ML19029A571

Substituted as Legal Counsel for Lower Alloways Creek Township, Advising, Filed Motion to Request Extension of Compliance with 5/18/1978 Order to 6/26/1978

ML19029A571
Person / Time
Site:	Salem
Issue date:	06/22/1978
From:	Valore C Lower Alloways Creek Township, NJ, Valore, McAllister, Aron & Westmoreland
To:	Milhollin G Atomic Safety and Licensing Board Panel
References
Download: ML19029A571 (8)

Text

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A PR0fE5510NAI. CORPORATION ATLANTIC CITY OFFICE GUARANTEE TRUST BUILDING ATLANTIC CITY. N. J. 08401 lG09J 344-0539 COUNTY OFHCE 319 CAl'E MAY AVENUE MAYS LANDING. N. J.

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_7-'-"'8-1-/__,3~8-"'5'---- FILE NO Gary L. Milhollin, Esq., Chairman Atomic Safet:.r & Licensing Board 1815 Jefferson Street Madison, Wis~onsin, 53711 Re: Public Service Electric & Gas Co.

Salem Genetating Station - Unit #1 Docket No. STN 50-272

Dear Chairman Milhollin:

Please be advised that I have been substituted as legal counsel in this matter for Lower Alloways Creek and have been appointed as Special Nuclear Counsel in respect to the application of Public Service Electric & Gas Co.,

Docket No. STN 50-272.

According to the terms of the May 18, 1978, Special Prehearing Conference, a report was to be given to the Board at least "four weeks from the date of the Conference 11

• I recently had the opportunity to speak with Board member Glen O. Bright on a conference call with the Attorney for the NRC Staff and Applicant, and have filed an appropriate motion requesting an extension of compliance with the May 18, 1978 Order to Monday, June 26, 1978.

Please consider this letter our compliance with the May 18, 1978, Order requiring a report and the proposed language for the final form of Contention #8.

I am authorized on behalf of the Lower Alloways Creek Township to abandon Contention it7.

Our suggested language for Contention #8 is as follows:

Gary L. Milhollin, Esq.

June 22, 1978 Page 2 "Under the proposed modification, there will be increased reliance on The Residual Heat Removal System. The increased reliance and probability of overload will lessen the ability of the system to perform its safety back-up function. The probability and consequences of failure under increased load should be determined."

I must report that the Township of Lower Alloways Creek by a vote of 3 to 2 on June 14, 1978, rejected a draft of a settlement agreement referred to on page 4 of the Order following Special Prehearing Conference entered by the Board on May 24, 1978.

&egotiations and meetings took place from May 18, 1978 to June 14, 1978 in an effort to prepare an agreement the result of which would be a withdrawal of the Township's Petition for Leave to Intervene and the resolution of certain matters of the Township's concern. However, the draft agreement was unsatisfactory and rejected at a regular Township meeting.

CARL VALORE, JR.,

Special Nuclear Counse Lower Alloways Creek Townshi CC: See attached mailing list CV/sgp

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• UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF PUBLIC SERVICE ELECTRIC & GAS COMPANY DOCKET NO. 50-272 (Salem Generating Station, Unit #1)

NOTICE OF APPEARANCE PLEASE TAKE NOTICE, that Carl Valore, Jr., a member of the firm of Valore, McAllister, Aron & Westmoreland, P.A.,, 535 Tilton Road, Northfield, N.J., 08225, member of the bar of the State of New Jersey and admitted to practice before the United States Supreme Court and the United States District, District of New Jersey, appears as Attorney of Record for the Township of Lower Alloways Creek, who has been accepted as an Intervenor in the above proceedings.

Dated: June 22, 1978

UNITED STATES. OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF PUBLIC SERVICE ELECTRIC Docket No. STN-50-272

& GAS COMPANY (Salem Generating Station Units #1)

INTERVENOR TOWNSHIP OF LOWER ALLOWAYS CREEK MOTION F.OR EXTENSION OF 'rIME OF SPECIAL PREI-IEARING ORDER DATED MAY 24, 1978 Intervenor, Township of Lower Alloways Creek, moves the Atomic Safety and Licensing Board, for an order granting an extension of time to comply with the order following the Special Prehearing Conference held on May 18, 1978 and dated May 24, 1978, so as to permit the Intervenor, Township of Lower Alloways Creek, to file a report and final language for Contention #8, on or about June 26, 1978.

