ML18030A018

Pleading in Support of Motion for Partial Summary Disposition of Contention 2 Re Health Effects of Discharged Chlorine.Issue Narrowed by Intervenor/Sponsor Via Response to NRC Interrogatories.W/Certificate of Svc

ML18030A018
Person / Time
Site:	Susquehanna
Issue date:	11/06/1980
From:	Silberg J, Traviesodiaz ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML18030A019	List: ML18030A018 ML18030A164 ML18030A413 ML18030A473
References
NUDOCS 8011130375
Download: ML18030A018 (8)

Text

z ovember 6, 1980 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Zn the Matter of )

)

PENNSYLVANIA POWER 6 LIGHT COMPANY ) Docket Nos. 50-387 and ) 50-388

~

ALLEGHENY ELECTRIC COOPERATIVE INC. )

)

(Su'squehanna Steam Electric Station, )

Units 1 and 2) )

APPLICANTS'RIEF IN SUPPORT OF MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION 2 (CHLORINE)

Applicants'otion for Summary Disposition of Contention 2

.-(Chlorine) and its supporting Affidavit.and;Statement.-of-Material" "'.".," ..-'..

Facts deals with the relationship between chlorine use at the Susquehanna facility and the presence in the Susquehanna River water of mine acid drainage and toxic chemical wastes. These documents show that there is no such relationship, i.e. that in-creasing the levels of mine acid drainage and toxic chemical spills in the Susquehanna River will not increase, the amounts of chlorine which need to be used at the Susquehanna facility.

The Motion is addressed to these specific issues because Citizens Against Nuclear Danger ("CAND"), the sponsor of this 1/

part of Contention 2, has specified its concerns on chlorine in 1/Special Prehearing Conference Order, LBP-79-6, 9 NRC 291, 299 (March 6, 1979).

2/ 3/

its discovery responses. Both Applicants and the NRC Staff filed discovery requests with CMD to better understand CAND's concerns. Among other things, the Staff asked CAND to specify

1. The errors that exist in the estimates of health

.effects of chlorine releases

2. The amount of chlorine to be released, and 4/

3. The health effects which would result.

5/

Applicants 'nterrogatories sought, similar information.

Zn response to the NRC's-.interrogatoriesiCARD explained quite specifically the nature of its concerns with regard to chlorine:

"The NRC's specific questions concerning chlorine releases must be rephrased to take into consideration the magnitude of the water probl'ems on the. river, because there; exists, a.. e major miscalculation due to unforeseen detri-mental environmental circumstances that are beyond the control of the Applicants, but must be addressed nonetheless. This matter, out-lined below, is in response to the specific questions about chlorine.

"The adverse health effects from the discharge of chlorine from the Berwick plant into the Susquehanna River will be substan-tially greater than estimated by endorsed the Appli-cants, due to planned government 2/Applicants'irst Set of interrogatories to Intervenor Citizens Against Nuclear Dangers, dated Hay 25, 1979, pp. 3-4.

3/NRC Staff's First Round Discovery Requests of the Citizens Against Nuclear Dangers (CAND), dated May 21, 1979, p. 3.

5/Xd..footnote 2, euota.

large-scale mining of Anthracite coal com- .

mencing in the near future. The necessity of continual pumping of billions of gallons of mine acid drainage into the Susquehanna River from numerous existing abandoned mine workings covering hundreds of square miles, to make possible the new mining oper-ations, will in turn necessitate massive increases in the use of chlorine at the Applicants atomic power plant.

"Another major source of serious pol-lution, located about 20 miles upstream from the Berwick plant, that will require the Applicants to further increase the use of chlorine, is the Butler Mine Water Tunnel'waste chemical spxlls into the Susquehanna River (see attached partial list entitled "Chronology of Events On The Susquehanna" ). Zt is considered by many government experts to be the worse single occurrance [sic] of chemical pollution in the Commonwealth's history, and perhaps-the nation. Zt is estimated that, over "a period of time', hundieds of thousands of barrels of highly toxic chemical wastes (possible including radioactive wastes) were covertly dumped down boreholes into abandoned coal mine voids near Pittston, Pa., allegedly by 'midnight nearly one year of frantic and haulers.'fter costly attempts to halt the intermittent flows of the- toxic chemical wastes into the Susquehanna River from the Butler Tunnel outflow, the DER and the EPA are nowhere near stopping the pollution. The solution is years away at a cost of mil-lions in taxpayer dollars.

