ML18025A734
| ML18025A734 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 07/09/1979 |
| From: | Silberg J, Yuspeh A Pennsylvania Power & Light Co, Shaw, Pittman, Potts & Trowbridge |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| Download: ML18025A734 (8) | |
Text
0>/0 pdI UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safet and Licensin Board In the Matter of PENNSYLVANIA POWER AND LXGHT CO.
and ALLEGHENY ELECTRIC COOPERATXVE, INC.
(Susquehanna Steam Electric Station, Units 1 and 2)
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Docket Nos.
50-387
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50-388
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APPLICANTS'ESPONSE TO LICENSING BOARD MEMORANDUM AND ORDER OF JUNE 18, 1979 On June 18, 1979, the Board issued a Memorandum and Order inviting the views of the parties in this proceeding on whether certain new Commission regulations related to the physical pro-.
tection of spent fuel in transit are a basis for modifying earlier Board determinations on the admissibility of proposed intervenor contentions.
See Memorandum and Orde'r, June 18, 1979.
Applicants have reassessed the contentions of Susquehanna Environ-mental Advocates
("SEA"), Citizens Against Nuclear Dangers
("CAND"),
and Colleen Marsh, et. al., identified in the Memorandum and Order in light of the new regulations.
Having done so, Applicants con-elude that the Board determinations on these contentions in its s
Special Prehearing Conference Order are correct and should be maintained.
On June 15,
- 1979, an "interim final rule" of the NRC was published in the Federal Receister.
44 Fed.
Reg.
34466.
,The pur pose of this rule was to establish requirements for physical pro-tection of spent fuel in transit.
The rule requires that the NRC be notified of such shipments, that the route of shipment be ap-
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proved, that heavily populated areas be;avoi.'ded, arid that other physical security requirements be 'met.
Any spent fuel shipments by Applicants would of course have, to comply with all the require-ments of the rule.
The cited contentions of CAND and Ms. Marsh regarding off-site transportation did not relate to sabotage.
CAND's concern in its contention 512 related to roadbed condition and transportation safety.
See CAND filing dated January 8, 1979.
Ms. Marsh in con-tentions 1C, 2C, and 4C generally asserted that Applicants had failed to provide "adequate plans 'for safe transportation in con-nection with radioactive materials...."
Supplement to Petition for Leave to Intervene of Colleen Marsh et al.,
dated, January 12, 1979.
Neither of these intervenors appear to have raised an, issue on the possible sabotage of spent fuel shipments.
- Thus, the promulgation of the interim rule should have no bearing on the Licensing Board's dismissal of these contentions.
SEA's contention, on the other hand, did mention safeguarding the shipment of radioactive materials, asserting that Applicants'nvironmental Report "jdoes] not mention what safeguards are being implemented and whether the government or private [industry] is handling the design and implemention of these safeguards."
SEA Amended Petition for Leave to Intervene.
Notwithstanding SEA's specific reference to transportation safeguards, the Licensing Board's rejection of this contention is still appropriate.
The promulgation of the interim regulation, if anything, strengthens the arguments for rejection.
Since NRC has now set forth explicitly the steps that are required for the physical security of spent fuel transportation, a challenge to the adequacy of those requirements is,
inappropriate for this proceeding and can only be considered under the procedures spelled out in 10 CFR 52.758.
In the "Staff's Comments As To The Effect of the New Rule....",
dated July 2, 1979, the Staff stated its belief that intervenors may reasonably be given an opp'ortunity, after issuance of the Staff document setting forth the Staff's conclusions about the Applicants'lans for implementing this new rule, to seek to raise appropriate contentions.
Since Applicants do not now intend to ship spent fuel for several years after the facility begins operation, arrangements t'o implement these regulations which Applicant would develop will not be finalized until such. time as spent fuel is to be shipped.
Thus, Applicants would'not anticipate that there would be any "new information" beyond the regulations themselves on which contentions could be based.
- And, as noted above, contentions challenging the regulations would be sub-ject to 10 CFR
$2.758.
For these
- reasons, Applicants respectfully submit that the interim regulations for physical protection of spent fuel shipments do not warrant modification of the Special Preheaiing Conference Order.
"Respectfully submitted, SHAW, PITTMAN, POTTS 6
TROWBRIDGE By Ja lberg Al R.
uspeh 1800 M Street, N.
W.
Washington, D. C.
20036 (202)331-4100 Dated:
July 9, 1979
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safet and Licensin Board In the Matter of PENNSYLVANIA POWER and ALLEGHENY ELECTRIC (Susquehanna Steam Units 1 and 2)
AND LIGHT CO.
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COOPERATIVE, INC.
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Electric Station,
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Docket Nos.
50-387 50-388 CERTIFICATE OF SERIVCE This is to certify that copies of the foregoing "Applicants'esponse to Licensing Board Memorandum and Order of June 18, 1979" were served by deposit in the U. S. Mail, first class, postage prepaid, this 9th day of July, 1979, to all those on the attached Service List.
Dated:
July 9, 1979 J
E. Silberg
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UNiTED STATES OF AMERiCA NUCLEAR REGULATORY COMMiSSiON
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BEFORE THE ATOMiC SAFETY AND LiCENSING BOARD in the Matter of PENNSYLVANiA POWER and ALLGEHENY ELECTRiC (Susquehanna Steam Units 1 and 2)
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& L1GHT COMPANY
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COOPERATIVE, iNC.
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Electric Station,
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Docket Nos.
50-387 50-388 SERVICE Charles Bechhoefer, Esquire Chairman Atomic Safety and Licensing Board Panel U.
S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr. Glenn O. Bright Atomic Safety and Licensing Board Panel U.
S. Nuclear Regulatory Commission Washington, D. C.
20555 Dr. Oscar H. Paris Atomic Safety angK Licensing Board Panel U.
S. Nuclear Regulatory Commission Wasnington, D. C.
20555 Atomic Safety and Licensing Board Panel U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555 Atomic Safety and Licensing Appeal Board Panel U.
S. Nuclear Regula tory Commission Washington, D. C.
20555 James M. Cutchin, ZV, Esquire Of 'ce of the Executive Legal Director U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555 Dr..Judith H. Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Susquehanna Environmental Advocates c/o Gerald Schultz, Esquire 500 South River Street Wilkes-Barre, Pennsylvania 18702 Mrs. irene Lemanowicz, Chairman The Citizens Against Nuclear Danger Post Office Box 377 R.
D.
1 Berwick, Pennsylvania 18603 Ms. Colleen Marsh 558 A?
Re Do f4 M
. Top, Pennsylvania 18707 Mr. Thomas M. Gerusky, Director Bureau of Radiation Protection Department of En'v'ironmental Resources Commonwealth of Pennsylvania.
P.
O.
Box 2063 Harrisburg, Pennsylvania 17120 LiST.
Docketing and Service Section Office of the Secretary U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555
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