Petition Seeking NRC Issuance of Show Cause Order for Suspension &/Or Revocation of Ols.Operation of Facility Would Threaten Local Existence of short-nosed Sturgeon. Affidavit & Certificate of Svc EnclML18081A418 |
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Site: |
Salem ![PSEG icon.png](/w/images/c/cc/PSEG_icon.png) |
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Issue date: |
10/18/1979 |
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From: |
Coleman A, Coleman E AFFILIATION NOT ASSIGNED |
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To: |
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References |
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NUDOCS 7910240625 |
Download: ML18081A418 (11) |
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Similar Documents at Salem |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARLR-N980595, Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Pse&G Supports Comments Submitted by NEI in Their Ltr1998-12-21021 December 1998 Comment Supporting Proposed Rules 10CFR50,52 & 72 Re Changes,Tests & Experiments.Pse&G Supports Comments Submitted by NEI in Their Ltr LR-N980588, Comment on Proposed Rule 10CFR50.65 Re Monitoring Effectiveness of Maint at Npps.Util Agrees with General Principle Behind Proposed Rulemaking,But However,Concerned That Proposed Rule Contain Language Open to Interpretation1998-12-14014 December 1998 Comment on Proposed Rule 10CFR50.65 Re Monitoring Effectiveness of Maint at Npps.Util Agrees with General Principle Behind Proposed Rulemaking,But However,Concerned That Proposed Rule Contain Language Open to Interpretation ML18106A8811998-09-15015 September 1998 Comment Opposing Draft NUREG-1633, Assessment of Use of Potassium Iodide as Protective Action During Severe Reactor Accidents. Believes That Discussion Contained in SECY-98-061 Should Be Included in Draft NUREG ML18106A8731998-09-15015 September 1998 Comment on Draft NUREG-1633 Re Assessment of Use of Potassium Iodide (Ki) as Protetive Action During Severe Reactor Accidents. Believes That NUREG Should Provide Balanced Discussion on Benefits & Risks of Use of Ki LR-N980284, Comment on PR-50 Re IEEE Std 603-1991 for Salem & Hope Creek Generating Stations.Lack of Adverse Comments to Draft RG Should Not Have Been Construed as Endorsement to IEEE 603-19911998-06-12012 June 1998 Comment on PR-50 Re IEEE Std 603-1991 for Salem & Hope Creek Generating Stations.Lack of Adverse Comments to Draft RG Should Not Have Been Construed as Endorsement to IEEE 603-1991 LR-N980149, Comment on Proposed Rule 10CFR50 Re Industry Codes & Stds. Comments Address Use of Engineering Judgment,Limitations on Use of Later ASME III Code Editions for Weld Leg Dimensions & Seismic Analysis1998-03-30030 March 1998 Comment on Proposed Rule 10CFR50 Re Industry Codes & Stds. Comments Address Use of Engineering Judgment,Limitations on Use of Later ASME III Code Editions for Weld Leg Dimensions & Seismic Analysis ML18102B4361997-07-0707 July 1997 Comment Opposing NUREG-1606, Proposed Regulatory Guidance Re Implementation of 10CFR50.59 (Changes,Tests or Experiments). Util Endorses Comments Submitted by Nuclear Energy Inst ML20132A8961996-12-0606 December 1996 Comment Supporting Pr 10CFR50, NRC Draft Ps on Restructuring & Economic Deregulation of Electric Utility Industry ML20084H9251995-06-0202 June 1995 Comment Opposing Proposed Change in State Cooperative Agreements Program Concerning NRC Intention to Reduce Scope of Work.Believes That NRC Should Maintain Environ Monitoring Program & Find Other Ways to Reduce Duplicative Svcs ML20134K5021995-02-24024 February 1995 Transcript of 950224 Enforcement Conference in King of Prussia,Pa Re C Vondra.Pp 1-136 ML20134K4511995-02-0808 February 1995 Transcript of 950208 Enforcement Conference in King of Prussia,Pa Re Plant.Pp 1-93 ML20134K4791995-02-0808 February 1995 Transcript of 950208 Enforcement Conference in King of Prussia,Pa Re V Polizzi.Pp 1-115 ML20134K4971995-02-0808 February 1995 Transcript of 950208 Enforcement Conference in King of Prussia,Pa Re L Reiter.Pp 1-64 ML20080G8321995-02-0606 February 1995 Comment Opposing Proposed Rule 10CFR50 Re Shutdown & low-power Operations for Npp.Encourages NRC to Reevaluate Regulatory Analyses in Light of Higher Costs.Concludes That Addl Rules on Shutdown & Low Power Operations Not Necessary ML20077L8631995-01-0303 January 1995 Comment Supporting Proposed Rules 10CFR2,51 & 54 Re NPP License Renewal.Util of Belief That Proposed Rev Reflect Positive Effort Towards Establishing Regulatory Process Requirements for Continued Operation of Nuclear Facilities ML20132B2281994-08-0202 August 1994 Transcript of 940802 Enforcement Conference in Salem,Nj W/Salem Senior Nuclear Shift Supervisor Involved in 940407 