ML18082A475

From kanterella
Jump to navigation Jump to search
Provides Status of NRC Actions Taken in Response to A&E Coleman Petition Re Facility,In Response to 800312 Request. Petition Denied
ML18082A475
Person / Time
Site: Salem, Hope Creek  
Issue date: 05/12/1980
From: Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Williams H
SENATE
References
NUDOCS 8005280184
Download: ML18082A475 (20)
v • d • e


Text

Docket Mos.

50-(~72/311

  • -o 'H"'4/')5'"'

~ -.JO v J

/

ThE~ Horrnrab 1 e i-larri son 1-\\. \\1!i 11 i ams, United States Senate

~!ashinnton, Do C.

20510

Dear Senator Willians:

VI*

T[1is is 'ir1 resronse to your letter of March 12, 19(10 in wlrlch./OU requested information rel;:iting to a letter dated March 5, 1980 from Alfred c. Coleman, Jr. and Eleanor G. Coleman to i'iil1iam a. Ross~ the Nr{C Project f*lanag1~r for Salem Nuclear Generating Station Unit Mo. 1.

Some of the concerns Mr. and Mrs.. Cofonmn exprnssed 'in their l;~tter \\'/ere based on r.it:rceivr.::d ne~Jlect on the Commission's part to keep tht~1T1 infonncd of actions taken by the NEC Staff in response to their petition of October HJ, 197£:c T!J*is pei:"ition rnquested the Com;nission to issue a sho1:J cause order to Pub.lie Service E'!ectric and Gas Company (PSE&G) to suspend or n:~voke the op(:rc:lting

~

license for Salem Nuclear Generating Station~ Unit No. 1 and to stay the licensing of Salem Unit Noo 2..

Tile Colernans' petition has bec~n considered under rn CFR 2.206 of the Comnission's regulations through lcihich members of the public rnv.y pet"ition the Cqmnission for action Hith rt~spect to a particu'lar facility..

J\\lthough 10 CFR 24206 does not involve a fornm1 adjudicatory process, the petitioner must be informed of the ultimate

<Hsposition of h"is or her petition, and if the petition is denied, the pet*itioner must be provided specHic rc-~asons for the denial~

On February 7, 1980, th0 Colernans' pet"ition Has denied 1:.'ith respect to Sah~m Unit 1 by Decision of the DirGctor, Office of Nuclear Reactor Regufotion -o~rm).

The Commissfon has decided not to review this denial for r;:dief pursuant /(1 to 'IO CFR 2.206(c).

The Director of NRR denfod the Colc:mans' petition __.,/

\\ *'

  • on 1~.. pril 18, 19DO v1it!i respect to Salem Unit 2 and the Hope Greek Statfon

\\

t1hich is located on the same site as the Sa1Gm units.

The Director's

i.

f\\pril rn denial is pending before tiH~ Commission for its discretfonary I

review..

Copies of the two denials are enclosed Hith this letter (Enclosures rn and 11 ).

80 052 8 0 '~r

/\\ sunnnary of the Staff activities in this-mutter nnd brief rGsponses to f'.1ro and l1lrs. Coh~man's complaints are provided belo\\'J.

1.

October 18:>

l~l79 - Date of Co1emans' petition n-~1nted to 11taking 11 of endang0red sp12cit-2s of fish~ nam~1y Shortnose Sturseon~ at Salem Nuclear Generating Station Unit ifo.

l.

T!l"is pGtitfon \\*1as rec~.:iv2d by the f'-mC Staff on October 25, 1979.

A copy is prov-ided as Encfosure 1.

OFFICE~,._..... - *...... _.........*.. _..... -.......................................... *'*...........................

SURNAME~._....*... _...... _.. _.. *... ::.............. -...... *'......

  • ............... *:. ~.. '*.. '* :............ *.......... ;, :....

DATE................. -***********-********

NRC FORM 318 (9*76) NRCM 0240

  • u.s. GOVERNMENT PRINTING OFFICE: 1979-289-369

Senator Wil1i'ai1s 2~. On October 26~ 1979, the Staff notified Mr. and Mrs~

Coleman that an informal consultat*ion with repre-sentatives of the Nat-ional Oceanic and Atmospheric Administration (NOlV\\) on the issue raised in their petition would be* held on October 29, '1979 at the NRC Offices in Bethesda; Maryland~ A copy of the meetfog notice is prov1 ded as Enclosure 2.
3. The agenda for the October *29, 197.9 meeting consjsted of:

(a) a tedmical discussion of the Delaware River and Estuary as a habitat for Short nose Sturgeon and (b} gl{idance from legal representatives from MOM relateq

.. to the NRC's responsibility under the Enda.ngered Species Act.of 1973 (Public Law 93-205, as amend~d by Public Law 95-632)~ Representatives from the u.. *s. Environmental Protection Agency and De'laware and New Jerse.y state agenties also participated in the meeting.

