ML20041E587

Petition to Intervene in Proceeding.Notice of Appearance & Proof of Svc Encl

ML20041E587
Person / Time
Site:	Skagit
Issue date:	03/04/1982
From:	Cavanagh R National Resources Defense Council
To:	NRC COMMISSION (OCM)
References
NUDOCS 8203110118
Download: ML20041E587 (9)

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UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION b; ~

eMART 05Een.

In the Matter of C E44m PUGET SOUND POWER & LIGilT )  %

CO., et al. )

) Nos. STN 50-522, 50-523 (Skagit/llanford Nuclear )

Project, Units 1 and 2) ) (47 Fed. Reg. 5554 (1982))

)

PETITION OF TiiE NATURAL RESOURCES DEFENSE COUNCIL, INC.

FOR LEAVE TO INTERVENE INTRODUCTION

1. The Natural Resources Defense Council, Inc. (NRDC),

on behalf of itself and its approximately 1300 individual members residing in the states of Washington, Oregon, Idaho, and Montana, hereby petitions the Nuclear Regulatory Commission (NRC) for leave to intervene in proceedings for the issuance of construction permits in the above-captioned matter, pursuant to Section 2.714 of the NRC's Rules of Practice and Procedure, 10 C.F.R. S 2.714, and the Commission's Notice of February 5, 1982 (47 Ped. Reg. 5554).

2. NRDC is a nonprofit environmental organization incorporated under the laws of New York. For reasons more fully set out below, NRDC is entitled to intervene to assert the interests of itself and its members in the NRC's decision whether construction permits for the Skagit/lianford Nuclear Project should be issued, denied, or appropriately conditioned to protect environmental values.

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, a N'ATURE OF PETITIONER'S RIGHT TO BE MADE A PARTY ,

3. Section 189 (a) of the Atomic Energy Act, 42 UfS.C.

5 2239(a) , requires that the Commission admit as a party'"any person whose interest may be affected by the proceeding." NRDC requests leave to intervene in order to protect its own interests as an organization and the interests of its members.

These interests, and their relationship to this proceeding, are enumerated in items 4-9 below.

PETITIONER'S INTEREST IN THE PROCEEDING

4. NRDC has a nati n. 9 wide membersnip composed of scientists, lawyers, educators, and other citizens dedicated to the defense and preservation of the human environment and the natural resources of the United States. Approximately 1500 of NRDC's' members reside in Oregon, Washington, Idano, and Montana.

, 5. NRDC has maintained a Northwest Energy Project since 1974, with the goal of preventing unnecessary construction of coal and nuclear power plants by promoting the development of cost-effective, environmentally preferable alternatives.

6. NRDC seeks leave to intervene on its own behalf and on behalf ~of i s members who reside in the Pacific Northwest.

NRDC's members live, work, consume electricity, and enjoy recreational activities in areas that will be airectly and i indirectly affected by the construction of Skagit/Hanford Units 1 ana 2. To name.only a few such eftects, members will be harmed by 1

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increased regional electricity costs and a diversion of billions of dollars of capital to the Skagit/

Hanford project that could otherwise be invested, by utilities serving NRDC members, in less environmentally destructive conservation measures and generating resources;

-- increased fish mortality and decreased recreational safety on the Columbia River due to expanded use of hydro generators for peaking power following construc-tion of the Skagit/Hanford Units; thermal and chemica2 pollution of the Columbia River by the Skagit/Hanford Units; risks of catastrophic accidents during plant operation and disposal of radioactive wastes generated by the l facilities.

POSSIBLE EFFECT OF ORDER ON PETITIONER'S INTEREST

7. A decision by the NRC to grant construction permits for Skagit/Hanford Units 1 and 2 would materially increase the likelihood that the plants ultimately would be built and j operated, resulting in the adverse effects on interests of NRDC l

l and its members that are enumerated in item 6 above.

8. Such a decision by the NRC also would materially j increase the likelihood that the costs of Skagit/Hanford Units l

l 1 and 2 would be assumed by the Bonneville Power Administration pursuant to section 6 (c) of the Pacific Northwest Electric L -,. _a

Power Planning and Conservation Act, Pub. L. No.96-501. Thus, all NRDC members whose utilities purchase electricity from the Bonneville Power Administration now and in the future have an economic interest in the decision whether to grant construction permits for Skagit/Hanford Units 1 and 2. Those members also share an interest in preventing diversion of BPA funds to Skagit/Hanford that might otherwise have been used to help their utilities develop economically and environmentally preferable ways to meet consumers' electrical energy needs.

9. For the reasons enumerated in items 6-8 above, the following individual NRDC members residing in Washington and Oregon have specifically authorized NRDC to intervene on their behalf and request a hearing on the issuance of construction permits for the Skagit/Hanford Nuclear Project:

Thomas Brucker (ratepayer of Puget Sound Power & Light) 9111 Southeast 44th Street Mercer Island WA 98040 Don Waggoner (ratepayer of Portland General Electric) 2715 S.W. Glen Eagles Road Lake Oswego OR 97034 Peter Willing (ratepayer of Seattle City Light) 3843 26th Avenue W.

