ML19224B796
| ML19224B796 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom, Hope Creek, Sterling, 05000484, Crane  |
| Issue date: | 05/25/1979 |
| From: | Conner T, Silberg J, Voigt H CONNER, MOORE & CORBER, LEBOEUF, LAMB, LEIBY & MACRAE, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| Shared Package | |
| ML19224B794 | List: |
| References | |
| NUDOCS 7906230112 | |
| Download: ML19224B796 (19) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARDS In the Matters of
)
)
PHILADELPHIA ELECTRIC COMPANY et al.
)
(Peach Bottom Atomic Power Station,
)
Docke t Noc. 50-277 Units 2 and 3)
)
50-278
)
METROPOLITAN EDISON COMPANY et al.
)
(Three Mile Island Nuclear Station,
)
DocNat No. 50-320 Unit No. 2)
)
)
PUBLIC SERVICE ELECTRIC AND GAS CO.
)
(Hope Creek Generating Station,
)
Docket Nos. 50-354 Units 1 and 2)
)
50-355
)
NORTHERN STATES POWER COMPANY et al.
)
(Tyrone Energy Park, Unit 1)
)
Docket No. STN 50-484
)
ROCHESTER GAS AND ELECTRIC
)
CORPORATION et al.
)
D>cket No. STN 50-485 (Sterling Power Project, Nuclear
)
Unit 1)
)
BRIEF IN SUPPORT OF LICENSEE'S JOINT MOTION FOR
SUMMARY
DISPOSITION Philadelphia Electric Company, et al., Metropoli-tan Edison Company, et al., Public Service Electric and Gas Company of New Jersey, Northern States Power Company, et al., and Rochester Gas and Electric Corporation, et al.,
(" Licensees") hereby file their brief in support of she accompanying motion for summary disposition.
Licensees file this joint brief pursuant to ALAB-540, the April 25, 1979 order of the Appeal Board, and 10 C.F.R. S2.749 (1978).
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General Statement In earlier pleadings, Licensees have spelled out in detail the factual background and legal posture of this proceeding with respect to the " radon issue".
- See, e.g.,
" Applicant's Memorandum on Radon Emissions and in Support of the De Minimis Approach" of Northern States Power Company ( " Men.o r andum" ), dated April 9, 1979.
Accordingly, we will not repeat that material here.
We reiterate our general objection to all of the alleged deficiencies that the intervenors who have briefed the issue have asserted.1!
ALAB-509 required tne intervenors to furnish a " particularized memorandum" that, among other things, stated "the basis for their assertions and the potential significance of the deficiencies. "
Intervenors have generally f ailed to comply with these requirements.
Most importantly, the " potential signifi-cance" of the deficiencies was not even addressed.
The Appeal Board should re3ect these alleged deficiencies because the intervenors have not even attempted, let alone made, a showing that any of these alleged deficiencies are significant.
1/
The intervenors in Sterling and Tyrone are the only Intervenors to have alleged that there are any deficiencies in the Perkins record.
("Perkins" refers to Duke Powcr Company (Perkins Nuclear Station), Units 1,
2, ar] 3),
255 236
_2_
Assuming arguendo, however, that the intervenors' alleged deficiencies are to be substantively considered, we rely on the accompanying affidavit of Dr. Morton Goldman, the " Statement of Material Facts as to Which There Is No Genuine Issue to Be Heard", and the excerpts from the Perkins record referred to therein, as Licensees' response to all of the alleged deficiencies not rejected by ALAB-540, except for alleged deficiencies 2, 9,
16, 20, and 21.
Those alleged deficiencies are appropriately responded to by legal argument, which follows.
Based on the legal analysis, Licensees respectfully submit that they are entitled to summary disposition, pursuant to 10 C.F.R.
S2.749 (1978).
Alleged Deficiency No. 2:
In alleged deficiency No.
2, intervenors challenge 5
the Staf f's assumption that it will take 2.71 x 10 metric tons of ore to yield an annual fuel requirement for the Perkins plant.
Intervenors argue that "it is question-5 able whether 2 72 x 10 MT of uranium ore will be suffi-cient to supply an AFR."
This contention should be rejected as beyond the Appeal Board's jurisdiction in Sterling.
The appropriate reactor duty factor was litigated and upheld in Rochester Gas & Electric Corporation (Sterling Power Project Nuclear Unit No. 1), LBP-77-53, 6 NRC 350, 397-98 'i f; 3 777 E
- f. a c.