Event ML20067C1591994-02-17017 February 1994 Comments on NUREG/CR-5884 Re Analyses of Decommissioning for Ref PWR Power Station ML18100A5591993-08-26026 August 1993 Comment Opposing Proposed Rule Re Whistleblower Protection ML20126F2721992-12-21021 December 1992 Comment Endorsing Positions & Comments of NUMARC & BWROG Re Draft GL, Augmented Inservice Insp Requirments for Mark I & Mark II Steel Containments,Refueling Cavities & Associated Drainage Sys ML20091Q8661992-01-31031 January 1992 Comment Opposing Draft NUREG-1022,Rev 1, Event Reporting Sys,10CFR50.72 & 50.73,Clarification of NRC Sys & Guidelines for Reporting ML20072T2421991-04-11011 April 1991 Comment Re Proposed Change to 10CFR50.55A Re Inservice Testing of Containment Isolation Valves.Proposed Rule Should Be Revised to Allow Plants within Last 12 Months of Current Interval to Substitute Deferred Rv Shell Exams ML20235T1861989-02-24024 February 1989 Comment Supporting Proposed Rule 10CFR50 Re Ensuring Effectiveness of Maint Programs for Nuclear Power Plants, Extension of NRC Authority to BOP Portion of Plant & Misapplication of Adequate Protection Std of Backfit Rule ML20195H0331988-11-21021 November 1988 Comment on Proposed Rule 10CFR26 Re Fitness for Duty Program Which Includes Random Drug Testing.Util Strongly Favors 180- Day Period for Implementation of Rule & 360-day Implementation Period for Random Drug Testing ML20153F9681988-08-17017 August 1988 Comment Opposing Proposed Rule 10CFR50 Re Licensee Flexibility During Natl Crisis.Deferral of Issuance of Final Rule Until Proper Implementation Guidance Formulated Encouraged ML20154G1421988-04-20020 April 1988 Comment Opposing Proposed Rules 10CFR50 & 73 Re Policy Statement on Nuclear Power Plant Access Authorization Program.Nrc Should Establish Program Mutually Agreed Upon Between Union & Util,Per Hope Creek & Salem Programs ML20154G4601988-04-18018 April 1988 Comment Opposing Proposed Rule 10CFR50 Re Notification of Inspector Visits to Facility ML18093A6331988-02-0101 February 1988 Comment Supporting Proposed Rule 10CFR50 Re Proposed Policy Statement on Integrated Schedules for Implementation of Plant Mods ML20151B3641987-02-24024 February 1987 Comment Opposing Proposed Rule 10CFR50 Re Licensing of Nuclear Power Plants Where State &/Or Local Govts Decline to Cooperate in Offsite Emergency Planning ML20079N4271984-01-25025 January 1984 Response to State of DE 840120 Motion to Withdraw Petition for Leave to Intervene.Licensee Concurs in Motion.Dismissal of Proceeding Requested.Certificate of Svc Encl ML20079K9311984-01-20020 January 1984 Motion to Withdraw Petition for Leave to Intervene & Request for Hearing Re Extension of Time for Type a Test.Certificate of Svc Encl ML20078P6771983-11-0404 November 1983 Answer to State of DE Atty General 831021 Petition for Leave to Intervene & Request for Hearing on License Amend Re Inservice Integrated Leak Tests.Notices of Appearance & Certificate of Svc Encl ML20078M1551983-10-21021 October 1983 Petition for Leave to Intervene & Request for Hearing on Proposed Issuance of Amend to License DPR-70 Re Inservice Integrated Leak Tests.Affidavit of Mailing Encl ML18087A8331983-04-12012 April 1983 Petition for Order to Show Cause Why Util Should Not Be Restrained from Restarting Facility Until Qualifications for Operation Demonstrated at Public Hearing ML18087A8341983-04-11011 April 1983 Affidavit of DG Bridenbaugh Re Delay of Facility Restart. Full Review of safety-related Equipment Must Be Completed & Appropriate Changes Implemented.Prof Qualifications Encl ML20213E3601983-03-0808 March 1983 Testimony Before Subcommittee on Energy & Environ Re Plant Licensing Concerns ML18086A9691981-10-14014 October 1981 Affidavit Confirming Validity of Util 811009 Response to IE Insp Repts 50-272/81-15 & 50-311/81-14 ML20005B6831981-08-20020 August 1981 Petition for Review of Aslab 810717 Order,Permitting OL Amend,Allowing Installation of New Storage Racks & Increasing Pool Capacity.Notice of Appearance & Affidavit of Svc Encl.Related Correspondence ML20010C1481981-08-14014 August 1981 Response in Opposition to Lower Alloways Creek Township 810803 Petition for Review of ALAB-650.Petitioner Has Raised No Issue Which Warrants Commission Consideration.Certificate of Svc Encl ML20009H2221981-08-0303 August 1981 Petition Supporting Review of Aslab Decision.Case Involves Matter That Could Significantly Affect Environ,Public Health & Safety & Involves,Important Procedural Issues & Public Policy Questions.Certificate of Svc Encl ML18086A5181981-05-15015 May 1981 Answer Opposing AC Coleman 810504 Request for Stay of Initial decision,LBP-80-27,pending Appeal.Request Untimely & Fails to Meet Requirements for Issuance of Stay. Certificate of Svc Encl ML18085A8401981-02-17017 February 1981 