ML20148A417

NRC Staff'S Response in Opposition to Request by Petitioner to Intervene K Hooker for Waiver of Provisions of 10CFR20 & 10CFR50AppI.Petitioner Asserts Neld Has Not Satisfied Criteria of 10CFR2.758 Re Waiver.Cert of Svc Encl

ML20148A417
Person / Time
Site:	Allens Creek File:Houston Lighting and Power Company icon.png
Issue date:	12/11/1978
From:	Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Shared Package
ML20148A403	List: ML20148A398 ML20148A411 ML20148A417
References
NUDOCS 7812280356
Download: ML20148A417 (6)

Text

p l

v. ,

1 1

. 12/11/78 l 1

-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ,

4 In the Matter of )

l HOUSTON LIGHTING & POWER COMPANY . Docket No. 50-466

)

(Allens Creek Nuclear Generating )

, Station, Unit 1) ) I 1

l NRC STAFF RESPONSE TO PETITION FOR WAIVER OF NRC REGULATIONS

~

The NRC Staff opposes the request by Kathryn Hooker, a petitioner for leave to intervene in the captioned proceeding, for a waiver of the pro-visions of 10 CFR Part 20 and Apoendix I to 10 CFR Part 50 in this case. The request has been filed pursuant to 10 CFR 52.758,3 and is supported by an

" Affidavit Attachment for Proposed Rules Waiver," dated November 22, 1978.

10 CFR 52.758 provides an avenue, in extraordinary situations, for Commission regulations to be waived in individual proceedings. To prevail on such a request, the petition must:

(1) demonstrate that special circumstances with respect to the subject matter of the particular proceedings are such that application of the rule or regulation would not serve the purposes for which the rule was adopted; S The document in which the actual request is made is entitled

" Supplement to Oral Defense of Contentions," and is dated November 21, 1978.

l l

7sieasc e

3

.2- -

(2). identify:the specific aspect of the subject matter of the

-proceeding as to which application of the regulation would not serve the purposes for which the rule was adopted; (3) set forth with particularity the special circumstances alleged to justify the waiver; (4) constitute a prima facie showing that application of the rule would not serve the purpose for which it was adopted.

Ms. Hooker elleges that the City of Houston is in non-compliance with Federal standards of air pollutants. She further alleges that air pollutants and gaseous radioactive emissions (presumably from the proposed Allens Creek facility) together have a " synergistic effect on humans." These allegations leave the. Petitioner far from the demonstration required by 10 CFR 52.758 for waiver of a regulation. . First, she does not identify the " synergistic effect" which she alleges will occur. Secondly, no basis fs articulated for the allegation that there will be such an impact in Houston, which is approximately 40 miles from the proposed site. Thirdly, other than-an assumption that the regulations in question were promulgated "to ensure public safety," no attempt is made to demonstrate that application of Part 20 and Appendix I' to 10 CFR ~Part 50 in this proceeding would not serve the purpose for which the rules were adopted. All of the regulations are promulgated to ensure public safety. The rules in question were promulgated w-me Y. w e .. , , .. 'g+1t,- __.

m .ea==. * ===m-=~h- gapeene

'fr ,

3-for very specific purposes which are set forth therein. The affidavit is devoid of any particularized discussion of those purposes and, in particular, how they would not be served by application to the Allens Creek facility. It is therefore impossible from reading the petition to discern the specific basi.s for the claim of special circumstances.

e, In short, Ms. Hooker's allegations do not even contain the requisite specificity and basis for a " usual" contention; they certainly do not rise to the level of a prima facie showing requiring Commission involve-ment in a challenge to the regulations. The request for a waiver of 10 CFR Part 20 and Appendix I to 10 CFR Part 50 should therefore be denied.

Respectfully submitted, .[

Stephe M. Schinki Counsel for NRC Staff Dated at Bethesda, Maryland '

this lith day of December,1978 l

l l

e 1

l

. . , , - . ,. ....-..m

UNITED STATES OF AMERICA

. NUCLEAR REGULATORY C0fNISSION BEF0RE THE ATOMIC SAFETY AND LICENSING BOARD l

'In the Matter of )

)

HOUSTON LIGHTING & POWER COMPANY ) Docket No. 50-466 (Allens Creek Nuclear Generating 1 i Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO AMENDMENT TO PETITION TO INTERVENE SUBMITTED BY F. H. POTTH0FF, III", "NRC STAFF'S RESPONSE TO ' ARMADILLO C0ALITION OF TEXAS (HOUSTON) & JOHN F. DOHERTY'S (AS AN INDIVIDUAL) AMENDMENT TO CONTENTION #1, AND REQUEST FOR ADMISSION OF THE AMENDMENT UNDER 10 CFR 2.758(b)'", and "NRC STAFF RESPONSE TO ,

PETITION FOR WAIVER OF NRC REGULATIONS" in the above-captioned proceeding 1 have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this lith day of December,1978:

Sheldon J. Wolfe, Esq. , Chairman

• Jack Newman, Esq.