At the con-clusion of this meet'hls the Project Manager notified Nr.

and Mrs. Col~man,. who ~'iE;re present~ that the NRG Staff*

would initiate formal consultation \\*~ith the National

. Marine Fisheries Services (NMFS, a part of NOP.A). immedi-ately..

On the basis of.the information acquired at the

  • meeti119, the Sifaff was confident that *continued *operation of *s~1~m Unit 1 during thi$ consulta~ion would net jeop-ardize the Shortnose Sturneon population of the Delaware River.
  • Mr *. and Mrs. Coleman were also assured th.at they wmild be notified of any meetings scheduled as part of the consultation h~tween NRC and NMFS.

. Mr.. *and Mrs. Col etr\\ilil

  • state in their letter that they have not been i nvi t.ed to any forma 1 or informal consul tat ion si nee the October 2@
  • meeting nor. received minutes of this.meeting or all docurnentation and corrosponden.ce pertaining to their petition..

I am pleased to be able to* respond to the.se concerns *as followse

  • The October 29 m.eeting was considered an *informal session to clarify the NRC's responsiMlities under the Endangered Species Act; therefore, minutes of the meeting were not recorded.

Subsequent to this wieeting, the Chief of the Staff's Environmental Specialists Branch prepared a memorandum to.

provide justification for allowing Salem Unit 1 to continue operation during the formal consultation period.

A copy of this merribrandum is provided as Enclosure 3.

t~ith the advantage of hindsight we realize-that it ivould.

  • have been helpful to fori*wrd a copy of this memorandum to Vir;. and Mrs *

. Goleman to document the oral explanation provit.1ed by the Project Manager.

OFFICE~.-*..**.**.. *...*....... *'.',....... *****

.............. ;.......... *~.......................... *..

SURNAME **.***.....* :.... * *.... *.... *,.********

o o

o ol

  • 0 0

0 0

o o

o o,.* o

o. *

~

0 0

00 0

0 0

o: ~

0 0

DATE **...*.***.**....*.., * * *. * * * * * * * * * * * * *............... ~.................................... *. *...................

NRC FORM 3-18 (9*76) !'JRCM 0240.