4 (1977), aff'd, ALAB-502, 8 NRC 383, 398 (1978), pet'n for review granted on other grounds, 9 NRC (March 8, 1979).
It is therefore now beyond the jurisdiction of the Appeal Board under the principles of finality laid down in Public Service Comoany of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-513, 8 NRC 694 (1978', and Public Service Company of Indiana, Inc. (Marble Hill Nuclear Generating Station, Units 1 and 2), ALAB-530, 9 NRC (March 19, 1979).
In Tyrone, Hope Creek, Three Mile Island (Unit No.
2), and Peach Bottom, the intervenors should be estopped from asserting this contention.
Obviously, a contention about reactor duty factors could have been made at a much earlier (and more appropriate) point in those proceedings.
Compare Sterling, supra.
Because of their failure to raise this contention a*. an earlier point, or because it has been raised and disposed of (in Sterling), intervenors should be estopped from bringing up this matter now, and the conten-tion dismissed as untimely.
See 10 C.F.R. S2.714(a)
(1978); Long Island Lighting Company (Shoreham Nuclear Power Station, Unit 1), LBP-77-11, 5 NRC 481, 484 (1977).
In any event, if the Appeal Soard finds it necessary to reach the merits of this deficiency, it should reject it for the reasons stated in Northern States' April 9,
1979 Memorandum at 29-32.
D bQ Alleged De f ic ie ncv No. 9:
Intervenors allege that the Perkins record is deficient because it f ailed to give consideration "to radon emissions which might be attributable to foreign mines."
NEPA does not require that such foreign environ-mental impacts be addressed.
Execu tive Order 12,14 4, issued on January 4, 1979 (44 Fed. Reg. 1957 (1979))
provides explicit directions for the handling of foreign environmental impacts under NEPA.
Section 1 of the Executive Order states in part that the Order represents the United S tates gove rnment 's exclu-sive and complete determination of the procedural and other actions to be taken by Federal agencies to further the purpose of the National Env.ron-mental Policy Act, with respect to the environment outside the United States, its territories and possessions.
While the Order expressly requires federal agencies to take certain steps with regard to some major f ederal actions with environmental impacts outside the borders of the United States, it specifically exempts the kind of activities covered by this deficiency.
Thus, section 2-5(a )(v ) exempt-F-
e O rde r (v) set licenses or permits or export approv-
- alt,
.ad actions relating to nuclear activities except actions providing to a f oreign nation a nuclear production or utilization f acility as defined in the Atomic Energy Act of 1954, as amended, or a nuclear waste management facility.
(Emphas is added. )
256 4J9
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A harmonious construction of the Commission 's NEPA responsi-bilities with the President's role in foreign policy is important.
See Mixed Oxide Fuel, CLI-78-10, 7 NRC 711, 718-19 (1978), a f f ' d s ub no.n. Westinghouse Electric Corp. v.
NRC, 2 CCH Nuclear Regulation Reporter $20,113 ( 3rd Cir.
April 19, 1979).
As in Mixed Oxide Fuel, "it is significant that Congress cc a body has not taken any action disagreeing with the Pres ident 's pos ition.
Id. at 719.
Accordingly, NEPA does not require that possible foreign impacts
,f uranium mining be taken into considera-tion.
This cont 2ntion should therefore be dismicsed.
Alleced Ceficiency No. 16:
Intervenors allege that there is a deficiency in the Perkins record because " Staff testimony indicates that in agreement states mill tailings will be adequately isolated and stabilized", and apparently intervenors disagree with that statement.
We have earlier explained why this con t ent ion is irrelevant and non-responsive to ALAB-509.
- See, e.g.,
Northern S tates Power Company's April 9,
1979 Memorandum at 56-57.
We renew that objection.
In any event, this contention is imp e rmis s ible as a matter of law.
It presumes that agreement states will be unable or unwilling to enforce an" rcalamation licensing condition that may be imposed on mill licensees.
This is 7,.
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an impermissible legal presumption.
- See, e.g.,
O'Shea v.
Littleton, 414 U.S.
495, 496-98 (1974); Joseph v.
United States Civil Service Commission, 554 F.2d 1140, 1148 ( D.C.
Cir 1977).
Such a presumption ir, in any event, groundless, because of the Uranium Mill Tailings Radiation Control Act of 1978, Pub.
