ML19351F144
| ML19351F144 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 12/06/1980 |
| From: | Allred D, Donelson C AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8012290633 | |
| Download: ML19351F144 (5) | |
Text
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LM BEFORE THE ATOMIC SAFETY AND LICENSING BOAI(M -
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APPLICATION OF WESTINGHOUSE
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ELECTRIC CORPORATION FOR A Rg SPECIAL NUCLEAR MATERIAL DOCKET NO. 70-2909 LICENSE 'JOR THE ALABAMA NUCLEAR FUEL FABRICATION PLANT (ANFFP) TO BE LOCATED NEAR PRATTVILLE, ALABAMA SUPPLEMENT TO PETITION FOR LEAVE TO INTERVENE OF CATHALYNN DONELSON AND FOR SUBSTI'"UTION OF NAMED INTERVENORS Cone now David L. Allred and Cathalynn Donelson and supplement their Joint Motion for Substitution of Named Inter-venor as follows:
1.
The Code of Federal Regulations provides that:
"Montimely filings will not be entertained absent a determination by the Commission, the presiding officer or the atomic safety and licensing board designated to rule on the petition and/or request, that the petition and/or request should be granted based upon a balancing of the following factors in addition to those set out in paragraph (d) of this section:
(i)
Good cause, if any, for failure to file on P.ine.
(ii)
The availability of other means whereby the petitioner's interest will-be protected.
(iii) The extent to which the petitioner's parti-cipation may reasonably be expected to assist in developing a sound record.
(iv)
The extent to which the petitioner's interest will be represented by existing parties.
(v)
The extent to which the petitioner's parti-cipation will broaden the issues or delay the proceedings."
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l 2.
Petitioner submits that her Petition to Intervene and her Joint Motion for Substitution of Named Intervenor adequately set forth good cause for her failure to file on time.
As set forth in 1
those pleadings petitioner has been active in this licensing 1i procedure for several months.
She has not been " lulled into inaction" by the activities of either SEACA or David L. Allred.
On the contrary, she has worked with both SEACA and Allred in the licensing procedure.
Petitioner has worked with Allre.d on all matters heretofore a
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filed by Allred.
Unlike the petitioner in In re Gulf States 1
Utilities Co. (River Bend Station, Units 1 and 2), 6 NRC 760, i
ALAB-444 (1977), Petitioner Donelson has not been lulled into l
inaction by another intervenor.
Instead,'she has devoted much effort which has been reflected in Allred's filings.
She now seeks only to centinue her efforts which have heretofore been reflected
__ings bearing Allred's name.
Similarly, Petitioner Donelson's situation is easily distinguished from that of the petitioner in In re Duke Power Co.
l (Cherokee Nuclear Station, Units 1,2 and 3), 6 NRC 642, ALAB-440 (1977).
Petitioner Donelson specifically claims that Allred I
undertook to represent her interests and concerns as reflected in his pleadings.
There was no passive assumption of risk-by b
Petitioner Donelson'that Allred would not fulfill her expectations.
f-
- in his intervention-and pleadings.
Instead, she' assisted in research, analysis and preparation of Allred's pleadings.
In short, petitioner's good cause assertion is not that she-was lulled into inaction or that she assumed another would protect her interests.
Rather,' petitioner's good cause-assertion is that i
.the pleadings heretofore filed by.Allred were a product of her-
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efforts, reflecting her specific concerns and interests; and petitioner wishes to continue her efforts under her own name since Allred apparently cannot continue his intervention.
3.
With respect to the availability of other means whereby petitioner's interest will be protected, she is aware of none as effective as intervention in the licensing procedure.
Petitioner has written letters to her elected representatives expressing her concerns.
Petitioner also has met with residents of the ccmmunity to discuss her concerns.
Petitioner has attempted to inform the ccmmunity of her concerns.
However, intervention appears to be the most, if not the only, effective method of protecting her interests.
4.
Petitioner's participation will assist in developing a sound record.
Petitioner has assisted Allred in preparing the contentions heretofore filed under his name.
At the first informal conference held in Montgcmery the applicant and the NRC staff agreed that one or more contentions submitted by Allred raised or likely raised justiciable issues.
Petitioner seeks to advance those issues.
Petitiocar is also employed by the Alabama Historical Commission and can be of substantial assistance in developing and resolving issues concerning the effects of the proposed facility on historic sites.
Finally, Petitioner has discussed the proposed facility with many scientists whose fields of study are relevant to the proposed facility.
Petitioner expects to have their expert knowledge at her disposal during the licensing process and to render significant assistance to the Board.
5.
Petitioner is not certain that all of her interests and concerns will be sufficiently represented by existing parties in the absence of Allred who incorporated her interests in his pleadings.
Petitioner submits that several contentions heretofore submitted by Allred have not been addressed by other parties.
One such contention is number I(A) (3) of the Additional Proposed Contentions of Intervenor David L. Allred.
Another contention concerns the conflict of interest in the preparation of the Environmental Impact Statement.
There are additional contentions which have been raised under the name of Allred which have not been raised by SEACA.
6.
Petitioner contends that the issues will be broadened only insofar as her contentions are not addressed or submitted by another party.
Such contentions will help to develop a sound record.
Neither Westinghouse nor the NRC staff has filed a response to Allred's contentions.
Indeed, the MRC staff will not be able to fully do so until the Environmental Imoact Statement is prepared.
Permitting petitioner's intervention will not add significant additional delay to that already anticipated.
7.
The factors set out in 10 C.F.R. 2.714(d) militate in favor of permitting Donelson to intervene as set forth in her original Petition.
Respectfully submitted this the hhb ay of December, d
1980 h
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CERTIFICATE OF U.DVICC I hereb' certify that I have served c. copy of the f or ec* o inc 2
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upon tha follawing na:ned parties by 'uilins: the same to them on 9
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d a.- of O/4Lmlv 193 O.
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Jonn F.
'cio l f, Esq., Chairman Donald it. Marcucci, Ezq.
Atomic Safe'./ and Licensing Law Department Boar 1 h'stinghouse Electric Cor;.
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