ML20127L272

Answer on AEC Regulatory Staff to Petition for Leave to Intervene by Dzugan,Pepin & Burnett.*

ML20127L272
Person / Time
Site:	Monticello
Issue date:	04/02/1970
From:	Engelhardt T US ATOMIC ENERGY COMMISSION (AEC)
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9211230478
Download: ML20127L272 (4)

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4 AN!Eh M TS /.):C 11CULATORY STATP TO PET 1'tii-:1 TOR MAVE TO INTE!Wl:1:E BY lim!;.*"fi. LZtqAN, PEPIN AND UUiW3TT In a telecran det:.d Apt il 1,1^70, addressed to the Secretary, U. S.

l Atomic Energy Cocaist; ion, licssrs. Kenneth Dzugan, Theodore Popin and George Burnett sub:nitted a timely petition for 1 cave to intervene in the captioned prococding. The telegrcm stated that the petitioners are " con-cerned connuir.crs of the facility in question and testimony uill bc concerned with technical capability and public safety."

The "Ruloc of Practice" of the Atomic Energy Commission (Commission

- or ACC) in 10 CFR 52.714 provide that any person whose intercot may be af fceted by a proceeding and who desires to participato as a party to a proceeding nunt file a written petition for leave to intervone under cath or affirmation for leave to intervene, and shall act forth the interest of the petitioner.in the proceeding, how that interest may be

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N( affected by Commission action, and the contentions of the petitioner in reasonably specific detail. ,

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The above identified petition is deficient with respect to its compliance with the provisions of 10 CFR 52.714 in that it (1) has not m, -

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been filed under onth or affirmation; (2) does not set forth the ,

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interest of the petitioners in the proceeding; (3) does not state

, how the petitioners' f uterests may be affected by Com:nission action; 4

i and (4) doco not state the contention s of the petitioners in reaconably specific detail.

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On the basis of the deficiencies in the petition for leave to

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, intervene of !!cscrs. Dzugan, Pepin and Durnett, the AEC regulatory I, staf f objects at thic tine to the granting of the petition. The AEC j

regulatory ctaff would not, however, object to the board granting the petitioners an opportunity to amend their petition to correct the t

deficiencies noted above, provided the amended petition vac filed at f

or prior to the scheduled prehearing conference in the captioned matter, s< , S- 8W Thomas F. Engelhardt Counsel for AEC Regulatory Staff

( Dated this 2nd day of April,1970. *

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ANSUER OF THE AEC REGULATORY STAFF TO

' PETIT 103 FOR LEAVE TO INTERVENS BY 1 Mll. MIKE DONA 1!UE l

In ,a letter dated March 27, 1970, lir. Mike Donahue submitted a J g h.

tiocly petition for leave to intervene in the captiened proceeding.

Mr. Donahue states that he livcc some fif tcen miles from the site of the Monticello Nuclear Cencrating Plant, that he has boon studying o ,

the subject of " nuclear pollution", and that on the basis of his

! studico is " qualified to ask come constructive and helpful questions."

e. The " Rules of Practice" of *.he Atomic Energy Commission (Commiscion or AEC) in 10 CFR $2.714 provide that any person whoec interest may be i

affected by a proceeding and who desires to participate as a party to a 4 proceeding must file a written petition for 1 cave to intervene under ..

cath or af firmation for leave to intervene, and shall set forth the W]. interest of the petitioner in the proceeding, how that interest mey be

.~I n- af fected by Commission action, and the contentions of the petitioner in e ='

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" I24 b" reasonably specific-detail. w W The petition of Mr. Donahue for 1 cave to intervene is' deficient with respect to its compliance with the provisions of 10 CFR 52.714 in

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,, that it has not been filed under oath or affirsaation: it does not set .

N p forth the interent of the petitioner in the proceeding; it does not ,

[ . state.how the petitioncr'.o interests.may be affected by Comiss' ion action; and doco not otate the contch.tions of the petitioner in renconably specific detail.

3 :a On the batie of the deficiencies in Mr. Donahue's petition for 1 cave to intervene, the AEC-regulatory staf f objects at this time to i

the granting of the petition. The AEC regulatory staff would not, however, object to the board granting the petitioner an opportunity to amend his petition to correct the deficiencies noted above, provided the ataended petition was filed at or prior to the scheduled prehearing conference in the captioned matter.

The AEC regulatory staff notes that Mr. Donahue's stated interest in participating in this hearing is to ask " helpful and constructive questions" regarding the Monticello facility.. The AEC regulatory staff would suggest to the board that such questions could appropriately M ...1:.ed by Mr. Donahuc if he were permitted to make a lisoited appearance pursuant to the provisions of 10 CFR 52.715. Participation by way of i

limited appearance in cc proceeding would provide a means for Mr. Donahue-to obtain answers to his questions without the necessity of meeting the

, requirtr ents of 10 CFR $2.714. Appropriate procedures could be considered at the prehearing conference for assuring that gestions raised by_

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