ML17138A866
| ML17138A866 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 09/17/1979 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7910180065 | |
| Download: ML17138A866 (5) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD 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 50-388
'NRC STAFF'S ANSWER IN OPPOSITION TO THE APPEAL BY CITIZENS AGAINST NUCLEAR DANGERS On August 30, 1979 Intervenor Citizens Against Nuclear Dangers (CAND) via mailgram and letter filed an interlocutory appeal from rulings on discovery matters made by the Licensing Board in its "Memorandum and Order on Scheduling and Discovery Motions" dated August 24, 1979.
On September 1,
1979 CAND filed a supplement to its appeal.
An additional supplement to the appeal was filed on September 10, 1979.
The order appealed from does not relate to the granting or the denying of a petition to intervene.
With the exception of the appeal allowed under 10 CFR 2.714a, from an order wholly denying (or granting rather than wholly denying) a petition for leave to intervene, the Commission's Rules of Practice forbid the appeal of an interlocutory ruling by a Licensing Board.
The Staff recognizes that the Appeal Board could treat this appeal by lay intervenors not represented by counsel as a request that it invoke its powers 10 CFR 2.730(f).
Duke Power Com an (Perkins Nuclear Station, Units 1, 2
and 3), ALAB-433, 6 NRC 469 (1977 under 10 CFR 2.785(b)(1) and 10 CFR 2.718(i) to direct Licensing Board certi-fication.--
- However, such discretionary interlocutory review generally will.
'I be granted only when the ruling below either (1) threatens the party adversely affected by it with immediate and serious irreparable impact which, as a practical
- matter, cannot be alleviated by a later appeal or (2) affects the basic structure of the proceeding in a'ervasive or unusual manner.~
An Appeal Board has
'"previously refused to direct certification to review rulings on interrogatories made at the discovery stage of a proceeding.~
An Appeal Board has also refused to become involved at an interlocutory stage in a scheduling controversy arising
/
before a Licensing Board where the controversy does not bring to the fore any limitations imposed by law on the Licensing Board's jurisdiction or authority and where no "truly exceptional situation" is involved.~
CAND has shown neither such a limitation nor a "truly exceptional situation" as to discovery or scheduling which might justify a departure from the Appeal Board's general practice of for-bearance.
In these circumstances appellate review of the Licensing Board's interlocutory order is available only by means of exceptions to that Board's decision at the end of the proceeding.~
CAND has alleged no errors that cannot be corrected at that time.
As in the ~Balll
- case, al'leged prejudicial errors
~ Public Service of New Ham shire (Seabrook Station, Units 1 and 2), ALAB-271, 1
NRC 478 1975 Public Service Com an of Indiana Inc. (Marble Hill Nuclear Generating
- Station, Units 1 and 2
, ALAB-405, 5 NRC 1190 (1977).
Lon Island Li htin and Power Com an (Jamesport Nuclear Power Station, Units 1 and 2, ALAB-318, 3 NRC 186 1976).
J Public Service Comoan of New Ham shire (Seabrook Station, Units 1 and 2),
ALAB-295, 2 NRC 668 1975 See:
Boston Edison Com an (Pilgrim Nuclear Generating Station, Unit 2),
ALAB-269, 1
stemming from among other things rulings on discovery and schedules are reviewable on exceptions to the Licensing Board's initial decision.~
Therefore, CAND's appeal should be denied.~
Should the Appeal Board never-
, theless grant the appeal, the Staff requests that it be granted the opportunity to address the individual questions sought to be raised in the appeal.
Respectfully submitted, Dated at Bethesda, Maryland this 17th day of September, 1979 James M. Cutchin, IV
.Counsel for NRC Staff See:
Northern Indiana Public Service Com an (Bailly Generating Station, 7/
Nuclear-1
, ALAB-224, 8 AEC 244 1974 and ALAB-302, 2 NRC 858 (1975).
In addition, the Staff respectfully suggests that CAND be advised of the 8/
possible consequences of filing insulting and disrespectful papers.
Laymen no more than lawyers may file such papers.
Metro olitan Edison Com an (Three Mile Island, Unit No. 2), ALAB-474, 7 NRC 746 1978 CAND has filed other such papers, e.g.,
"CAND Supplemental Discovery Requests to Commonwealth of Pennsylvania" dated July 25, 1979 and "CAND Replies to Interrogatories of NRC Staff and Applicants" filed June 16, 1979.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 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 50-388 CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S-ANSWER IN OPPOSITION TO THE APPEAL BY CITIZENS AGAINST NUCLEAR DANGERS" in the above-captioned proceeding have been served on the following by deposit. in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of September, 1979:
Charles Bechhoefer, Esq.,
Chairman*
Atomic. Safety and Lice'nsing Board'anel U.S. Nuclear R'egulatory Commission Washington, D.C.
20555 Mr. Glenn 0. Bright*
Atomic Safety and Licensing Board Panel V.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Oscar H. Paris*
Atomic Safety and Licensing Board Panel V.S. Nuclear Regulatory Commission
'Washington, D.C.
20555 Jay Silberg, -Esq.
Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036
~ Dr. Judith H. Johnsrud Co-Director Environmental'oalition on Nuclear Power 433 Orlando Avenue State
- College, PA 16801 Mr. Thomas M. Gerusky, Director Bureau of Radiation Pro tecti on Department of Environmental-Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, PA 17120 Ms. Colleen Marsh Box 538A, RDd4 Mountain Top, PA 18707 Mrs. Irene Lemanowicz, Chairperson The Citizens Against Nuclear Dangers P.O.
Box 377 RDPl
- Berwick, PA 18503
Susquehanna Environmental Advocates c/o Gerald Schultz, Esq.
500 South River Street Hilkes-Barre, PA 18702
'Atomic Safety and Licensing Appeal Board Panel*
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Sa fety and Licens ing Board Panel*
U.S. Nuclear Regulatory Coranission Washington, D.C.
20555 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Bryan A. Snapp, Esq.
Pennsylvania Power 5 Light Company Two North Ninth Street Allentown, PA 18101 Mr. Robert M. Gallo Resident Inspector P.O.
Box 52 Shickshinny, PA 18655 James M. Cutchin, IV Counsel for NRC Staff