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Category:INTERVENTION PETITIONS
MONTHYEARML20195J5581999-06-16016 June 1999 Answer of Duquesne Light Co to Petition to Intervene of Local 29,International Brotherhood of Electrical Workers. Commission Requested to Deny Local 29 Petition to Intervene. with Certificate of Svc ML20195H5141999-06-16016 June 1999 Answer of Firstenergy Nuclear Operating Co & Pennsylvania Power Co in Opposition to Petition for Leave to Intervene of Local 29,Intl Brotherhood of Electrical Workers.* Requests That Commission Deny Petition.With Certificate of Svc ML20195H3881999-06-0303 June 1999 Petition to Intervene of Local 29,Intl Brotherhood of Electrical Workers in Matter of Firstenergy Nuclear Operating Co,Pennsylvania Power Co & Duquense Light Co.With Certificate of Svc ML20078C8481983-09-26026 September 1983 Response Opposing Admission of Environ Coalition on Nuclear Power (ECNP) Contentions & ECNP as Party Intervenor. Contentions Vague,Amorphous,Lack Basis & Specificity or Are Impermissible Rule Challenges.Certificate of Svc Encl ML20078C8641983-09-26026 September 1983 Response Opposing Admission of Ohio Citizens for Responsible Energy (Ocre) Contentions & Ocre as Party Intervenor.Ocre Fails to Meet Tests to Waive Need for Power Rule.No Basis Shown for Floodplain Mgt Contention.W/Certificate of Svc ML20078A3041983-09-21021 September 1983 Response Opposing Gs White 830901 Suppl to Petition to Intervene,Proposing Contentions.No Litigable Issue Raised. Certificate of Svc Encl ML20077M3081983-09-0606 September 1983 Suppl to 830630 Request for OL Hearing & Petition to Intervene.Contentions Propounded.Certificate of Svc Encl ML20077M2771983-09-0606 September 1983 Amended Petition to Intervene to Include Identification of Ohio Citizens for Responsible Energy Member Having Standing & Authorizing Interests to Be Represented.Contentions Listed.Certificate of Svc Encl ML20077J5331983-08-12012 August 1983 Answer Opposing Wa Lochstet 830731 Petition to Intervene & Request for Hearing.Petition Untimely & Fails to Establish Legally Sufficient Justification for Intervention. Certificate of Svc Encl ML20076L7121983-07-15015 July 1983 Answer to Gs White 830627 Petition to Intervene.White Set Forth Adequate Interest.Judgment Reserved on Whether Intervention Should Be Granted Pending Filing of Petition Suppl.Certificate of Svc Encl ML20072P0601983-07-14014 July 1983 Answer Opposing Environ Coalition on Nuclear Power 830630 Request for Hearing & Petition to Intervene.Requisite Showing of Interest Not Met.Petitioner Fails to Identify Nature of Member Interests.Certificate of Svc Encl ML20072N5191983-07-13013 July 1983 Answer Opposing Ohio Citizens for Responsible Energy 830701 Petition to Intervene & Request for Hearing.Petition Fails to Meet Requirements Since No Individual W/Requisite Standing Identified.Certificate of Svc Encl ML20072N5021983-07-13013 July 1983 Response Opposing Rf Walker 830630 Request to Intervene. Granting of Intervenor Status Unmerited.Certificate of Svc Encl ML20072N3331983-07-0303 July 1983 Responds to Commonwealth of PA 830701 Petition for Leave to Participate as Interested State.Util Does Not Object to Commonwealth Participation If Hearing Held.Certificate of Svc Encl ML20076J9881983-07-0101 July 1983 Petition of Ohio Citizens for Responsible Energy for Leave to Intervene & Request for Hearing.Certificate of Svc Encl ML20072K7321983-07-0101 July 1983 Petition for Leave to Participate as Interested State. Notices of Appearance & Certificate of Svc Encl ML20076J9951983-06-30030 June 1983 Petition of Rf Walker for Leave to Intervene ML20024B0861983-06-30030 June 1983 Petition of Environ Coalition on Nuclear Power for Leave to Intervene & Request for Hearing.Certificate of Svc Encl ML20024B0671983-06-27027 June 1983 Petition of Gs White for Leave to Intervene in OL Hearings 1999-06-03
