ML17250A330

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Order Denying Applicant Motion to Dismiss MR Slade Intervention.Admits MR Slade Contentions Except C,G & H. Certificate of Svc Encl
ML17250A330
Person / Time
Site: Ginna Constellation icon.png
Issue date: 03/25/1977
From: Luton E
Atomic Safety and Licensing Board Panel
To: Slade M
AFFILIATION NOT ASSIGNED, ROCHESTER GAS & ELECTRIC CORP.
Shared Package
ML17250A329 List:
References
NUDOCS 8006180010
Download: ML17250A330 (14)


Text

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UNITED STATES OF AMERICA NUCUWR REGULATORY C(MISSION BEFORE THE AXON SAR".TY AND LICBlSIN BOARD In the Natter of ROCHESTER CAS AND ELECZRIC CORPORATION (R. E. Ginna Nuclear Power Plant, Unit No. 1)

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Docket No. 50-244

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'ORDER The Regulatory Staff and Intervenor Michael R. Slade have agreed upon a stateaent of contentions to be asserted by the Intervenor in this case.

The Applicant opposes the intervention and has moved to strike all of the Intervenor's contentions.

The agreeaent between the Staff and Intervenor Slade states the following:

"Upon approval of these stipulated contentions by the Board, all contentions previously subnitted by I

intervenor shall be deemed withdrawn".

The Applicant correctly points out that such an attempted reservation by the Intervenor is sorrewhat ambiguous.

In the Board's view, however, the only contentions presently being asserted are those stated in the Intervenor's written agreement

'with the Regulatory Staff.

All other statenents of contentions are deemed I

to be withdrawn.

The Applicant's mtion to dismiss the petition is denied.

The Board's ruling on each of the contentions follms.

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Contentions C, ~G, and H are rejected as issues in controversy because each of them is vague and lacking in particularity.

The ranaining contentions are admitted, as follows:

Cont'ention A The Applicant's quality assurance program is inadequate and/or fails to conform to 10 CFR Part 50, Appendix B criteria because:

a) it has not corrected ae1Zunctions of electric type valve operators; b) the main steamline isolation valves do not meet minunum code requirements for wall thictnesses; and c) criterion Z is not met in that there is an inadequate operations program for inspection of activities affecting quality.

Contention B

Applicant has not deaanstrated conformance with the amended ECCS criteria as determined by the AEC in Docket RM-50-1.

Contention D

The Applicant is in violation of applicable Federal and New York State water quality standards in that it does not possess an exemption for the discharge of water at

temperatures of 23.4'F above ambient as described in the FES, pp. 3-7, sec. 3.4.1.

Contention E

The NEPA analysis for the facility is inadequate because it fails to adequately consider the effect of cold shock on lake biota resulting from emergency shutdown of the facility, and because it fails to adequately consider the. effect of cold shock on lake biota as a result of recirculation of discharge water into the intake water during the winter when lake ambient temperature falls below 37'F.

'Contention F The FES is inadequate because it fails to treat the following energy conservation alternatives:

a) ending special discounts for large volune electrical use; b) increasing electrical pricing in order to decrease demand; c) implementation by the Applicant of maximum lighting levels per square foot by its custaners; d) setting insulation standard; for new and old customers; e) proanting energy efficiency labeling; f) discouraging electric space heating and air conditioning (in climatic conditions that do not require it); and

g) pe~ or danmd load flattening techniques including of day metering charges, load stagge md/m selective load shedding.

Contention I Applicant has failed to submit an adequate site contiagency plan because the Applicant has.failed to apprise the popu-lation of the existence of the site contingency plan and what woU1c1 be required of the surrounding population if the plan had to be implemented.

Contention J Applicant has failed to provide flood protection against maxim high water levels shown to have occurred or to have been projected for Lake Ontario.

Contention K Applicant's radwaste systems manageaent program is inadequate because it does not keep releases to a level as low as reasonably achievable.

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'5-The State of New York shall participate in this proceeding as an interested State pursuant to 10 CFR g2.715(c).

SO ORDERED.

THE AT(MIC SM."EIY AND LICEHSBlG BOARD T

Dated at Bethesda, Maryland this 25th day of March 1977.

Luton; Chairman

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before'he Atomic Safet and Licensin Board In the Matter of ROCHESTER GAS AND ELECTRIC CORPORATION (R.E. Ginna Nuclear Power Plant, Unit No.

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Docket No. 50-244 CERTIFICATE OF SERVICE I hereby certify that I have served a document entitled "Licensee's

Response

to Request for Status Report on Proceeding" with one attachment, an Atomic Safety and Licensing Board Order dated 25 March 1977, attached

thereto, by mailing copies thereof first class, postage
prepaid, to each of the following persons this 2nd day of June, 1980:

Herbert Grossman, Esq.

Chairman Atomic. Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.-

20555 Dr. Richard F. Cole Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Emmeth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Edward G. Ketchen, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Mr. Michael L. Slade 12 Trailwood Circle Rochester, New York 14618 I

Supervisor Town of Ontario 107 Ridge Road West

Ontario, New Y'ork 1 451 9 Jeffrey, Cohen, Esq.

New York State Energy Office Swan Street Building, Core 1

Second Floor, Empire State Plaza

Albany, New York 1 2223

Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Chairman Atomic Safety and Licensing Appeal Panel-U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Ro ert S.

Faron

LeBoeuf, Lamb, Leiby 6 NacRae Attorneys for Rochester Gas and Electric Corporation