  • u.s. ~OVERNMENT PRINTING OFFICE: 1"979'289*369
  • 1

~~~~~~~---------------------

Senator VI i11 i ams

- 3....

The formal consultation between NRG and NMFS consisted of an exchange * -

-of letters without additional meetings.

By letter of October 31, 1.979

{Enclosure 4) the Staff requ-c5ted fhe consultation required by the Endangered Species Act.

The ~IMFS rc;sponded by letter <lated De<;ember 7,

-1979 (Enclosure 5). Additionally, the Staff advised the EP11 of this action by l~tter dated October 31:. 1979 (Enclosure 6)_ andt in turn:t the EPA recognized* the lead r.ole of the NP-C in a letter dated J.anuary 9~

1980 _(Enclosure])*

Copies of these fuur letters were placed_ in the Public Document Room at the Sa1enr Free Library in Salem~ New Jersey.

A copy of the NMFS findings {Enclosure 5) was *mailed to Mr. and Mrs.

Co le1~a n; howeve_r ~ our t ransffii tta l nccurred after these 'f'i ndi ngs had beer1 reported in certain newspapers in the Sal~m area-.-.. I apologiZe to Mr.. and Mrs. Coleman for the delay in providing them with the~ NMFS.

r*csponse, but this delay was not due to any intent to withhold relevant information.

In "fine with their interest in the Shqrtnose Sturgeon populatfon in several rivers and estuaries-on the Atlantic coast, members* of the -*

Staff's Environmenta:l Specjalists Br:anch partkipated in Novernber and December 1979 in two meetings -wherl'Ol* this topic l'Jas on the agenda.

Since these meet,fogs were convened by other agencies and were not part_

of the NRC consultation process related to the Coleman*s petition, the.

petitioners were neither notified of the meetings nor the Staff's par-ticipation. The trip reports prepared by the Staff 1s participi:mts are provided as Enclosures 8 and 9 f.or* yo1:1r informntion.

  • In response to Mr.. and Mrs. Coleman's contentim1 that the NHC has been irresponsible by ignoring their offer to provide expert witnesses -111

-this m{ltter, I find that mme of the Staff members who were present at th~ October 29, 1979 meeting have record of such _an offer or request.

_t*Je were aware that t!)e petition included requests that (a) Mr. and Mrs.

Goleman be admitted-as intervenors*; (b} evidence be taken o_n the conten-.

r fiqns re lated to.0tak i ng 11 of Shortn-ose Sturgeon; and {c) a public hearing be held in the County of Salemt New Jersey~ City of Salem.

As indicat_ed in the opening paragraph of this letter, the petitiori has *oeen denied.

  • by decision of the D"irector of the Office of Nuclear*Reactor Regulation
  • dated February 7, and r\\pril 13; 1980 {Enclosures lG and 11 )..

- OFFICE~.-._.....**................. *...*.. *.. '.,........ '........*

SURNAME

...****...... _.*.,.. ;........*......*........ *. *'*... *. *'***............. ~'.... *,.. ~......... *,........ *........ -....... ~*. *...

DATE~ *..*.**.**. :....*.... '..... *..*.*,,.. *........................................... *.................................

NRC FORM 3*18 (9*76) NRCM 0240

' -t<u.s. GOVER~MENT PRINTING OFFICE: 1979*289-369

Senator i~i1liams

- 't -

I hope this informathJ11 is responsive to your request.

Enc 1 osu res:

/~s Stated OFFICE~*'*.....**........................ *..

SURNAME~ *................................ ***

DATE~ *....*..............................

Sincerely, I

lSigned) E. Kev~~ &FlfflH!

/~ Hi11iam J. D"ircks, Acting I ' Executive D*ircctor for Operations

........................................... *......... ~..................

N~C FORM 318 (9-76) NRCM 0240

-i:ru.s. GOVERNMENT PRINTING QFFICE: 1_979-289-369

~*

'NR*C FORM :3Hl (9-?GJ NRCM (\\240 DISTRIBUTION Docket Fi 1 es.. 50-272/~11 /Mtl /MS NRC PDR~ {.i.IJ (/I) I~

Loca 1 PDR e

11 TERA NSIC NRR Reading EDO Reading

  • W. Dircks H. Shapar W. Russel 1 D. Muller R. Mattson D. Eisenhut C. Kammerer SECY J. Cook H. Denton E. Case W. Gammi 11 A. Schwencer W. Ross C. Parrish I&E (3)

Attorney, OELD G. Ertter (ED0-08590)

M. Groff M. Jambor M. Stine J. Butts H. "'.Rood..

c I

UNITED S.ES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

$;// '6>>; A/£12

~

UNITED STATES NUCLEAR REGULATORY COMM ISSION WASHINGTON, D. C. 20555 Docket No. 50-272 The Honorable Harrison A. Wil li ams,

United States Senate Washington, D. c.

2051 0 Dea r Senator Williams :

1/w_{J;~ I ne./1-~ fl{M~

~

'. dn,. _ J /'

.P/J, 10 CF12~

- 2 f <-t.l..

(]mVJ~~

~

~

~

s.:;cCM. 's v-e.~ la..:fuJ-CA.-1 i

/'.. -

tlAL ht * ~ ~~~~

1 ~ ~~

Ufi,-fh_ J;f)lj_-t c-fo Ci- (fAffC ~

~

0-.C--

AHM

~ ID crie z 7.()(o d.ee4 £-1..Uf Jr*

~t.C.U c.drJyy p;o ce s s, -fW...,e+z~

I

..w>JL_o;tl;n vH-~cU-Ofio;~

~'}f hR___ I ~cYlM-IW'-

v l

  • ~

e_J,.,~ LA

~ ~

(N ~*~=, f ri/L

~~~,

This is in response to your letter of March 12, 1980 in which you requested information rel ating to a letter dated March 5, 1980 from Alfred C. Colema n, Jr. and Eleanor G. Colema n to Wil li am J. Ross, the NRC Project Manager for Salem Nuclear Generating Station Unit No.

1.

Som2 of the concerns Mr. and Mrs. Coleman expressed in their letter were based on perceived neglect on the Commission's part to keep them informed of actions taken by the NRC Staff in response to their petition of October 18, 1979.

Thi s petition requested the Corrmission to issue r-----

a show cause order to Public Service Electric and Gas Company {PSE&G) to suspend or revoke the operating license for Salem Nuclear Generat* g Station, Unit No. l and to stay the licensing of Salem Unit No. 2.A On

~*1 February 7, 1980, th(:5.rtpetition was denied b De * *

'- Office of Nuclear Reacfor,R egu lation~ he Corrunission has d\\cided not to review this denial ~relief pursuant to 10 CFR 2.206{c.J, "(/u.,

Pi ce.cfo.r d{ N R.R. ~

~~

~

~

~JI'; !'i3'0 IP?-~ /l.f}Aour7 r""

A summary of the Staff activities in this matter and brief responses to Mr. and Mrs. Coleman's complaints are provided below.

1.