In support of this motion, the Intervenor, Township of Lower Alloways Creek, will rely 9n the attached Affidavit.

~f submitted, Special Nuclear Counsel Intervenor Township of Lower Dated:June 22, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE 'I'HE ATOMIC SAFETY* AND LICENSING BOARD IN THE MATTER 01" PUBLIC SERVICE ELECTRIC

& GAS CO. Docket No. STN 50-272 (Salem Generating Station Unit #1)

AFFIDAVIT OF CARL VALORE, JR.

STATE OF NEW JEHSEY:

SS COUNTY OF ATLANTIC:

I, CARL VALORE, JR., being duly sworn according to law, upon my oath depose and say:

1. I am a member of the Bar of the State of New Jersey and admitted to practice before the United States Supreme Court, and the United States District Court for the District of New Jersey.

2. On June 15, 1978, I was contacted by Mayor Samuel Donelson of the Township of Lower Alloways Creek and requested to attend a' special evening meeting of the Township on June 15, 1978.

3. At the meeting of June 15, 1978, a Resolution was passed designating me as Special Nuclear Counsel for the Township of Lower Alloways Creek in respect to the application bearing docket #50-272.

4. On June 16, and June 19, 1978, I attempted to reach the Attorney for the Applicant, the Chairman of the Board, the NRC Staff Counsel, and other Board Members, and a conference call was held on June 19, 1978, between the Applicant's Attorney,

a Member of the Board and the NRC Staff Attorney. Pursuant to this conference, I was directcid to file the within Notice of Motion for extension of time to comply with the Order following the Special Prehearing Conference of May 18, 1978, dated May 24, 1978.

5. On June 22, 1978, I placed in the mail, a letter addressed to the Chairman of the Atomic Safety and .Licens.ing Board, Gary L. Milhollin, Esq., setting forth the final language of Contention #8, abandoning Contention #7, reporting the results of the negotiations that took place between the applicant - licensee and the Township in an effort to settle the matter subject to the application and intervention.

6. Based on the recent entry into the case as legal counsel, the affiant, respectfully requests on behalf of the Township of Lower Alloways Creek an extension of time to comply with the aforementioned Order. -*

CARL VALORE,. JR., Speci Nuclear Counsel for Towns p of Lower Alloways Creek Sworn to and subscribed to before me this 22nd Day of June, 1978.

~--:~ . /... A c~~ u.~-v ELAINE A .. BRH,INEH NOTARY PUBLIC OF NEW JERSEY My Commission Expires July G, 1978

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEF'ORE THE ATOMIC SAFETY l\ND LICENSING In the Matter of PUBLIC SERVICE ELECTRIC

& GAS COMPANY Docket No. STN 50-272 (Salem Nuclear Generating Units #1)

CERTIFICATE OF SERVICE I hereby certified that copies of the documents entitled Notice of Appearance, Intervenor Township of Lower Alloways Creek, Notice of Motion with Supporting Affidavit and letter addressed to Chairman Gary L. Milhollin, Atomic Safety and Licensing Board, outlining suggested language for Contention #8, have been deposited in the United States Mail, Northfield, N.J., postal office, on Thursday, June 22, 1978 addressed to the following:

Gary L. Milhollin, Esq.

Chairman, Atomic Safety and Licensing Board 1815 Jefferson Street Madison, Wisconsin, 53711 Mr. Glen O. Bright Atomic Safety and Licesning Board Panel U.S. Nuclear Regulatory Commission Washington, D.C., 20555 Dr. James C. Lamb, III 313 Woodhave Road Chapel Hill, North Carolina, 27514 Mark J. Wetterhahn, Esq.

for Troy B. Conner, Jr., Esq.

1747 Pennsylvania Avenue, N.W.

Suite 1050 Washington, D.C., 20006 William Potter, Esq.

Public Advocate Department of the Public Advocate Box 141 Trenton, N.J., 08625 Mark L. First, Esq.

Deputy Attorney General Department of Law and Public Safety 36 West State Street Trenton, N.J., 08625

I I

Page 2 6/22/78 Off ice of the Secretary Docketing and Service Section U.S. Nu.clear Regulatory Conunission Washington, D.C., 20555 June D. MacArtor Deputy Attorney General Tatnall Building P.O. Box 1401 Dover, Delaware, 19901

/s/ Carl Valore, Jr.

CARL VALORE, JR., Special Nuclear Counsel for Lower Alloways Creek Townsnip June 22, 1978