ML19029A457

Interested State of Delawares Answer to Licensees Motion for Summary Judgment

ML19029A457
Person / Time
Site:	Salem
Issue date:	03/20/1979
From:	Macartor J State of DE, Office of the Attorney General
To:	Office of Nuclear Reactor Regulation
References
Download: ML19029A457 (4)

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In the Matter of UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Docket No. 50-272 PUBLIC SERVICE ELECTRIC

& GAS COMPANY (Salem Nuclear Generating Station, Unit #1)

(Proposed Issuance of Amendment to Facility Operating License No. DPR-70)

INTERESTED STATE OF DELAWARE'S ANSWER TO LIC.ENS:EE 1 S MOTION FOR

SUMMARY

JUDGMENT Pursuant to 10 CFR §2.749 Interested State of Delaware answers and opposes Licensee's Motion for Summary Disposition.

1.

Licensee has not carried its _burden of proof as to Colemans' Contention 9 and LACT Contention 1 in consideration of alternatives.

In particular, the attached affidavits set forth increased costs of*substituted power with no documenta-tion and no evaluation of the alternative of lowered energy consumption.

Resolution of this contention would benefit from an evidentiary hearing;

2.

Licensee's Motion as to LACT Contention 3 is unconvincing in its language attempting to convey that the increased storage capacity will not be used to store fuel from otherfaciJities.

Delaware recognizes that this pro-ceeding may not grant permission for such storage, but believes that the assurances of impracticality of such storage are' an inadequate substitute for a full evidentiary hearing on the subject of increased risk from transported materials into the storage pool.

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3.

Delaware believes that the concerns and interests of its citizens would be benefitted from a full evidentiary airing of the subject matter of Colemans Contention 13.

The cumulative effect of an additional source of radioactivity in an area that already contains several nuclear facilities has aroused concerns that need to be addressed in a fuller fashion than is afforded by the Summary Disposition procedure.

4.

Delaware neither supports nor opposes the Motion

i as to Colemans ' Contentions 2 and 6.

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STATEMENT OF MATERIAL FACTS AS TO WHICH THERE ARE GENUINE ISSUES TO BE HEARD

1.

There are alternatives that have not been adequately considered.

2.

Utilization of the increased capacity for storage from other facilities is not precluded and the effects are in dispute.

Respectfully submitted, i~~~~~~

Deputy Attorney General Ii II March 2~, 1979 i:

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STATE OF DELAWARE)

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COUNTY OF KENT

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I hereby certify that Harry Otto, personally appeared before me this Ol/~ay of March, 1979, and being on his oath duly sworn, did depose and say that the matters and things set forth in the foregoing Answer to Motion for Summary Ju*dgment and Statement of Material Facts at Issue are true and correct l'.

to the best of his information, knowledge and belief~ and not

'* interposed for delay.

'1 Harry 0 Manager Services Division of Environmental Control Department of Natural Resources and Environmental Control of The State of Delaware SWORN. to and. subscribed before. me the day and year above written.

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i (Y-6tary Public

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!J UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PUBLIC SERVICE ELECI'RIC

& GAS COMPANY (Salem Nuclear Generating Station, Unit #1)

Docket No. 50-272 (Proposed Issuance of Amendment to Facility Operating License No. DPR-70)

CERTIFICATE.OF SERVICE I hereby certify that copies of Interested State of Delaware's Answei1 to Licensee's. Motion for SU1Il!IBr.Y Judgment have been served upon the 4-(--

following by deposit in the U. S. Mail this JI day of March, 1979:

Gary L. Milhollin, Esq., Chairman Atomic Safety and Licensing Baird 1815 Jefferson Street Madison, Wisconsin 53711 Mr>. Glenn 0

• Bright, Member Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Corrmission Washington, D. C. 20555 Dr. James C. lamb, III, Member Atomic Safety and Licensing Board Panel 313 Woodhaven Road Chapel Hill, N. C. 27514 Chairman, Atomic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Chairman, Atomic Safety and Licensing Board Panel

¥.ark J. Wetterhahn, Esq.

for Troy B. Conner, Jr., Esq.

1747 Pennsylvania Ave.*, N.W.,.

Suite 1050 Washington, D. C. 20006

• Richard Fryling, Jr., Esq.

Assistant General Solicitor Public Service Electric & Gas Co.

80 Park Place Newark, N. J. 07101 R. William Potter, Esq.

Assistant Deputy Public Advocate Division of Pµblic Interest Advocacy P. 0. Box 141 Trenton, N. J. 08601 Sandra T. Ayres, Esq.

Deparbnent of the Public Advocate 520 East State Street Trenton, N. J. 08625 Mr>. Alfred C. Colem3.11, Jr.

Mr>s. Eleanor G. Coleman U. S. Nuclear Regulatory Corrmission Washington, D. C. 20555 35 "K" Drive

• i Pennsville, New Jersey 08070 I

Barry Smith, Esq.

Office of Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mark L. First, Esq.

Deput:r Attomey r-:eneral Department of Law and Public Safety Environmental Protection Section 36 West State Street Trenton, N. J. 08625 I

Carl Valore, Jr., Esq.

I Va.lore, McAllister, Aron & WestJnareJ:n:l Mainland Professional Plaza P. O. Box 175 Northfield, N. J. 08225 I W1e.

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