ML19276G606
| ML19276G606 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 06/25/1979 |
| From: | Valore C VALORE, C. |
| To: | |
| References | |
| NUDOCS 7907240231 | |
| Download: ML19276G606 (6) | |
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UNITED STATES OF AMERICA
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Omcs of me Secretary NUCLEAR REGULATORY CCMMISSION OccMDE& Si"IC8 Branc.
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BEFCRE THE ATCMIC SAFETY AND LICENSING BOAR Ca
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In the Matter of
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Docket No. 50-272 PUBLIC SERVICE ELECTRIC Preposed Issuance of haendment
& GAS CCMPANY
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to Facility Operating License No. DPR-70 (Salem Nuclear Generating
)
Station, Unit No. 1)
)
INTERVENCR TCWNSHIP CF LCWER ALLCWAYS CREEK RESPCNSE TO NRC STAFF' CBJECTICN TO BCARD QUESTICN FACTS Cn or about June 1,1979, the NRC Staff filed an Cbjection to the Board question #3 propounded by Order of the Atcmic Safety and Licensing Board dated April 18, 1979.
Question #3 provides in part:
"If an explosion or ' meltdown' occurrad at Salem, to what extent would that affect the spent fuel pool?"
Apparently, the NRC Staff cbjection is to the abcVe part of Question 43 in that it is conceived that an explosien er meltdcwn enccmpasses a Class 9 accident.
The obj ecticn of the NRC Staf f is that the Commissien's case law and polic? prchibit the consideration of Class 9 accidents by the applicant, the staff, er an adjudicatory board.
7907240z3l
LEGAL ARGUMENT I.
THE NRC STAFF'S OBJECTICN TO THE BOARD QUESTICN IS A PROCEDURE NOT AUTHORIZED BY PART 2 OF THE RULES OF PRACTICE The Rules provide no interlocutory appeals may be taken from Orders of the presiding Officer.
Rule 2.730 (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, Paru 2), then the procedure has not been properly followed in trat nc Affidavits or evidence has been submited in support of the Motion.
It appears that the Board has made Question #3 an issue in this centested 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 precedure wculd be a motion for reconsideration of the Board's Order so that an Order might be entered remcving Question 43 as an issue in the centested proceeding in the event the NRC Staf f was successful in its application.
The filing of an "Cbj ecticn" does not appear to be in conformity with the Rules unless the " Objection" is to be treated as a motien.
In the event it is treated as a motion, no Af fidavits or evidance has been filed in support of the motien.
II.
QUESTION #3 IS A PROPER QUESTICN IN A CCNTESTED PROCEEDING In the Matter of offshore Power Systems, Inc. (Floating Nuclear Pcwer Plants, ALAB-489, 8 NRC 19 4, 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 apprcpriate is as follows:
"From this the staff reasons that floating nuclear power plants pese envircnmental 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 unkncwn when the Annex was put out as interim guidance In this centext it is clear that the events at Three
> tile 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 Atanic Safety and Licensing Board discretion to prcpound Questien 43 and accept evidence on this question.
CCNCLUSION The NRC Staff's Objection to Board Question #3 should be over ruled.
Respectfully submitted, itLGL.<vCd
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e CARL VALORE, JR.,
Special
's Nuclear Counsel for the Intervenor, Township of Lower Alloways Creek June 25, 1979
O UNITED STATES OF AMBIGCA NUCLEAR REGULATORY COMMISSICN Before the Atomic Safety and Licensing Board In the Matter of c)
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PUBLIC SERVI E ELECTRIC DOCKET NO. 50-272 T
& GAS CO.
(Salem Generating Station Unit 4i)
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,g g 31979 P 0$c8CN' h, occk@E CERTIFICATE OF SERVICE B *C,"
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 of fice in Northfield, N.J., with proper postage thereon, this 25th day of June 1979.
CARL VALO RE, J R., Special Nuclear Counsel for the Intervenor, the Township of Lower Alloways Creek Dated:
Jme 25, 1979
i S
Y.. t.
Gary L. Milhollin, Esq.
Richard Fryling, Jr.,
Esquire Chairman, Atomic Safety Assistant General Solicitor
& Licensing Board Public Service Electric &
1815 Jefferson Street Gas Company Madison, Wisconsin 53711 80 Park Place Newark, N. J.
07101 Glen 0. Bright Member, Atomic Safety Keith Ansdorff, Esquire
& Licensing Board Assistant Deputy Public Advocate U.
S. Nuclear Regulatory Commission Department of the Public Advocate Washington, D. C.
20555 Division of Public Interest Advoct P. O. Box 141 Dr. James C. Lamb, III Trenton, New Jersey 08601 Member, Atomic Safety &
Licensing Board Panel Sandra T. Ayres, Esquire 313 Woodhaven Road Department of the Public Advocate Chapel Hill, N. C.
27514 520 East State Street Trenton, N. J.
08625 Chairman, Atomic Safety and Licensing Appeal Board Panel Mr. Alfred C. Coleman, Jr.
U.
S. Nuclear Regulatory. Commission Mrs. Eleanor G. Coleman Washington, D. C.
20555 35 "K" Drive Pennsville, N. J.
08070 Chairman, Atomic Safety &
Licensing Board Panel Office of the Secretary U.
S. Nuclear Regulatory Commission Docketing and Service Section Washington, D.
C.
20555 U. S. Nuclear Regulatory Ccmmissi.
Washington, D. C.
20555 Barry Smith, Esquire Office of the Executive Legal Director June D. MacArtor, Esquire
(~.
S. Nuclear Regulatory Commission Deputy Attorney General Washington, D. C.
20555 Tatnall Building, P. O. Box 1401 Dover, Delaware 19901 Mark L. First, Esquire Deputy Attorney General Mr. Lester Kornblith, Jr.
Jepartment of Law & Public Safety Atomic Safety and Licensing Board Environmental Protection Section U.
S. Nuclear Regulatory Commissi 36 West State Street Washington, D.
C.
20535 Trenton, N.J.
08625 Mark J. Wetterhahn, Esquire for Troy B.
Conner, Jr., Esq.
[747 Pennsylvania Avenue, N. W.
Sutte 1050
.ashington, D. C.
20006