ML17341A202

Exceptions to ASLB 810528 Memorandum & Order.Nrc Should Be Bound by Ceq Regulations.Considering Use of Solar Energy & Conservation Was Not Assessed in Licensing Proceedings.Scope of Fes Is Broader than Ack.Certificate of Svc Encl

ML17341A202
Person / Time
Site:	Turkey Point
Issue date:	06/05/1981
From:	Chonin N CHONIN, N., ONCAVAGE, M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML17341A201	List: ML17341A200 ML17341A202
References
NUDOCS 8106110282
Download: ML17341A202 (10)

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD h

In the Mat ter o f Docket Nos. '50-250.

50-251 FLORIDA POWER AND =;LIGHT COMPANY (Proposed Amendments co Facility (Turkey Point Nuclear Generating Operating Licenses to Permit Units Nos. 3 and 4) Steam Generator Repair)

EXCEPTIONS TO DECISION Intervenor, Mark P. Oncavage, files the following exceptions to the Memorandum and Order dated May 28, 1981.

1. The board erred in ruling that the NRC was not bound by the regulations of the Council on. Environmental Quality. Last paragraph on p. 8 and first paragraph on p. 9 of the order.

2'. The board erred in ruling that consideration of the .use of solar energy and productive conservation was a replowing of the same ground previously assessed in NRC licensing procedures.

I Paragraphs one and two on p. 10 of the order.

3. The board erred in ruling that the scope of the FES encompassed the environmental impact analysis required by NEPA.

First paragraph on p. 11 of the order.

The board erred in ruling that the alternative commit-ment of resources suggested by the intervenor are remote and speculative possibilities. Last paragraph on p. 14 and first paragraph after the quotation on p. 15.

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5. The board erred in finding that when the repair. costs.

are compared with the costs of continued operation in a derated mode there will be a savings of 8380 MILLION. Last paragraph on p. 15 of the order.

6. The board erred in ruling that the alternatives of solar energy and productive conservation were beyond the scope of the required environmental review. First full paragraph on

p. 21 of the order.

7. The board erred in ruling that the PES contains a good fai'th reasonable review of alternatives as required by NEPA. 'irst full paragraph on p. '21 of the order. I

8. The board erred in ruling that the proposed steam" generator repairs do not materially alter the environmental impacts of the facility,or its. site.; Second paragraph

p. 22 o f the order.

'9. The board erred in assuming that Intervenor, by Contention 16,, means to refer to the environmental impact resulting from the interaction of a hurricane with steam generator repair activities. Last paragraph on p. 22 of the order.

10. Th e board b erred z.n ruling that contentions regarding conservation and solar energy are irrelevant and beyond the scope of issues that may be considered in, thi.'s license amendment proceeding. First paragraph on p. 28 of the order.

ll. The board erred in ruling that the issue of considering

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the alternative of productive conservation and solar energy in combination with derating the plant does not directly arise from the proposed amendment to the license. First paragraph on p. 28 of the order.

12. The board erred in ruling that the consideration of the alternatives of solar power and conservation would amount to an, irrelevant reconsideration of the need for power from Turkey. Point. First paragraph on p. 29 of'he order.

13. The board erred in summarily dismissing Contention 4B and simultaneously finding that the record is not sufficiently developed to enable to board to rule with finality on the subject k

.of storage of loosely stacked, sealed drums in roped off areas at the plant site. Footnote 54 on p. 37 and the f~rst paragraph 0

14. The board erred in ruling that Amendment 3 to Contention 1 does not state a cognizable contention. First paragraph on p. 22.

June 5, 1981 Law Of fices o f Neil Chonin, P. A.

Attorneys for Intervenor Suite 1400 Amerifirst Bldg.

One S. E. 3rd Avenue Miami, FL 33131 Tel: 305-377-3023 By NEIL 'H. CHONIN

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE'HE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Docket Nos.. 50-250-SP

) 50-251-SP FLORIDA POWER 6c LIGHT COMPANY ' }

(Proposed Amendments to (Turkey Point Nuclear ) Facility Operating Licenses Generating Units Nos. 3 ) to Permit Steam Generator and 4) ) Repairs)

CERTIFICATE OF 'SERVICE I HEREBY CERTIFY d~,

that a true and correct copy of Exceptions to Decision and Notice of Appeal

'1d 8' to the following addresses:

~d 198 Marshall E. Miller, Esq. Administrative Judge Chairman, Atomic Safety and Licensing Board Panel U'.S. Nuclear Regulatory Commission Washington, D. C., 20555 Dr. Emmeth A. Luebke, Administrative Judge atomic Safety-and-Licensing Board Panel-U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Oscar H. Paris,, Adminstrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Mark P. Oncavage 1'2200 S. W. 110th Avenue D~~

Miami, Florida 33176 gg usga JUg g ~gy~,

Harold F. Reis, Esq. OPi:e 0( <ge'g II Steven P. Frantz, Esq. <<Jie)fp Lowenstein, Newman, Reis 6 Axelrad 1'025 Connecticut Avenue, N.W. ~ $

Washington, D. C. 20036

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Steven C. Goldberg, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission washington, D. C. 20555 Atomic Safety and Licensing Board Panel U. S'. Nuclear Regulatory Commission Washington, D. C. 20555 Docketing and Service Section Office of the Secretary U. S. Nuclear Regulatory. Commission washington, D. C. 20555 Burt 'Saunders, Esq.

Assistant Dade County Attorney 1626 Dade County Courthouse Miami, Florida 33130 Henry H. Harnage, Esq.

Peninsula Federal Building 10th Floor 200 S. E. 1st Street Miami, Florida 33131 Norman A. Coll, Esq.

STEEL, HECTOR 6r, DAUIS Co-Counsel for Licensee 1400 S, E.:.1st.-Nat'ional=.Sank-Bld'g Miami, Florida 33131 LAN OFFICES'F NEIL CHONIN, P.A.

Attorneys for Intervenor Suite 1400 Amerifirst Bldg.

One S. E. 3rd Avenue Miami, Florida 33131 Telephone: 377-3023 Nei C onin

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