L.
No.95-604, 9 2 Stat. 3021 (1978).
Under that 1.ct, the Commission must require adequate tailings management by uranium mill licensees, and agreement states must impose and enforce ste,dards at least as stringent as those established by the Commission.
See 92 Stat. 3037-38, 4 2 U.S.C. A. 52021(o).
The determination by Congress that adequate management of tailings is required (and thus possible) is not a judgment the Appeal Boards should permit intervenors to litigate here.
illeged Deficiency No. 20:
This alleged deficiency should be rejected for the same reasons as those stated with respect to def iciency No. 9.
Alleged Deficiency No. 21:
In this con t ent ion, intervenors claim that on the basis of some unspecified " experience of the federal government" with unquantified " lesser amounts" of uniden-tified " radioactive materials", such materials " migrate to 5 F; 2,' 1
a much greater txtent than originally anticipated" through some unknown environment.
It is impossible to reply quantitatively to such a contention.
However, it is clear that intervenors have not complied with ALAB-480 and ALAB-509 with respect to this con t ent ion, in that it does not stat 2 with particularity "the basis fer their asser-tions and the potential significance of the deficiencies."
It has no apparent association with radon, has no apparent relationship to Perkins, and should, therefore, be ignored.
In any event, this alleged def iciency does not question the values for radon from Perkins.
Nor does it challenge the Staf f's conclusion that stabilization of mill tailings piles will reduce radon emissions 100-f old.
See Perkins, supra, 8 NRC at 100.
It must, therefore, Le regarded simply as a comment without legal s ignif icance.
Conclusion For the foregoing reasons, as well as those in the accompanying af f. davit of Dr. Morton Goldman, the
" Statement of Material Facts as to Which There Is NC Genuine Issue to Bt Heard", and the excerpts from the 255 212,
Perkins record referred to therein, Licensees ' motion f or summary judgment should be granted.
Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 6.d.,
f J ay/ S ilLp rg Matyas Fj. Travieso-Diaz 1
1800 M' Street, N.W.
Washington, D.C.
20036 (202) 331-4100 Attorneys for Metropolitan Edison Company et al. and Northern States Power Company et al.
LeBOEU F, L AMB, LEIBY & MacRAE 2 % s W % db harry Voigt d
LexK.}marson Michael F.
McB ride 1333 New Hampshire Avenue, N.W.
Washington, D.C.
20036 (202)457-7500 Attorneys for Rochester Gas and Electric C rporation, et al.
CONNER, MOORE & CORBER n
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Conner, J r.
Rooert M.
Rader 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 (202) 833-3500 Attorneys for Philadelphia u ectric Company et a _1_. and Public Service Electric anc Gas Company of New Jersey 7.,.
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UNITED STATES OF A M CA NUCLEAR REGULATORY CCIOiISSICN BEFORE THE ATOMIC SAFETY AND LICOTSING APPEAL BOARD In the Matter of
)
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PHILADELPHIA ELECTRIC
)
Decket Ncs. 50-277 CCMPANY, ET AL
)
50-278
)
(Peach Bot:Om Atcmic Pcwer
)
Station, Units 1 and 3)
)
u:;n.Lr.LCATE OF SERVICE
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I hereby certify that copies ef the fallcw_ng:'
1.
" Licensees ' Joint Motion for St=marf Disposition of Radon Issues" 2.
" Affidavit of Dr. Morten I. Goldman" 3.
" Statement of Maceria] Facts as to Which There is No Genuine Issue to be Heard" 4.
"Brief in Support of Licensee's Joint Motien for Su=marf Disposition" dated May 25, 1979, in. the captioned matter, have been served upon the folicwing by deposit in the United States
= ail this 25th day of May, 1979:
Michael C. Farrar, Esq.
Dr. Kenneth' A. McCollum c* = d - a, Atcmic Saferf College of Engineering and Licensing Appeal Scar:i Oklahcma Stata Universief U.S Nuclear Regulaterf Stillwater, Oklahcma 74074 Cms < sion.
Washi gren, D.C.
20555' Ernest 0 Salo P cfesscr, Fisheries Research Dr. Jchn H. Buck Instituta, WE-10 Menber, Atcmic Safetf Universief of Washing cn and. Licensing Appeal 3cari Seat la, Washington 99195 U.S. Nuclear Regulaterf C
dnsion c"ai-an, Atomic Safecy Washingten, D.C.