October 18, 1979 - Date of Colema rfk/ petition related to "taking" of endangered species of fish, namely Shortnose Sturgeon, at Salem Nuclear Generating Station Unit No.

1.

This petition was received by the NRC Staff on October 25 ided as Enclosur pv'/-~.re~~

c~t~

2.

On October 26, 1979, the Staff notifi d Mr. an

3.

Coleman that an informal consultation. on, their petition

\\'/Ould be held 26 P9'lWiPS 1 Rf 9 Hi I

I 99 809 (iii~

~1Hlaogered 5Deci9s 0ct sf 1073; u a 111::1t1,,._ on October 1979 at the NRC Offices in Bethesda, Maryland.

A copy of the meeting notice is provided as Enclosure 2.

The of:

and (b) agenda for the October 29, 1979 meeting consisted (a) a technical discussion of the Delaware River Estuary as a habitat for Shortnose Sturgeon and guida nce from legal representatives from the

q 1PJ13 (P11bltc.- J..aw 93, zo~o<-s ~

4;

~ 1S-f..32-)

Senator Hilliams

~l.t.i.Q.i+ft-l-~~~~~illi::t:t....ami::itll::mrrs:i:i~+/-c:~Effffii-fti-strcrr1f<on Aa.-H~-H--r~~~l4-l"'&Rff!e1~H--!Lf~-ee~:TA-~~cy C's responsibili°*1 under the Endan ered S ecies Act At the conclusion of this meeting the project manager notified Mr. and Mrs.

Coleman, who were present, that the NRC Staff wou ld initiate forma l consu ltation with the National Marine Fisheries Services (NMFSf/\\i mmediately.

On the *basis of the information acqu ired at the meeting, the Staff was confident that continued operation of Salem Unit l during this consultation would not irrBparahlLieopardize the Shortnose Sturgeon population of the Delaware River.

1*1r. and Mrs. Col eman were also assured that they v10u ld be notified of any meet ings schedu 1 ed as part of the consultation between NRC and NMFS.

Mr. and Mrs. Coleman state in their letter that they have not been invited to any forma l or informa l consultation since the October 29 meet ing nor received minutes of th is meeting or all documentation and correspondence pertaining to their petition.

I am pleased to be able to respond to these concerns as follows.

The October 29 meeting was considered an informal..faet fidi11g session t o clarify the NRC 's responsibilities under the Endangered Species Act ;

therefore, minutes of the meeting were not recorded.

Subsequent to thi s meet ing, the Chief of the Staff's Environmental Specialists Branch prepared a memorandum to provide justification for allowing Salem Unit 1 to continue operation during the formal consultation period.

A copy of th is memorandum is provided as Enclosure 3.

With the advantage of hindsight we realize that it would have been helpfu l to forward of thi s memorandum t o Mr. and Mrs. Colema n to document the oral explanation provided by the Project Manager.

The forma l consultation between NRC and NMFS consisted of an exchange of letters without additional meet ings.

By letter of October 31, 1979 (Enclosure 4) the Staff requested the consultation required by the Endangered Species Act.

The NMFS responded by l etter dated December 7, 1979 (Enclosure 5).

Additionally, the Staff advised the EPA of this action by letter dated October 31, 1979 (Enclosure 6) and, in turn, the EPA recognized the lead role of the NRC in a letter dated January 9, 1980 (E nclosure 7).

Copies of these four letters were placed in the Public Document Room at the Salem Free Library in Salem, New Jersey.

i

'~ '*'.... *..

S en at or W i 11 i a ms A copy of t he NMFS findings (Enclosure 5) was mailed to Mr. and Mrs. Col ema n; however, our transmittal occurred after these findings had been r ported in certain newspapers in the Salem area f"

att::i ons-r In line with t heir interest in the Sho tnose Sturgeon population in several rivers and estuaries on the Atl antic c ast, members of the Staff's Envi ronme ntal Speciali sts Branch partici pated in Nov mber and December 1979 in two meetings 1,11ere t his topic was on t he agenda.

S1 ce th ese meeti ngs 111ere convened by ot her agenci es and were not part of t he NRC consultation proc*ess related to the Col eman's petition, the petitioners

~e re neither notified of the meeti ngs

(_ nor the Staff 1s participation.

The trip reports prepared by the Staff 1s partici pants are provided as Encl osures 8 and 9 for your information.

In res ponse to Mr. and Mrs. Col ema n's cont 1tion that the NRC has been irresponsible by ignoring their offer to pr vide expert 1"itnesses in thi s matter, I find that none of the Staff member who were present at the Oct ober 29, 1979 meeting have record of such n offer or request.

e were As lt:-~W>.a-:t"C a1~ are t hat the petition included requests that (a) Mr. and Mrs. Col eman 1£1">>!~~

be admitted as intervenors ; (b) evidence be t a n on the contentions 1 related to 11taking 11 of Shortnose Sturgeon; and c) a public hearin be held in the County of Sal em, New Jersey, City of Sale e5oe requests.