Atomic Safety and Licensing Lowenstein, Reis, Newman & Axelrad' Board Panel 1025 Connecticut Avenue, N.W.

U.S. Nuclear Regulatory Commission Washington, D. C. 20037 Washington, D. C. 20555

/ Richard Lowerre, Esq.

Dr. E. Leonard Cheatum - Asst. Attorney General for the Route 3, Box 350A State of Texas Watkinsville, Georgia 30677 P. O. Box 12548 ~

Capitol Station Mr. Glenn 0. Bright

• Austin, Texas 78711 '

Atomic Safety and Licensing Board Panel Hon. Jerry Sliva, Mayor U.S. Nuclear Regulatory Commission City of Wallis, Texas 77485 Washington, D. C. 20555 Hon. John R. Mikeska R. Gordon Gooch, Esq. Austin County Judge Baker & Botts P. O. Box 310 1701 Pennsylvania Avenue, N.W. Bellville, Texas 77418 Washington, D. C. 20006 Atomic Safety and Licensing J. Gregory Copeland, Esq. Appeal Board

• Baker & Botts U.S. Nuclear Regulatory Commission One Shell Plaza Washington, D. C. 20555 Houston, Texas 77002 l

i

_g.

Atomic Safety and Licensing Docketing and Service Section

• Board Panel

• Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 Mr. Wayne Rentfro James Scott, Jr. , Esq.

P.O. Box 1335 Texas Public Interest Rosenberg, Texas 77471 Research Group, Inc.

Box 237 UC Mr. John F. Doherty University of Houston Armadillo Coalition of Texas, Houston, Texas 77004 Houston Chapter 4438 1/2 Leeland Avenue Mr. Emanuel Baskir Houston, Texas 77023 5711 Warm Springs Road Houston, Texas 77036 6b0W 28 h 02 Mrs. R. M. Sevis l Austin, Texas 78705 7706 Brykerwoods i Houston, Texas 77055 Mr. D. Michael McCa'ughan Member Mr. F. H. Potthoff, III The Environmental Task Force 1814 Pine Village 3131 Timmons Ln. Apt. 254 Houston, Texas 77080 l Houston, Texas 77027 i Brenda A. McCorkle Mr. John R. Shreffler 6140 Darnell l 5014 Braeburn Houston, Texas 77074 l Bellaire, Texas 77401 Steven Gilbert, Esq.

Ms. Shirley Caldwell Van Slyke & Gilbert 14501 Lillja Attorneys at Law Houston, Texas 77060 500 Mncton Street '

Richmond, Texas 77469 Mr. Robert S. Framson >

4822 Waynesboro Drive Mr. Jean-Claude De Bremaecker Houston, Texas 77035 2128 Addison Houston, Texas 77030 Carro Hinderstein 8739 Link Terrace Mr. Brent Miller Houston, Texas 77025 4811 Tamarisk Lane Bellaire, Texas 77401 Ms. Ann Wharton 1424 Kiplino Mr. Allen D. Clark Houston, Texas 77006 5602 Rutherglenn Houston, Texas 77096

D. Marrack Ms. Lois H. Anderson 420 Mulberry Lane Mr. John V. Anderson Bellaire, Texas 77401 3626 Broadmead Houston, Texas 77025 Dr. Joe C. Yelderman Mr. Lee Loe Box 303 1844 Kipling Needville, Texas 77461 Houston, Texas 77098 Ms. Kathryn Hooker Mr. John Renaud, Jr.

1424 Kipling Houston, Texas 77006 4110 Yoakum Street Ap t. 15 Ms. Patricia L. Day Houston, Texas 77006 2432 Nottingham Houston, Texas 77005 Mr. George Broze 1823-A Marshall Strebt Houston, Texas Mr. David Marke 3940 Warehouse Row National Lawyers Guild Suite C Houston Chapter Austin, Texas 78704 4803 Montrose Blvd.

Suite 11 Ms. Madeline Bass Framson Houston, TX 77006 4822 Waynesboro Drive Houston, Texas 77035 Edgar Crane 13507 Kingsride Charles L. Michulka Houston, TX 77079 -

Attorney at Law P.O. Box 882 Stafford, TX 77477 Gregory Kainer ./A 11118 Wickwood / *

(( W Houston, TX 77024 4 C

><ephen T. Schinki Joseph F. Archer, Esq. Counsel Yor NRC Staff Combs, Archer and Petersor 811 Dallas #1220 Houston, Texas 77002

_...,. . . . . ._ _ _ _ _ . . _ _ _ __. ._