20555 and Licensing Appeal Scard Panel U.S. Nuclear Regulatorf Dr W. Reed Jchnsen Cccmission Atemic Safety and Licensing Washingten, D.C.
20555 Appeal Scard Panel U.S. Nuclear Regulatorf Chai. an, Atcmic Saferf Ced ssics and Licensing Scard Panel Washingten, D.C.
20555 U.S. Nuclear Regulatory C M ssion Marshall E. Miller, Esq.
Washing an, D.C.
20555 Atcmic Safety and Licensing Board Panel U.S. Nuclear Regulatcry Cr=d ssien 253 24q Washington, D.C.
20555
Karin Carter, Esq.
Eugene J.
Bradley, Esq.
Department of Environmental Philadelphia Electric Cc=pany Resources 2301 Market Street Co==onwealth of Pennsylvania Philadelphia, Pennsylvania 19101 505 Executive Housa Harrisburg, Pennsylvania 17120 Mr. Chase R. Stephens Docketing and Service Section John B.
Griffith, Esq.
Office of the Secretary Special Assistant Attorney U.S. Nuclear Regulatory General Ccmmission State of Maryland Washington, D.C.
20555 Depa- -ent of Natural Resources Tawes State Office Building Raymond L. Hovis, Esq.
Annapolis, Maryland 21401 Stock & Leader 35 Scuch Duke Street Myron 31cc=, Esq.
York, Pennsylvania 17401 U.S.
Environmental Protection Agency Mr. Chauncey R. Kepf ord Region III, Curtis Building 433 Orlando Avenue 6+d and Walnut Streets State College, Pennsylvania 16801 Philadelphia, Pennsylvania 19106 James M. Cutchin, Esq.
Counsel for NRC Regulatory Staff office of the Executive 3
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U.S. Nuclear Regulatory Cc==ission Washington, D.C.
20555 Troy 3/ Conner, Jr.
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- NUCLEAR REGULATORY COMMISSION
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METROPOLITAN EDISON COMPANY, et al.
)
Docket No. 50-320 (Three Mile Island Nuclear Station,
)
Unit 2)
)
CERTIFiJATE OF SERVICE This is to certify that copies of the foregoing " Licensees' Joint Motion For Summary Disposition Of Radon Issues," " Statement of Material Facts As To Which There Is No Genuine Issue To Be Heard," "Brief In Support of Licensees' Joint Motion For Summary Disposition," and " Affidavit of Dr. Morton I.
Goldman" were served by deposit in the U.
S. mail, first class postage prepaid, this 25th day of May, 1979, to all those on the attached Service List.
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May 25, 1979
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO'O1ISSION 3efore the Atomic Safety and Licensing Acceal Board In the Matter of
)
)
METROPOLITAN EDISON COMPANY, et al
)
Docket No. 50-320
)
(Three Mile Island Nuclear Station,
)
Unit 2)
)
SERVICE LIST Alan S.
Rosenthal, Esq., Chairman Lawrence J.
Chandler, Esq.
Atomic Safety and Licensing Appeal Office of the Executive Legal Director Board U.S.
Nuclear Regulatory Cornission U.S.
Nuclear Regulatory Cornission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Chauncey R.
Kepford Dr.
W.
Reed Johnson, Member 433 Orlando Avenue Atomic Safety and Licensing Appeal State College, Pennsylvania 16801 Ecard U.S.
Nuclear Regulatory Commission Karin W.
Carter, Esq., Assistant
^'"ashington, D.C.
20553 Attorney General Office of Enforcement t
arome E.
Sharfman, Esq., Member Department of Environmental Resources Atomic Safety and Licensing Appeal 709 Health and Welfare Building Harrisburg, Pennsylvania 17120 Eoard U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Apceal Board Panel Edward Luton, Esq., Chairman U.S.
Nuclear Regulatory Ccamission Atomic Safety and Licensing Board Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Scard Panel Mr. Gustave A.
Linenberger U.S.
Nuclear Reculacory Commissica Atomic Safety and Licensing Board Washington, D.C.
20555 U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary Dr. Ernest O.
Salo U.S.
Nuclear Regulatory Ccamission Professor, Fisharies Research Washington, D.C.
