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Answer in Opposition to California PIRG 840608 Request For

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Answer in Opposition to California PIRG 840608 Request For ~' _ ,. 1 .. - I" 7/13/84 , | ' UNITED STATES OF AMERICA NUCLEAR REG'? ATORY COMMISSION $p BEFORE THE ATOMIC SAFETY AND LICENSING BOARD' .84 k g3 - P2:47 ' In the Matter of - ) y_ , y.. } 4:; ;,. Docket No. 50-70-01.R. d,.- GENERAL ELECTRIC COMPANY ) '' * ). (GETR Vallecitos) ') . ' NRC STtFF'S ANSWER TO CALPIRG'S' REQUEST FOR READMISS10K 10 PROCEEDINGS , . .- . , , On June 8,1984, Mr. Glenn Barlotfile(I an unsigned pleading enti- tied " Petitioners /In'tervenor'slRequest for Readmission to Proceedings" ~ ("Reqdest") Ton behalf of the C'alifornia Public Interest Research Group, ._ .. Santa Cruz office ("C'alPIRG"-). In its Request, CalPIRG asserts that it ' had previously established standing in_this proceeding in 1970, but that its petition was dismissed in 1983 without CalPIRG being " informed" of this decision "until very recently." CalPIRG further asserts as follows:_ This past week our' State Board first learned about the NRC's renewed interest in relicensing the_GETR reactor in Alcmeda County, after a lapse of nearly. seven years, and our Board "oten unanimously'to ' -continue C'alPIRG's participe ion in this proceed- ' ing . For the reasons set forth below, the NRC Staf# T W P ) opposes CalPIRG's , Request and recommends that.it be denied.' _ BACKGROUND On September 15, 1977, notice was published in the Federal Register indicating that the Commission was considering the applications file 6 by 8407240313 840713 i PDR ADOCK 05000070 G PDR O QS/ J . -2- General Electric Company ("GE") for renewal of SNM License No. SNM-960, and Operating License No. TR-1 for the General Electric Test Reactor (GETR) located at the Vallecitos Nuclear Center.1/ The notice further indicated that any persons whose interests might be affected by these proceedings may file a petition for leave to intervene in accordance with 10 C.F.R. % 2.714, with respect to either or both of the renewal applications. Pursuant to the Federal Register notice, a timely " Petition for Leave to Intervene in License Renewal Procedures, Request for Hearing, and Request for Further Relief" (" Petition") was filed on October 14, 1977, by Jed Somit, Esq. , on behalf of petitioners Jack Turk, CalPIRG, and four other petitioners. Petitioner CalPIRG was identified as follows: Petitioner CalPIRG . is a non-profit corporation with its office in Berkeley, California, in the County of Alameda. The CalPIRG membership consists of 12,000 students at the University of California, Berkeley Campus, the vast majority of whom live within 45 miles of the nuclear facility in question. (Petition, at 7). Supporting affidavits attesting to the accuracy of the Petition were filed by the petitioners; among these was an affidavit exe- cuted on behalf of CalPIRG in Berkeley, California, by Gail Williams, who was identified as " Coordinator, Vallecitos Project". Subsequent to the filing of the Petition, the Staff became aware of information concerning the existence of faulting near the Vallecitos -1/ " Consideration of Applications for Renewal of Operating License and Special Nuclear Material License," 42 Fed. Reg. 46427 (September 15, 1977). .. - .- - .. | ' * -3- site and, on October 24, 1977, the Staff issued an Order to Show Cause, suspending operation of the GETR.2/ Responses to the Petition were filed by the Staff on November 23, 1977_/3 and by GE on December 16,1977.S/ In its response, the Staff identified certain deficiencies in the Petition, and opposed the Petition as then constituted; with particular respect to CalPIRG, the Staff noted that CalPIRG had failed to satisfy the " interest" requirement for standing under 10 C.F.R. 5 2.714(b) and that CalPIRG had failed to demonstrate sufficiently the interests of any of its individual members and the effects thereon (Staff Response, at 7 and 14); GE con- curred in the Staff's comments on standing (GE Response, at 2). Thereafter, on March 16, 1978, a prehearing conference was held in the show cause proceeding to consider the requests for hearing that had been filed in response to the Comission's Order to Show Cause. At the prehearing conference, the then Licensing Board Chairman (who also served as the Chairman in the license renewal proceeding), stated as follows with respect to the instant Petition: A timely petition to intervene in . [the license renewal] proceedings has been received. The petition was filed on behalf of certain individuals and organ- izations. -2/ A copy of the Order to Snow Cause was transmitted to the Licensing Board and Counsel for the petitioners on October 26, 1977. See Letter from Lawrence J. Chandler, Counsel for NRC Staff, to the Licensing Board, dated October 26, 1977. -3/ "NRC Staff Answer to Joint Petition for Leave to Intervene" (" Staff Response"), filed November 23, 1977. -4/ " General Electric Answer to Joint Petition for Leave to Intervene" ("GE Response"), filed December 16, 1977. n _ _ . _ _ ,- . 