Safety (Supp. Number 1, Vol. 47, Reviews of Modern Physics, Summer 1975) and (2) The prevailing winds are from West to East, Arizona into New Mexico.

7. The public health and safety of the people of the State of New Mexico and the environment of the State of New Mexico may be affected by the operation of PVNGS.

8. Public Service Company of New Mexico (PNM) and the El Paso Electric Company (EPEC) have interests in the Palo Verde Nuclear Generating Station.

9. PNM and EPEC also provic~e electric service to the people of the State of New Mexico.

r , 6 1

10. The Office of the Attorney General has familiarity with and expertise concerning the finances of PNM and EPEC which will be of assistance to the Board in making its decision.

11. 10 CFR Section 2.715 is mandatory and sets no time limit by which the Presiding Officer will afford a reasonable opportunity to participate to an interested state agency.

12. The Attorney General agrees to take the proceedings as they stand and to be bound by all prior stipulations and ordcrs of the Board.

13. The Attorney General wishes to participate in the litiga-tion of Contentions 5 and 7 as presently framed.

WHEREFORE, the Attorney General of the State of New Mexico moves:

1. The Presiding Officer allow said Attorney General a reason-able opportunity to participate in this proceeding, including ser-vice of pleadings on the Attorney General of the State of New Mexico as if the Attorney General was a full party to these proceedings; and I

l l

       -                                                                         1 s

e

2) for such other and further relief as the Presiding Officer deems proper.

Respectfully submitted,

                                         . JEFF BINGAMAN Attorney General of the State of New Mexico By        db-bu RAND L. GREENFIELD      g Assistant Attorney Genetal P.O. Drawer 1508 Santa Fe, New Mey.ico 87504-1508 Telephone: (505) 982-6097 Service may be made on Rand L. Greenfield at the above ad-dress.

I hereby certify that a true copy of the Attorney General's Amended Motion To Participate as an In-terested State Agency of the State of New Mexico was mailed to all counsel of record on this day of November, 1981. Rand L. Greenfield}}