"The PPGL will simply have to cope with this pollution at the Berwick in-take by revised design engineering to increase, even further, the use of chlorine to demineralize and clarify the river water for plant use.

Zt might takI tons of chlorine each day to do the job.'"-

6/"Citizens Against Nuclear Dangers Motions and Replies to Znter-rogatories Nos. 2, 16 6 17", dated April 29, 19SO, pp. 4-5.

(original emphasis)

I Based upon this identification by CAND that its concerns with chlorine are the affects of mine acid drainage and toxic chemical wastes, Applicants have filed a Motion for Summary Disposition which addresses these specific issues.

One of the purposes of discovery is to "narrow and clarify 7/

the basic issues between the parties". As the Appeal Board has recently observed, the contentions "provide general notice of the issues.

It is left to the parties to narrow these issues through tne use of var-ious discovery devices so that evidence need be produced at the hearing8ynly on matters actually controverted."-

Now that CAND has narrowed the issues via discovery, sugary dis-9/

position on the issue as narrowed is in order.

Respectfully'ubmitted,,

arlberg SHAW 8 P ITTMANg POTTS & TROWBRIDGE By Ja .

Mat as . Travieso-Di Counsel for Applicants 1800 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: November 6, 1980 7/Penns lvania Power & Li ht Co. (Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613, 11 NRC , slip op. at, 5 (September 23, 1980), guoting Hickman v. ~Ta lor, 329 U.S. 495, 501 (1947) .

8/ ALHH-613, ~su ra, slip op. at 30.

9/The Commission's regulations on summary disposition, 10 CFR

$ 2.749, explicitly allow the use of answers to interrogatories in summary disposition motions.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

PENNSYLVANIA POWER & LIGHT COMP2QK ) Docket Nos. 50-387 and ) 50-388 ALLEGHENY ELECTRIC COOPERATIVE, INC. )

)

(Suscpxehanna Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing "Applicants'otion For Summary Disposition of Contention 2 (Chlorine) ",

"Applicants'tatement, Of Material Facts As To which 'There'Is No Genuine Issue To Be Heard (Contention 2 Chlorine)", "Affidavit Of James Rios In Support Of Summary Disposition Of Contention 2 (Chlorine) ", and "Applicants'rief In Support Of Motion For Summary Disposition Of Contention 2 (Chlorine)" were served by deposit in the U. S. Mail, first class, 'postage prepaid, this 6th day of November, 1980, to all those r on the attached Service List.

Jay lber Dated: November 6, 1980

UNITED STATES OF AME NUCLEAR REGULATORY 'COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Zn the Matter of )

)

PENNSYLVANIA POWER & LIGHT COMPANY )

)

) Docket Nos. 50-387

) 50-388 ALLEGHENY ELECTRIC COOPERATIVES . INC, )

)

(Susquehanna Steam Electzic 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 Bechhoefez, Esq.

Chairman Dr. Judith H. Johnsrud Atomic Safety and Licensing Co-Director Board Panel Environmental Coalition U. S. Nuclear Regulatory Commission on 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 Pqst Office Box 1560 Washington, D.C. 20555 Wzlkes-Barre, Pennsylvania 18703 Dr. Oscar H. Paris Mrs. Irene Lemanowicz,,Chairperson 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 Ai R. D 44 U. S. Nuclear Regulatory Commission Mt. Top, Pennsylvania 18707 Washington, D.C. 20555

James M. Cutchin, XV, Esq. Mr. Thomas M. Gerusky, Director Office of the Bureau of Radiation Protection Executive Legal Director Department of Environmental Resources U. S. Nuclear Regulatory Commission Commonwealth of Pennsylvania Washington, D.C. 20555 Post Office Box 2063 Harrisburg, Pennsylvania 17120 Karin W. Carter, Esq.

Department of EnVironmental Resources Atomic Safety and Licensing Commonwealth of Pennsylvania Appeal Board Panel 505 Executive House U. S. Nuclear Regulatory Commission Post. Office Box 2357 Washington, D.C. 20555 Harrisburg, Pennsylvania 17120 Jessica H. Laverty, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555