Encl osures:

As Stated

\\

apologize to*

them with the NMFS response intent to withhold William J. Dircks, Acting Executive Director for Operations

-!:";..1

~- *~....

~

5,.

~-*

--. ~~~-~~~Jdk,-~ufidF~---

-~~-.Lui:k*~-1J-~'I-&~----

-~-2 ddJd~Ji_j_tL~Z~-L!J_f!d_L!_)=--,,. _

-~*

  • .*rz;:;_/L~c-~~)t,_* --

~~--'--.

__ ", ----~--

. I..

I

---~-.--~---------*-

. l L

vur-*

Ffi~....l:

Sen. Harrison *A. Williams ACKNOWLEDGM DATE OF DOCUMENT rl-NT~E~R~l~M~R~E=P~L~Y___,...;:==::::=-..o._;'-1 3/12/80 1---------------~----~----1 TO:

PREPARE FOR SIGNATURE Willi am J. Ross t--~~-----+--~f-~~oF:

FINAL REPLY 0

CHAIRMAN FILE LOCATION DO EXECUTIVE DIRECTOR OTHER:

DESCRIPTION 0 LETTER 0 MEMO 0 REPORT 0 OTHER SPECIAL INSTRUCTIO SOR REMARKS Ii d Alf d C.

I\\ A,":;/.

(.A.t/,A\\., ~

3/...2-I--1 r:_,_J Encl cy ltr from Eleanor C. an re

~~ -Ylj ~

/ o

~P Coleman addressed to Wm. J. Ross, NRR,

  • concerning licensing of Salem*and Hope Cree and their 2.206 petition CLASSIFIED DATA DOCUMENT/COPY NO.

i;:LASSIFICATION NUMBER OF PAGES.

POSTAL REGISTRY NO.

LEGAL REVIEW ASSIGNED TO:

DATE D

FINAL D

COPY NO -LEGAL OBJECTIONS NOTIFY:

J--!:~:::::::i:::=..!!:::::~...L:::::~~.1!:::=~-1 0 EDO ADMIN & CORRES BR 1--'.,...:_.~~""'-""""-~-+-~-----l -~~~~~EXT.

~:::-1-~~~~~+-----l COMMENTS, NOTIFY:

EXT.

JCAE NOTIFICATION RECOMMENDED:

DYES D

NO EXECUTIVE DIRECTOR FOR OPERATIONS DO NOT REMOVE THIS COPY PRINCIPAL CORRESPONDENCE CONTROL

~---*********************-************************-*-*********-************

FFiG.,;/;

Sen. Harrison A. Williams TO:

Wi 11 i am J. Ross CONTROL NO.

~ 08590 PREPARE FOR SIGNATURE t-------.1------'--~0F:

FINAL REPLY 0

CHAIRMAN FILE LOCATION DO EXECUTIVE DIRECTOR OTHER:

DESCRIPTION 0 LETTER 0 MEMO 0 REPORT 0 OTHER SPECIAL INSTRUCTIO SOR REMARKS

  • J Encl cy l tr from Eleanor C. and Alfred C.

().dV...AJ:../;/JJ ~

.3/..:i- -7'1 fzJ Coleman addressed*to Wm. J. Ross, NRR, concerning licensing of Salem and Hope Cree and thefr 2.206 petition CLASSIFIED DATA DOCUMENT/COPY NO.

CLASSIFICATION NUMBER OF PAGES CATEGORY t-P-0-ST_A_L_R_EG-IS_T_R_Y_N_O__,.r-------t. D NSI D RD 0 FRO INFORMATION ROUTING LEGAL REVIEW ASSIGNED TO:

DATE 0

FINAL 0

COPY NO.LEGAL OBJECTIONS NOTIFY:

J-...!:~~~~:_j__.IS:!~~~~---1 0 EDO ADM IN & CO R RES BR J--!c,....!-~'-""~"-1---l-------l ~'------EXT.

1-JL.L~~~~~..L.-----l COMMENTS, NOTIFY:

EXT.

JCAE NOTIFICATION RECOMMENDED:

D YES D NO EXECUTIVE DIRECTOR FOR OPERATIONS DO NOT REMOVE THIS COPY PRINCIPAL CORRESPONDENCE CON IRR!

HARRJSOf'J p, WILLIAMS, JR.

