ML18025A021

Encp Response to Staff Motions Dated October 9, 1979

ML18025A021
Person / Time
Site:	Susquehanna
Issue date:	10/13/1979
From:	Kepford C Environmental Coalition on Nuclear Power
To:	Office of Nuclear Reactor Regulation
References
Download: ML18025A021 (5)

Text

ENVIRONMENTALCOALITION ON NUCLEAR POWER

/

Co Directore: her. George Boorntrrta-R.D. <<1, Peach Bottom,.Pa. 17563 717.546-2636 lr s-Dr. Judith Johntrud-433 Ort<<tdo Avtt , Stra College Pg@OFB 749GO UNITED STATES OP AMERICA ~~tr~t NUCLEAR REGULATORY COMMISSION Xn the Matter of

)

Pennsylvania Power and Light Company Docket No. 50-387

) 5O-388

)

Allegheny Electric Cooperative, Xnc.

{Susquehanna Steam Electric Station, )

Units 1 and 2)

ECNP Response to Staff Motions dated. October 1 (a -i3-7t By a motion dated. October 9, 1979, the NBC Staff would have u

this Board. expel the ECNP {and by a previous motion, CA%)

Xntervenors from the proceedings. Ve stre~~~ ob]ect to this attempted shabby abuse at the hands of the NBC Staff and. move the 3oard to deny the Staff's motion. ECNP represents aaay citizens in Pennsylvania who were thoroughly terrorized. and. tram tlzed by the Class 9 accident at TMX-2 as mell as individuals and organi-

'zations who 11ve near Susquehanna 1 and. 2. The review and analysis of TMX-2'y the Staf'f failed, utterly and. completely, to prevent that accld.ent, failed. to assess honestly and. accurateLy'he in-plant instrumentatlon, offslte monitoring capabilities, and 1

emergency preparedness ..

1 Ne note he e there has yet been no investigation by any body that we know of to determine the extent of Ne p<<aJury involved ln the licensing proceedings for TMI-2 on the pa t of the Applicant, Commonweal~ and, the NRC Staff.

h transparent'fforts of the Staff to now cr~-e insurmountable he=ales for those same parties (ECNP and. its moxber groups in TN-2) who pointed. out these T~-2 deficiencies which w re found. by un-fortanate experience to be true and. real, for ".he now obvious pu"pose of requesting the dismissal of'CNP fry this proceeding, are reprehensible, scandalous, insulting, and., we believe, illegal.

The Staff has an obligation, above all o-.hers, to protect t¹ health and safety of the public. Xn the l'.g~t of the failure of the S"aff at TMZ-2, these actions by the NB" Staff have all the ea~rks of a vic1ous vendetta against these I"tervenors. Ve, in tu"n, d.o n'ot have the seeming 1nfinite resourc.s for harrassment and. epression which are so clearly'vailable to he NRC Staff.

Ou" esources are severely limited. and. are in "e d of conservation

'n order to maxi.mize our positive contribution to these proceedings.

ZncMng this, the Staff demands in a most l shri tone that ECNP prostrate itself by responding repeatedly to tr e Staf f 's totally un'anted. interrogatories.

Since all efforts of the NRC Staff in th's proceeding have be n to harrass and hound. relentlessly'll int rvenors, we can only'"n to the Board for protection from these 11 -'tend.ed. attacks.

Ve ask that this BoarL exercise 1ts power and. "estral.n the NRC Staff from its attacks upon the Zntervenors 1n this proceeding.

We have twice answered the Staff's inter=oratories, only'o i~d. that our answers are unsatisfactory. We ~ only conclude that our answers will approach acceptability o"~~ when our meager resources have been thoroughly'quand.ered. and ve are . unable "o continue. Again, we are powerless to resist this onslaught if "he Board. chooses to condone 1t. These proceed.~s offer the on~~

chance we have available to us as citizens (however 'slim tea chance ls) to protect our lives and. properties from another Ml-2 accld.ent or worse. Yet, out of sheer vindictiveness, the KZC Staff would deprive us of even that opportunity.

Now the NBC Staff d.emands yet a third, answer to its ln er-rogatorles,. and still refuses to comply with the >CHP requests

~ '4 for document;s, save one document forwarded, which contains I

illegible tables.

Beyond supplying only one document to ECNP,'he extent of information offered the Staf'f ls to give addresses wher'e materials can be purchased. by ECNP. Again, exhaust'ion of our meager resources 2

unnecessarily ls the obvious Staff goal. The Staff has made no documents "available" to ECNP and. will not, we believe. J'ther t

unless this Board forces such equity. Those other documents, and.

information requested., and. questions asked., remain safely cloistered.

ln Washington, D.CD lf there ls any party that has demanded answers ac@.provided none, lt is none other than the NBC Staff, and lf any party ls to be expelled from this proceeding, lt should. be the Staff .

