ML18079A277
| ML18079A277 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 04/23/1979 |
| From: | Beverly Smith NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| NUDOCS 7905150068 | |
| Download: ML18079A277 (7) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of Docket No. 50-272 PUBLIC SERVICE ELECTRIC &
GAS COMPANY (Salem Nuclear Generating
- Station, Unit No. 1)
Proposed Issuance of Amendment to Facility Operating License No. DPR-70 NRC STAFF OBJECTIONS TO TESTIMONY FILED BY INTERVENORS LOWER ALLOVJAYS CREEK TOWNSHIP AND MR. AND MRS. COLEMAN In accordance with the Board's March 29, 1979 Order following Prehearing Conference, the Staff i~ filing its objections to certain portions of the testimony of Dr. George Luchak, Ph.D, witness for Lower Alloways Creek Township (LACT) and the proposed direct testimony to be elicited by the Colemans from an employee of Public Service Electric and Gas Company.
Objections to Testimony of Dr. George Luchak The Staff moves to strike those portions of Dr. Luchak 1s testimony.
objected to below.
- 1.
The Staff objetts to the phrase "new environmental impact" found on Page 1, line 8 on the grounds that there is an insufficient foundation for this conclusion and the subject matter exceeds the scope of the contention *.
7 9051500<08'
/.
' Dr. Luchak's testimony does not specify what new environmental impacts are brought about by the proposed amendment.
Even if a proper foundation was made for this conclusfon, LACT contention 1 relates to alternatives to the proposed amendment and not to any alleged environmental impacts.
- 2.
The Staff objects to the sentence on page 1, line 8-10 that 11 [t]his proposed new design will be carried out at Salem Unit 2 if approved for S~lem Unit 1 11 on the grounds that it is irrelevant and there is an insuffi-cient foundation.
The proposed expansion of the spent fuel capacity at Salem Unit 2 is not an issue in this proceeding.
Therefore, any reference to it is not relevant.
There is no foundation for the witness's conclusion that the approval of the proposed modification for Salem Unit 1 in this proceeding will auto-matically result in approval for Salem Unit 2.
- 3.
The Staff objects to the phrase on page 1, line 12 "both SFP's" because it refers to Salem Unit 2 and it is therefore irrelevant.
- 4.
The Staff objects to the testimony on page 4, lines 3-19 (2nd and 3rd paragraphs) for the following reasons:
(1) permanent disposal of nuclear waste is: beyond the scope of a proceeding involving the modification.of a spent fuel pool, Northern States Power Co, (Prairie Island Nuclear Generating Plant, Units 1 and 2), ALAB-455, 7 NRC.41, Portland General Electric Company, et al., (Trojan Nuclear Plant), ALAB-531, 9 NRC __,
(March 21, 197~)); and (2) there is no foundation for the assertion that NRC has a responsibility to ensure the safe and permanent disposal of spent nuclear fuel nor that ISFSI's represent~ facto permanent disposal.
5.. The Staff objects to the testimony on page 4, lines 21-27 (3rd full paragraph) continuing on to page 5, line 4 on the grounds that it is irrelevant and that there is an insufficient foundation for the con-clusions asserted.
This paragraph is irrelevant to this proceeding because the historical aspects of whether to store spent fuel away from or at the reactor site is not germane to this proceeding.
There is no foundation for the witness's statements on page 5, lines 2-4 that the NRC is biased toward at reactor storage or that the NRC allows unauthorized designs for spent fuel pool.
- 6.
The Staff objects to the testimony on page 5, lines 5-17 (1st full paragraph) continuing until page 6, line 17 on the grounds that this is irrelevant and lacks a sufficient foundation.
' This entire line of testimony d*eals with risk from accidents associated with the reactor and the spent fuel pool.
It also addresses the problems of evacuation in the event of an accident.
These matters are beyond the scope of LACT Contention 1.
This portjon of the testimony is entirely.
conclusionary and no foundation is set forth for any of the conclusions made by the witness.