N~W JERSEY WASHINGTON. D.C. 20510 March 12, 1980 Mr. William J. Foss Salem 1 Project Manager U.S. Nuclear Regulatory Co~~ission Wa~hington, L.C. 20555

Dear Mr. Ross:

Enclosed you will find a copy of the letter I have received from Eleanor and Alfred Coleman of Penn_sville, £qew _Jersey *

  • ,,.:0~/-

(~ :'.!"i..

A-:t"

-.~ WOUl."<:i appreciate any information Which will

_;-:u

~t.*_~****-

.-"':~*........

.j

__,.:"*.. enabl~_,:.lri'e* to 'respond to my constituent's inquiry.

~ '<.,..

. /..f;.~J.

~;..

  • Please return the enclosed correspondence with your report.

With kindest regards, HAW/mp EnclosU.re j:::::::::::.

r&lISiit 1-----------

r.*:::::::*:.-.

~.... -** ----

r:-:-:-:-:-:-::-:-:::

r.-:.*::.:::::

: :.-.-_-_._-_-_-I
1

1 r:-:::_:_:_:_:_:_::

I L~~'.'.'.'.'.'.'.'.'..*

-:-:-_:_:_:;.-;;1 I

I _ _-*

i' f~

~ ~

p r,.

e.
  • ~:*

'.JS.. t.." Drive

~'mmsvilie, N. J. 080?0

{609) 678-712.S

~'.iarch S* 1980 tt.r. -.tilllma J. ;\\osm':

-Salem 1 1-'r0j0ct ~~er

u.

~. -_ l-h1clear Regulatory Oommissi¢n -

Washington. D. c. 2osss

Oe.-ar i<ira ROSS&

Salem 50-272 Sal.Gm 2 - 50*311 Hope Croekl-50-354 HO?$ Cre~_k 2.;55

.Ei.t1JA~G5R.~ SP.1:I~!5 S1lOPTROS£ S!UffG~-:ON

  • ,11 "th only :.i w~ekend' ~ notice we received e.. RUSH eall. to apperu-at leO? pm October 29, 1919 in 3e~hezdn to meet on t.."rie above ~.ibj£tct.

SL11ce that timQ we have tried. to !"ind out what's been happenine between the various acencies that also attended.

After making calls tor ~ ccu~le o~ days to various parties arou.'ld the end of Decemb~r ~~ finally r~aehed you on Dezem"O@r 28 at which time you in.formed us you dl~~*t ce>nta.et us.because you did not have our address (ev~n though. ill who a:ttended the October 29 meeting signeod r~tme, Titl.e, Crga.nise.tion, Address an~ Tf~lephont'l !\\'umber.on a she~t that was distributed to all in att~ndance). You

~lloUld also be aware the rules E"..nd re@lailons of the NH.C rcq_uire ful.l ad.dress when petitions are submitted.

('i"hir.: m~"lt our address appeared on 6 docwents crigirutl.ly submitted)

As a result of our D(\\emtblr 28 tft.lephone converMtion, you E:snt us the bioloc;i cal opinion si ven by :?erry L. Lei t£~1l eated oecember 7 *

~Ie r-ecei ve1 th!s doeumQnt January 4. 1980 Not u."':til the name docu.'l!ant was received by us f?:'o'Sl harold R.

Denton on Febru~-y 22, 1980, ds.ted February 71 1980 WGre we nri vile.n~d to who lfr. Lei tzell eYa..~ waa {the name of "the eg~ncy ~:r.. Itei tzell represents wa~ c.ut off th~ copy you $ant us; *

.Atta.cha\\l to :*.:r *.Jen.ton's lettsr of F.. e'bruary 7. 1980 to us was a* copy of n letter dated Catober Jl, 1979 written by

~'im., H.

Rer;~t'l, Jr., Acting Asst. 01.rcetor for £.11vi:-onmental

?rojectz und *rechnolo..gyri Jivizion of ;-:;ite, :;afe'ty a.-id

.Environm~1-tal Analysis directed to i:.r.

~;illir-... ":l ::-:ordon, Reciontl

~*1111 am J. Ross

~dangered 3peci*@

mortnose Zturg~n.

.Liirector,. National. ~~arL"l.e l,.ishe.ries Service, ~'atiorutl. Oceanic t;; Atmospheric Administration r~uesting e. f'ormal consultation with his agency.

After the meeting 'uctober 29, 1979. we '11.ai "ted around for over an* hour while your a.f~e..."ley went into closed session 'to decide whether or not to allow Salem I to start. As you.ro.cn.l.l. there was no conclusive evi!!a:.""loe at this meetiniS we attended that.

the llcansee ooul.d protect this endanf,-er&d epeci61& *as required * -

. by law. !l$vartheleee. a.~ e~e-cted, t..'fl~ verdiet was naturally to all.ow the ;~alem l facill ty to operate anyhow.

