ML18026A310

Response in Opposition to Applicant Request Re Interrogatories on Safety Issues.Environ Phase Must Take Priority Over safety-related Discovery Per ASLB 791030 Order.Certificate of Svc Encl

ML18026A310
Person / Time
Site:	Susquehanna
Issue date:	10/10/1980
From:	Johnsrud J Environmental Coalition on Nuclear Power
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8010210515
Download: ML18026A310 (25)

Text

rENYIRONMENTALCOALITION ON NUCLEAR POWER II u

Co.Directora: Mr. George Boomtma-R.D. <<1, Peach Bottom, Pa. 17563 717.548.2836 Dr. Judith Johntrud-433 Orlando Avenue, State College, Pa. 16801 814-2374900 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of c PENNSYLVANIA POMER AND LIGHT COMPANY Docket Nos. 50-387 DOC I aETQD I

and 50-3BBS INC. uBNpc ALLEGHENY ELECTRI C COOPERATI VE, l ocT p (Susquehanna

'Units 1 Steam and 2)

Electri c'tation, I QGf~ i q t~

Office atg of the S~re

>>-keteg tI ~<,. 8 IZ E;:6-n INTERVENORS'ESPONSE TO APPLICANT'S ECNP MOTION TO RESUME DISCOVERY'ON SAFETY ISSUES I GI

~ r.

The Applicant has asked the Board to resuscitate the discovery process an safety issues in the above-captioned proceeding and to order intervenors to complete responses to interrogatories within one month. ECNP urges the I icensing Board to deny the Applicant's request, as being untimely and con-trary to the Board's prior order of October 30, 1979.

The basis of the discovery discords.that have marred this proceeding lies in the large numbers of Applicant's interrogatories which have been required to be answered within an unreasonably indeed, impossibly--

short time period by the citizen intervenors who have been denied funding and other procedural assistance and access to virtually all documents sought by intervenors on discovery.

The Board has already ruled on the matte now at hand. On October 30, 1979, this Board postponed discovery on health and safety issues until the end of the environmental phase of the proceeding (LBP-79-31, 10 NRC 597; also noted in ALAB-613). Although ECNP has continued and now continues to object to the burdensome and unreasonable and unnecessary total number of interrogatories imposed, it was in part this postponem nt of a portion of the excessive burden that ultimately enabled ECNP to fulfill the Board's order to respond to the interrogatories on environmental issues.2 The environmental hearings have 'not yet even been scheduled, much less completed, and hence the environmental'hase is far from ended. Furthermore, Intervenors learned of this motion via newspaper headline, Harrisburg Patriot.

2 See note on p. 2.

8o1gmgg

~ ~ ~C@

4 gQ s$ "ia in the aftermath of the still-ongoing Three. Mile Island, Unit 2, acct< +g++.

March 28, 1979, additional time should be allotted to all intervenors <<

the end of the environmental phase to review the status of safety conteng~

and to submit new and revised contentions based at that time upon the stat<~

of the Applicant's compliance with the TMI Lessons Learned and short- and long-term actions to enhance reactor safety; ECNP suggests to the Board that, following the completion of the environmental phase an appropriate period of time be set aside prior to the resumption of safety-related discovery for all intervenors to review Applicant's compliance with the NRC Action Plan Develo ed as a Result of the TMI-2 Accident (NUREG-0660);

the Letter to All Licensees of 0 eratin Plants and A licants for 0 eratin Licenses and Holders of Construction Permits, Dated September 5, 1980, from D.G. Eisenhut, Office of Nuclear Reactor Regulation; and with directives relating to Anticipated Transients without Scram (ATMS), interactions between control rod drive systems and non-essential control air systems, and varied and numerous other safety issues pertaining to Boiling Mater Reactors which may have arisen or been exacerbated by reactor operating experiences by that uncertain future tine. It will be well over two years, at the minimum.

before the environmental phase has been cenpleted from the time of the original filing of safety contentions in this proceeding, two years filled with events that the NRC had been confident in that innocent year of 1978 would never take place.

In addition, the ECNP intervenors are, as the Comnission well knows, presently engaged in assisting the Comnission to do the job it failed to do in the licensing of TMI in several other TMI-related administrative proceedings.

