ML20148G325
| ML20148G325 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 10/27/1978 |
| From: | Friedell E, Sohinki S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7811130038 | |
| Download: ML20148G325 (9) | |
Text
R NBC PUBLIC DOCUU3 10/27/78 UNITED STATES OF AMEPsICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSIflG BOARD _
c' ogM In the Matter of
)
9 37 11 HOUST0ft LIGHTING & POWER COMPANY Docket No.50-46f,
gG gf (Allens Creek fluclear Generating
)
Station, Unit 1)
)
/
coTT to ANSWER OF THE NRC STAFF IN OPDOSITION TO INTERVENTION PETITI0f1 0F DAVID MARKE The NRC Staff opposes the petition for leave to intervene filed by David Marke on October 10, 1978.
I.
STANDING AS A MATTER OF RIGHT Mr. Marke alleges that he represents an organization known as the Austin Citizens for Economical Energy (ACEE), "an independent body of citizens both of Austin and the surrounding geographic and demographic areas." The petition fails, however, to show that either Mr. Marke or the organization has standing to intervene in this proceeding.
The Connission's Rules of Practice,10 CFR 52.714(b), require that petitioners state their interest in the proceeding and how that interest may be affected by the results of the proceeding.
Intervention as a matter of right in Commission proceedings is governed by judicial y
7811130 6 3 f
+
I
! l l
i 4
concepts of standing which require that the petitioner demonstrate a l
personal interest in the outcome of the proceeding and that the interest i
is at least arguably within the " zone of interests" protected by the statute invoked.
Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 613-614.
An organization has standing to intervene if it can show that the organization or its members have such an interest.
Allied General Nuclear Services (Barnwell Fuel Receiving and Storage Station), ALAB-328, 3 NRC 420 (1976).
Where standing is based on the interests of members, the organization must identify individual members, describe specifically how their interests will be affected by the proposed actien, and show that the members have authorized the organization to act on their behalf.
ALAB-328, supra.,
3 NRC at 420; P_ublic Service Electric & Gas Company (Salem Nuclear Generating Station, Units 1 & 2), ALAB-136, 6 AEC 487, 488-89 (1973);
Duquesne Li_ght Conjpany et al. (Beaver Valley Power Station, Uni t 1),
ALAB-109, 6 AEC 243, 244 at n. 2 (1973).
In addition, one claiming to represent an organization must make clear that he has been authorized by that organization to represent it, since a petitioner in an NRC pro-ceeding normally may assert only his interests, not those of third parties.
Tennessee Valley Authority _ (Watts Bar Nuclear Plant, Units 1 and 2) ALAB-413, 5 NRC 1418,1421 (1977); Allied General Nuclear Services, et al. (Barnwell Fuel Receiving and Storage Station) LBP-75-60, 2 NRC 687, 690 (1975).
W'*P 7
g
. [
1 These requirements are all designed to assure that parties to Commission proceedings have real interests at stake.
The petition does not meet these requirements.
It does not specify who the members of ACEE are or how they would be affected by the Allens Creek facility.
- Further, the petition does not show that Mr. Marke is authorized to represent the organization.
e Mr. Marke also falls to show that he personally has standing to inter-vene in this case.
His allegation of danger to his person and property due to a transportation accident is remote and speculative.
See Exxon Nuclear Company Inc. (Nuclear Fuel Recovery and Recycling Center),
LBP-77-59, 6 NRC 518, 519-20 (1977). ll The petitioner also fails to specify how a facility approximately 200 miles away from his home and business concerns will affect his health and safety, "the food chain from which the peti +ioner must derive his sustenance," or the " water supply upon which the petitioner is dependant."
l Petition at page 3.
Nor does Se specify how he would be economically l
hanned by the plant.
In any event, as Mr. Marke ackn'owledges, economic
_1/ In that case, a petitioner who lived over a hundred miles from the proposed reprocessing facility had alleged that "it is likely that spent fuel rods will be shipped from the south over the rails of the Land N railroad which are very near to her home and rental property, and that, if an accident occured in that vicinity, it could cause her bodily harm, loss of life i
or loss of income," Id. at 519.