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20195J5581999-06-16016 June 1999 Answer of Duquesne Light Co to Petition to Intervene of Local 29,International Brotherhood of Electrical Workers. Commission Requested to Deny Local 29 Petition to Intervene. with Certificate of Svc ML20195H5141999-06-16016 June 1999 Answer of Firstenergy Nuclear Operating Co & Pennsylvania Power Co in Opposition to Petition for Leave to Intervene of Local 29,Intl Brotherhood of Electrical Workers.* Requests That Commission Deny Petition.With Certificate of Svc ML20195H3881999-06-0303 June 1999 Petition to Intervene of Local 29,Intl Brotherhood of Electrical Workers in Matter of Firstenergy Nuclear Operating Co,Pennsylvania Power Co & Duquense Light Co.With Certificate of Svc ML20078C8481983-09-26026 September 1983 Response Opposing Admission of Environ Coalition on Nuclear Power (ECNP) Contentions & ECNP as Party Intervenor. Contentions Vague,Amorphous,Lack Basis & Specificity or Are Impermissible Rule Challenges.Certificate of Svc Encl ML20078C8641983-09-26026 September 1983 Response Opposing Admission of Ohio Citizens for Responsible Energy (Ocre) Contentions & Ocre as Party Intervenor.Ocre Fails to Meet Tests to Waive Need for Power Rule.No Basis Shown for Floodplain Mgt Contention.W/Certificate of Svc ML20078A3041983-09-21021 September 1983 Response Opposing Gs White 830901 Suppl to Petition to Intervene,Proposing Contentions.No Litigable Issue Raised. Certificate of Svc Encl ML20077M3081983-09-0606 September 1983 Suppl to 830630 Request for OL Hearing & Petition to Intervene.Contentions Propounded.Certificate of Svc Encl ML20077M2771983-09-0606 September 1983 Amended Petition to Intervene to Include Identification of Ohio Citizens for Responsible Energy Member Having Standing & Authorizing Interests to Be Represented.Contentions Listed.Certificate of Svc Encl ML20077J5331983-08-12012 August 1983 Answer Opposing Wa Lochstet 830731 Petition to Intervene & Request for Hearing.Petition Untimely & Fails to Establish Legally Sufficient Justification for Intervention. Certificate of Svc Encl ML20076L7121983-07-15015 July 1983 Answer to Gs White 830627 Petition to Intervene.White Set Forth Adequate Interest.Judgment Reserved on Whether Intervention Should Be Granted Pending Filing of Petition Suppl.Certificate of Svc Encl ML20072P0601983-07-14014 July 1983 Answer Opposing Environ Coalition on Nuclear Power 830630 Request for Hearing & Petition to Intervene.Requisite Showing of Interest Not Met.Petitioner Fails to Identify Nature of Member Interests.Certificate of Svc Encl ML20072N5191983-07-13013 July 1983 Answer Opposing Ohio Citizens for Responsible Energy 830701 Petition to Intervene & Request for Hearing.Petition Fails to Meet Requirements Since No Individual W/Requisite Standing Identified.Certificate of Svc Encl ML20072N5021983-07-13013 July 1983 Response Opposing Rf Walker 830630 Request to Intervene. Granting of Intervenor Status Unmerited.Certificate of Svc Encl ML20072N3331983-07-0303 July 1983 Responds to Commonwealth of PA 830701 Petition for Leave to Participate as Interested State.Util Does Not Object to Commonwealth Participation If Hearing Held.Certificate of Svc Encl ML20076J9881983-07-0101 July 1983 Petition of Ohio Citizens for Responsible Energy for Leave to Intervene & Request for Hearing.Certificate of Svc Encl ML20072K7321983-07-0101 July 1983 Petition for Leave to Participate as Interested State. Notices of Appearance & Certificate of Svc Encl ML20076J9951983-06-30030 June 1983 Petition of Rf Walker for Leave to Intervene ML20024B0861983-06-30030 June 1983 Petition of Environ Coalition on Nuclear Power for Leave to Intervene & Request for Hearing.Certificate of Svc Encl ML20024B0671983-06-27027 June 1983 Petition of Gs White for Leave to Intervene in OL Hearings 1999-06-03
