ML19029A706

Unit #1 - Petition for Leave to Amend Petition for Leave to Intervene by the Township of Lower Alloways Creek

ML19029A706
Person / Time
Site:	Salem
Issue date:	04/04/1978
From:	Horner W Lower Alloways Creek Township, NJ
To:	Office of Nuclear Reactor Regulation
References
Download: ML19029A706 (7)

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. /(* T6 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )

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PUBLIC SERVICE ELECTRIC & ) Docket No. 50-272 GAS COMPANY )

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(Salem Generating Sta ti on, )

Unit #1) )

PETITION FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE BY THE TOWNSHIP OF LOWER ALLOWAYS CREEK A Petition For Leave To Intervene By The Township of Lower Alloways C+eek, and Affidavit In Support Of Petition For Leave To Intervene By The Township Of Lower Alloways Creek was filed in this proceeding on March 9, 19 78.

By Order dated March 22, 1978 the Atomic Safety and Licensing Board Designated To Ru+e On Petitions For Leave To ~ntervene granted a motion by the Division of Public Interest Advocacy, Department Of Public Advocate, State of New Jersey, to extend to and including April 5, 1978 the time for filing A Petition For Leave To Intervene.

The motion that was granted also provided for extension of time to amend previously filed Petitions such as the

• one filed by Petitioner, Township of Lower Alloways Creek.

On March 22, 1978 NRC Staff filed an Answer To Petition For Leave To Intervene By Th~ Township Of Lower Alloways Creek in.which it concluded that the Petition For Leave To Intervene By +ihe TowpE?hip Of Lower Alloways Creek should be granted, subject to the Township demon-P-~rc~.ting :how its interest wilt be affected by this proceeding.

Petitioner hereby requests that its previously filed

petition For Leave To Intervene be amended by the addition of th*e fo:)..lowing statement demonstrating how its interest 1

IT1ay be affected *;by the results of thii:; prpceeding.

Petitioner contends that its original Petition and all the statements contained therein, when read as**a whole, a~ply qem9nstrate qow its interest may be affected,

,~$pecially when 1og~c:::al inferences and conclusions are drawn. The interest of the Town13hip of Lower Alloways Cree~ .in protectin,g ti+e health, safety and weifare of the public or any person .within it~ would be adversely affected if there were any accidents or nuclear mishaps at the Salem Unit #1, Spent. Fuel Storage Area due to the requested

increase of storage capacity, which is the subject of this proceeding.

Any such accident or nuclear mishap will adversely affect or jeopardize the health and safety of persons and mei:nbers of the public at or near the site by exposing them to bodily harm from the resulting radiation. Since the very site and the persons and members of the p-µblic so exposed are within the Petitioner Township, the Petitioner's interest in preserving their health, safety and welfare will be affected if the increase in spent fuel storage capacity increases the r+/-sk of excessive radiation, accidents and nuclear mishaps.

Petitioner through its contentions, maintains that such increased risk of excessive radiation, accidents and nuclear mishaps may result from the granting of application for the increased storage of spent fuel at Salem Generating Station Unit #1. The purpose of this intervention is to make sure that these risks are fully considered and that the public health and safety with

which the Township is charged is properly protected against these risks.

WHEREFORE, the Petitioner, Township Of Lower Alloways Creek, respectfully requests that this Petition To Amend its previously filed Petition For Leave To Intervene, be granted.

i Dated: _ __{J_~ cf t 19 78 LOWER ALLOWAYS CREEK TOWNSHIP BY:

WJLLIAM C. HORNER Its Attorney 6 7 Market Street Salem, NJ 08079

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )

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PUBLIC SERVICE ELECTRIC & )

GAS COMPANY ) DOCKET NO. 50-272

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(Salem Generating Station, )

µnit #1) )

)

AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE BY THE TOWNSHIP OF LOWER ALLOWAYS CREEK SAMUEL ;E. DO.NELSON, being duly sworn according to law, deposes and says:

1. I am a duly elected member of the Township Committee of the Township of Lower Alloways Creek. I am also the Mayor of said Municipality and am authorized on behalf of the Township of Lower Alloways Creek to make this Affidavit.

2. To the best of my information, knowledge and belief the facts set forth in the foregoing PETITION

FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE and the contentions contained therein are true and correct.

3. The aspect of the proceeding as to which inter-vention is desired is the request by licensee for an amendment to its Facility Operating License No.DPR-70 by application for increased capacity fuel rods dated November 18, 19 77 supplemented by request for an amend-ment Facility Operating License No. DPR-70 dated December 13, 1977.

4. The facts relied upon as to both interest and coµtentions are set forth in the foregoing Petition For Leave To Amend Petition For Leave To Intervene, all of which are true and correct to the best of my information, knowledge and belief and I adopt them as my own statements.

Dated:_~~-~~-' 1978

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Township of Lower Allavays Creek Sworn and Subscribed to be fore me this Lu day of ~A.:L ,1978.

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-:: W~.~IT~ J~ ijflP.lI'I M *~QT1fttPuBuc 'qr~~r1 JERSEY YCommiss1cm E~1r~s Sept. 281 1982

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )

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PUBLIC SERVICE ELECTRIC & )

GAS COMPANY ) DOCKET NO. 50-272

)

(Salem Generating Station, )

Unit #I) )

)

CERTIFICATE OF SERVICE I certify that copies of PETITION FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE BY THE TOWNSHIP OF LOWER ALLOWAYS CREEK TOWNS~IP and AFFIDAVIT by Samuel E.

Do.nelson have been served upon the below listed persons by ordinary mail on ~~~ , April ..!i~_,1978 and those persons are:

Troy B. Conner, Jr., Esq.

Suite #1050

1. 17 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 Executive L~gal Director U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Dated: --!Jpd_._i_ I 19 78 WiLIJIAMC:HORER;Attorney*

for Laver Allavays Creek Tc>>mshi p