The TMI-1 Restart hearings have just begun and are expected to continue in evidentiary session for some six months.

For these several reasons, the Applicant's motion should be denied.

ECNP requests the Board, instead, to order a safety review as outlined above at the conclusion of the environmental phase and prior to resumption of dis-covery on safety issues.

Respectful ly submitted, Dated this I/< day Judith H. Johnsrud, Co-Director of October, 1980 2

ECNP notes that ALAB"613 at P. 17 n. 15, states that the Board's action has "left the Coalition obligated to make discovery on only five contentions-"

V C,

CERTIFICATE OF SERVICE I certify that copies of ECNP INTERVENORS'S RESPONSE TO APPLICANT'S MOTION TO RESUME DISCOVERY ON SAFETY ISSUES are being deposited in the U.S. Nail, first class, postage paid, this ~l.@ day of October, 1980, to all parties in this proceeding.

',.Ac~F /y /-8'~D Judith H. Johnsrud Charles Bechhoefer, Esq. Docketing and Service Section Chairman, ASLB Panel Office of the Secretary US Nuclear Regulatory Commission US Nuclear Regulatory Comnission Washington, DC 20555 Washington, DC. 20555 Mr. Glenn 0. Bright Gerald Schultz, Esq.

ASLB Panel Susquehanna Envrionmental Advocates USNuclear Regulatory Coomiss,ton 500 South River Street Washington, DC 20555 Wilkes-Barre, Pa. 18702 Dr. Oscar H. Pari s Mrs. Irene Lemanowicz ASLB Panel Citizens Against Nuclear Dangers US Nuclear Regulatory Comnission C/0 Mr. Thomas Halligan Washington, DC 20555 PO Box 5 Scranton, Pa.

"Atomic Safety and Li censing Board Panel Mrs. Colleen Marsh US Nuclear Regulatory Commission 558A RD4 Washington, DC 20555 Mountain Top, Pa. 18707 Atomic Safety and Licensing Mr. Thomas M. Gerusky Appeal Board Panel Bureau of Radiation US Nuclear Regulatory Comoission of Environmental Protection'epartment Resources Washington, DC 20555 Comnonwealth of Pennsylvania Jam s M. Cutchin V, Esq. PO Box 2063 Office of the Executive Legal Harrisburg, Pa. 17120 Di rector US Nuclear Regulatory Comnission Jay Silberg, Esq.

Washsington, DC 20555 Shaw, Potts, Pittman, and Trowbridge 1800 M St. NW Washington, DC 20036 sA t ~~

fnce aj Qe $ ,c n Deci;ctiny E: S.'-.:.

B e.".ca

0 I

)a

Samual Chilk, Secre tary U.S. Nuclear Regulatory Commission Nashington,D.C., 20555 Nr, Chilk, T. am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when I will be able to speak.

Thank You, p

Samual Chi1k, Secre tary U.S. Nuclear Regulatory Commission Nashington,D.C , 20555

~

Nr. Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when l will be able to speak.

Thank You,

PORNO NUt'FISN r.-,

)IIUU,% UTIL FAC....?.P; .. ~'~~35$ OOC KETCH)

UsMRC OCy ~ >g@~

Office Of Qe

%cketing pe~

4 Senice Bra

~c~

/'amual Chilk, Secretary U.S. Nuclear Regulatory Commission

'Nashington,D.C., 20555 Nr, Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when I will be able to speak.

Thank You,

-r~(g"-D png.ypT NUMB~

raoo.~U~i" "" -"g 6' ~3~ ~

Or

~

ct I,.;Q r 17]0 goree 0f the

> S'~r>

SecrerAQ'ac'cet:nR Branch.

Samual Chilk, Secretary U.S . Nuclear Regulatory Commission Nashington,D.C., 20555 Nr, Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when l: will be able to speak.

Thank You, Ke8edged by <Srd.

A.r:kh

/C e ~ e ig

~ ~ ~ ~ ~ I 1l I ~

I L

(

glgKETNU @'~

a e>~ F>~""gC'pnO,

@cod(~i-1~~

QOQI; 0~'iVSS~ ~

Gffics of 8s Secrefety .