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212M2711999-09-30030 September 1999 Order Approving Transfer of Licenses DPR-66 & NPF-73 from Dlc to Pennsylvania Power Co & Approving Conforming Amends ML20212E5361999-09-24024 September 1999 Memorandum & Order.* Grants Local 29 Waiver of Time Limits for Filing Comments,In View of Claim of Newly Available Info & Refers Comments Re Firstenergy Ability to Run Beaver Valley NPP Safely.With Certificate of Svc.Served on 990924 ML20212G0661999-09-23023 September 1999 Answer of Duquesne Light Co Opposing Petition to Waive Time Limits & Suppl Comments of Local 29 Intl Brotherhood of Electrical Workers.* Request That Commission Deny Request for Leave to File Untimely Comments.With Certificate of Svc ML20212C5611999-09-21021 September 1999 Answer of Firstenergy Nuclear Operating Co & PPC in Opposition to Petition to Waive Time Limits & Suppl Comments of Local 29 Intl Brotherhood of Electrical Workers.* with Certificate of Svc ML20212C5751999-09-20020 September 1999 Affidavit of Td Martin on Beaver Valley Staffing.* Affidavit of Td Martin Re Nuclear Staffing Analysis Update of Staffing Benchmarking Analysis Completed on 980227 for Beaver Valley Power Station ML20212B3361999-09-16016 September 1999 Petition to Waive Time Limits in 10CFR2.1305 & Supplemental Comments on Local 29,Intl Brotherhood of Electrical Workers.* Local 29 Does Not Believe FENOC Can Safely Operate Facility If Positions Eliminated.With Certificate of Svc L-99-122, Comment Supporting Draft RG DG-10736, Svc Level I,Ii & III Protective Coatings Applied to Npps1999-07-28028 July 1999 Comment Supporting Draft RG DG-10736, Svc Level I,Ii & III Protective Coatings Applied to Npps ML20210C6511999-07-23023 July 1999 Memorandum & Order.* Orders That Petition to Intervene Filed by Local 29,IBEW Denied.With Certificate of Svc.Served on 990723 L-99-106, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Standards1999-06-29029 June 1999 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Standards ML20196F1911999-06-23023 June 1999 Reply of Local 29,Intl Brotherhood of Electrical Workers.* Requests That Commission Deny Answers of Dl & Firstenergy Nuclear Operating Co & Grant Local 29 Petition to Intervene as of Right.With Certificate of Svc ML20195H5141999-06-16016 June 1999 Answer of Firstenergy Nuclear Operating Co & Pennsylvania Power Co in Opposition to Petition for Leave to Intervene of Local 29,Intl Brotherhood of Electrical Workers.* Requests That Commission Deny Petition.With Certificate of Svc ML20195J5581999-06-16016 June 1999 Answer of Duquesne Light Co to Petition to Intervene of Local 29,International Brotherhood of Electrical Workers. Commission Requested to Deny Local 29 Petition to Intervene. with Certificate of Svc ML20195H3881999-06-0303 June 1999 Petition to Intervene of Local 29,Intl Brotherhood of Electrical Workers in Matter of Firstenergy Nuclear Operating Co,Pennsylvania Power Co & Duquense Light Co.With Certificate of Svc L-98-067, Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds1998-04-0303 April 1998 Comment Opposing Proposed Rule 10CFR50 Re Industry Codes & Stds ML20198P9311997-11-0707 November 1997 Comments of American Municipal Power-Ohio,Inc.NRC Should Require Allegheny Power Sys,Inc to Affirm That Capco Antitrust License Conditions Will Be Followed ML20149E3241997-07-0808 July 1997 Comment on Proposed Regulatory Guidance Re Implementation of 10CFR50.59.Efforts of Nuclear Energy Inst Supported by Util ML20141A7171997-06-18018 June 1997 Comment Opposing Proposed NRC Bulletin 96-001,suppl 1, Control Rod Insertion Problems, Published in Fr on 970520. Insufficient Justification Exists to Warrant Requested Actions ML20138E0341997-04-23023 April 1997 Comment Supporting Revs to General Statement of Policy & Procedure for Enforcement Actions.Util Does Not Understand How Investigation Rept Is to Be Edited in Order to Protect Privacy of Individual ML20136E7311997-03-0303 March 1997 Comment Supporting Proposed Generic Communication, Effectiveness