Brief Supporting ASLB 801027 Decision Authorizing OL Amend to Permit Storage of 1,170 Spent Fuel Elements in Facility Spent Fuel Pool.All Exceptions Should Be Denied.Aslb Has Adequately Weighed Evidence.Certificate of Svc Encl ML18085A5231981-01-13013 January 1981 Findings of Fact & Conclusions of Law in Support of 801111 Exceptions to ASLB 801027 Initial Decision Re Applicant Proposed Expansion of Fuel Storage.Certificate of Svc Encl ML18085A4091980-12-0808 December 1980 Response to Intervenors Eg & a Coleman Motion for Extension Until 810131 to File Brief in Support of Exceptions.Opposes Motion But Would Not Object to 2-wk Extension.Certificate of Svc Encl ML18085A4081980-12-0404 December 1980 Appeal from ASLB Initial Decision Granting Util Right to Increase Spent Fuel Pool Storage Capacity.Nepa Requires Detailed Analysis of Safety & Health Problems Posed by Reracking.Certificate of Svc Encl ML19340D3431980-11-30030 November 1980 Request for Extension to 810131 to File Brief in Support of Exceptions to ASLB 801027 Initial Decision Re Spent Fuel Pool Proceeding.Certification of Svc Encl ML18085A2791980-11-20020 November 1980 Notice of Withdrawal of Appearance as Counsel for Intervenors Coleman.Intervenors Coleman to Remain Parties to Proceeding.Certificate of Svc Encl ML18085A2501980-11-11011 November 1980 Appeal from ASLB 801027 Initial Decision.Alleges Erroneous Finding of Facts Re Contentions 2 & 6,evaluation of Eia, Acceptance of Pasedag Testimony & Rejection of Benjamin Testimony.Counsel Withdrawal & Certificate of Svc Encl ML18085A2161980-11-0404 November 1980 Exceptions & Appeal from ASLB 801027 Initial Decision. Exclusion of as Benjamin of Sandia Labs Testimony Is Arbitrary Due to Relevant Evidence Re Oxidation That Could Propagate to Older Fuel.Certificate of Svc Encl ML20062J4921980-10-21021 October 1980 Addl Testimony Presented Before ASLB to Correct & Clarify 800710 Testimony Re Loss of Water from Spent Fuel Storage Pool ML18082A7101980-07-11011 July 1980 Reply Findings of Fact & Conclusions of Law in Form of Partial Initial Decision Substituting for Licensee 800613 Findings,In Response to ASLB 800509 Order & ASLB 800626 Question 5 on away-from-reactor Issues.W/Certificate of Svc 1998-09-15
[Table view] Category:PLEADINGS
MONTHYEARML20079N4271984-01-25025 January 1984 Response to State of DE 840120 Motion to Withdraw Petition for Leave to Intervene.Licensee Concurs in Motion.Dismissal of Proceeding Requested.Certificate of Svc Encl ML18087A8331983-04-12012 April 1983 Petition for Order to Show Cause Why Util Should Not Be Restrained from Restarting Facility Until Qualifications for Operation Demonstrated at Public Hearing ML20005B6831981-08-20020 August 1981 Petition for Review of Aslab 810717 Order,Permitting OL Amend,Allowing Installation of New Storage Racks & Increasing Pool Capacity.Notice of Appearance & Affidavit of Svc Encl.Related Correspondence ML20010C1481981-08-14014 August 1981 Response in Opposition to Lower Alloways Creek Township 810803 Petition for Review of ALAB-650.Petitioner Has Raised No Issue Which Warrants Commission Consideration.Certificate of Svc Encl ML20009H2221981-08-0303 August 1981 Petition Supporting Review of Aslab Decision.Case Involves Matter That Could Significantly Affect Environ,Public Health & Safety & Involves,Important Procedural Issues & Public Policy Questions.Certificate of Svc Encl ML18086A5181981-05-15015 May 1981 Answer Opposing AC Coleman 810504 Request for Stay of Initial decision,LBP-80-27,pending Appeal.Request Untimely & Fails to Meet Requirements for Issuance of Stay. Certificate of Svc Encl ML18085A4091980-12-0808 December 1980 Response to Intervenors Eg & a Coleman Motion for Extension Until 810131 to File Brief in Support of Exceptions.Opposes Motion But Would Not Object to 2-wk Extension.Certificate of Svc Encl ML18085A4081980-12-0404 December 1980 Appeal from ASLB Initial Decision Granting Util Right to Increase Spent Fuel Pool Storage Capacity.Nepa Requires Detailed Analysis of Safety & Health Problems Posed by Reracking.Certificate of Svc Encl ML19340D3431980-11-30030 November 1980 Request for Extension to 810131 to File Brief in Support of Exceptions to ASLB 801027 Initial Decision Re Spent Fuel Pool Proceeding.Certification of Svc Encl ML18085A2501980-11-11011 November 1980 Appeal from ASLB 801027 Initial Decision.Alleges Erroneous Finding of Facts Re Contentions 2 & 6,evaluation of Eia, Acceptance of Pasedag Testimony & Rejection of Benjamin Testimony.Counsel Withdrawal & Certificate of Svc Encl ML18085A2161980-11-0404 November 1980 Exceptions & Appeal from ASLB 801027 Initial Decision. Exclusion of as Benjamin of Sandia Labs Testimony Is Arbitrary Due to Relevant Evidence Re Oxidation That Could Propagate to Older Fuel.Certificate