ML19029A457

Interested State of Delaware'S Answer to Licensee'S 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)

Text

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

& GAS COMPANY (Proposed Issuance of (Salem Nuclear Generating Amendment to Facility Station, Unit #1) Operating License No. DPR-70)

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

SUMMARY

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

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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 I forth increased costs of*substituted power with no documenta-I  !

'* tion and no evaluation of the alternative of lowered energy i consumption. Resolution of this contention would benefit iI f

I i from an evidentiary hearing; I ;

'! 2. Licensee's Motion as to LACT Contention 3 is

'i *, unconvincing in its language attempting to convey that the increased storage capacity will not be used to store fuel

.~ ;i from otherfaciJities. Delaware recognizes that this pro-

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\ ceeding may not grant permission for such storage, but believes I"

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I, that the assurances of impracticality of such storage are' an inadequate substitute for a full evidentiary hearing on the II 11 subject of increased risk from transported materials into the storage pool.

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.

. I STATEMENT OF MATERIAL FACTS AS TO WHICH THERE ARE GENUINE ISSUES TO BE HEARD li 1:1:

,, 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,

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Deputy Attorney General IiII March 2~, 1979 i:

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STATE OF DELAWARE)

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COUNTY OF KENT )

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 l'. and Statement of Material Facts at Issue are true and correct

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

'* interposed for delay.  !

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Harry 0 . "~

Manager Services Division of Environmental Control r

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Department of Natural Resources and Environmental Control of Ii-The State of Delaware SWORN. to and. subscribed before. me the day and year above written. i I

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(Y-6tary Public r~

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

& GAS COMPANY (Proposed Issuance of Amendment (Salem Nuclear Generating to Facility Operating License Station, Unit #1) No. DPR-70)

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,*,; CERTIFICATE.OF SERVICE I hereby certify that copies of Interested State of Delaware's Answei to Licensee's. Motion for SU1Il!IBr.Y Judgment have been served upon the 1

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' 4-(-- *i 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

¥.ark J. Wetterhahn, Esq.

for Troy B. Conner, Jr., Esq.

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

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t Madison, Wisconsin 53711 Suite 1050 Washington, D. C. 20006 i Mr>. Glenn 0

• Bright, Member t

r Atomic Safety and Licensing Board Panel *Richard Fryling, Jr., Esq. I U. S. Nuclear Regulatory Corrmission Assistant General Solicitor Washington, D. C. 20555 Public Service Electric & Gas Co.

i: 80 Park Place Newark, N. J. 07101 I Dr. James C. lamb, III, Member Atomic Safety and Licensing Board Panel R. William Potter, Esq. I I

313 Woodhaven Road Assistant Deputy Public Advocate Chapel Hill, N. C. 27514 Division of Pµblic Interest Advocacy I 1:

Ii P. 0. Box 141 ii Chairman, Atomic Safety and Licensing Trenton, N. J. 08601 r i.

Appeal Board Panel i U. S. Nuclear Regulatory Commission Sandra T. Ayres, Esq. t

\1 Washington, D. C. 20555 Deparbnent of the Public Advocate 520 East State Street I Chairman, Atomic Safety and Licensing Trenton, N. J. 08625 l*

I Board Panel U. S. Nuclear Regulatory Corrmission Mr>. Alfred C. Colem3.11, Jr.

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!: Washington, D. C. 20555 Mr>s . Eleanor G. Coleman

35 "K" Drive *i Barry Smith, Esq. Pennsville, New Jersey 08070 II Office of Executive Legal Director U. S. Nuclear Regulatory Commission Carl Valore, Jr., Esq. I Washington, D. C. 20555 Va.lore, McAllister, Aron & WestJnareJ:n:l

'I Mainland Professional Plaza

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, 1 Mark L. First, Esq. P. O. Box 175 Deput:r Attomey r-:eneral Northfield, N. J. 08225 Department of Law and Public Safety Environmental Protection Section 36 West State Street Trenton, N. J. 08625 I W1e.

• aCArtor .