of Ultrasonic Testing Systems in Inservice Inspection Programs ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20134N2011996-11-11011 November 1996 Comment Supporting Proposed Rev 2 to Regulatory Guide 1.160 Monitoring the Effectiveness of Maint at Npps ML20134N2811996-11-11011 November 1996 Comment Supporting Draft Supplement 3 to NUREG 0654/FEMA REP 1 ML20128M5851996-10-0404 October 1996 Comment on Proposed Generic Communication, Primary Water Stress Corrosion Cracking of Control Rod Drive Mechanism & Other Vessel Head Penetrations ML20116G9151996-08-0202 August 1996 Comment Supporting Proposed Rule 10CFR26 Re Mods to Fitness-For-Duty Program Requirements ML20112H9241996-06-10010 June 1996 Suppl to Comment 4 Opposing Proposed Rule 10CFR50, Reporting Reliability & Availability Info for Risk- Significant Sys & Equipment ML20097G8991996-02-12012 February 1996 Comment Opposing Petition for Rulemaking PRM-50-63 Which Would Amend Emergency Planning Std in 10CFR50.47 ML20095D9351995-12-0707 December 1995 Comment on Proposed GL, Boraflex Degradation in SFP Storage Racks. Util Suggests That Words as Well as Future Projected Be Deleted from Stated Sentence ML20086M8391995-07-11011 July 1995 Comment Supporting Proposed Generic Ltr Re Process for Changes to Security Plans W/O Prior NRC Approval ML20086L0661995-07-11011 July 1995 Comment Supporting Pr 10CFR50 Re Changes in Frequency Requirements for Emergency Planning & Preparedness Exercises from Annual to Biennial ML20085M0171995-06-13013 June 1995 Comment Supporting Proposed Rule 10CFR2, Petition for RM; Procedure for Submission ML20081G9151995-03-15015 March 1995 Comments on Draft Reg Guide DG-8012, Instruction Concerning Risks from Occupational Radiation Exposure ML20078A0491995-01-12012 January 1995 Comment on NUREG-1122,rev 1 Re Technical Catalog for Nuclear Power Plant Operators Who Operate PWR Reactors ML20078R3371994-12-0909 December 1994 Comment Supporting Proposed GL Re Reconsideration of NPP Security Requirements for Internal Threat ML20077F7341994-11-10010 November 1994 Comment Supporting Proposed Rule 10CFR20 Re Frequency of Medical Exams for Use of Respiratory Equipment.Medical Determination Prior to Initial Fitting of Respirators Needed for New Workers Due to Unfamiliar Medical Histories ML20072K3681994-08-0909 August 1994 Comment Opposing Proposed Rule Change for 10CFR26 Re Consideration of Changes to fitness-for-duty Requirements. Util Suggests NRC Retain Current Scope of 10CFR26 as Is ML20070H6791994-07-13013 July 1994 Comment Supporting Proposed Rulemaking 50-59 Re Virginia Power;Filing of Petition for Rulemaking ML20071N4751993-11-29029 November 1993 Comments on Proposed Rule Re Commission Trial Program to Allow Public Observation of NRC Enforcement Conferences ML20044E2781993-05-13013 May 1993 Comment Supporting Petition for Rulemaking PRM-50-58 Re VEPCO Petition to Change Frequency of Emergency Planning Exercise from Annual to Biennial ML20105C9481992-09-15015 September 1992 Comment Supporting Proposed Rev to 1983 Staff Technical Position on Radwaste Classification, Technical Position on Concentration Averaging & Encapsulation ML20099E1871992-07-24024 July 1992 Comment Supporting Proposed Rules 10CFR20 & 61 Re LLW Shipment Manifest Info & Reporting ML20101T6101992-07-10010 July 1992 Comment Supporting Proposed Rule 10CFR50 Re Receipt of Byproduct & SNM ML20055F4251990-07-0202 July 1990 Comment Opposing Petition for Rulemaking PRM-50-55 Re Petitioner Request That NRC Change Requirement That Nuclear Power Plant Licensees File Revs to Final FSAR No Less Frequently than Annually ML20206M8071988-11-28028 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Random Drug Testing Provision in Fitness for Duty Program.Local 142 Members Can Accept & Work Under Fitness for Duty Program That Contains Only Just Cause Drug Testing Provision ML20195J3381988-11-28028 