The Board denied the petition on the basis that the allegations were " entirely speculativt in nature, being predicated on the tenuous assumptions that the spent fuel will be shipped by the named carrier and that an accident might occur in the area proximate either to her residence or to her rental property." Id. at 520.
. interests alone are generally not sufficient to confer standing in Commission proceedings. 2/ See, Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 612 and 617 (1976); Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2), ALAB-413, 5 NRC 1418 (1977).
See also, Chairman Rosenthal's opinion in Long Island Lighting Co. (Jamesport Nuclear Power Station, Units 1 and 2), ALAB-212, 2 NRC 631, 640 (1975).
In sum, neither Mr. Marke nor the organization he claims to represent have demonstrated standing to intervene in this proceeding as a matter of right.
II.
DISCRETIONARY INTERVENTION Mr. Marke has also failed to demonstrate that either he or ACEE should be admitted as a party to this proceeding as a matter of discretion.
In deter-mining whether to permit intervention on that basis, the most important factor to be considered is whether the petitioner can be expected to make' a valuable G
/ Mr. Marke makes the curious argument that standing can be based on 2
" economics" in this case because the applicant changed its appli-cation for economic reasons.
Petition at page 4.
This argument is clearly without merit; standing to participate is unrelated to factors which might motivate an applicant to change its application.
m
- =rae g
i i I
contribution to the decisionmaking process.
Portland General Electric Co. (Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-27, 4 NRC 610, 612 and 617 (1976); Virginia Electric Power Co. (North Anna l
Power Station, Units 1 and 2), ALAB-363, 4 NRC 631 (1976); Public S_ervice Co. of Oklahoma (Black Fox Station, Units 1 and 2), ALAB-397, 5 NRC 1143,1145 (1977); Tennessee Valley Authority (Watts Bar Nuclear Plant, Units 1 and 2), ALAB-413, 5 NRC 1418,1422 (1977).
It is not enough to allege, as Mr. Marke does, that he has some expertise in the nuclear and energy area.
Rather, he must demonstrate that through his expertise he will be able to make a valuable contribution to this pro-ceeding.
Specifically, he must identify with particularity the issues on which he is prepared to contribute and the contribution he expects to make.
Nuclear Engineering Company, Inc. (Sheffield, Illinois Low-Level Radioactive Waste Disposal Site), ALAB-473, 7 NRC 737, 745 (1978).
Mr.
Marke has failed to meet these prerequisites and therefore his request for leave to intervene as a matter of discretion should be denied.
III.
CONCLUSION For all of the above reasons, the NRC Staff opposes Mr. Marke's petition in its present form.
In addition, we note that he has not yet stated w ww-+e.
__--_E__________
m__
6-his contentions.-3]
Respectfully submitted, w
Stephen M. Sohinki Counsel for NRC Staff th %A4 Exac Ellen Silberstein Friedell Counsel for NRC Staff D ted at Bethesda Maryland this 27 th day of dctober,1978 l
~
3 Under 10 CFR 62.714, however, Mr. Marke may amend his petition until 15 days prior to the special prehearing conference.
A
_?_____-__.-.________.-.__
.e-or
UflITED STATES OF A'4 ERICA NUCLEAR REGULATORY COMMIS$10fl BEFORE THE ATOMIC SAFETY AND LICErlSING BOARD In the Matter of
)
)
HOUST0fl LIGHTIllG & POWER COMPAtlY
)
Docket flo.
50-466
)
(Allens Creek fluclear Generating-
)
Station, Unit 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " ANSWER OF THE NRC STAFF Ill OPPOSITION TO INTERVENTION PETITION OF DAVID MARKE" in'the above-captioned proceeding have been served on the following by deposit in the l'nited States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 27th day of October, 1978:
Sheldon J. Wolfe, Esq., Chairman
- Robert Lowenstein, Esq.