- 7.
The Staff objects to the testimony on page 6, lines 18-25 {2nd para-graph) continuing on to page 7, lines 1-17 on the ground that this testi-
- *.. ~*:
mony is irrelevant.
The issue presented by LACT Contention 1 is whether an alternative to onsite storage of spent fuel is available - not where such an alternative should be located.
- 8.
The Staff objects to the testimony on page 8, lines 19-24 because it relates to permanent disposal of the spent fuel and is therefore outside the scope of these proceedings.
See Prairie Island, supra.
Objection to Testimony offered by Colemans on Contentions 2 and 6.
Counsel for the Intervenors Colemans has indicated that he plans to introduce a letter dated January 19, 1978 from Robert M. Crockett, Vice President Fuel Supply to U.S. Department of Energy, Eric S. Beckjord, Acting Difector Division of Nucl~ar Power Development.
The Staff under-stands that an employee of Public Service Electric & Gas will sponsor this testimony.
This letter is a response to a letter from an official of the Department of Energy inquiring as to the interest of PSE&G in transferring spent nuclear fuel to the Federal Government under certain terms and conditions.
The Staff objects to the introduction of this letter because it is not relevant to Colemans Contentions 2 & 6.
Colemans Contention 2 relates to the structural integrity of the Baral material and spent fuel pool rack structures. Contention 6 relates to the ability of Baral to prevent criticality:J.n the spent fuel pool over long periods of time.
Neither of these two issues are tangentially addressed in these letters. Therefore they should not be admitted as evidence.
Dated at Bethesda, Maryland this 23rd day of April, 1979.
Respectfully submitted,
~;/d,7L1 Barry H. Smith Counsel for NRC Staff
---.. 1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PUBLIC SERVICE ELECTRIC &
GAS COMPANY (Salem Nuclear Generating Station, Unit No. 1)
)
)
Docket No. 50-272
)
Proposed Issuance of Amendment
)
to Facility Operating License
)
No. DPR-70
)
).
CERTIFICATE OF SERVICE 1 hereby certify that copies of NRC STAFF OBJECTIONS TO TESTIMONY FILED BY INTERVE~ORS LOWER ALLOWAYS CRtEK TOWNSHIP AND MR. AND MRS. COLEMAN",
in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an.
asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 23th day of April, 1979:
Gary L. Milhollin, Esq., Chairman 1815 Jefferson Street Madison, Wisconsin 53711
- Mr. Lester Kornbrith, Jr.
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. James C. Lamb, III 313 Woodhaven Road Chapel Hill, North Carolina 27514 Richard Fryling, Jr., Esq.
Assistant General Solicitor Public Service Electric and Gas Company 80 Park Pl ace
- Newark, New Jersey 07101 Mark J. Wetterhahn, Esq.
Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.
Suite 1050 Washington, D.C.
20006 c*jl.:rrYalore,"*Jr., Esq.
535.ttiton Road Northfield, N. J. 08Z25 Lower Alloways Cjeek Tow-riship c/o Michael H. Facemyer, Clerk Municipal Building Hancock's Bridge, New Jersey 08038
Mr. Alfred C. Coleman, Jr.
Mrs. Eleanor G. Coleman 35 "K" Drive Pennsville, New Jersey 08070
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing*.
App ea 1 Boa rd U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Dale Bridenbaugh M.H.B. Technical Associates 366 California Avenue, Suite 6 Palo Alto, California 95306 Richard M. Hluchan, Esq.
Deputy Attorney General State of New Jersey 36 West State Street Trenton, New Jersey 08625 Keith A. Onsdorff, Esq.
Assistant Deputy Public Advocate Department of the Public Advocate 520 East State Street Trenton, New Jersey
- 08625 June D. MacArtor, Esq.
Deputy Attorney General Tatnall Building P. 0. Box 1401 Dover, Delaware 19901
~.4;t~
couns:; for NRC Staff