ML17138B322
| ML17138B322 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 05/21/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Environmental Coalition on Nuclear Power, NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), PENNSYLVANIA POWER & LIGHT CO. |
| References | |
| ALAB-593, NUDOCS 8005270655 | |
| Download: ML17138B322 (8) | |
Text
1 UNITED STATES OF AMERICA.
NUCLEAR REGULATORY COMMISSION w /(
ATOMIC SAFETY AND LICENSING APPEAL BOARD Richard S.
- Salzman, Chairman Dr. John H. Buck
~g $9$
Thomas S.- Moore
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<D QI gjggEO CNgzy Mao MAY.Q2 18Q.
e Office of (he.g Occam,(;'ciefeg
,r C
In the Matter of PENNSYLVANIA POWER 6 LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE, INC.
(Susquehanna Steam Electric Station, Units 1 and 2)
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Docket Nos.
50-387
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50-388
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Dr. Judith H. Johnsrud, State College, Pennsylvania, for intervenor Environmental Coalition on Nuclear Power, petitioner.
Mr. Ja E. Silber
, Washington, D.C., for Pennsylvania Power and Lz.g t Co.
and Allegheny Electric Cooperative, Mr. James M. Cutchin, IV, for the Nuclear Regulatory Commission staf f.
MEMORANDUM AND ORDER May 21, 1980 (ALAB-593)
The Environmental Coalition on Nuclear Power
(,"ECNP") is
-one intervening party in this operating license proceeding now pending before the Licensing Board.
This intervenor is not,
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- however, represented by counsel.
On March 15, 1980, ECNP filed a
"Request,
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- for Consideration of Actions of an Atomic Safe'ty
4 and Licensing Board and Other Matters" directly with the Commissioners.
On May 16th the Commission referred inter-
'I venor's papers and the opposing parties'esponses to us for appropriate action.
CLI-80-17, 11 NRC Intervenor's "Request" alleged that, it was being unfairly harassed by applicant's discovery tactics and by a series of Licensing Board rulings on discovery and scheduling matters.
The recpxest is essentially an endeavor to obtain interlocu-tory review of those rulings.
Interlocutory appeals are generally not permitted as a
matter of right under the Rules of Practice.
Charges of the sort intervenor levels here are normally subject to appellate review at the.end of the case when (and if) an appeal is taken from the Licensing Board's r
final decision.
We may,as'"ama'tte'rof
'd'iscretion, elect to entertain such matters now under our authority to "direct certification" of important issues that. arise before a licen-sing board.
10 C.F.R. 552.718(i) and 2.785(b) (1).
As we have but recently reiterated.,
however, "[o]ur decisions establish that discretionary interlocutory review will be granted only sparingly, and then only when a licensing board's action either (a) threatens the party adversely affected with immediate and seri-ous irreparable harm which could not be remedied by a later appeal,
or (b) affects the basic structure of the proceeding. in a pervasive or unusual manner."
Public Service Electric and Gas Co.
(Salem Generating Station, Unit 1), ALAS-588, 11 NRC 1/
(April 1, 1980) (slip opinion at 7-8).
And we are particularly reluctant to intrude into the conduct of a licensing board hearing in progress where the dispute is only over such preliminary questions as the manner of receipt of 2/
evidence or the conduct of discovery..
s In the matter before us, directed certification is sought on allegations of extreme harassment resulting from assertedly abusive and burdensome discovery obligations imposed upon intervenor by the Board below at the applicant's instance.
To give but one example, ECNP claims in the papers it, filed on March 15th that the Licensing Board has required it to respond to "some 2700 interrogatories
[served]
upon
[ECNP]" by the applicant.
- However, ECNP filed its request for review some time ago; in the interim the Licensing Board has made additional rulings and entered other orders modifying intervenor's dis-3/
covery 'obligations.
The effect of these rulings may have 1/
- Accord, Pu et Sound Power and Li bt Co.
(Skagit Project, Unats 1 and 2), ALAS-572, 10 NRC 693 (1979); Public Service Co. of Indiana (Marble Hill, Units 1 and 2), ALAB-405, 5
NRC 1190, 1192 (1977).
2/
E.g.,
Long Island Lighting Co.
(Jamesport Station, Units 1
and 2), ALAB-318, 3
NRC 186 (1976);
The Toledo Edison Co.
(Davis-Besse Station, Unit 1), ALAB-314, 3
NRC 98 1976 3/
These are memorialized in Licensing Board Memoranda dated March 27, 1980; April ll, 1980 (LBP-80-13, "Second Pre-hearing Conference Order" ); and May 8, 1980.
substantially alleviated, if not mooted, intervenor's complaints; ECNP therefore may no longer need or desire to press its allega-tions or to seek the interlocutory relief.demanded in its March 15th filing.