of Svc Encl ML18082A5481980-05-23023 May 1980 Proposed Corrections for 800430 Evidentiary Hearing Transcript.Certificate of Svc Encl ML18082A5281980-05-13013 May 1980 Proposed Corrections to Transcript of 800328-29 Evidentiary Hearings.Certificate of Svc Encl ML18082A5261980-05-13013 May 1980 Request for Extension Until 800528 to File Transcript Corrections.States No Objection to NRC Motion for Similar Extension.Transcript Not Yet Received in Licensee Newark,Nj Ofc ML19323A9571980-04-21021 April 1980 Response in Opposition to Webb,Fankhauser & Portion of NRC Testimonies Based on Class 9 Accident Scenarios.Testimony Beyond ASLB Jurisdiction & Should Not Be Admitted Into Evidence.Certificate of Svc Encl ML18082A5011980-04-18018 April 1980 Reply in Opposition to Licensee Response to ASLB 800222 Memorandum & Order,Question 5,re Spent Fuel Pool Gross Loss of Water.Urges to Strike Testimony W/Appropriate Sanctions ML18082A4991980-04-18018 April 1980 Motion to Strike Licensee 800410 Response to ASLB 800222 Memorandum & Order,Question 5,re Spent Fuel Pool Gross Loss of Water.Licensee Should Be Barred from Participation or Compelled to File Testimony Due to Dilatory Conduct ML18082A5021980-04-18018 April 1980 Response in Opposition to NRC Testimony of Wf Pasedag Re ASLB Question 5.Spent Fuel Pool Old Fuel Would Be Involved in Enlargement Case & Would Consequently Increase Radiological Effects.Certificate of Svc Encl ML19305D7371980-04-11011 April 1980 Comments in Opposition to Township of Lower Alloways Creek 800325 Request for Suspension of Issuance of OL Per 10CFR2.206.Urges Denial Due to Untimeliness of Petition & Inadequacy of Allegations Re Noncompliance W/Nepa Rules ML19323D1891980-04-10010 April 1980 Response to ASLB Question 5 Re Gross Loss of Water from Facility Spent Fuel Pool.Loss Will Have No Adverse Consequences on Public Health & Safety Due to Adequate Cooling Achieved in Facility.Prof Qualifications Encl ML19323D5131980-04-0909 April 1980 Forwards Re Webb Technical Rept,In Response to ASLB 800222 Order Re Consequences of Gross Water Loss from Spent Fuel Storage Pool.Certificate of Svc Encl ML19305E7281980-04-0909 April 1980 Response Enclosing DB Fankhauser Testimony in Reply to ASLB 800222 Order Re Consequences of Gross Water Loss from Spent Fuel Storage Pool.Certificate of Svc Encl ML19309A4931980-03-25025 March 1980 Request for Suspension or Moratorium on Issuance of OL for Facility,Pending Conclusion of ASLB Hearing on Safety of Spent Fuel Storage Pool at Unit 1.Notice of Appearance of Cj Valore on Behalf of Intervenor Encl ML18082A1391980-03-25025 March 1980 Intervenor Request for Suspension or Moratorium on Issuance of Ol.Issuance Would Permit Same Enlarged Spent Fuel Pool That Is Subject of Ongoing Hearing ML18082A1301980-03-19019 March 1980 Motion for 30-day Extension to File Testimony Re Consequences of Water Loss from Spent Fuel Storage Pool. Urges Postponement of 800422 Evidentiary Hearing, Accordingly.Notice of Appearance & Certificate of Svc Encl ML18081B0861980-02-14014 February 1980 Request for Taking Official Notice of White House 800212, Fact Sheet,President'S Program on Radwaste Mgt, Due to Relevancy of First Bullet,Page 2 & Third Bullet,Page 6.W/ Certificate of Svc & Fact Sheet ML18081A8881980-01-10010 January 1980 Opposition to Intervenors Coleman 791018 Request for Action Under 10CFR2.206.NRC Fulfilled Statutory Duty Per Endangered Species Act.No New Matters Raised by Intervenors Request ML18081A8171979-12-18018 December 1979 Opposition to Public Advocate of State of Nj 791106 Request to Reopen Intervenors Coleman Contention 9.Appeal Is Proper Procedure If Intervenors Dissatisfied W/Aslb Initial Decision.Certificate of Svc Encl ML18081A7471979-11-13013 November 1979 Response in Opposition to Public Advocate of State of Nj 791030 Supplemental Argument Supporting Motion for Reconsideration of Colemans Contention 13.Colemans Failed to Demonstrate Relevance of Claim.Certificate of Svc Encl ML18081A6971979-10-30030 October 1979 Supplemental Argument on Behalf of Intervenors Coleman to Reopen Coleman Contention 13 Re Reracking of Spent Fuel Pool.Actual Figures of Radiation Exposure During Reracking of Peach Bottom Nuclear Station Never Received ML18081A4181979-10-18018 October 1979 Petition Seeking NRC Issuance of Show Cause Order for Suspension &/Or Revocation of Ols.Operation of Facility Would Threaten Local Existence of short-nosed Sturgeon. Affidavit & Certificate of Svc Encl ML18081A4871979-10-18018 October 1979 Seeks Show Cause Order & Suspension or Revocation of OL for Unit 1 & Stay or Licensing & Suspension or Revocation of CP for Unit 2.No Eia Performed Re Impact on Endangered Fish Species.Certificate of Svc Encl ML18079A9711979-09-20020 September 1979 Applicant Comments on