ML17207A702
| ML17207A702 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 12/12/1979 |
| From: | Anderson T, Hodder M ANDERSON, T.J., HODDER, M.H. |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8001020065 | |
| Download: ML17207A702 (7) | |
Text
)zhz p UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Licensing And Licensing Appeal Board Michael C. Ferrar, Chairman and presiding officer
)
)
FLORIDA POWER
& LIGHT COMPANY
)
(St. Lucie Nuclear Power Plant,)
Unit No.
2)
)
Docket No
'0-389 Motion In view of the Commission's order with respect to land based nuclear reactors, adopted September 14,
- 1979, intervenors move that this Appeal Board, enter an order 1.
Directing the staff to file a proposed supplement to the Final Environmental Statement
("FES") in this matter which either (a) gives consideration to the environmental conse-quences of possible class 9 accidents at the proposed St.
Lucie Unit No.
2 and recommends the weight to be assigned the resulting risk to the human environment in the Com-mission's determination of the environmental impact of a decision to license construction of the proposed plant at St. Lucie on Hutchinson Island; or 8001 080
(b) fully justifies'hy such consideration should not be given in this particular case; and 2.
Establishing prehearing and hearing procedures for a determination of the adequacy of the FES as supplemented.
ln the alternative, intervenors move that the Appeal Board enter an order either:
1.
staying completion of these proceedings until the Commission has received and acted upon the staff recom-mendations it requested for. interim modification of the interim guidance set out in the Annex, or 2.
certifying to the Commission as major and novel the questions of the standards to be applied by the staff'n determining in which "individual cases
. the environ-mental consequences of class 9 accidents environmental should be considered", the procedures by which such staff determinations are-to be reviewed-,
and how the Commission's order of September 14,
- 1979, is. to be implemented with respect to pending proceedings.
Xn. support of this Motion, inteivenors submit:
1.
On September 14', 1979, the. Commission announced its intention to complete generic. rule. making proceedings specifying the; environmenta1 consideration to be given
class 9 accidents with respect to land based nuclear plants
- and, pending completion of that process, directed the staff to "bring to our attention, any individual cases in which s
it believes the environmental consequences of class 9
accidents.
should be considered."
(Offshore Power Systems (Floating Nuclear Power Plants)
- NRC,
)
- Addendum, p.
8a*
(September 14, 1979).
2.
Since the Commission has now abandoned any generic prohibition against consideration of class 9 accidents, it must now either give, or provide a reasoned explanation for its refusal to give, such consideration in each individual case.
It cannot delegate unreviewable discretion to the staff.
3.
Because the order was entered prior to completion of these proceedings, the revised policy must be applied in these proceedings and it is appropriate for this Appeal Board to retain jurisdiction to dispose'f the factual (Peach Bottom Atomic Power Station, Unit 2 and
- 3) et al.,
ALAB-480, 7
NRC 796 (1978)'announcing procedures to be
- To facilitate reference to quoted language, a copy of the 0'ffsho're decision is included in the Addendum to thi's motion.
3
applied in these and other proceedings pending before Appeal Board with respect to "radon emission" issue) and proceedings
- herein, ALAB 537, 9
NRC (April 5, 1979)
(establishing procedures for. resolution of factual issues arising after Initial Decision).)
4.
In the alternative, the Appeal Board may wish to stay these proceedings pending consideration of staff recom-mendations for interim modification to interim class 9
policy.
(See Offsho're,
~su ra, Addendum at p.
8a, and Memo-randum of September 14,
- 1979, from Samuel Chilk, Secretary, to Lee Gossick, Executive Director for Operations, repro-duced in Addendum,
- p. 9a.)
5.
Again, in the alternative,. the Appeal Board may wish. to certify to the Commission as major and novel the questions arising from the application of the September 14 decision
,. to these proceedings pursuant, to 10 C.F.R. 55 2.730(f) and 2.785 (d).
(See,'ff eh'o're'ower'Sstenis (Floating Nuclear Power Plants)
ALAB-500, 8
NRC 323 (1978)
(procedure applied,).)
I-I H.
Martin H. Hodder 1131 N.E. 86th Street Miami, Florida 33138 (305) 751-8706 Respectfully submitted, lsi
- 7. a. R.
Terence J.
Anderson University of Miami School of Law Coral Gables, Florida 33134 (305) 284-2253 or 2971 Attorneys for intervenors
Cert i'fi'catef S'e'rvi'ce I hereby certify that on December I>, 1979, copies of the foregoing Motion were deposited in the United States mail, properly stamped and addressed to each of persons named in the attached Service List.
Martin H.. Hodder an attorney. for intervenors December ig
, 1979.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY
& LICENSING'PPEAL'OARD
)
)
FLORIDA POWER
& LIGHT COMPANY
)
Docket No. 50-389
)
(St. Lucie Nuclear Power Plant,
)
Unit 2)
SERVICE LIST Mr. Samuel J. Chilk Secretary, U,.S. Nuclear Regulatory Commission Attn:
Mr. C.R.
Stephens Chief Docketing and Service Section Washington, DC 20555 Michael. C. Ferrar, Esquire Chairman Atomic Safety
& Licensing Appeal Board Nuclear Regulatory Commission Washington, DC 20555 Edward Luton, Esquire Chairman Atomic Safety
& Licensing Board Panel Nuclear Regulatory Commis-sion Washington, DC 20555 Michael Glaser, Esquire Alternate Chairman Atomic Safety
& Licensing Board 1150 17th Street, N.W.
Washington, DC 20036 Dr.
W.
Reed Johnson Atomic Safety
& Licensing Appeal Board Nuclear Regulatory Commission Washington, DC 20555 Richard S.
- Salzman, Esquire Atomic Safety
& Licensing Appeal Board Nuclear Regulatory Commission Washington, DC 20555 Dr. Marvin M. Mann Technical Advisor Atomic Safety
& Licensing Board Nuclear Regulatory Commis-sion Washington, DC 20555 Dr,. David L. Hetrick Professor of. Nuclear:En-gineering University of Arizona
- Tucson, AZ 85721
Alan S. Rosenthal, Esquire Chairman Atomic Safety
& Licensing Appeal Panel Nuclear Regulatory Commission Washington, DC 20555 Dr.
Frank F. Hooper Chairman Resource Ecology Program School of Natural Resources University of Michigan Ann Arbor, MX 48104 Harold F. Reis, Esquire Lowenstein, Newman, Reis, Axelrod 6 To3.1 1025 Connecticut Ave., N.W.
Washington, DC 20036 Norman A. Coll, Esquire.
- Steel, Hector 6 Davis Southeast First National Bank Building Miami, FL 33131 William D'.- Paton, Esquire Counsel for NRC Regulatory Staff Nuclear Regulatory Commis-sion Washington, DC 20555 William J. Olmstead, Esquire Nuclear Regulatory Commis-sion Washington, DC 20555