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Random Testing Provision of Fitness for Duty Program.Members of Local 142 at Plant Can Accept & Work Under Fitness for Duty Program That Contains Only Just Cause Drug Testing Provision ML20195J3521988-11-28028 November 1988 Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program.Local 142 Members Opposed to Proposed Random Drug Testing.Supports Just Cause Drug Testing Provision ML20206F9951988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing Provision to Be Included in Program ML20206G0021988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing Provision to Be Included in Program ML20206F9761988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Testing Provision to Be Included in Program ML20206F9501988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing to Be Included in Program ML20206F7121988-11-16016 November 1988 Comment Opposing Proposed Rule 10CFR26 Re Fitness for Duty Program.Opposed to Random Drug Testing Provision in Program 1999-09-30
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00CKETED USSRC August 12,k98h CFF!CE CF SECPJ[i'j-
DCCKUI Y 5 S
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
DUQUESNE LIGHT COMPANY, _e _t _a _l . ) Docket No. 50-412 OL
)
(Beaver Valley Power Station, )
Unit 2) )
APPLICANTS' ANSWER TO PETITION OF WILLIAM A. LOCHSTET On July 31, 1983, William A. Lochstet filed an untimely petition for leave to intervene and request for hearing in this proceeding. Applicants oppose Mr. Lochstet's petition. The
-petition is untimely and it fails to establish any legally suffi-cient justification for intervention in this proceeding.
d I. Mr. Lochstet's Petition Does Not Meet The Tests For Untimely Intervention And Intervention Should Accordingly Be Denied.
The Commission's notice of opportunity for hearing in this proceeding was published on June 1,1983 (48 Fed. Reg. 24488). ,
l The notice clearly' indicated that petitions to intervene and l l
requests for hearing must be filed 'on or before July 1. Notwith-1
, standing this clear notice, Mr. Lochstet failed to serve his l petition until July.31, 1983. The petition is accordingly untimely.
8308160495 830812 PDR ADOCK 05000412 ,
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An untimely intervention petition may only be entertained based on a balancing by the Licensing Board of the factors set forth in 10 C.F.R. S 2. 714 (a) . As plainly stated in the Notice of Opportunity for Hearing, an untimely petition can only be accepted if the Board determines "that the petition has made a substantial showing of good cause" for failure to file on time. .
48 Fed. Reg. 24489. It is well established that the determina-tion of whether to allow an untimely petition is to be made on the basis of a consideration of both (a) the substantiality of the justification offered for the late filing and (2) the five factors specifically enumerated in 10 C.F.R. S 2.714 (a) .b! See, e.g.,
Duke Power Co. (Perkins Nuclear Station, Units 1, 2 and 3) , ALAB-431 4
6 N.R.C. 460, 462 (1977); Nuclear Fuel Services, Inc. (West Valley Reprocassing Plant), CLI-75-4, 1 N.R.C. 273 (1975); Metropolitan Edison Co. (Three Mile Island Nuclear Station, Unit 2), ALAB-384, 5 N.R.C. 612, 615 (1977). "Further, in circumstances where no good excuse is tendered for tardiness, the petitioner's demonstra-tion on the other factors must be particularly strong." . Duke Power Co., supra.
1/ The four factors are as follows:
(1) good cause, if any, for failure to file on time; (2) availability of other means whereby the petitioner's interest will be protected; (3) the extent to which the petitioner's participation may reasonably be expected to assist in developing a sound record;-
, (4) the extent to which petitioner's interest will be l represented by existing parties; and (5) the extent.to which the petitioner's participation will broaden the issues or delay the proceeding.
