ML17341A202
| 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: |
| References | |
| NUDOCS 8106110282 | |
| Download: ML17341A202 (10) | |
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UNITED STATE OF AMERICA dJ<<9/98 NUCLEAR REGULATORY COMMISSION 4Q ~~N'Na~~
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of FLORIDA POWER AND =;LIGHT COMPANY (Turkey Point Nuclear Generating Units Nos.
3 and 4)
Docket Nos.
'50-250.
50-251 (Proposed Amendments co Facility Operating Licenses to Permit 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.
paragraph on p.
8 and first paragraph on p.
9 of the order.
Last 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.
p.
21 of the order.
First full paragraph on 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 of 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 b
e board 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 k
developed to enable to board to rule with finality on the subject
.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 Offices of 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 FLORIDA POWER 6c LIGHT (Turkey Point Nuclear Generating Units Nos.
and 4)
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COMPANY
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Docket Nos.. 50-250-SP 50-251-SP (Proposed Amendments to Facility Operating Licenses to Permit Steam Generator Repairs)
CERTIFICATE OF 'SERVICE I HEREBY CERTIFY that a true and correct copy of Exceptions to Decision and Notice of Appeal
'1d 8'
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198 to the following addresses:
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 Miami, Florida 33176 Harold F. Reis, Esq.
Steven P. Frantz, Esq.
Lowenstein,
- Newman, Reis 6 Axelrad 1'025 Connecticut
- Avenue, N.W.
Washington, D.
C.
20036 D~~
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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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