ML20154Q617

Memorandum & Order.* Commission Concurs Fully with Board Conclusions That Citizens Regulatory Commission Failed to Demonstrate That Amend Has Injury in Fact to Jh Besade. with Certificate of Svc.Served on 981023

ML20154Q617
Person / Time
Site:	Millstone
Issue date:	10/23/1998
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	AFFILIATION NOT ASSIGNED
References
CON-#498-19662 CLI-98-20, LA-2, NUDOCS 9810260032
Download: ML20154Q617 (4)

Text

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00C5ETE0 UNITED STATES OF AMERICA UbiR NUCLEAR REGULATORY COMMISSION

'98 OCT 23 Pl2:25 COMMISSIONERS:

OF :

Shirley Ann Jackson, Chairman PL' Nils J. Diaz ADa Edward McGaffigan, Jr.

SERVED oct 2 31996 In the Matter of )

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NORTHEAST NUCLEAR ENERGY COMPANY ) Docket No. 50-423-LA-2

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(Millstone Nuclear Power Station, )

Unit No. 3) )

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CLI-98-2Q MEMORANDUM AND ORDER This proceeding involves an application by Northeast Nuclear Energy Company

(" Northeast") to amend the operating license for Unit 3 of its Millstone Nuclear Power Station.

The amendment would permit Northeast to amend its Updated Final Safety Analysis Report to ,

reflect the addition of a new sump pump subsystem. The Citizens Regulatory Commission

(" CRC") opposes the amendment and has filed a petition to intentene in this proceeding. On September 2,1998, the Atomic Safety and Licensing Board issued LBP-98-22,48 NRC _,

finding that CRC lacked standing, denying the intervention petition, and terminating the proceeding.

On September 11*, CRC filed an interlocutory appeal as of right pursuant to 10 C.F.R. 6 2.714a. The NRC staff and Northeast oppose the appeal. We see no basis here for departing from our usual practice of deferring to the Board's judgments on threshold standing questions. See Private Fuel Storaae. L.L.C. (Independent Spent Fuel Storage Installation),

9810260032 981023 "

PDR ADOCK 05000423 39f0%

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CLI-98-13,48 NRC 26,32 (1998) (collecting cases). We concur fully with the Board's conclusions that CRC lacks standing because it failed to demonstrate that the requested amendment either has " obvious potential for offsite consequences" or would otherwise pose a i

plausible risk of " injury in fact" to CRC or its representative member, Mr. Joseph H. Besade.

LBP-98-22,48 NRC at . slip op. at 9-11. On appeal, CRC raises no arguments not already addressed fully and correctly by the Board. We therefore affirm LBP-98-22 based on the ,

l Board's own reasoning.'

IT IS SO ORDERED.

For the Commission p str o g I

I&g +4

%**5 o (/

sn John 6. Hoyle Secretary of the Commission ockville, Maryland, Dated this @atpday of October,1998.

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l ' We note that in both LBP-98-22 and LBP-98-20 (an earlier Board order granting standing in a companion case), the Board repeatedly cited our decision in Cleveland Elec.

Illuminatina Co. (Perry Nuclear Power Plant, Unit 1), CLI-93-21,38 NRC 87 (1993) Perry however, dealt with a highly unusual claim of piocedural iniurv and considered the kinds of harm necessary to sustain such a claim. Outside that context, Perry has little precedential I force. 91 Seauovah Fuels Coro. and General Atomics (Gore, Okla.), CLI-94-12,40 NRC 64, 75 (1994).

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-O UNITEDSTATESOFAMERiCA NUCLEAR REGULATORY COMMISSION

'In the Matter of. l l l NORTHEAST NUCLEAR ENERGY COMPANY l Docket No.(s) 50-423-LA-2 (Millstone Nuclear Power Station, Unit No. 3) l l l CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMM MEMO & ORDER (CLI-98-20) l have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

L Administrative Judge l Office of Commission Appellate Thomas S. Moore, Chairman i

. Adjudication Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 1 Washington, DC 20555 U.S. Nuclear Regulatory Commission l Washington, DC 20555 Administrative Judge Administrative Judge Richard F. Cole Charles N. Kelber Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Richard G. Bachmann, Esq.

Marian L. Zobler, Esq. Lillian M. Cuoco, Esq.

Office of the General Counsel Senior Nuclear Counsel i Mail Stop 15 B18 Northeast Utilities Service Company U.S. Nuclear Regulatory Commission P.O. Box 270 Washington, DC 20555 Hartford, CT 06141 David A. Repka, Esq.

Winston & Strawn Nancy Burton, Esq.

1400 L Street, N.W. 147 Cross Highway Washington, DC 20005 Redding Ridge, CT 06876 l-4

1 Docket No.(s)50-423-LA-2 COMM MEMO & ORDER (CLI-98-20)

Dated at Rockville, Md. this 23 day of October.1998 f

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Office of the Secreta'ry of thvCommission l

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