ML17138A667

Explains NRC Process for Handling Questions Raised by Individuals Making Limited Appearance Statements

ML17138A667
Person / Time
Site:	Susquehanna
Issue date:	05/17/1979
From:	Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Perkins J AFFILIATION NOT ASSIGNED
References
NUDOCS 7907130501
Download: ML17138A667 (4)

Text

1 Mr. James Perkins 400 S. Allen State College, Pennsylvania 16801 DISTR I8UTION Cut'chin Woodhead Reis May 17, 1979 Shapar/Engelhardt Christenbury/Scinto FF (2)

Reg Cen:

LPDR S.Miner O.Parr S.Bajwa W.Regan In the Matter of Pennsylvania Power and Light Co.

Allegheny Electric Cooperative.

Inc.

(Susquehanna Steam Electric Station; Units 1 and 2)

Docket Nos.

50 387 and 50-388

Dear Mr. Perkins:

I recently received a copy of your note which says only, "I'd appreciate receiving a copy of the responses to my questions."

Since you made a limited appearance statement on January 30, 1979 at the prehearipg conference in the operating license proceeding on the Susquehanna Steam Electric Station, I deduced that you were referring to concerns that you had expressed at that time about the appli-cants'eliance on safety assurances in the Reactor Safety Study and that you presumed that those concerns would be addressed by this time.

Because other per-sons making a limited appearance may make a similar assumption, I decided to take this opportunity to explain how limited appearance statements are handled in the course of an NRC proceeding.

Persons such as yourself who are not parties to the proceeding may be,'.permitted to make oral or written statements or raise questions which they wish to have included in -the record of the proceeding.

Such statements and questions are usually solicited early in the proceeding so that the Licensing Board will have an opportunity to focus on relevant and merito'rtous questions during the course of the hearing.

In a contested operating license proceeding, such as the Susquehanna proceeding.

the Licensing Board makes findings of fact and conclusions of law on the matters put into controversy by the parties to the proceeding and on matters which the Board itself has raised.

Matters not put into controversy by the parties are not usually, the subject of fipdings unless the Board determines that a serious

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safety, en'<Vlironmental or combn defense and security question eyists.

In many proceedings questions raised by persons making limited appearances are in fact answered in tes(iioony presented at the hearing by the parties.

The NRC Staff often specifically addresses questions raised by persons making limited appearances in its testimony.

However, unless the Board determines that such a

question raises a serious safety, environmental or comon defense and security oA4Q9'-

be an QVIIIIAl44&

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is no require ered.

ent that ques ions raised persons mak ng limited a earances

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In your limited appearance statement you expressed a speci.fic concern that the Reactor Safety Study was relied on by the Applicant in assessing the safety of the Susquehanna facility.

The NRC Staff will not rely on the Reactor Safety Study in making its evaluation of the safety of the Susquehanna facility.

The Staff will review the application for operating licenses arid will report the results of its safety'review in a Safety Evaluation that is currently scheduled to be issued in late 1980.

Copies qf that document will be introduced into evidence at the hearing and made available for inspection at the Osterhout Free Library, Reference Department, 71 South Franklin, Wilkes-Barre. Pennsylvania and at the Commission's Public Document

Room, 171.7 H Street, N.l(., llashington, D.C.

I hope that this information about how questioqs raised by persons making limited appearances are dealt with in NRC proceedinjs is helpful to you in'understanding the NRC licensing process.

Sincerely, cc:

Charles Bechhoefer, Esq.

Mr. Glenn 0. Bright Dr. Oscar H. Paris, Jay Silberg, Esq.

Dr. Judith H. Johnsrud

. Mr. Thomas M. Gerusky Ms. Colleen Marsh Mrs. Irene Lemanowicz Susquehanna Environmental Advocates Atomic Safety and Licensing Appeal Board Panel Atomic Safety and Licensing Board Panel Docketing and Service Section James H. Cutchin, IY Counsel for NRC Staff orr>os~

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