DcclwU,",g Mersice

'Iancg Gp Samual Chilk, Secretary U.S. Nuclear Regulatory Commission

.Washington,D.C., 20555 Nr, Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when I will be a'ole to speak.

Thank You,

~ \

4a DOCKET NUMBER PROD. & UTIL FAC...';.C...:...;4) '" <<Na

~'<ation' ~Map 8 ~. recce A

Samual Chz.lk, Secretary U.S . Nuclear Regula.atory Commission Nashington,D,C., 20555 t

Nr. Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when l will be able to speak.

Thank You, M~g W~(~v~~

~c"+MzcP I

Samual Chilk, Secretary U.S. Nuclear Regulatory Commission Washington,D.C., 20/5/

Nr, Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when l: will be able to speak.

Thank You,

~ ~ ~

Samual Chi1k, Secre tary.

U.S. Nuclear Regulatory Commission Nashington,D.C., 20555 Nr. Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when 1 will be a'ole to speak, Thank You,

Samual Chilk, Secretary U.S, Nuclear Regulatory Commission Nashington,D.C., 205/5 Nr, Chilk, 1 am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these Thank ou,

Samual Chilk, Secre tary U.S . Nuclear Regulatory Commission Washington,D.C., 20555 Nr. Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when I will be able to speak.

Thank You,

~rp DOCKET N~swogq f(5 P j PROD. L UTIL. FAC......-

l Samual Chi lk, Secre tary U.S . Nuclear Regulatory Commission Washington,D.C., 20555 Nr. Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when I will be able to speak.

Thank You, asF~

Q ~

Samual Chilk, Secre tary U.S. Nuclear Regulatory Commission Nashington,D.C., 20555 Nr, Chilk, I am writing to request time to make a Limited Appearance Statement at the licensing hearing's for Pennsylvania Power and Light's Nuclear Plant in Berwick, Pennsylvania. Please inform me when and where these hearings will take place, and when I will be able to speak, Thank You, P.8

UNITED STATES OF A~KRICA iiUCLEAR R" GP ATORY COD>'ISS ION In the <!atter o )

COMPANY )

PENNSYLVANIA POWER AND LIGHT ) Docket No. (s) 50-387

) 50-388

)

(Susquehanna Steam Electric )

Station, Units 1 and 2) )

)

)

CERTI:- ICATE OP SERVICE I

I hereby certify that have this day served the foregoing document(s) W upon each person designated on the of=icial serv'ce list compiled by tne Ozfice of the Secretary of the Co~ission in this proceeding in accordance with t'ne requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.

Dated at Washington, D.C. this day of JCZ Officd oft'the Secretary of the C -.;..ission

C~

t I

l'.

I I

UNITED STATES OP Ar1ERICA NUCLEAR REGULATORY COi EMISSION In the Matter of )

)

PENNSYLVANIA POWER AND LIGHT ) Docket No. (s) 50 387 CO%'AhY, ET AL. ) 50-388

)

(Susquehanna Steam Electric )

Station, Units 1 and 2) )

SERVICE LIST Charles Bechhoefer, Esq., Chairman Dr. Judith H. Johnsrud Atomic Safety and Licensing. Board Co. Director, Environmental U.S. Nuclear Regulatory Commission Coalition on Nuclear Power Li'ashington, D.C. 20555 433 Orlando Avenue State College, Pennsylvania 16801 Mr. Glenn O. Bright Atomic Safety and Licensing Board Ms. Colleen Marsh U.S.Nuclear Regulatory Commission 558A Washington, D.C. 20555 R.D. A/4 Mount Top, Pennsylvania 18707 Dr. Oscar H. Paris Atomic Safety and Licensing Board Mr. Thomas J. Halligan U.S. Nuclear Regulatory Commission Correspondent CAND Washington, D.C. 20555 P.O. Bo.. 5 Sacranton, Pennsylvania 18501 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Gerald Schultz, Esq.

