ML19224D371

Intervenors Cleetons' Motion for Reconsideration of Emergency Planning Issue.Requests Participation in Wording of Contention & Introduction of Evidence.Certificate of Svc Encl

ML19224D371
Person / Time
Site:	05000471
Issue date:	05/21/1979
From:	Abbott W CLEETON, INTERVENORS
To:
References
NUDOCS 7907110653
Download: ML19224D371 (5)

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NUCLEAR REGULATORY COM"ISSION gql N4' g7 \

BEFORE THE ATOMIC LICENSING ' & ,

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AND SAFETY BOARD f, 4 O' In the Matter of )

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BOSTON EDISON COMPANY, et al., ) Docket No.

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(Pilgrim Nuclear Generating )

Station, Unit 2) )'

MOTION OF INTERVENOR CLEETONS FOR CONSIDERATION 0; THE ISSUE OF EMERGENCY PLANNING The Commonwealth of Massachusetts has moved that the Board admit two new contentions which relace to the issue of emergency planning. NRC Staff has responded by document dated May 17, 1979, in support of the Commonwealth's Motion, although the Staff would prefer the admissien of a single contention on the feasibility of emergency planning, with the parties "to negotiate the formulation of an acceptably worded contention."

As the Cc=cnwealth 's Mo tion recapitulate s , the intervenor Cleetons had ;riginally recuested the admission of a ccntention raisin the very same issue of emergency planning, which was supported by the SRC staff, but rej ec te ci 7907110653 315 326

by the Licensing Board on February 18, 1975. The Cleeton's appeal of this rejection to the Atomic Safety and Licensing Appeals Board was dismissed by the Appeals Board cs inter-locutory on April 28, 1975. The Appeals 3 card in its decisien, however, cade the observation:

"Our dismissal of this appeal on procedural grounds of course connotes no agreement with the ruling below, viz.,

that the feasibility of developing a suitable evacuation plan need not be explored in a construction permit proceedirg where such a plan exists for another reactor existing at the sace site. Similarly, our action here also doe; not reach the question, urged on us by the applicants but not decided by the Board below, whether there is any need to plan for energency evacuation of people from areas bevond the outer boundary of the plant s low population zone. .

Those issues may be lurking in the proceeding, but they are not appropriate for our consideration at this t ime .

The Intervenor Cleetons hereby move for the admission of a contention regarding the feasibility of developing an emergency plan for Pilgrin 2. The reasoning and arguments in support of such Motion- are adequately and fully set forth by the Cor.:nonwealth in the Commonwealth's Motion For Consideration of the Issue of E=ergency Planning. Further, inasmuch as the Cleetons had originally proposed the admission of such conte.ition, the Cleetons request t'2at such centention, if now admitted, be considered the joint contentien of the Ccnnonwealth and the Cleeto.s, and that the Cleetons, through their attorney, be perritted to participate in the woraing of the contention and the introduction of evidence on same.

315 327

Respectfully subnitted, Mr. and Mrs. Alan R. Cleeton By their Attorney:

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William S. Abbott 50 Congress St.

Boston, Mass. 02109 (617)-523-5520 Boston, Mcssachusetts May 21, 1979 315 328

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UNITED STATES OF AMERICA e Q

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NUCLEAR REGULATORY COMMISSION p

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In the iatter of )

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"0STON EDISON COMPANY, et al. ) Docket No. 50-471

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(Pilgrim Nuclear Generating )

Station, Unit 2) )

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CERTIFICATE OF SERVICE I hereby certify that the within " MOTION OF INTERVENOR CLEETOMS FOR CONSIDERATION OF THE ISSUE OF EMERGENCY PLANNING" has been served on the following by deposit of copies thereof in the United Sectes Mail, first class or air mail, postage prepaid this 21st day of May, 1979:

Edward Luton, Esq. Atomic Safety and Licensing Chairman, Atomic Energy and Appeal Scard Licensing Board U. S. Nuclear Regulatory Com:

U.S. Nuclear Regulatory Comm. Washington, D. C. 20555 Washington, D. C. 20555 Atomic Safety and Licensing Dr. A. Dixon Callihan Scard Panel Union Carbide corporation U. S. Nuclear Re2ulatory Ccan P- O. 3cx Y Washington, D.C. 20555 Cak Ridge, Tennessee 37330 Marcia E. Mulkey. Esq.

Dr. Richard F. Cole Barry H Smith, Esq.

Atcaic Safety and Licensing Office of the ExecurLve Legal 30ard Director U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Ccan.

Washington, D. C. 20555 a s hing to n , D. C.

.. 20535 315 329

Laurie Burt, Esq. Office of the Secretary Michael 3. Meyer, Esq. Docketing and Service Sect _cn Assistant Attorney General U.S. Nuclear Regulatory Connission Commonwealth of Massachusetts Washington, D. C. 20555 Environmental Protection Div.

One Ashburton Place, 19th Fir. Chief Librarian Boston, MA. 02108 Plymouth Public Lib.ary North Street George H. Lewald Plymouth, MA. 02360 Ropes & Gray 225 Franklin Street Dale G. Stoodley 3oston, MA. 02110 Boston Edison Conpany 800 Boylston Street Boston, Ma. 02199 x-William S. Abbott 315 330