,' ~ -- , . - . . . . - - . - .. ., . ,._ .. --. , - , , -
- Mr. Lochstet offers no justification for the belatedness of his petition. Mr. Lochstet is experienced with NRC procedures !
l and must be aware of the agency's rules. He candidly indicates that he missed the filing date through " lack of knowledge" and
.Tdmits that this lack of knowledge "is my responsibility, and not sufficient reas3n to accept a nontimely filing."$!
Mr. Lochstet makes no showing, let.alone a strong showing, that the other factors enumerated in 10 C.F.R. S 2.714(a) compel allowance of his petition.A!
II. Mr. Lochstet Has Failed To Establish Interests Sufficient To Justify Standing As Of Right.
Applicants also oppose Mr. Lochstet's petition because Mr.
Lochstet has not established that he has an interest sufficient to entitle him to intervene. Mr. Lochstet acknowledges that he
-2/ Mr. Lochstet, for example, had sought to intervene in the other NRC licensing proceedings. Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2),
LBP-82-43A, 15 N.R.C. 1423, 1447-1452 (1982). The Limerick licensing board noted that he has "been an informed. observer and participant in NRC proceedings." Id.
3/ Lochstet Petition, p. 1.
-4/ Indeed, Mr. Lochstet's only suggestion.which remotely bears on the other' factors is that he believes that his presence in the proceeding would be beneficial because "two heads are better than one." Lochstet Petition, p. 2. Conceivably, this statement bears on the question whether Mr. Lochstet's parti-cipation could reasonably be expected to assist in developing a sound record. However, it is too feeble a straw to justify belated intervention. Any untimely intervenor could claim as much. Moreover, a licensing board has already ruled on the same issue in a recent proceeding in which Mr. Lochstet sought discretionary intervention. In denying his request for dis-cretionary intervention, the board determined that Mr. Lochstet could not reasonably be expected to assist in developing a
- sound record. Philadelphia Electric Company (Limerick Genera-ting Station, Units 1 and 2), LBP-82-43A, 15 N.R.C. 1423, 1447 (1982).
t lives in State College, Pennsylvania. This is about 130 miles from the Beaver Valley facility. A petitioner living more than 50 miles from a plant does not have an interest sufficient for standing. See, e.g., Philadelphia Electric Co., supra, 15 N.R.C.
1433; The Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2), LBP-81-24, 14 N.R.C. 75, 78-79 (1981);
Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2), ALAB-413, 5 N.R.C. 1418 (1977).
III. Mr. Lochstet Has Failed To Establish Representational Standing As Of Right.
Mr. Lochstet, apparently recognizing insufficient interest to establish standing on his own behalf, intimates in his petition that Beaver Valley Unit 2 may " adversely affect" his two children whom he states are 12 and 14 years old and reside in a suburb of Pittsburgh 27 miles from the plant for the 9- month school year.
So far as Applicants can determine., licensing boards have consi-dered claims of standing based on representational interests of children in two proceedinge. In both instances standing'to inter-vene was denied. See, e.g., Detroit Edison Company (Enrico Fermi Atomic Power Plant,' Unit No. 2), ALAB-470, 7 N.R.C. 473, 474-75 n.1 (1978); Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2) , ALAB-413, 5 N.R.C. 1418, 1921 (1977). Applicants believe that.Mr. Lochstet's allegations of representational standing on behalf of his children are manifestly insufficient here. First,
. . - . _ _ . . .- .- . . , - , - . - - . - - . _ , - - , . _ . . - - . - . _ _ , - - _ . _ , . - - , , - . - .- . . - - - - . . , . -~.
1 other parties, and especially the State (which is concerned for all of its citizens), appear at least as well-equipped as Mr.
Lochstet to represent the interests of residents of the Pittsburgh area. Second, Mr. Lochstet has failed to detail the circumstances placing his children in Pittsburgh for 9-h months per year, evi-dently for school. For example, the children's sojourn may be temporary in nature and may lapse before Beaver Valley commences operation. In that case, the interest of the children is too attenuated, speculative and remote to confer standing on Mr.
