ML19029A821

Intervenor Township of Lower Alloways Creek Response to NRC Staff Objection to Board Question

ML19029A821
Person / Time
Site:	Salem
Issue date:	06/25/1979
From:	Valore C Lower Alloways Creek Township, NJ
To:	Atomic Safety and Licensing Board Panel
References
Download: ML19029A821 (6)

Text

DOCKETED

.USN RC JUN 281979 UNITED STATES OF AMER!CA NUCLEAR REGULATORY COMMISSION BEFORE THE ATCMIC SAFETY AND LICENSING In the Matter of PUBLIC SERVICE ELECTRIC

& GAS COMPANY' (Salem Nuclear Generating Station, Unit No. 1)

)

Docket No. 50-272 Proposed Issuance of Amendment to Facility Operating License No. DPR-70 INTERVENOR TOWNSHIP OF LOWER ALLCWAYS CREEK RESPONSE TO NRC STAFF. OBJECTION T*o BOAED QUESTION FACTS On or about June 1,1979, the NRC Staff filed an Objection to the Board question #3 propounded by Order of the Atomic Safety and Licensing Board dated April 18, 1979.*

Question #3 provides in part:

"If an explosion or 'meltdown' occurred at Salem, to what extent would that affect the spent fuel pool?"

Apparently, the NRC Staff objection is to the above part of Question #3 in that it is conceived that an explosion or meltdown encompasses a Class 9 accident.

The objection of the NRC Staff is that the Commission's case :law and policy prohibit the consideration of Class 9 accidents by th.e applicant, the staff, or an adjudicatory board.

I. LEGAL ARGUMENT THE NRC STAFF'S OBJECTION TO THE BOARD QUESTION IS A PROCEDURE NOT AUTHORIZED BY PART 2 OF THE RULES OF PRACTICE The Rules provide no intenlocutory appeals may be taken from Orders of the presiding Officer*.

Rule 2. 7 30 ( 10 CFR, Part 2).

The Board has the power to propound questions pursuant to an Order under the authority of Rule 2.718 (10 CFR, Part 2).

The NRC Staff in filing an objection to the Question propounded by the Board pursuant to an Order of the Board is in effect attempting to obtain a reconsideration of the Board's Order.

If the objection filed by the NRC Staff is to be treated as a Motion pursuant to Rule 2.730 (10 CFR, Part 2), then the procedure has not been properly followed in that no Affidavits or evidence has been submited in support of the Motion.

It appears that the Board.has made Question #3 an issue in this contested proceeding.

This is clearly authorized under Rule 2.760a (10 CFR, Part 2).

If the NRC Staff considers Question #3 to be improper, then the appropriate procedure would be a motion for reconsideration of the Board's Order so that an Order might be entered removing Question #3 as an issue in the contested proceeding in the event the NRC Staff was successful in its application.

The filing of an "Objection" does not appear to be in conformity with the Rules unless the "Objection" is to be treated as a motion.

In the event it is treated as a motion, no Affidavits or evidence has been filed in support of the motion.

I -- --

II.

• QUESTION #3 IS A PROPER QUESTION IN A CONTESTED PROCEEDING In the Matter of Offshore Power Systems, Inc. (Floating Nuclear Power Plants, ALAB-489, 8 NRC 194, 1978) it was clearly established that a Class 9 accident may be considered by an adjudicatory board in a contested proceeding.

The language in that case which is particularly appropriate is as follows:

"From this the staff reasons that floating nuclear power plants pose environmental risks of a character not previously considered - risks

'outside. the parameters' (sic) of the original analysis which was the underpinning of the Proposed Annex -

and presumably not covered by the policies there announced... we find this staff argument a cogent one

... we agree with the staff that the

.Annex should not be read as extending to floating nuclear plants -

a concept unknown when the Annex was put out as interim guidance..

In this context it is clear that the events at Three Mile Island and the concept of dense storage or reracking represent new events that were not in any way considered in the original licensing proceeding for Salem.1.

It is therefore entirely within the Atomic Safety and Licensing Board discretion to propound Question

~*

1. 3 and accept evidence on this question.

CONCLUSION The NRC Staff's Objection to Board Question #3 should be over ruled.

June_ 25, 1979 Respectfully/submitted,

,-/_.

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-_-__ (_L,L(- ~(--"---L*

~

VALORE, JR., Special Nuclear Counsel for the Intervenor, Township of Lower Alloways Creek

UNITED STATES OF e

e J\\MEHICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of PUBLIC SERVI <E ELECTRIC

& GAS CO.

(Salem Generating Station Unit #1)

DOCKET NO.

CERTIFICATE OF SERVICE I hereby certify that copies of Intervenor's Township of Lower Alloways Creek Response to NRC Objection to Board Question #3 in the above captioned matter have been served upon the attached list by deposit: in the United States mail at the post office in Northfield, N.J., with proper postage thereon, this 25th day of June

, 1979.

CARL VALORE, JR., Spec1al Nuclear Dated:

June 25, 1979 Counsel for the Intervenor, the Township of Lower Alloways Creek

Gary L. Milhollin, Esq.

Chairman, Atomic Safety

& Licensing Board 1815 Jefferson Street Madison, Wisccinsin 53711 Glen O. Bright Member, Atomic Safety

& Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Dr. James C. Lamb, III Member, Atomic Safety &

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 &

Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Barry Smith, Esquire Of Eice of the Executive Legal Director LI. S. Nuclear Regulatory Commission Washington, D. C.

20555 Mark L. First, Esquire Deputy Attcirney General Department of Law & Public Safety Environmental Protection Section 36 West State Street Trenton; N. J.

08625

~lurk J. Wetterhahn, Esquire for Troy B. Conner, Jr., Esq.

1747 Pennsylvania Avenue, N. W.

Suite 1050

~ashington, D. C.

20006 Richard Fryling, Jr., Esquire Assistant General Solicitor Public Service Electric &

Gas Company 80 Park Place Newark, N. J.

07101 Keith Ansdorff, Esquire Assistant Deputy Public Advocate Department of the Public Advocate Division of Public Interest AdvocE P. O. Box 141 Trenton, New Jersey 08601 Sandra T. Ayres, Esquire Department of the Public Advocate 520 East State Street Trenton, N. J.

08625 Mr. Alfred C. Coleman, Jr.

Mrs. Eleanor G. Coleman 35 "K" Drive Pennsville, N. J.

08070 Off ice of the Secretary Docketing and Service Section U. S. Nuclear Regulatory CommissiG Washington, D. C.

20555 June D. MacArtor, Esquire Deputy Attorney General Tatnall Building, P. O. Box 1401 Dover, Delaware 19901 Mr. Lester Kornblith, Jr.

Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commissi Washington, D. C.

20555