20555 Institute, NH-10 University of Washington Seattle, Washington 98195 k
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UNITEf] STATES CF AMERICA NUCLEAR REGULATORY CCMMISSICN 3EFCRE THE ATCMIC SAFETY AND LICENSI'TG APPEAL 3 CARD In the Matter of
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)
?UBLIC SERVICE ELECTRIC
)
)
Occket Ncs. 50-254
)
50-355 (Ecpe Creek Generating Station,
)
Units 1 and 2)
)
CERTIFICATE CF SERVICE I hereby certify that copies of the follewing:
1.
" Licensees' Joint Moticn for Simary Disposition of Radon Issues" 2.
" Affidavit of Dr. Mor:On I. Gcidman" 3.
" Statement of Material Facts as to Which There is No Genuine Issue to be Heard" 4.
"3rief in Support of Licensee's Joint Motion for Sim a 1 Disposition" dated May 25, 1979, in the capt:cned natter, have been served upon the fo11cving by deposit in the United States nail this 25th day of May, 1979:
Jer==e ?.
Sha ~ ', Esq.
Drt Oscar H. Paris cMa d -,a, Atcmic Safe.ty and Armd : Saiety and Licensing Licensing Appeal Scar:i Scard Panel U.S. Nuclear Regulatcry O'.S.
Nuclear Regulatory Cemnission C-dssion Washingt:n, D. C.-
20555 Was H gten, D. C.
20555 Richard S.
Sal==an, Esq.
Mr. Ernes- ?
2d
Accmic Sadetf and Licensing Lawrence Liverncre Labcra:Ory Appeal 3 card Panel University of ;dfo ia U.S.
Nuc1 car Regulatcry Pcst Office Scx 308, L-123 Co dssicn Liver =cre, Calif =rnia 94550 Washing cn, D.C.
20555 Ni ma, A mic Safety and Dr. W. Reed Jchnsen Licensing Scard Panel Atcmic Safety and Licensing U.S. Nuclear Regulate:7 Appeal Scard Panel C - dssicn U.S. Nuclear Regulatory Washington, D.C.
20555 C W ssion Washington, D.C.
20555 Chairman, Aamic Safety and Licensing Appeal 3 card Panel Edward Luten, Esq.
U.S. Nuclear Regulat0:7 Chairman, Atcmic Safety and C:
3ssion Licensing Scard Washington, D.C.
2Q5).y
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-ro U.S. Nuclear Regulatory Cc= mission Washington, D.C.
20555
. Honorable F.
Michael Parkowski Peter Buchsbaum, Esq.
Deputy Attorney General Robert Westreich, Esq.
Department of Natural Resources Department of the Public and Environmental Control Advocate Tatnall Building Division of Public Interest Dover, Delaware 19901 Advocacy 320 East State Street Richard L.
Black, Esq.
Trenton, New Jersey 08625 Counsel for NRC Regulatory Staff William Horner, Esq.
Office of the Executive Legal 67 Market Street Director Salem, New Jersey 08079 U.S.
Nuclear Regulatory Ccmmission Dr. Paul Mecrag,, Jr.
Washington, D.C.
20555 Suite 303 Cooper River Parkway West Richard Fryling, Jr., Esq.
North Park Drive Assistant General Solicitor Pennsauken, New Jersey 08109 Public Service Electric and Gas Ccmpany Dr. John R.
Lamarsh 80 Park Place, Room 7113 68 North Chatsworth Avenue Newark, New Jersey 07101 Larchmont, New York 10538 Mark L. First, Esq.
Mr. Chase R.
Stephens Deputy Attorney General Docketing and Service Section State of New Jersey Office of the Secretary 36 West State Street U.S. Nuclear Regulatory Trenton, New Jersey 08625 Commission Washington, D.C.
20555 Mr. David A.
Caccia R.D.
42 Box 70-A Sewell, New Jersey 08080
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NUCLEAR REGULATORY COMMISSION c'p 4, ~h BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOAR In the Matter of
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NORTHERN STATES POWER COMPANY et al.
)
Docket No. STN 50-484 (Tyrone Energy Park, Unit 1)
)
CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Licensees' Joint Motion for Summary Disposition Of Radon Issues," " Statement of Material Facts As To Which There Is No Genuine Issue To P' Heard," "Brief In Support of Licensees' Joint Motion For Summary Disposition," and " Affidavit of Dr. Morton I.
Goldman" were served by deposit in the U.
