ML17138B061

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Order Dismissing as Moot Citizens Against Nuclear Danger 800118 Motion to Admit 790110 Contention Re Low Level Radiation.Substance of Allegation Admitted as Contention in ASLB 790306 Order,At Pages 11-16
ML17138B061
Person / Time
Site: Susquehanna  Talen Energy icon.png
Issue date: 01/24/1980
From: Bechhoefer C
Atomic Safety and Licensing Board Panel
To:
CITIZENS AGAINST NUCLEAR DANGERS
References
NUDOCS 8002120334
Download: ML17138B061 (6)


Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

~

fg Qr ATOMIC SAFETY AND LICENSING BOARD Charles Bechhoefer, Chairman Dr. Oscar H. Paris, Member Glenn 0. Bright, Member f l~

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l. ~s In the Matter of PENNSYLVANIA POWER 6c LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE, INC.

(Susquehanna Steam. Electric Station, Units 1 and 2)

),

Docket Nos.

50-387

)

50-388

)

)

)

),

ORDER (January'>,

1980)

By motion dated January 18, 1980 (received by us on January 24, 1980),

CAND asks us to admit one of its contentions

which, I

it asserts, we have not previously dealt with. It claims that our "cryptic" Order of March 6, 1979 (LBP-79-6,.9 NRC 291)

(an order which occupied some 85 typewritten and 39 printed pages) neglected to deal with the contention CAND submitted on January 10, 1979, dealing with the health effects of low-level radiation.

CAND must have failed either to read or to comprehend our March 6 Order.

In that Order, we assigned the January 10 conten-tion in question the number 15 (see 9

NRC at 296; slip op. p. 5),

We had earlier discussed that contention at the prehearing con-ference (Tr. 355-56) and we. discussed it again in our Order (9

NRC at 299-301; slip op. pp. 11-16),

along with several related s ooaxgg gg~ Q

contentions submitted by various parties, including CAND.

The contention was admitted as part of the following contention which encompassed the related contentions submitted by various parties and which, insofar as, relevant to CAND Contention '15; reads as follows:

2.

The residual risks of low-level. radiation which will result from the release from the facility of radionuclides

- + - have not been, but must be adequately assessed and factored into the NEPA cost-benefit balance before the'plant is allowed to go into operation.

CAND also requests that we rule on its motion dated January 11, 1980.

Our Order of January 16, 1980 did so.

(The result of

'hat Order was conveyed to CAND by telegram on January 16, 1980.)

CAND's motion is dismissed as moot.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Charles Bec oe er, Chairman Dated at Bethesda,

Maryland, this 24th day of'anuary, 1980.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Charles Bechhoefer, Chairman Dr. Oscar H. Paris,. Member Glenn 0. Bright, Member D

IP g C

p,QQ" 4

) I

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pari@ 0~

y @~st.~

U s ~e(f Q ~

In the Matter of PENNSYLVANIA POWER and

'LLEGHENY ELECTRIC (Susquehanna Steam Units 1 and 2) 6c LIGHT COMPANY COOPERATIVE, INC.

Electric Station,

)

)

)

)

)

)

Docket Nos.

50-387 50-388 ORDER (January 2V, 1980)

By motion dated January 18, 1980 (received by us on January 24, 1980),

CAND asks us to admit one'f its contentions

which, it asserts, we have not previously dealt with. It claims that our "cryptic" Order of March 6, 1979 (LBP-79-6, 9 NRC 291)

(an order which occupied some 85 typewritten and 39 printed pages) neglected to deal with the contention CAND submitted on January 10, 1979, dealing with the health effects of low-level radiation.

CAND must have failed either to read or to comprehend our March 6 Order.

In that Ordex, we assigned the January 10 conten-tion in question the number 15 (see 9

NRC at 296; slip op. p. 5).

We had earlier discussed that contention at the prehearing con-ference (Tr. 355-56) and we. discussed it again in our Order (9

NRC at 299-301; slip op. pp. 11-16),

along with several related

contentions submitted by various parties, including CAND.

The contention was admitted as part of. the following contention which encompassed the related contentions submitted by various parties and which, insofar as relevant to CAND Contention 15, reads as I

follows:

2.

The residual risks of low-level radiation which will result from the release from the facility of radionuclides

"- + have not been, adequately assessed and factored into the NEPA cost-benefit balance before the plant is allowed to go into operation.

CAND also requests that we rule on its motion dated January 11, '1980.

Our Order of January 16, 1980 did so.

(The result of that Order was conveyed to CAND by telegram on January 16, 1980.)

CAND's motion is dismissed as moot.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Charles Bechhoefer, C airman Dated at Bethesda,

Maryland, this 24th day of January, 1980.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Charles Bechhoefer, Chairman Dr. Oscar H. Paris, Member Glenn 0. Bright, Member In the Matter of PENNSYLVANIA POWER 6c LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE, INC.

(Susquehanna Steam Electric Station, Units 1 and 2)

)

)

3 Docket Nos.

50-387 50-388

)

)

)

)

ORDER (January

.K, 1980)

By motion dated January 11, 1980, received by us on January 15,

1980, CAND filed a motion for us to reconsider our Orders of October 30, 1979 and January 4, 1980.

Those Orders had the effect of,alleviating, although still imposing, certain discovery obliga-tions upon CAND.

Upon receipt of CAND's motion, we requested the Staff counsel (Mr. Cutchin) to attempt to arrange a conference call to discuss various points raised in the motion.

This. morning (Wednesday, January 16), Mr.

cuerp>~

informed us that he had contacted Mr.

Thomas J. Halligan, CAND's representative, to advise CAND of the conference call and that Mr. Halligan had declined to participate in any such call but insisted upon being contacted only in writing.

In line with Mr. Halligan's request, CAND is hereby notified

~

that its motion, which includes no information that we have not

'p/~,

already considered, is denied.

Given Mr. Halligan's refusal to participate in a discussion concerning the outstanding discovery obligations, CAND is hereby reminded that it must respond to the Applicants'nd Staff's discovery requests by Friday, January 18, 1980 (the date established in our Order of December 6, 1979).

As provided by our Order of October 30, 1979, failure to respond will result in CAND's being barred from presenting direct testimony on the contentions for which responses are xequired by January 18, and such failure may also be grounds for dismissing CAND from the proceeding.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Charles Bechhoe er, Chairman Dated at Bethesda,

Maryland, this 16th day of January, 1980.