ML19343A586
| ML19343A586 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 11/18/1980 |
| From: | Karman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19343A587 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8011190046 | |
| Download: ML19343A586 (3) | |
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s UNITED STATES OF AMERICA 11/18/80 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of j,;
hh ILLIN0IS POWER COMPANY, et al.
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Docket Nos. 50-461
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50-462
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(Clinton Power Station, Units 1 and 2) )
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~9 NRC STAFF ANSWER TO PETITION FOR g
g LEAVE TO INTERVENE AND REQUEST FOR HEARING OF PRAIRIE ALLIANCE On September 29, 1930, the Nuclear Regulatory Commission (Commission) pub-lished in the Federal Reoister (45 Fed. Reg. 64307) a notice of opportunity for hearing in connection with issuance of operating licenses in the cap-tioned matter. The notice provided that any person whose interest may be affected might file a petition for leave to intervene no later than Octo-ber 29, 1980.
A timely petition for leave to intervene and request for a hearing signed by four persons, Jean Fay, Joanne Schwart, Allen Samelson, and Caroline Mueller, acting on their own and on behalf of the Prairie Alliance, was received by the Staff.
For the reasons set forth below, the NRC Staff believes that the petitioners have demonstrated standing within the purview of 10 C.F.R. 5 2.714 and agency decisions.
To establish standing, the provisions of 10 C.F.R. 5 2.714(a)(2) require that a petitioner to an NRC proceeding shall:
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1.
Set forth with particularity the interest of the petitioner in the proceeding, how that interest may be affected by the results of the proceeding, including the reasnns why peti-tioner should be permitted to intervene; and 2.
Identify the specific aspect or aspects of the subject mat-ter of the proceeding as to which petitioner wishes to intervene.
These petitioners allege that most of the Prairie Alliance's members live, work and own property within 35 miles of the Clinton Power Station. Two of the members of the Prt.irie Alliance, Stanley Elsasser and Rebecca Elsasser, are said to reside approximately six miles west of the Clinton Power Stations and that their health, ownership of property, work and life style will be affected by the licensing of the Clinton Power Stations.
The four signers of the petition reside within 35 miles of the Clinton Power Station.
In the Staff's view, the residing places of some of the members of petitioners' organization are within the geographical zone that might be affected by normal (or accidental) release of fission products.~1/
Standing to intervene may be based upon residence in the vicinity of the nuclear plant.
Therefore, the individual petitioners have satisfied the
" interest" requirements of 10 C.F.R. 5 2.714.
1/ See Appendix I to 10 C.F.R. Part 50.
'~2/ Virginia Electric and Power Company (North Anna Power Station, Units 1 and 2) ALAB-146, 6 AEC 631 (1973).
The petitioners identify a number of contentions which may not ultimately prove admissible at the prehearing conference to rule on contentions, but which the Staff believe sufficiently identify areas of intervenor interest to meet the aspect requirement of 10 C.F.R. 5 2.714.
For the reasons stated above, the Board should find that petitioners have satisfied the requirements of 10 C.F.R. 5 2.714 with respect to standing.
Since petitioners may subnit their contentions with the required specifi-city of 10 C.F.R. 5 2.714(b) at any time up to 15 days prior to the holding of the first prehearing conference, it is premature for the Board to rule now on the adequacy of the petition as a whole to satisfy the regulations.
Respectfully submitt d, l
wg Myro Karman Counsel for NRC Staff Dated at Bethesda, Maryland this 18th day of November, 1980 i
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