Seattle WA 98199 Georgia Yuan (ratepayer of Washington Water Power)

S.E. 435 Gladstone Street Pullman WA 99163

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l Authorization for NRDC intervention also has been obtained from the Legal Committee of the Board of Trustees of NRDC and the Senior Staff of NRDC.

SUBJECT-MATTER AS TO WHICH PETITIONER WISHES TO INTERVENE

9. The National Environmental Policy Act and the regulations of the Nuclear Regulatory Commission require that, prior to issuance of construction permits for the Skagit/

Hanford Units, the Commission must "conside[r] and balanc[e]

the environmental and other effects of the facility and the alternatives available for reducing or avoiding adverse environmental and other effects, as well as the environmental, economic, technicc1 cad other benefits of the facility." See 10 C.F.R. S 51.23 (c) ; 42 U.S.C. S 4332(2) (C) . The Commission must, in particular, address " conservation potential of various alternatives and mitigation measures." 40 C.F.R. S 1502.16 (e) ;

10 C.F.R. S 51.23(d).

10. NRDC will present evioence regarding the lack of need for the electrical energy generation anticipated from Skagit/Hanford Units 1 and 2. This presentation will include evidence on the availability of alternative, environmentally and economically preferable, measures for meeting the needs those plants are designed to serva.

11. To the extent that the applicant in this proceeoing contends that the Skagit/Hanford Nuclear Project is the most cost-effective and environmentally acceptable way to meet

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electrical energy needs in the Northwest region, NRDC will l .

cross-examine applicant's witnesses and present evidence to rebut applicant's contentions.

Dated this day of March, 1982.

! Respectfully submitted, Y'

! U RALPil CAVANAGli Attorney for Natural Resources Defense Council, Inc.

25 Kearny Street.

San Francisco CA 94108 t

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8 s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PUGET SOUND POWER & LIGIIT )

CO., et al.

Nos. STN 50-522, 50-523 (Skagit/Hanford Nuclear )

Project, Units 1 and 2 (47 Fed. Reg. 5554 (1982))

)

)

STATE OF CALIFORNIA )

I City and County of San Francisco)

AFFID'AVIT OF COUNSEL FOR PETITIONER, RALPH CAVANAGH I, Ralph Cavanagh, being first duly sworn, depose and say:

1. I am an attorney for petitioner, the Natural Resources Defense Council, Inc. (NRDC);

j 2. I am authorized to submit the attached Petition of the Natural Resources Defense Council, Inc. for Leave to Intervene;

3. I have read the attached Petition and I know its contents. To the best of my knowledge and belief, all state--

ments therein are true and correct.

1 Subscribed and sworn to before dS/

4 me this 4th day of March,1982 w j RALPliCAVANAGH,httorney NOTARY'PUBLIC, STATE OF Natural Resources Defense CALIFORNIA, COUNTY OF SAN Council, Inc.

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PUGET SOUND POWER & LIGIIT )

Co., et al. ) Nos. STN 50-522, 50-523

)

(Skagit/IIanford Nuclear ) (4 7 Fed . Reg . 5554 (1982)

Project, Units 1 and 2 )

)

PROOF OF SERVICE I hereby certify that I have this day served the i

" Petition of the Natural Resources Defense Council, Inc. for Leave to Intervene" in the above-referenced proceeding by mailing copies by first class mail addressed to the following:

Executive Legal Director U.S. Nuclear Regulatory Commission Washington. DC 20555 F. Theodore Thomsen Perkins, Cole, Stone, Olsen & Williams 1900 Washington Building Seattle WA 98101

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DatedatSanFranciscothishNs day of March, 1982.

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v ( g RALPfl CAVANAGil, Attorney l Natural Resources Defense Council, Inc.

25 Kearny Street San Francisco CA 94108

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PUGET SOUND POWER & LIGHT )

CO., et al. ) Nos. STN 50-522, 50-523

)

(Skagit/Hanford Nuclear ) (47 Fed. Reg. 5554 (1982))

Project, Units 1 and 2 )

)

NOTICE OF APPEARANCE i

i 1. Pursuant to 10 C.F.R. S 2.713(b), Ralph Cavanagh hereby files with the Nuclear Regulatory Commission this notice of his appearance as an attorney representing the Natural Resources Defense Council, Inc. (NRDC), 25 Kearny Street, San Francisco, California, 94108 (telephone 415/421-6561). The address and phone number of Ralph Cavanagh are-the same as those just listed for NRDC.

2. Ralph Cavanagh is a full-time employee of NRDC and is authorized to act on its behalf in a representative capacity. He has been admitted to practice before the highest l courts of California and the District of Columbia.

Dated this 9h day of March, 1982.

Respectfully submitted, Chu W RALPH CAVANAGH, Aktorney Natural Resources Defense Council, Inc.

25 Kearny Street San Francisco CA 94108

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