4- Now, this Board has not heretofore announced its determination with respect to that petition to intervene.- We do so today. The petition is granted. A full statement of determination and the reasons for it, along with a statement of our views as to the proper parties and the admissible contentions will be issued by way of a fonnal order in the near future. Thus, given the continuance of the applications, a public hearing will be held in connection with the renewal applications . (Prehearing Conference Transcript, at 6-7; emphasis added). On June 15, 1981, each of the six petitioners in this proceeding filed a document entitled " Substitution of Intervenor in Pro Per for Attorney of Record," whereby they entered personal appearances in lieu oftheirformerattorney,Mr.Somit.N On August 16, 1982, the Licensing Board issued its Initial Decision intheshowcauseproceeding.E Shortly thereafter, on October 21, 1982, the Licensing Board in this proceeding issued a Memorandum and Order, noting the issuance of its Initial Decision in the show cause proceeding and requesting that GE advise the Board of its intentions with respect to the pending license renewal applications. On November 12, 1982, fol- y CalPIRG's substitution was signed by Jerry Skomer. In a letter from Jed Somit to the Commission's Secretary, dated June 22, 1981, Mr. Skomer was identified as CalPIRG's representative; his mailing address was provided as " Jerry Skomer, CalPIRG, 2940 Channing Way, Berkeley, CA". See n. 8, infra. y General Electric Co. (Vallecitos Nuclear Center - General Electric Test Reactor, Operating License No. TR-1), LBP-82-64, 16 NRC 596 (1982), affirmed sua sponte, ALAB-720, 17 NRC 397 (March 23, 1983), Commission review declined (July 25,1983). | -. -. , , . - , . .- - , - . _ - -. - - ' * -5- lowing its receipt of GE's statement of intentions,U the Licensing Board issued a further Memorandum and Order directing the petitioners and Staff to respond to GE's filing; this was followed by the issuance of a further Memorandum.and Order on November 19,1982.8/ Only one of the petitioners, Mr. Jack Turk, responded to the Board's orders; and on April 8,1983, the Licensing Board issued its " Memorandum and Order (Ruling on Petition to Intervene and Related Matters)" in which, inter alia, it denied the peti- tion of the other five petitioners, having interpreted their silence as signifying the lack of "a continuing interest in these proceedings," (2) granted Mr. Turk party status subject to the acceptance by the Board of at least one contention, and (3) required Mr. Turk to revise his contentions in light of the events which had transpired :;ince the 7/ " General Electric's Response to October 21, 1982 Memorandum and - Order," dated November 5, 1982. 8/ The Board's Order of November 12, 1982, requested that the peti- tioners specify their mailing addresses and telephone numbers, since these were not provided in the notices of substitution. On the same date, the Licensing Board requested that Mr. Somit serve his former clients with the Board's Orders of October 21 and November 12, 1982, and GE's filing of November 5, 1982. Mr. Somit declined to serve these documents on his former clients, stating that he had previ- ously advised the Commission's Secretary of the petitioners' mailing addresses. See Letter f rom Jed Somit, Esq. , to John H. Frye, Ill, Licensing Board Chairman, dated November 15, 1982, enclosing letter from Jed Somit to Docketing and Service Section, Office of the Secre- tary, dated June 22, 1981. The Licensing Board then issued its Memo- randum and Order of November 19, 1982, in which it, inter alia, (1) directed the Secretary to revise the Commission's service list to include the petitioners' mailing addresses and to serve the peti- tioners with the Board's prior orders, (2) directed GE to serve its prior response on the petitioners, and (3) requested the petitioners to indicate any corrections to their mailing addresses and to provide their telephone numbers. -6- Petition was filed, with particular attention to the decision in the show cause proceeding.1/ On November 28, 1983, Mr. Turk filed his revised contentions and, on DecembeV 19, 1983, the Staff, GE and Mr. Turk met for the purpose of discussing the revised contentions. On January 16, 1984, the parties submitted a " Stipulation and Request for Dismissal" in the SNM license renewal proceeding (Docket No. 70-754-SNM) based, in part, on Mr. Turk's withdrawal of his request to intervene in that proceeding and his with- drawal of his contentions to the extent that they relate to License SNM-960; this request was granted by the Licensing Board on January 20, 1984,andtheSNM-960licenserenewalproceedinghasnowbeendismissed.b Responses to Mr. Turk's contentions were filed by GE and the Staff on January 30E and February 10, 1984, E respectively, and a prehearing conference has been scheduled to be held on August 9, 1984.
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