Accordingly, before we proceed with our consideration of this. matter, within 10 days of the date of this order ECNP is directed to inform us concisely (1) the extent to which the allegations contained in its March 15th request have been affected by the more recent Licensing Board rulings we have
- cited, and (2) whether (and if so, to what extent) it continues to seek the nine categories of relief it requested in those papers.
Within 10 days after ECNP provides that advice, the applicants and the staff (unless the intervenor withdraws its request for relief) shall (1) also answer the first question we addressed to the intervenor and (2) respond to the inter-venor's allegations on the merits.
Xt is so ORDERED.
FOR THE APPEAL BOARD C.
Je Bz shop Secret ry to the Appeal Board
UNITED STATES OF AMERICA NUCLEAR REGULATORY COtltlISSION 0
COt1t1I SS IONERS:
John F. Ahearne, Chairman Victor Gilinsky Richard T. Kennedy Joseph H. Hendrie Peter A. Bradford OcCK.:.Tio o.r;~c 8
MAY16 1980 ~
Office of the Secretary Qoctretlng Ea Service In the Hatter of PENNSYLVANIA POWER AND LIGHT CO.,
et al.
(Susquehanna Steam Electric Station, Units 1 and 2)
Docket Nos.
50-387 50-388 ORDER (CLI-80-'I7)
The Commission has received and evaluated the Environmental Coalition on Nuclear Power's (ECNP)
"Request to the NRC Commissioners for Expedited Con-sideration of Actions of an Atomic Safety and Licensing Board and Other Matters."
That request seeks the Commission's involvement in the Susquehanna licensing proceeding with respect to the entry of discovery protective orders, disqualification and reconstitution of the Licensing Board, and other similar relief.
Because the Commission does not believe that there are such excep-tional circumstances which warrant the extraordinary involvement of the Com-mission at this stage of the proceeding,'he Commission declines to act on the request but refers the matter to the Atomic Safety and Licensing Appeal Board t
t for appropriate action.
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The Commission's Rules of Practi'ce contemplate that requests for relief, such as those in ECNP's filing, be directed to the Appeal Board, which functions
~ as the Commission's delegate for these matters.
In appro-priate circumstances, that Board may stay the effect of Board decisions, 10 CFR 2.788, and may act on disqualification motions, 10 CFR 2.704.
The Appeal Board may also consider whether a basis exists for interlocutory re-'iew and appropriate relief.
Pu et Sound'Power and Li ht Co. (Skagit Nuclear Power Project),
ALAB-572, 10 NRC 693, 695 n.5 (1979).
Accordingly, the Commission refers ECNP s filing, together with the responses filed by the applicant and NRC staff, to the Appeal Board for appropriate action.".
It is so ORDERED.
Fot the Commission Dated at Washington, DC, this 16th day of May 1980;.
/
SAMUEL J.
CHi LK Secretary of the Commission
, i'
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Section 201 of the Energy Reorganization Act, 42 U.S.C.
5841, provides that action of the Commission shall be determined by a "majority vote of the members present."
Commissioners Ailinsky and Kennedy were not present at the meeting at which this Order was approved.
Had they been present, they would have voted to approve this Order.
Accordingly, the formal vote of the Commission is 3-0.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS ION In the Matter'f PENNSYLVANIA POWER AND LIGHT COMPANY (Susquehanna Steam Electric Station, Units 1 and 2)
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Docket No. (s) 5O-387 50-388
~ 1 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the official service list compiled by the Office of the Secretary of the Commission in this proceeding in accor'dance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.
Dated at Washington, D.C. this day of'9'ffi e
o the Secretary of e Commission
In the Mat'ter of PENNSYLVANIA POWER AND LIGHT COMPANY, ET AL.
(Susquehanna Steam Electric Station, Units 1 and 2)
Docket No.(s) 50 387 50-388 UNITED STATES OF AMERICA NUCLEAR REGULATORY COiKISS ION
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SERVICE LIST Charles Bechhoefer,'sq.,
Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Judith H. Johnsrud Co. Director, Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Mr. Glenn O. Bright Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.
20555
'r. Oscar H. Paris
."- 'Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washingtori, D.C.
20555 Jay E. Silberg, Esq.
Shaw, Pittman, Potts
& Trowbridge 1800 "MY Street, N.W.
Washington, D.C.
20036 Pennsylvania Power and Light Company ATTN:'r. Norman W. Curtis Vice President Engineering and Construction 2 North Ninth Street Allentown, Pennsylvania 18101 Ms. Colleen Marsh 558A
'R.D.
84 Mount Top, Pennsylvania 18707 Mr.
Thomas J. Halligan Correspondent CAND P.O.
Box 5
Sacranton, Pennsylvania 18501 Gerald Schultz, Esq.
Susquehanna Environmental Advocates 174 Machell Avenue Dallas, Pennsylvania 18612 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P.O.
Box 2063 Harrisburg, Pennsylvania 17120 Albert E. Vogel, Jr.,
Esq.
Assistant Attorney General Dept. of Environmental Resources P.O.
Box 2357 Harrisburg, Pennsylvania 17120