As you also *PJ.hould.:r~eall, you were the one w!!.o {~ter the closed S$esicn) cmne co~"n and told u5, in addition to the decision.. 'to allow ~~ l to operate - no matter what -

the.ti

1.

~e ~~uld receive a copy 0£ the minutes taken at the October 29 ttitietinr,:.*

N!:~1tgf'~ REC£!Vlill 'fO DA"fi.Z:d

\\.J*e weuld be invi 'ted to attend all formal and informal consultation w1 th any and dl &{"':~cies involvt?.d.

1'0 :J.ATE HAVE NC~f* BE~i !NVI~:i!D *~:O AHY B.2YOltJ ?IRS'£ ONE OC?CBJ!..~. 29.

3.

,1e would r~eei y'"e copies of all corre.spondenc.e and documentation pertaining to th(l'J$f.t. petitions.

I'W'.i'.'1iING LX~J:?l Dec0t~ber 7. 1979 letter fro~ you and letter :erom Dent.on. Dat~d February 7 with attachments.

de ;tre sure the so peti tlons have t~enerated mor$ a.ct! vi ty than we he.ve been privileged to.

Jurin~ the October 29 informs;_l consul tstion in Bethesda, al thoueh we Mmej no one, Wt'& e.ssurtH'!. thone in attendance we were prepared to preae..11t OU!' ca~e which inclu.ded expert "Vi tnesse$.

{This fact E'..h.oulf. be included in 'th~ minuter:i we have not recei v~c.t.)

  • iO do not c.t.'t'ldergta.nd how the NRC cP.n be so irretroonsi ble in this imvort~nt ca~e and et t..~e sa:.~e tim~ req\\dre ~o much formality from t.'1.e public.

Eiased on th~ infornm.tion we've received, we.feel th~ decision to nllow ;~;alem 1 to cperate is irrer:;ponsibl~. (letter fro~ Denton).

II~.. Denton' s decision poin"t$ O<.?t his denitl. o:r o~ neti tion for

.AL~;.~ 1 c~~LY (subject to the revig.w of the com:ni ssion}.
However, he ~eci.ficinlly pQintE out that ccnaid.erotion of our request :tor Z,AY 0.? r.rc.:*:.n::.iING CF SAL~*ll 2 and Con~tr.uction 1->e.nd. ts £or

~r-e

Jilllam J. Ross *
  • Endangm--ed s:peclea shortnose StU'rff.&On nC?~ CREE:< l and 2 IS STILL IN ?ROGR~SS AND A D~CISION WILL Ee ISSUED hiHEN !)U?P'ICI!:l':i'i' INPORiUd'ION HAS B.SEN.D!.WJ.tLO:PED.

~ie fail. to understand how EmGkesmen for PS~?ie can be so misin-fo~&d as to b~ report.i~ tiuiJy tseei no reason why Salem 2 should not be llee.¥lsed to operate. (?er UPI - Lower Alloways Craek ne\\lts release ~arch J

  • 1980)

~e feel the1.. e could be an improvement in the manner ln which intervenors ar$ treated.

Th~r¢ has been adeQua~e time during the lleensing delay (becaus@ 0£ T£I) fer us to be hear4.

It se-sms there a.re still many lesson~ to be learnett:

CC*

Oont!resa-nan tfilliam c.i

  • Hur;hes Con..*tressman. Jattles J..Florio

$ens.tor ~ill Bradley

£e.'1.Eltor Ha..."'Ti :eon A. --~illiams Ha..."l"'Old ri. Denton, Direc~or

)

ronn ?. Ahearne, Chairman

)

Director of Nuclear Mat~rial Se.fety a.nd ;~eguards)

~,*

~ 0$.Pi 4"

T

'i

,.t

  • ~./!'

)

J.JJ.rec -..or O-

.i.,,,_ ce o...

~nrzmeet: on an,_.

~'xu orce:raent i)irector of Office of i~:i~l::tli!!tration

)

Victor Gilinsky, Commi ssion~..r

)

~i cha...rd 1Z

  • K enn.e<lY 11 Commi.~mioner

)

F~ter A. Bradford, Cor.cl ssioner-

}

>>-ta shin.,,-rto n,

J.C. 20555

j!)- "K" Dri Ve Pennsville, N, J, 080'7'5" (609) 678-7125 March 3,-1980 United States of America Nuclear Regulatory Commission Washington, D. C. 20555 Attention Harold R. Denton, Director Of.fice of Nuclear Reactor Regulation PSE&G Co. SAL:EM UNIT. NO. 2 ~ DOCKET NO. 50-311 PROPOSED ISSUANCE OF OPERATING LICENSE CPPR-5)

Dear Mr. Denton a Your correspondence of August 21, 1979, acknowledged receipt of our petition dated August 3, 1979 requesting a "stay" of the issuance of the operating license for Salem Nuclear.