Lochstet.5/ Moreover, from all that appears, the children may be in the custody of their mother who would be the more appropriate party to represent their interests in this proceeding.6/
IV. Mr. Lochstet Has Not Met The Tests For Discretionary Intervention.
Mr. Lochstet has not sought, and is not entitled to seek, discretionary intervention. The most important of the factors in a discretionary intervention case is whether the petitioner will make a valuable contribution to the making of a sound record.
i 5/ Compare Tennessee Valley Authority; supra, 5 N.R.C. at 1421-22 n. 4.
-6/ If Mr. Lochstet lacks custody of the children, he would only have standing to represent them if their mother (who presumably does have custody) "has interests which may conflict" with
- their interests. See Developmental ~ Disabilities Advocacy v.
l Melton, 689 F.2d 281, 285 (1st Cir. 1982). There is no l
evidence indicating any conflict here. Indeed, it-is far from clear that Mr. Lochstet is intent on pursuing the interests of his children as opposed to his own views on nuclear power.
,x
W Philadelphia Electric Co., supra, 15 N.R.C. 1435; The Cleveland Electric Illuminating Co., supra, 14 N.R.C. 179; Virginia Electric and Power Co. (North Anna Power Station, Units 1 and 2), ALAB-363, 4 N.R.C. 631, 633 (1976). The burden is on the intervenor to establish that he will make a valuable contribution. The Cleveland j Electric Illuminating Co., supra, 14 N.R.C. at 179; Nuclear Engineering 1
Co., Inc. (Sheffield, Illinois, Low-Level Radioactive Waste Disposal Site), ALAB-473, 7 N.R.C. 737, 745 (1978). Mr. Lochstet's petition fails to give any indication suggesting that his intervention will result in a valuable contribution to the making of a sound record.
As noted, Mr. Lochstet has recently been denied discretionary intervention for this reason in another proceeding. Philadelphia-Electric Company, supra.
Applicants also note that Mr. Lochstet's petition has failed, in contravention of 10 C.F.R. S 2.714 (a) (2) , to set forth the specific aspect or aspects of the subject matter of the proceeding under review as to which he seeks to intervene. Moreover, the
- petition fails to state with reasonable specificity at least one
- - contention suitable for litigation, in contravention to 10 C.F.R.
S 2.714(b). See Philadelphia Electric Co., supra, 15 N.R.C. 1437; Babcock & Wilcox (Application for Conside' ration of Facility Export License), CLI-77-18, 5 N.R.C. 1332, 1348 (1977). Although these latter defects might be remediable by amendment, Applicants believe that they serve as further evidence of Mr. Lochstet's attenuated Y
4 4
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6 interest in this proceeding and the unlikelihood that his parti-cipation will significantly contribute to a sound record.
V. Conclusion.
For the reasons stated above, Applicants believe that Mr.
Lochstet's untimely petition to intervene should be denied.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE BY: . A /
JA% // ILBERG, P.C. /
CHAJE S H. MONTAGNE /
)
1800 M Street, N.W.
Washington, D.C. 20036 Telephone: (202) 822-1000 Counsel for Applicants DATED: August 12, 1983 9
t August 12, 1983 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
DUQUESNE LIGHT COMPANY, et al. ) Docket No. 50-412 OL
)
(Beaver Valley Power Station, )
Unit 2) )
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Applicants' Answer to Petition of William A. Lochstet" were served-by deposit in the United States Mail, first class, postage prepaid, this 12th .
day of August, 1983, to all those on the attached Service List.
A% 7 Jay S lberg DATED: August 12, 1983 l
l l
l
a .
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of , )
}
DUQUESNE LIGHT COMPANY, ET AL. ) Docket No. 50-412
~
)
)
(Beaver Valley Power Station ) (Operating License)
Unit 2) )
SERVICE LIST Morton B. Margulies , Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Administrative Judge Ernest.E. Hill 210 Montego Drive Atomic Safety and Licensing Danville, CA 94526 Appeal Board Panel 4 U.S. Nuclear Regulatory Administrative Judge Paul W. Purdom Commission 235 Columbia Drive Washington, D.C. 20555 Decatur, GA 30030
- Docketing and Service Section Robert Perlis, Esquire Office of the Secretary Office of the Executive U.S. Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 .
William A. Lochstet 119 East- Aaror, Drive State College, PA 16801 1
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