ML18025A064
| ML18025A064 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 07/05/1979 |
| From: | Silberg J Shaw, Pittman, Potts & Trowbridge |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| Download: ML18025A064 (5) | |
Text
UNITED STATES OF AMERICA
( 8',,P9 NUCLEAR REGULATORY COMMISSION Before the Atomic Safet .and Licensin Board In the Matter of )
)
PENNSYLVANIA POWER AND LIGHT CO. )
and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVES INC- ) -388
)
(Susquehanna Steam Electric Station, )
Units 1 and 2) )
APPLICANTS'NSWER TO "CITIZENS AGAINST NUCLEAR DANGERS'OTION FOR BOARD RULING ON REVISION OF PRELIMINARY TIMETABLE" In a filing served on June 22, 1979, intervenor Citizens Against Nuclear Dangers (CAND) requested a revision of the preliminary timetable established by the Board in its Special Prehearing Conference Order for this proceeding.
Applicants oppose the CAND motion for the reasons set forth below.
First, CAND argues in its motion that it had not been presented with the preliminary timetable for comment or concurrence prior to the adoption of such timetable. See filing at 1. At the Special Prehearing Conference, Applicants made several suggestions for a. discovery schedule. See Tr. at 361-365. Other parties had the opportunity to comment on
Applicants'uggestions, and intervenor Environmental Coalition on Nuclear Power did in fact seek clarification regarding Appli-cants'uggestions. See Tr. at 364-365. CAND was free to comment on Applicants'roposals during the several weeks between the-Special Prehearing Conference and the Licensing Board's March 6, 1979, Order. Thus, CAND had ample opportunity to comment on the licensing schedule.
Second, CAND states that there has been an "informal 90 day suspension on some licensing proceedings" at the NRC as a result of events at Three Mile Island, Unit 2. See filing at 1.
Neither the Commission nor its staff has said anything which could be interpreted as halting licensing proceedings that are now underway before atomic safety and licensing boards. Even if the Commission has chosen not to issue new licenses for a three month period, which is presumably what CAND refers to, this provides no basis for delaying the prehearing procedures related to the Susquehanna plant.
Third, CAND mentions a "staff reorganization" at the NRC.
See filing at 2. While it is generally recognized that some staff of the NRC has been diverted to activities associated with the Three Mile Island accident, any delay in licensing activities for the Susquehanna plant which occurs as a result of this situation is implicitly accounted for by the present licensing schedule. This is due to the fact that subsequent rounds of discovery and the hearings themselves are tied to the staff's issuance of the Environmental Impact Statement
and the Safety Evaluation Report. Thus, if the diversion of NRC staff to activities related to Three Mile Island delays the completion of these staff reviews, the schedule for this proceeding will be "appropriately (and automatically)"adjusted.
Fourth, CAND mentions ongoing 'NRC activities to assess the lessons learned from events at Three Mile Island, and suggests that delay is necessary to take account of such lessons in pro-ceedings related to the Susquehanna'facility. See filing at 2.
To the extent that they are applicable, these "lessons learned" will of course be factored into this proceeding. CAND's argument also overlooks the fact that many of the contentions admitted in this proceeding are unrelated to lessons that may be learned from the Three Mile Island reviews now underway.
Applicants therefore believe that none of the reasons set forth by CAND justify a delay in the licensing schedule for the Susquehanna facility. The schedule that has been established by the Board provides ample opportunity for all parties to meet their obligations as participants in the proceeding. Applicants respectfully request that CAND's motion be denied.
Respectfully submitted, 0,
P TTMAN, POTTS &'ROWBRIDGE Jay E. Silberg Alan R. Yuspeh 1800 M Street, N.W.
Washington, D. C. 20036 Dated: July 5, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safet and Licensin Board In the Matter of )
)
PENNSYLVANIA PONER 6 LIGHT CO. )
and ) Docket. Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC. ) 50-388
)
(Susquehanna Steam Electric Station, )
Units 1 and 2) )
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Applicants'nswer to 'Citizens Against Nuclear Dangers'otion for Board Ruling on Revision of Preliminary Timetable'" were served by deposit in the U. S. Mail, First class, postage prepaid, this 6th day of July, 1979, to all those on the attached Service List.
J '. Silberg Dated: July 6, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Zn the Matter of )
)
PENNSYLVANIA POWER & LIGHT COMPANY ) Docket Nos. 50-387 and ) 50-388 ALLGEHENY ELECTRIC COOPERATIVE~ ZNC. )
(Susquehanna Steam Electric Station, )
Units 1 and 2) )
SERVICE LIST Secretary of the Commission Docketing and Service Section U. S. Nuclear Regulatory Commission Office of -the Secretary Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Charles Bechhoefer, Esquire Chairman Dr. Judith H. Johnsrud Atomic Safety and Licensing Co-Director Board Panel Environmental Coalition on U. S. Nuclear Regulatory Commission Nuclear Power Washington, D. C. 20555. 433 Orlando Avenue State College, Pennsylvania 16801 Mr. Glenn O. Bright Atomic Safety and Licensing Susquehanna Environmental Advocates Board Panel c/o Gerald Schultz, Esquire U. S. Nuclear Regulatory Commission 500 South River Street Washington, D. C. 20555 Wilkes-Barre, Pennsylvania 18702 Dr. Oscar H. Paris Mrs. Xrene Lemanowicz, Chairman Atomic Safety and Licensing The Citizens Against Nuclear Danger Board Panel Post. Office Box 377 U. S. Nuclear Regulatory Commission R. D. 1 Washington, D. C. 20555 Berwick, Pennsylvania 18603 Atomic Safety and Licensing Ms. Colleen Marsh Board Panel 558 A, R. D. ".'4 U. S. Nuclear Regulatory Commission Mt. Top, Pennsylvania 18707 Washington,. D C. 20555 I
Mr. Thomas*M. Gerusky, Director Atomic Safety and Licensing Appeal Bureau of Radiation Protection
'Board Panel Department of Environmental Resources U. S. Nuclear Regulatory Commission Commonwealth of Pennsylvania Washington, D C. 20555 P. O. Box 2063 Harrisburg, Pennsylvania 17120 James M. Cutchin, IV, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555