Generating Station Unit No. 2.*

In addition, your correspondence of October 1, 1979 acknowledged receipt ot our petition of August 31, 1979 seeking to amend* our previously submitted petition.

This petition covers need :for power, economics and safety-related issues.

With yo~ letter, you sent us a copy of the notice that was being :filed for publication with the Office of the Federal Register.

The licensee (PSE&G) in a news release.to the wire service (UPI) dated March.3 indicates it is the intent of the NRC to license Salem II in the near future with no regard to our petition (attachment).

We feel the Commission is negligent in its responsibility to Citizens by not reviewing current cost benefit analysis.

The NRC has had our petition for.five (5) months *. The extended delay in the issuance o.f an operating license for Salem.II has provided mre than adequate time -to grant us a hearing on the cost benefit analysis and need.for power as required by the National Environmental Policy Act, 10CFR Part 51, and* 10CFR Part 2.

We are prepared to present factual evidence that Salem II

("AS IS") is neither needed nor is it an a.f.fordable source of energy *.

Is it the intent of the NRC to operate in a "business as usual" manner - completely ignoring the concerns raised in our petition as amend~d?

Very truly yours, Al.fred C. Coleman, Eleanor G. Coleman

SERVICE LIST Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. c. 20555 Director Qf Nuclear Material Safety and Sa:f'eguards U.S. Nuclear Regulatory Commission Washington, D. c. 20555 Director of.Office of Inspection and Enforcement U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Director of Office of Administration U.S. Nuclear Regulatory Commission Washington, D. c. 20555 Dr p~1

~**,Men!it'ie,.; Ch~ir~ary, l~e,/!ef

~_guJ(_~ j; O?tY _..,Cqpjm'i.s4¥6 n

£n, p. c. 20555 Victor GilinSky, Commissioner U.S. Nuclear* Regulatory Commission Washington, p. c. 20555 Richard T. Kennedy, Commissioner U.S. Nuclear Regulatory Commission Washington, D, c. 20555 Peter A. Bradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D. c. 20555

. John F. Ahearne, GemmieisieY.ter ~

U.S. Nuclear Regulatory Commission Washington, D. c. 20555

  • I

"'~-[hr lrtullrtfo. Monday, March 3, 19

. 2 NB Salem II '_nuke plant may. st~rt in April

.. *:=**:

-~:._*

~-- i -.*

  • --~.

Lower Alloways Creek -

(UPI) -

license in.April/' he added.

I I

The Nuclear Regulatory Commis-The so-called "low power-testing sion probably will grant permission license" would permit the 1.1 million next month for a limited startup of kilowatt plant to begin generating up 1 Public Service Electric:& Gas Co.'s to 5 percen_t of,its capability, i Salem II nuclear plant, a utility Lenehan said.

j spokesman says.

The license also would allow offi-Spokesman Arthur *F. Lenehan cials to conduct tests, Lenehan add-I also predicted yesterday that the

  • ed. The tests are expected to take be-
  • plant, which has been idle since con-tween four and six months, he said, struction was completed year, could and, if successful, the utility ceuld be in full operation by tl:ie end of the then apply for a full-scale operations summer if the NRC allows the facili-license.

ty to open in April.

At full capacity, Lenehan said the PSE&G was prevented from open-

$750-miJJion Salem II would produce ing the reactor last June after the enough power to replace 45,000 bar-NRC imposed a moratorium on new rels of oil a day.

nuclear operations following the ac-

.NRC officials have visited the Sa-cident at the Three Mile Island plant lem II plant several times in recent in Pennsylvania last March.

months and after carefully inspected But the commission last week the facility, said "it looked encour-,

gave permission for a limited star-. aging," Lenehan said.

tup at a Tennessee nuclear plant and*

  • The commission is expected to Lenehan said NRC officials "have deal first with a request from Virgin-indicated to us we are second in line ia Electric.Power Co. for a limited for the granting of a limited opera-operation license for its North Ana tion license."

nuclear plant before taking up the "If itll goes well, we could get that PSE&G request, Lenehan said.

~.

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 March 20, 1980 Note to Mildred Groff This letter was sent to William Ross by the Congressman.

Also the attachment concerns a number of activities that Mr. Ross conducted with Mr. and Mrs Coleman.

He therefore should have the lead on this.

IJR!rJL Daniel R. Muller, Acting Director Division of Site Safety and Environmental Analysis

Retrieved from "https://kanterella.com/w/index.php?title=ML18082A475&oldid=5012861"