Request of Intervenors Coleman for Issuance of Order to Show Cause for Stay ML18079B0891979-08-31031 August 1979 Opposes Intervenors Coleman 790801 Request That ASLB Reopen Record for Newly Discovered Evidence Re Contentions 2 & 6. Insp Document Has No Relevance & No Significance to Proceeding ML19249B8201979-08-31031 August 1979 Petition to Amend 790802 Motion for Issuance of Show Cause Order & Stay of Licensing Procedure.Adds Addendum 7A & Contentions 8-10.Certificate of Svc Encl ML19209C3871979-08-31031 August 1979 Motion,Submitted by Intervenors Coleman,That NRC Amend Request for Order to Show Cause & Stay Licensing.Seek Addl Contentions Re Cost/Benefit Analysis,Seismic Analysis & Class 9 Accidents ML18081A4141979-08-31031 August 1979 Seeks Denial of Intervenors Coleman 790802 Motion for Reconsideration of Contention 13 Re Release of Radioactive Matl.No Justification for Late Filing.Criteria for Compliance W/Operation Objectives Defined in 10CFR50,App I ML18079B1161979-08-29029 August 1979 Request by Intervenors Coleman That ASLB Accept Addl Argument on ASLB Question 4 Re Consideration of Class 9 Accidents.Nrc Admits That TMI Accident Was Class 9. Certificate of Svc Encl ML18079B1151979-08-27027 August 1979 Response to ASLB Question 4 Re Class 9 Accidents.Tmi 790328 Accident Was Class 9,constituting Successive Failures of Operator Procedures & Equipment.Testimony in Present Proceedings Requires Wide Latitude.Certificate of Svc Encl ML18079B0881979-08-21021 August 1979 Response to ASLB Question 4,submitted on Behalf of Intervenors Coleman.Alleges TMI Accident Was Class 9 Accident.Accident Posed Significant Risk to Health & Safety of Population & Environ.Certificate of Svc Encl ML18079B0611979-08-20020 August 1979 Responds to Question 4 of ASLB 790710 Order.Forwards C Kepford Rept on TMI Accident.Prof Qualifications & Certificate of Svc Encl ML18081A4111979-08-10010 August 1979 Requests That ASLB Order Extension Until 790831 for Response to Intervenors Coleman Request to Reopen Consideration of Contentions 2 & 6 ML18079B0461979-08-0303 August 1979 Forwards Re Webb 790723 Rept, TMI Accident:Was It Class 9 Accident, in Response to ASLB 790710 Question 4 ML19208C3681979-08-0202 August 1979 Requests Issuance of Order to Show Cause & Stay of Licensing Per 10CFR2.202 & 2.206.NRC Has Failed to Act on Info Re PA-NJ-MD Grid,Cost/Benefit Analysis,Expansion of Spent Fuel Pool & Lessons Learned Re TMI ML18079B0851979-08-0202 August 1979 Request by Intervenors Coleman That ASLB Reconsider Dismissal of Contention 13.Intervenor State of Nj Supports Motion.Util Is Obliged Per 10CFR50 to Explore Alternatives to Spent Fuel Pool Expansion ML19225D1441979-08-0202 August 1979 Request That NRC Issue Order to Show Cause & Request to Stay Licensing.Requests Intervenor Status.Submits List of Contentions & Partial List of Resouce Documents.Certificate of Svc Encl ML18079B0871979-08-0101 August 1979 Request by Intervenors Coleman That ASLB Reopen Record Re Contentions 2 & 6.Intervenor State of Nj Supports Motion. Experiences at Northern State Power Co Are Pertinent to Proceedings ML18079A7621979-07-0909 July 1979 Response Submitted by Intervernor Township of Lower Alloways Creek to NRC Motion to Strike Portions of Re Webb & EA Gulbransen Testimony Re ASLB 790418 Order. Affidavit of EA Gulbransen & Certificate of Svc Encl ML18079A8311979-07-0606 July 1979 Request Submitted by Util for Denial of Intervenors Coleman 790625 Request for Reconsideration of Dismissal of Coleman Contention 7.NRC Must Remand Matter to Aslb. Certificate of Svc Encl ML18079A8291979-07-0606 July 1979 Request Submitted by Util for Denial of Intervenors Coleman 790626 Request That ASLB Compel Licensee to Suppl Responses to Interrogatories 1,3 & 6.Questions Have No Relation to Grid Strap Problem 1984-01-25
[Table view] |
Text
I~ e I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMTSSION In the Matter of :
Public Service Electric & Gas Co. Docket No~ 50-272 No. 50-311 Salem Nuclear Generating Station, Unit No. 1 and No. 2 PETITION SEEKING ISSUANCE OP AN ORDER TO SHOW CAUSE REQUEST SEEKING SUSPENSION Al'!D/OR REVOCATION OF OPERATING LICENSE SALEM NUCLEAR GENERATING STATION UNIT NO. 1 (DOCKET NO. 50-272)
REQUES2. SEEKING SUSPENSION AND/OR REVOCATION 1
OF CONSTRUCTION PERMITS AND STAY LICENSING SALEM NUCLEAR GENERATING STATION UNIT NO. 2 (DOCKET NO. 50-311)
Alfred C. Coleman, Jr. and Eleanor G. Coleman (husba.YJ.d and wife) hereby petition the Nuclear Regulatory Commission seeking Issuance of an Order to Show Cause, Suspension and/or Revocation of Operating License for Salem Nuclear Generating Station Unit No. 1, Suspension and/or Revocation of Construction Permits and ~iay of Licensin9 of Salem Nuclear Generating Station Unit No. 2, without counsel \pro-se).