Washington, D.C. 20555 Susquehanna Environmental Advocates 174 Machell Avenue Jay E. Silberg, Esq. Dallas, Pennsylvania 18612 Shaw, Pittman, Potts & Trowbridge 1800 "M". Street, N.U. Mr. Thomas M. Gerusky, Director ilashington, D.C. 20036 Bureau of Radiation Protection Department of Environmental Resources Pennsylvania Power and Light Company Commonwealth of Pennsylvania ATTN: Mr. Nor;an 4'. Curtis P.O. Box 2063 Vice President Engineering Harrisburg, Pennsylvania 17120 and Construction 2 North Ninth Street Albert E. Vogel, Jr., Esq.

Allentown, Pennsylvania 18101 Assistant Attorney General Dept. of Environmental Resources P.O. Box 2357 Harrisburg, Pennsylvania 17120

OCKETNUMBER -- .~ DO PROD. & UTiL FAC., ~~;-..

gl

.Samuel Chilk, Secretary  :"-- IO$80 ~

Docketing 8 Service Branch piir'oe ol the ScoreW U. S. Nuclear Regulatory Commission t cr'.

D Washington DC 20555 Bren

Dear Nr. Chi k:

1 I am writing to request time to make a Lim'ited Appearance Statement at the licensing hearings for Pennsylvania Power and Light's Susquehanna Steam Electric Stations 1 and 2 now under construction in Berwick, Pennsylvania (Docket numbers: 50-387 and 50-388).

Please inform me when and where these hearings will take place and when 1 will be able to speak. I also would like to request that time be made available in the evenings andlor on weekends for these statements to insure greater public input.

k Thank you. I look forward to hearing from you soon.

Sincerely yours,

~(~llANs M. NUERTH 4 40 E. North St, Bethlehem, Pa )Spl8 Acknowi9cfSed by@eh..i ...(Y .......~

UNITED STATES OF AMERICA NUCLEAR REGULATORY CO?'MISSION In the Matter of )

)

PENNSYLVANIA POWER AND LIGHT ) Docket No. (s) 50-387 COMPANY ) 50-388

)

(Susquehanna Steam Electric )

Station, Units 1 and 2) )

)

)

CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document(s) upon each person designated on the official service list compiled by ~

the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Commission's Rules and Regulations.

Dated at Washington, D.C. this day of i ~ ~ ~

Vj Egg/7M 0 fice "o e Secretary of the Co 'ssion

UNITED STATES OP AtSRICA COMMISSION NUCLEAR REGULATORY ln the Matter of )

)

PENNSYLVANIA POWER AND LIGHT ) Docket No.(s) 50 387 COMPANY, ET AL. ) 50-388

)

(Susquehanna Steam Electric )

Station, Units 1 and 2) )

SERVICE LIST Charles Bechhoefer,'sq., Chairman Dr. Judith H. Johnsrud Atomic Safety and Licensing Board Co. Director, Environmental U.S. Nuclear Regulatory Commission Coalition on Nuclear Power Washington, D.C. 20555 433 Orlando Avenue State College, Pennsylvania 16801 Mr. Glenn 0. Bright Atomic Safety and Licensing Board Ms. Colleen Marsh U.S.Nuclear Regulatory Commission 558A Washington, D.C. 20555 'R.D. f/4 Mount Top, Pennsylvania 18707 Dr. Oscar P. Paris Atomic Safety and Licensing Board Mr. Thomas J. Hall igan U.S. Nuclear Regulatory Commission Correspondent CAND Vashington, D.C. 20555 PE Oe Box 5 Sacranton, Pennsylvania 18501 Counsel for NRC Staff Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Gerald Schultz, Esq.

Vashington, D.C. 20555 Susquehanna Environmental Advocates 174 Machell Avenue Jay E. Silberg, Esq. Dallas, Pennsylvania 18612 Shaw, Pittman, Potts & Trowbridge 1800 "MY Street, N.W. Mr. Thomas M. Gerusky, Director Vashington, D.C. 20036 Bureau of Radiation Protection Department of Environmental Resources Pennsylvania Power and Light Company Commonwealth of Pennsylvania ATTN: Mr. Norman 5'. Curtis P.O. Box 2063 Vice President Engineering Harrisburg, Pennsylvania 17120 and Construction 2 North Ninth Street Albert E. Vogel, Jr., Esq.

Allentown, Pennsylvania 18101 Assistant Attorney General Dept. of Environmental Resources P.O. Box 2357 Harrisburg, Pennsylvania 17120