ELR Citation: ELR 20790
No(s). 73-1689 (D.C. Cir. Jul 11, 1974)

The court affirms an order of the Atomic Energy Commission denying a petition to intervene in a licensing proceeding before the Commission. Section 189(a) of the Atomic Energy Act of 1954 does not in literal terms state that any person whose interest is affected by an AEC licensing proceeding may intervene; it states that such a party shall be granted a hearing upon request and the Commission shall admit any such person as a party to the proceeding. The petitioners' contention that any requirement of more than a showing of an interest that may be affected is illegal is without merit, for a reading of the Atomic Energy Act must give way to some degree to the rulemaking authority of the Commission. It is within that rulemaking authority and in accordance with the legislative history of the Act to require a person whose interest may be affected by a licensing proceeding to file a written petition under oath for leave to intervene, supported by an accompanying affidavit identifying the specific aspect or aspects of the subject matter of the proceeding as to which he wishes to intervene and setting forth with particularity both the facts pertaining to his interest and the basis for his contentions with regard to each aspect on which he desires to intervene.

Counsel for Petitioners
Robert J. Vollen
109 North Dearborn
Chicago, IL 60602

Counsel for Respondent
Jerome Nelson, Solicitor
Atomic Energy Commission
Washington, DC 20545

Wallace H. Johnson Asst. Attorney General
Edmund B. Clark
Larry G. Gutterridge Attorneys
Department of Justice
Washington, DC 20530

Counsel for Intervenor Northern States Power Company
Gerald Charnoff
910 17th St., NW
Washington, DC 20006