The authority for this request is granted by the Atomic Energy Act of 1954, as amended (The Act) and the regulation in Title 10 Code of Federal Regulations, Part 2.202 Order to Show Cause and Part 2.206 Request for Action. Also set forth in the Endangered Species Act of 1973 as amended (The Act) Section 7 (a) " *.* All other Federal agencies shall, in consultation with and with the assistance of the Secretary (Secretary of the Interior), utilize their authorities in furtherance of this Act by carrying out programs for the conservation of endangered species ... 11 The Endangered Species Act of 1973, as amended, is an act 11 To provide for the conservation of endangered and threatened species of fish, wildlife, and plants, and for other purposes. 11 The purposes of this Act (Section 2.(b)) are to provide a means whereby the ecosystems upon which Endangered Species and Threatened Species depend may be conserved, to provide a program for the conservatio.n of such Endangered Species and Threatened Species, and to take such as may be appropriate to achieve the purposes of treaties and conventions set forth in subsection (a) of this section."
- "It is fur~ther declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve Endangered
~pecies and Threatened Species and s~all utilize their authorities ~
in furtherance of the purposes of th1 s Act (Sec . 2 . ( c) ) * " i--0;&\\
7910240 lo d-S--
G
Defini tions "The terms 'conserve,' 'conserving,' and 'conservation' mean to use a:n:& the use of all methods and procedures which are necessary to bring any Endangened Species or Threatened Species to the point at which the measures provided pursuant to this Act are no longer necessary (the Act Sec. J.(J))."
"The term 'Endangered Species' means any species which is in danger of extinction throughout all or a significant portion of its range .** : (The Act Sec. J.(6)). The term "take" defined in the Act, means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect or to attempt to engage in any such conduct.
Introduction Set forth in the Final Environmental Impact Statement (FEIS) related to operation of Salem Nuclear Generating Station Unit No.
1 and No. 2, Public Service Electric and Gas Co. (PSE&G), Docket No. 50-272 and .50-Jll, dated April, 1973:
"Salem Station is located on about 220 acres of the applicant's 700-acre site at the southern end of Artificial Island in Lower Alloways Creek Township, Salem County, New Jerse~. The Island (in actuality, an artificial peninsula) projects from the eastern shore about one-third of the way across the Delaware River estuary which has a width of about 2.5 miles at this location. The station is essentially midway between Wilmington and Dover, Delaware, 20 miles north and south of the site, respectively .*
Philadelphia (Renna.) is about JO miles and Salem, New J*ersey is_ 7 .5 miles northeast of the site."
"Artificial Island was created, beginning early in the twentieth century, by disposing of hydraulic dredging spoils within a progressively enlarged diked area established around a natural bar that projected into the river. The low and flat 1500-acre island, average elevation about 9 ft. above mean sea level (msl) and a maximum elevation of about 18 ft. msl can best be characterized as tidal marsh and grassland. The remainder of the island, as well as a 1-mile wide inland strip of land abutting the island, is owned by the U.S.
Government."
Construction permits for Salem Nuclear Generating Station Units No. 1 and No. 2 were issued by the Atomic Energy Commission on September 25, 1968.
Ecolo.a-ical studies of the Delaware River in the vicinity of Artificial Island have been in progress since June o~ 1968 by Ichthyolo~ical Associates tmder contract to the applicant (licensee) FEIS April, 1973 (Page 2-27, 2.7.2 Aquatic)."
"The sampling is believed to have been sufficiently comprehensive that there is little liklihood that any SX>ecies of importance has been missed in this survey (with emphasis) - FEIS April, 1973 (Page 2-28, 2.7.2.2 Fish)."
- History "The ecolomr of the Delaware Iiiver in the vicinity of Artificial Island is being stud~ed by Ichthyological Associates, an un-incorporated group of biologists. The study is financed by a contract with PSE&G (the Licensee), 80 Park Place, Newark, N. J *
.Artificial Island is the site of twin-unit pressurized water reactors, each plant vdll have a gross electrical output of 1100 megawatts.
The objective (ecology studies) is to make an ecological study of the Delaware River and adjacent waters in the vicinity of Artificial Island. The study area includes the Delaware River for a distance up to approximately ten miles above and below Artificial Island. The most intensive effort involves a relatively small area which will be directly affected by heat effluent or cooling water from the nuclear generating station
{area around and near the intake and outfall pipes - our comment).
The study will continue for several years after completion of the second unit (Ecological sTudy of the Delaware River in the vicinity of Artificial Island - Progress Report for June-December, 1968, Ichthyological Associates, Middletown, Delaware 19709) *II Facts Fish that pass by the intake structure may follow the inflowing wa.ter up to the traveling screens. In spite of what appears to be a favorable design for this intake structure, it can not be assured that it is entirely trouble-free. The numbers and kinds of fish that die* on the screens are monitored and reported since commercial operation bega:..r1 June JO, 1977 on a monthly basis in the "Impingement Ivioni taring Program,"
The Secretary of the Interior publishes a list of all species determined b;y him, refers to the species by scientific and common name (if any) and species with respect to each such species over what portion of its range it is endangered or threatened and specifies any critical habit within each range.
Such is the case and reason for this petition, the Secretary of the Interior lists the Sturgeons as follows:
Sturgeons, family Acipenseride Acipenser brevirostrum Lesueur, ShortnoBe Sturgeon, E (Endangered), 1 (Present or threatened destruction of habitat), Atlantic Coast (USA).
The intent of the Endangered Species Act of 1973, as amended (the Act) is that all Federal agencies, including the Nuclear Regulatory Commission shall protect, guarantee and insure that no adverse action (overutilization for commercial, sporting, scientific, or educational purposes, disease or predation, inadequacy of existing regulatory mechanisms) not limited to but including other natural or ma:nmade factors affecting its continued existence (not limited to but to include inta..l{e pipes at nuclear facilities).
