ML19029A378
| ML19029A378 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 03/10/1978 |
| From: | Potter R State of NJ, Dept of the Public Advocate |
| To: | Case E, Lear G Office of Nuclear Reactor Regulation |
| References | |
| Download: ML19029A378 (4) | |
Text
STANLEY C. VAN NESS PUBLIC ADVOCAT&:
Dr. Edson Case
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~tat.e of N.em 31.er.ary DEPARTMENT OF THE PUBLIC ADVOCATE DIVISION OF PUBLIC INTEREST ADVOCACY P. O. BOX 141 TRENTON. NEW JERSEY 08601 March 10, 1978 3/1a/re
. ARTHUR PENN DIRECTOR TEL. 609-292-1692 Mr. George Lear, Chief Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Ccrrani.ssion Washington, D.C.
20555 Operating Reactors Branch *3
- Division of Operating Reactors U.S. Nuclear Regulatory Ccmnission Washington, D.C.
20555
!:ear Dr. Case and Mr. Lear:
In ~= Salem Nuclear Generating Station, Unit No. 1 (Public Service Electric &
Gas Co.), (pro:E;XJsed issuance of amendrrent to facility Operating License),
I:bcket No. 50-272 The Nuclear.Regulatory Carrmission ("NOC") announced in the Federal Register on February 8, 1978, that it is considering issuance of an arrendment to the Salem Operating License ("OL") 'Which would p::rrnit the o:i;:erator, Public Service Electric and Gas Campacy ("PSE&G")
to increase the capacity for on-site spent.fuel storage from 264 to ll70 fuel assemblies.
43 P.R. 5443.
'lbe p:riod for storage 'WOUld also be lengthened from the present 1 year to 15 years, or until 1993.
The final aate for the filing of p:titions to intervene was listed as March 10, 1978.
Since the _publication of notice, however, the NR:: has
Dr. Edson Case and Mr. George I.ear 2 -
March 10, 1978 announced that it will conduct an info:anal "public info:r:nation rreeting" in Salem, :New Jersey, in the vicinity of the facility, on March 15, 1978.
'Ihe purpose of the rreetinq, according to representatives of the NRC's Office of Congressional Liasan, is to acquaint the public with the applicant's petition and the proposed NRC response. fure.irrq;:ortantly, the neeting will provide the first opport:tmity for interested residents to question the NRC on the factual and :i:olicy matters underlying the PSE&G application.
Obviously, the public can expect to discover a great deal about the possilile impact of the proposed action on their lives at this rreeting.
While the Public Advocate endorses this example of public awareness, we are conce:med with the implication of its timing. Since the meeting will occur five ( 5) days after the tolling of the tirre for submitting
- petitions to intervene, the public is placed in a difficult position.
Either concerned citizens must file :petitions on a matter of great technical and legal canplexity without the benefit of a public encounter with agency representatives, or they roust forego intervention in hq;es that the rreeting will answer their questions and satisfy their interests.
If the rreeting dces not meet their needs, they will be faced with the pros:pect of filing late p;titions which, under the rules of the Comlissian, are upacceptable unless "gcod cause" is shown.
10 C.F.R. 2.714(a) (1) to (4).
Since individual citizens are likely to be without counsel at this stage, rreeting this burden is p::itentially beyond their means *. Certainly, it will require, at a minimum, substantial effort on their part, together Dr. Edson Case and Mr. George Lear *e March 10, 1978 with time and cost to the Ccmnission, any duly appointed Atcmic Safety and Licensing Board, the Office of the Executive Legal Director, as -well as counsel to the utility, who will have to.respond.
In short, the Comnission can avoid a waste of effort and resources by extending the r;eriod all~d for intervention.
lt)reover, since there are no fuel assemblies anticipated for unloading before "the first quarter of 1979,"* there "WOul.d be no ap~t prejudice to the utility if the tirre for filing petitions is reasonably extended l:eyond March 15th.
In our view, the Comnission shoul.d authorize an extension of not less than twenty-one (21) days after the March 15th rreeting or until April 5, 1978 for the filing of tinEly petitions. 'Ihis will save the Corrmission, the utility and
- rre:rnbers of the public considerable time and expense. It can only lead to the filing of rrore artful petitions by those still interested after
.March 15, 1978,and eoul.d well result in sarre citizens not filing or withdrawing petitions if their concerns are satisfied at the :rreeting.
In short, an extension to April 5, 1978 will serve the public interest, while a decision to hold inflexibly to the March 10, 1978 deadline will only lead to confusion, e:xp:¥l.se and a loss of faith with the public.
Accordingly, the Public Advocate respectfully requests an
- See letter of Noveml:::er 18, 1977, Mr. Frank P. Librizzi to Mr. George Lear, Chief, Op:rating Reactors Branch #3, Division of ai;:erating Reactors 3 -
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e Dr *. Edson Case and Mr. George U=ar *e March 10, 1978 extension of tine for the filing of petitions to intervene and request a public hearing. All those who had filed previously should be pe:rmitted to arrend their petitions unilaterally within the sane tine.
RWP/db cc: Secretary of the Ccmnission Executive Iegal Director Barry Smith, Esquire Troy B. Conner, Esquire Al and Eleanor Coleman Michael Di.Elernardo William c. Ho.mer, Esquire Daniel A. Rita Isabel Sayen Honorable Martin A. Hellila!l Honorable William J. Hughes Honorable James J. Florio Honorable Rocco D. Ricci Honorable Joel Jacobson Very truly yours, STANLEY C. VAN NESS PUBLIC ADVOCA'lE By:
R. WILLIAM POTI'ER Assistant Deputy Public Advocate 4 -
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