ML17138B320
| ML17138B320 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 05/22/1980 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8005230349 | |
| Download: ML17138B320 (6) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD May 22, 1980 In the Matter of
'ENNSYLVANIA POWER ALLEGHENY ELECTRIC (Susquehanna Steam Units 1
and 2)
)
)
AND LIGHT CO.
)
COOPERATIVE, INC.
)
)
Electri c Stati on,
)
)
Docket Nos.
50-387 50-388 NRC STAFF'S ANSWER IN OPPOSITION TO CAND'S MOTIONS DATED APRIL 30, 1980 Intervenor Citizens Against Nuclear Dangers (CAND) has filed a document, dated April 30, 1980, entitled "Citizens Against Nuclear Dangers Council on Environmental guality Motion et al.
and Replies to Applicants Inter-Dl rogatories."
In its filing CAND reouests that the Licensing Board:
1.
"direct the Applicants to comply )with CEg's recommendation that possible accidents be discussed more fully in environ-mental impact statements]
by promptly amending the Draft Environmental Statement, in the form of a supplemental oublication that openly and fully discusses the consequences of serious accidents, 2.
"order Allegheny Electric to resubmit that part of the UHV line impact study prepared separately.
. as a draft supplement to the Berwick DIS ~sic
~The document is dated April 30,
- 1980, and the certificate of service states that it was mailed on April 30, 1980.
However, the envelope in which it was received was postmarked May 2, 1980.
~~.e>>
8005 8 80 'Py P The NRC Staff opposes both motions.
The NRC. Staff, not the Applicants, is responsible for preparation of environmental impact statements.~
- Moreover, 2/
as another Licensing Board has held:
[T]he [Licensing] Board does not have the power to direct the Staff in the performance of its independent responsibilities, nor would it be appropriate to exercise such supervisory functions if we had the power to do so.
The Staff, among other documents, produces the Safety Evaluation Report (SER) and the Draft and Final Environmental Statements (DES and FES).
The studies and analyses which, result in these reports are made independently by the Staff, and licensing boards have no role or authority in their preparation.'
/
- However, the Staff believes that both of the matters of concern to Intervenor CAND either have been or will be adequately addressed by the Staff.
The Commission has recently decided that its Environmental Impact Statements shall include considerations of the environmental impacts attributable to accident sequences that lead to releases of radiation and/or, radioactive materials, including sequences that can result in inadequate coolinq of reactor fuel and to melting of the reactor core.
The Commission, on May 15, 1980, approved for publication in the Federal Register a "Statement of Interim Policy on Nuclear Power Plant Accident Considerations Under the National Environmental Policy Act of 1969.
As a result of the Commission's new policy, the Staff will include in the FES for the Susquehanna Steam Electric Station (SSES) an assessment of the environmental risks attributable to accident sequences that can result in inadequate cooling of reactor fuel and to melting of the reactor core.
10 C.F.R. 51.22 and 10 C.F.R. 51.26.
3/~ New En land Power Com an (NEP, Units 1
and 2), LBP-78-9, 7
NRC 271, 279-80 1978 This holding has been cited with approval by the Appeal Board.
Offshore Power S stems (Floating Nuclear Power Plants),
ALAB-489, 8 NRC 194, 202 fn. 25 1978 As soon as it is published in the Federal Register we will provide the Board and the parties with a copy.
The environmental impacts of the 500 kV transmission lines that CAND alleges were examined only by the Rural Electrification Administration also were assessed by the NRC Staff.
The report of the NRC Staff's environmental assessment appears as Appendix B to the DES for the SSES.
Thus, both of Intervenor CAND's requests should be denied.
Respectfully submitted, James M. Cutchin IV Counsel for NRC Staff Dated at Bethesda,
- Maryland, this 22nd day of May, 1980.
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 CAND'S MOTIONS DATED APRIL 30, 1980" 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 by deposit in the
.nuclear Regulatory Commission internal mail system, this 22nd day of May, 1980:
Charles Bechhoefer, Esq.,
Chairman*
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn 0. Bright*
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Oscar H. Paris*
Atomic Safety and Licensing Board Panel U.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 Coalition on Nuclear Power 433 Orlando Avenue State College, PA 16801 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, PA 17120 Ms. Colleen Marsh Box 538A, RD¹4 Mountain Top, PA 18707 Mrs. Irene Lemanowicz, Chairperson The Citizens Against Nuclear Dangers P.O.
Box 377 RD¹1
- Berwick, PA 18503 Susquehanna Environmental Advocates c/o Gerald Schultz, Esq.
500 South River Street Wilkes-Barre, PA 18702 Atomic Safety and Licensing Appeal Board Panel*
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 Atomic Safety and Licensing Board Panel*
U.S. Nuclear Regulatory Comnission Washington, D.C.
20555 Docketing and Service Section*
Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 James ti. Cutchin IV Counsel for NRC Staff