To the best of our knowledge there does not exist any known environmental impact analysis and/or statement prepared which discusses the impact upon Endangered, Threatened or of Special Concern species or their critical habitat as it relates to Artificial Island.
Except as provided in Sections 6 (g)(2) and 10 of the Act, with respect to any Endangered Species of fish or wildlife listed pursuant to Section 4 of the Act, it is tmlawful for any person subject to the jurisdiction of the United States to~ any such species within the United States.
The injunctive relief provided by the Act, Sec. 11 shall not restrict any right which any person (or class of persons) may have under any statue or law (not limited to but includes the Atomic Energy Act of 19.54, as amended the Act - and the regulations in Title 10 Code of Federal Regulations) to seek enforcement of any standard or limitation or to seek any other relief.
The basis for determination of an Endangered Species at Artificial Island site are photographs and slides of samplin~s ta..l{en by PSE&G or Ichthyological Associates (as contracted) tagged from the Salem Nuclear Generating Station or in the vicinity (within testing area).
Primary cause for this belated request is the fact that substantive information and, in our opinion, conclusive evidence has just come to our attention prior to this filing.
It is the reSPonsibility and right of every citizen to protect the environment in which they and their families live and use whatever legal means to preserve and protect those rights and the environment.
Contentions
- 1. The Licensee has not submitted sufficient information or documentation to determine there is adequate protection and assurance there is.no taking (with emphasis) of Endangered Species at Artificial Isla:nd, in this case namely Acipenser brevirostrum Lesueur, Shortnose sturgeon. I.!.'ven in the case of the A.O. oxyrhynchus Mitchell, Atlantic sturgeon (East Coast) a suecies Of Suecial Concern (nresent or threatened destruction*
of habitat) which the Atomic Energy Commission (now NRG) reported in 1973 required no special protection or statement of agreement from the Licensee.
- 2. The Lice11see data fails to disclose that there is absolutely no taking (with emphasis) of an Endangered Species at Artificial Island, in this case Acipenser brevirostrum Lesueur, Shortnose sturgeon. Even in the case of the A.O. oxyrhynchus Mitchel, Atlantic sturgeon which is reported by Ichthyological Associates, Progress reports for 1974, 1975 and 1968 for the licensee, neither the licensee/contractor nor the NRC has required protective measures to be implimented.
- 3. The Licensee is knowingly taking (with emphasis) an Endangered Species, namely the Acipenser brevirostrum Lesueur, Shortnose sturgeon. We cannot find any mention of this species in the Impingement Monitoring Program Report for j"uly, 1978, prior reports, or current reports for the Salem Nuclear Generating Station which is part of the ongoing ecological study of the Delaware River in the vicinity of Artificial Island. It is our contention that the Shortnose sturgeon is being impinged or is highly susceptable to impingement on the Circulating *kl.Tater System ( 01".JS) traveling screens and the Service Water System (SWS) t:i;-aveling screens at the Artificial Island site.
4 .. The NRC has erred in finding that evidence and/or sampling of fish supports the conclusion that entrainment " *** sampling is believed to have been sufficiently comprehensive that there is little liklihood that any species of importance has been missed in this survey." Further, the NRG staff has erred in finding that sampling in the vicinity of Artificial Isla:nd conclusively supports this statement as it relates to identifying, quantitatively and qualitatively Endangered Species, and measures that shall-be taken to protect, guarantee and insure that no adverse action shall jeopardize the continued existence of a:.r1y Endangered, Threatened or Of Special Concern Species.
Conclusion Ii'or all these reasons, we urge suspension and/or revocation of the Operating License for Salem Nuclear Generating Station Unit No. 1, suspension or revocation of Construction Permits and Stay Licensing of Salem Nuclear Generating Station Unit No. 2 in light of the needless taking (with emphasis) of the Acipenser brevirostrum Lesueur, Shortnose sturgeon.
We respectfully request the Commission admit us as intervenors, direct that evidence be talcen on the above contentions and hold a public hearing in the County of Salem, New Jersey, City of Salem.
Date &~ /ftl11f 3.5 "K" Drive Pennsville, New Jersey 08070 (609) 678-7125
RESOURCE REFERE:NCE
- 1. Public Service Electric and Gas Company (PSE&G), Salem Nuclear Generating Station Unit No. 1 and No. 2, Draft Eriviro1imental Statement, Issued October, 1972..
- 2. Public Service Electric and Gas Company, Salem Nuclear Generating Station Unit No. 1 and No. 2, Final Environmental Statement, dated April, 197.3
- 3. Public Service Electric and Gas Company, Hope Creek Nuclear Generating Station Unit No. 1 and No. 2, Draft Environmental Statement, issued November, 197.3*
- 4. Public Service Electric and Gas Company, Hope Creek Nuclear Generatin Station Unit No. 1 and No. 2 Final Envir.,,,<;rrunental Statement. dated February, 197 .
.5
- Edward C. Raney, Victor J. Schuler, and Robert F .
Denoncourt, Progress Report for June-December, 1968 of Ichthyological Associates Progress Report 1 June 1969, Ecological Study of the Dela.ware River in the Vicinitx of Artificial Island. _
- 6. Vrctor J. Schuler, Progress Report for J*a.nuary through December 1974, Volume I, Studies on Fishes and Ichthyoplankton by Ichthyological Associates June 1976, An Ecological Study of the Delaware River in the Vicinity of Artificial Island.
- 7. Victor J. Schuler, Progress Report for January through December 1975 of Ichthyological Associates, Inc.,
July 15, 1977, An Ecological Study of the Delaware River in the Vicinity of Artificial Island.
