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

ENVIRONMENTALCOALITIONON NUCLEAR POWER Co Directore:

her. George Boorntrrta-R.D. <<1, Peach Bottom,.Pa. 17563 717.546-2636

/

lr Dr. Judith Johntrud-433 Ort<<tdo Avtt UNITED STATES OP AMERICA NUCLEAR REGULATORY COMMISSION s

, Stra College Pg@OFB 749GO

~~tr~t 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 shri l tone that ECNP prostrate itself by responding repeatedly to tr e Staff'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-

~ '4 rogatorles,. and still refuses to comply with the

>CHP requests for document;s, save one document forwarded, which contains illegible I

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 J'ther documents "available" to ECNP and. willnot, we believe.

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 Intervenors 3

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

CERTIFICATE Of SERVICE I hereby ce..tifythat 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 Ch irm=-n, ASLB Panel U.S. N:". ear Regulatory Commission t'ashin:tcn, D.C; 20555 Yr; Glenr. 0. Bright C.SLB Pan 1

L.'.S.

N.cL ear Regulatory Ceanission

~r'ashin=ten, D.C.

20555 Dr. Oscar H. Paris C.S' Pan 1

L'.S. N, ear Reg latory Coranission kashinctcn, D.C.

20555 Atomic Safety h Licensing Board Panel U.S.

N.". ear Regulatory Coamission

'~ashin=t n,

D.C.

20555 C.tot",.ic Safety 5 Licensing Appeal Board Panel U.S.

N ", ear Regulatory Cotnnission

~'ashin= -n, D.C.

20555 a~s Jf. Cutchin, IV, Esquire G fice, mecutive Legal Director U.S. tLc.ear Regulatory Commission Vashin~n, D. C.

20555 Docketing and Service Section Office of the Secretary U.S. Nuclear R gulatory Comnission Washington, D.C.

20555 Jay Silberg, Esquire Shaw, Potts, Pittman, and Tro~-'.e.idge 1800 M Street

!lW Washington, D.C.

20036 Mrs. Irene Leranowitz Butz. Clzirperson Citizens Against Nuclear Danger P.O.

Box 377, R.D.

1

. Berwick, Pa.

18603 Mrs. Colleen Yarsh 558 A, R.D; 4

. Mountain Top, Pa.

18707 Gerald Schultz, Esquire Susquehanna En"ironmental Advccates 500 South Rive." Street Milkes-Barre, Pa.

18702 Thomas M. Gerusky, Director Bureau of Radi tion Protection Department of Envirornental Ruources Corrmonweal th of Pennsylvania P.O.

Box 2063 Harrisburg, Pa.

17120 Chauncey Kep or Representative of ECNP Orlando Ave.

State College, Pa.

16801