Atomic Safety and Licensing Lowenstein, Reis, fierman & Axelrad Board Panel 1025 Connecticut Avenue, fl.W.
U.S. fluclear Reaulatory Connission 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,ffayor U.S. Nuclear Reculatory Commission City of Wallis, Texas 77485 Washington, D. C.
20555 Hon. John R. flikeska R. Gordon Gooch, Esq.
Austin County Judge Baker & Botts P. O. Box 3f0 1701 Pennsylvania Avenue, fl.W.
Bellville, Texas 77418 I
Washing ton, D. C.
20006 Atomic Safety and Licensing J. Gregory Copelan'd, Esq.
Appeal Board
- Baker & Botts U.S. Nuclear Regula tory Com11ssion One Shell Plaza Washington, D. C.
20555 l
Houston, Texas 77002 l
O l
.. ~
/
4 l.
Atomic Safety and Licensing Docketing and Service Section
- Board Panel
- Office of the Secretary U.S. Huclear Regulatory Corraission 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, taxas 77004 Houston Chapter 4438 1/2 Leeland Avenue Mr. Emanuel Baskir Houston, Texas 77023 5711 Warm Springs Road Houston, Texas 77035 T. Paul Robbins 600 W. 28th #102 Mrs. R. M. Bevis Austin, Texas 78705 7706 Brykerwoods Houston, Texas 77055 Mr. D. Michael McCaughan Member Mr. F. H. Potthoff, III The Environmental Task Force 1814 Pine Village 3131 Timmons Ln. Apt. 254 Houston, Texas 77080 Hous ton, Texas 77027 Brenda A. McCorkle Mr. John R. Shref fler 6140 Darnell 5014 Braeburn Houston, Texas 77074 Bellaire, Texas 77401 Steven Gilbert, Esq.
Ms. Shirley Caldwell Van Slyke & Gilbert 14501 Lillja Attorneys at Law Hous ton, Texas 77060 son Mortnn Street Richmond, Texas 77469 Mr. Robert S. Franson 4822 Waynesboro Drive Mr. Jean-Claude De Brenaecker e
Houston, Texas 77035 2128 Addison Houston, iexas 77030 Carro Hinderstein 8739 Link Terrace Mr. Brent Miller Houston, Texas 77Q25 4811 Tanarisk Lane Bellaire, Texas 77401 Ms. Ann Wharton 1424 Kiplina Mr. Allen D. Clark Houston, Texas 77006 5602 Putherglenn Houston, Texas 77096
?
b b * "'T i'"*__
4 II
. D. Marrack Ms. Lois H. Arderson 420 Mulberry Lane Mr. John V. Anderson Bellaire, Texas 77401 3626 Broadmead Houston, Texas 77025 Dr. Joe C. Yeldennan Box 303 Mr. Lee Loe fleedville, Texas 77461 1844 Kipling Houston, Texas 77098 Ms. Kathryn Hooker 1424 Kipling Mr. John Renaud, Jr.
Houston, Texas 77006 4110 Yoakum Street Ap t. 15 Ms. Patricia L. Day Houston, Texas 77006 2432 flottingham Houston, Texas 77005 Mr. George Broze 1823-A Marshall Street Mr. David Marke Houston, Texas 3940 Warehouse Row Suite C flational Lawyers Guild Austin, Texas 78704 Houston Chapter 4803 Montrose Blvd.
Ms. Madeline Bass Framson Suite 11 4822 Waynesboro Drive Houston, TX 77006 Houston, Texas 77035 Edgar Crane Charles L. Michulka 13507 Kingsride Attorney at Law Houston, TX 77079 P.O. Box 882 Staf ford, TX 77477 Gregory Kainer 11118 Wickwood Houston, TX 77024 71
,p OAC
~
Stephen /M. $ohinki P'"
Counsel for fiRC Staff
- W e
O r_______________________
~
--