These Zntervenors have complied. with the Board.'s Orders and twice answered the Staff's interrogatories ln good faith. The response of the Staff, while'withholding from ECNP the information 4 ~

and. all but one document ECNP requested., ls yet another siege of questions to be answered. Me submit that the burden xe have borne already ln this proceeding in responding to the Staff ls wholly out of proportion to that burden so far successfully avoided by the Staff. To further magnify this imbalance, the Staff has e"orcus 2

See ECNP's letter to Samuel Chilk, Secretary of the Commlssf.on, dated. September 27, 1979.

~ ~

flnanclal and. legal resources behind, it, EGA does not.

Ve therefore recuest that this Board. ord.er the NBC Staff to call off its transparent campaign of'xhausting the Xnter-venors ln this proceeding so that we may reserve enough strength to prepare our case ln ti s proceeding without constant harrassment

~

Qy the NRC Staff. Ve have complied. with the Staff's repeated.

requests ln good faith; the Staff has replied, with misrepresentation, misstatement of fact, evasion and. delay. The public .interest would.

not be served. by the expulsion from this proceeding of Intervenors, who, with meager resou"ces, have repeatedly d.emonstrated. flaws in the ana~es.'f the Staff in other NRC proceedings. Nor ls the public interest served'by the continuing ha rassment and. prostration of these Intervenors by the HBC Sta f.. Ve urge the Board. Co recognize Che reality of this situation. Tne Staff and. the counsel for Applicant are atte"ptlng Co force these Xntervenors out of this proceeding to pre"ent a repetition of the humiliation both suffered. at the TNI-2 proceeding. We urge the Board. carefully to ead. our past filings, to read. Che Staff's auestions (and. the Applicant's), to read. ou responses to come Co grips with the magni-tude of these demands, and to Judge for itself (rather than Just agreeing with the Staff) the quality of answers, and. compare those efforts with those of the Staff in response to the requests of 3

ZCNp. Under Part 2.74(c), we repeat our equest for a protective ord.er from the relentless hurd.ensome harrassment by'he HBC Staff.

Respectful+ submitted.,

Ng//5//pe Chauncey'f'o d Legal Representative:af, the Inter venors 3

CNP incorporates by "eference ln tnzs Response its,previous filings on this subJect in this proceeding.

CERTIFICATE Of SERVICE I hereby ce..tify that copies of ECNP RESPONSE TO STAFF MOTIONS DATED 0:TDBH? 9. 979 have been served on the followin by d posit in the U. S. 8~i;, First Class, postage paid, on this 3 day of October, 1979:

Ch ries -"echhoefer, Esquire Docketing and Service Section Ch irm=-n, ASLB Panel Office of the Secretary U.S. N:". ear Regulatory Commission U.S. Nuclear R gulatory Comnission t'ashin:tcn, D.C; 20555 Washington, D.C. 20555 Yr; Glenr. 0. Bright Jay Silberg, Esquire C.SLB Pan 1 Shaw, Potts, Pittman, and Tro~-'.e.idge L.'.S. N.cL ear Regulatory Ceanission 1800 M Street !lW

~r'ashin=ten, D.C. 20555 Washington, D.C. 20036 Dr. Oscar H. Paris Mrs. Irene Leranowitz Butz. Clzirperson C.S' Pan 1 Citizens Against Nuclear Danger L'.S. N, ear Reg latory Coranission P.O. Box 377, R.D. 1 kashinctcn, D.C. 20555 . Berwick, Pa. 18603 Atomic Safety h Licensing Board Mrs. Colleen Yarsh Panel 558 A, R.D; 4 U .S. N.". ear Regulatory Coamission . Mountain Top, Pa. 18707

'~ashin=t n, D.C. 20555 Gerald Schultz, Esquire C.tot",.ic Safety 5 Licensing Appeal Susquehanna En"ironmental Advccates Board Panel 500 South Rive." Street U.S. N ", ear Regulatory Cotnnission Milkes-Barre, Pa. 18702

~'ashin= -n, D.C. 20555 Thomas M. Gerusky, Director a~s Jf. Cutchin, IV, Esquire Bureau of Radi tion Protection G fice, mecutive Legal Director Department of Envirornental Ruources U.S. tLc.ear Regulatory Commission Corrmonweal th of Pennsylvania Vashin~n, D. C. 20555 P.O. Box 2063 Harrisburg, Pa. 17120 Chauncey Kep or Representative of ECNP Orlando Ave.

State College, Pa. 16801