S.
mail, first class, postage prepaid, this 25th day of May, 1979, to all those on the attached Service List.
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z Dated:
May 25, 1979
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of MORTHERN STATES POWER COMPANY,
)
)
Docket No. STN 50-484
)
(Tyrone Energy Park, Unit 1)
)
SERVICE LIST Richard S. Salman, ~@e, Chaiman Ja:res P. Altran, Esquire Atanic Safety and Licensing Appeal Board Assistant Attorney General U.S. Nuclear Regulatory Cannission Departnent of Justice Washington, D.C.
20555 State Capitol Madison, Wiscensin 53702 Michael C. Farrar, Es W e Atanic Safety and Licensing Arpeal Board Mr. Thmas Galaren U.S. Nuclear Regulatory Cannission Ecute 2, Box 64 Washington, D.C.
20555 Turtle Lake, Wisconsin 54889 Dr. W. Reed Jchnscn Jocelyn Furtwangler Olson, Esgaire Atanic Safety and Licensing Appeal Ecard Special Assistant Attorney General U.S. Nuclear Regulatory CaInission Minnesota Pollution Ccatrol Agency
- }* Washing h, D.C.
20555 1935 W. Ccuntry Road B2 7"
Poseville, Minnesota 55113 Ivan -W. Smith, Esquire, Chai-ran Atanic Safety and Licensing Ecard Richard Ihrig, Escuire U.S. Nuclear Pegulator Ccmissica 400 Exchange Building Washington, D.C.
20555 4th and Center Winona, Minnescta 55937 Dr. Cecrge C. Andersca Oceancgraphy Depart:Ent, WB-10 Michael J. Cain, Esquire University of Wasnirsten Bureau of Lagal Services Seattle, Washington 98195 Depart ent of Natural Rescurces Bcx 7921 Mr. Iaster Fcrnblith, Jr.
Madiscn, Wisccasin 53707 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Cannissica Steven M. Schur, Esquire Washington, D.C.
20555 Chief Counsel Public Se~/ ice.Ccnnissica of Wisconsin Stephen H. Lewis, Escuire Hill Farrs State Cffice Euilding Office of the Executive Legal Director 4802 Sheboygan Avenue U.S. Nuclear Regulatorf Cannissicn Madison, Wisccasin 53702 Washington, D.C.
20555 Mr. Stanley Cider Docketing and Service Section c/o Durand Pos caster Office of the Secretary Tyrcne, Wisccnsin 54736 U.S. Nuclear Regulaticry Camission EcologyActicnofCswegpp),
Washingten, D.C.
20555 c/o Ms. Sharon Morey CJ
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Oswego, Nea Ycrk 13126
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h UNITED STATES OF AMERICA Q
'g NUCLEAR REGULATORY COMMISSION
)- bi( i BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
ROCHESTER GAS AND ELECTRIC
)
Decket No. STN 50-485 CORPORATION, et al.
)
(Sterling Power Project
)
Nuclear Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that I have served :his 25th day of May, 1979, the foregning documents by maili.J first-class and postage prepaid copies thereof, or by hand as indicated, to each of the following persons:
Alan S.
Rosenthal, Esq.
Richard S.
Salzman, Esq.
C: airman Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Re'ulatory U.S. Nuclear Regulatory Commis.9 4cn Commission Washington, D.C.
20555 Washington, D.C.
20555 By Hand By Hand Dr. George C. Anderson Dr. John H.
Buck Oceanography Department Atomic Safety and Licensing WB-10 Appeal Board University of Washington U.S.
Nuclear Regulatory Seattle, Washington 98195 Comnission Washington, D.C.
20555 Edward Luton, Esq.
By Hand Chairman Atomic Safety and Licensing Ms. Sharon Morey Board Ecology Action U.S.
Nuclear Regulatory P.O.
Box 94 Commission Oswego, Ne, York 13126 Washington, D.C.
20555 Nl
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_2-Stephen M.
Sohinki, Esq.
Jeffrey L.
Cohen, Esq.
Office of the E::ecutive New York State Energy Of fice Legal Director Swan Street Building U.S.
Nuclear Regulatory Core 1, Second Floor Commission Empire State Plaza Washington, D.C.
20555 Albany, New York 12223 Mr. Lester Kornblith, Jr.
Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Michael F.
McBride LeBoeuf, Lamb, Leiby & MacRae Attorney for Rochester Gas and Electric Corporation, et al.
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