- 8. Public Service Electric and Gas Company, response dated November 12, 197.3, submitted an .Amendment 25 To The Apulications under Docket No. 50-272 and No. 50-Jll.
- 9. A Bulletin of the American Fisheries Society, Vol. 4, No. 2, March-April 1979 entitled Fisheries, article Fishes of North America Endangered, Threatened, or of Special Concern: 1979 pages 30-1./-2
- 10. U. S. Department of the Interior, December 1978, The Endangered Species Act o:f 1973, P.L.93-205 (87 Stat.
884), including the amendments.
UNITED STATES OF 1Uv1ElUCA NUCLEAR REGULATORY COMMISSION In the Matter of .:
Public Service Electric & Gas Co. : Docket No. 50-272 No. 50-Jll Salem Nuclear Generating Station, Unit No. 1 and No. 2 AFFIDAVIT IN SUPPORT OF PETITION SEEKING ISSUANCE OF AN ORDER TO SHOW CAUSE REQUEST SE:EKING SUSPENSION AND/OR REVOCATION OF OPERATING LICENSE SALNVI NUCLEA.1-q GENERATING STATION UNIT NO. 1 (DOCKET NO. 50-272)
REQUEST SEEKING SUSPENSION A11TD/OR REVOCATION OF CONSTRUCTION PERMITS AND STAY LICENSING SALEM NUCLEAR GENERATING S'I1ATION UNIT NO. 2 (DOCKET NO. 50-311)
- 1. v'Je are fully familiar with all statements contained in the attached Petition seeking the above. To the best of our knowledge, information and belief, the statements contained therein are true and accurate, submitted in good faith and not for the purpose of delaying adjudication of this within proceeding.
- 2. My wife and I, together with our three children (ages 11, 14 and 18), live at J5 "K" Drive, Pennsville, N. J. 08070 in a one-story ranch style house which we own. Our home is located about 10 miles north of Artificial Island (site of Salem No. 1 and No. 2).
- We have lived in this location for about six years, and have no present intention of moving. We have lived in Salem County all of our lives (except fnr short period of time in case of wife before 6 years old) .
J. I am employed by the du Pont Company of Wilmington, Delaware as a Distribution and Customer Service Supervisor with responsibilities for the sale and distribution of du Pont paint products for international sales. I am a graduate of Rutgers University, where I majored in economics. I am also a licensed real estate salesman/broker and licensed insurance solicitor/broker in the State of New Jersey. I engage in real estate and insurance on a part-time basis, mostly in the Salem County area.
- 4. We are current Intervenors in the application to increase storage of spent fuel assemblies at the Salem Nuclear Generat-ing Station Unit No. 1, PSE&G (Docket No. 50-272).
E~ G. //Joleman 35 "K" Dri #e Pennsville, N. J. 08070 (609) 678-7125
UNITh'D STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of -:.
Public Service Electric & Gas Co. : Docket No. 50-272 No. 50-Jll Salem Nuclear Generating Station, Unit No. l a:nd No. 2 CERTIFICATE OF SERVICE IN SUPPORT OF PETITION SEEKING ISSUANCE OF .AN ORDER TO SHOW CAUSE REQUEST SEEKING SUSPENSION AND/OR REVOCATION OF OPERATING LICENSE SALN~ NUCLEAR GENERATING STATION UNIT NO. 1 (DOCKET NO. 50-272)
REQuEST SEEKING SUSPENSION AND/OR REVOCATION OF CONSTRUCTION PERMITS AND STAY LICENSING SALEVI NUCLEAR GENER..4.TING STATION UNIT NO. 2 (DOCKET NO. 50-311)
We hereby certip- that copies of the following documents were m~iled this . ~ day of -~ in the year _L!L2.§_ to persons listed on the attched Service List. ~
- 1. Petition Seeking the above
- 2. Affidavit in Support of Petition Seeking the above Alf~Colem~
Eleanor G.
35 "K" Driv Pennsville, N. J. 08070
- SERVICE LIST Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Director of Nuclear Material Safety and Safeguards U. s. Nuclear Regulatory Commission
- v1fashington, D. C. 20555 Director of Office of Inspection and Enforcement U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Office of the Secretary Docketing and Service Section U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Office of Endangered Species U.S. Fish and Wildlife Service Washington, D. C. 20240 Richard Fryling, Jr., Esquire Assistant General Solicitor Public Service Electric & Gas Co.
80 Park Place Newark, New J*ersey 07101 Stanley Van Ness, Public Advocate Keith Onsdorff, Esquire Department of the Public Advocate Division of Public Interest Advocacy P. 0. Box 141 Trenton, New J. ersey. 08601 John J. Degnan, Attorney General Department of Law and Public Safety Environmental Protection Section J6 West State Street Trenton, New Jersey 08625 Jerry F. English, Commissioner New Jersey Envir0Tu11ental Protection Dept.
P. O. Box 1390 Trenton, New Jersey 08625 Department of Environmental Protection Division of F'ish, Grune and Shell Fisheries CN OOJ Trenton, New Jersey 08625 June D. MacArtor, Esquire Deputy Attorney General Tatnall Building, P. O. Box 1401 Dover, Delaware 19901
Coleman 35 "K" Drive e Pennsville, N, J. 08070
- AN11COf WNES EVFNING fRJMWSl
' -._- ~ ' "\ ' .... " . ' .... . .... - ..
Director of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555