ML19289F046
| ML19289F046 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 03/20/1979 |
| From: | Macartor J DELAWARE, STATE OF |
| To: | |
| References | |
| NUDOCS 7906010140 | |
| Download: ML19289F046 (4) | |
Text
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UNITED STATES OF AMERICA 9, &
4 NUCLEAR REGULATORY COMMISSION
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I Matter of BLIC SERVICE ELECTRIC Docket No. 50-272 S GAS COMPANY (Proposed Issuance of (Salem Nuclear Generating Amendment to Facility Station, Unit #1)
Operating License No. DPR-7 0)
S INTERESTED STATE OF DELAWARE'S ANSWER TO LICENSEE'S MOTION FOR
SUMMARY
JUDGMENT Pursuant to 10 CFR 82.749 Interested State of Delaware c.nswers and opposes Licensee's Motion for Summary Disposition.
1.
Licensee has not carried its burden of proof as to Colemans' Contention 9 and LACT Contention 1 in consideration of alternatives.
In particular, the attached affidavits set forth increased costs of substituted power with no documenta-tion and no evaluation of the alternative of lowered energy consumption.
Resolution of this contention would benefit from an evidentiary hearing.
2.
Licensce's Motion as to LACT Contention 3 is unconvincing in its language attempting to convey that the increased storage capacity will not be used to store fuel from other facilities.
Delaware recognizes that this pro-ceeding may not grant permission for such storage, but believes ll that the assurances of impracticality of such storage are an
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inadequate substitute for a full evidentiary hearing on the l
subject of increased risk from transported materials into the storage pool.
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l 3.
Delaware believes that the concerns and interests of its citizens would be benefitted from a full evidentiary airing of the subject matter of Colemans Contention 13.
The cumulative effect of an additional source of radioactivity w
in an area that already contains several nuclear facilities has aroused concerns that need to be addressed in a fuller fashion than is afforded by the Summary Disposition procedure.
4.
Delaware neither supports nor opposes the Motion as to Colemans' Contentions 2 and 6.
STATEMENT OF MATERIAL FACTS AS TO WHICH THERE ARE GENUINE ISSUES TO BE HEARD 1.
There are alternatives that have not been adequately considered.
2.
Utilization of the increased capacity for storage from other facilities is not. precluded and the effects are in dispute.
Respectfully submitted,
[M h
June D. MacArtor Deputy Attorney General q
March 2 8, 1979 l
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STATE OF DELAWARE)) ss.
COUNTY OF KENT
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I hereby certify that Harry Ot.o, personally appeared l.
before me thisc2/
day of March, 1979, and being on his oath duly sworn, did depose and say that the matters and tItings set forth in the foregoing Answer to Motion for Summary Judgment and Statement of Material Facts at Issue are true and correct to the best of his information, knowledge and belief and not 3
interposed for delay.
Hirry 0 + ~'b]
Enw
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.f Manager Technical Services Division of Environmental Control Department of Natural Resources -
and Environmental Control of j
The State of Delaware l
I SWORN to and subscribed before me the day and year
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above written.
Qw6P /$nnou' r
tary Public i
i n
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l UNITED STATES OF AMERICA NUCLEAR REGUIATORY C0ft1ISSION In the Matter of PUBLIC SERVICE ELECTRIC Docket No. 50-272 S GAS COMPMN (Proposed Issuance of Amendment (Salem Nuclear Generating to facility Operating License Station, Unit #1)
No. DPR-70)
LunnCATE OF SERVICE o
I hereby certify that copies of Interested State of Delaware's Answer to Licensee's Motion for Sumrrary Judgment have been served upon the follcwing by deposit in the U. S. Mail this +?/ day of Mamh,1979:
Cery L. Milho11in, Esq., Chairran Mark J. Wetterhahn, Esq.
Atomic Safety and Licensing Board for Troy B. Conner, Jr., Esq.
1815 Jefferson Street 1747 Pennsylvania Ave., N.W.,
Madison, Wisconsin 53711 Suite 1050 i
Washington, D. C. 20006 Mr. Glenn O. Bright, Member Atomic Safety and Licensing Boani Panel Richard Pryling, Jr., Esq.
r U. S. Nuclear Regulatory Conmission Assistant General Solicitor j
Washington, D. C. 20555 Public Service Electric S Gas Co.
80 Park Place Newark, N. J. 07101 Dr. James C. Izmib, III, Member A+omic Safety and Licensing Board Panel R. William Potter, Esq.
313 Woodhaven Road Assistant Deputy Public Advocate Chapel Hill, N. C. 27514 Division of Public Interest Advocacy P. O. Box 141 Chairman, Atomic Safety an:1 Licensing Trenton, N. J. 08601 Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Sardra T. Ayres, Esq.
I Department of the Public Advocate 520 East State Street Chainnan, Atanic Safety and Licensing Trenton, N. J. 08625 Board Panel U. S. Nuclear Regulatory Comission Mr. Alfred C. Coleman, Jr.
i J
Washington, D. C. 20555 Mrs. Eleanor G. Coleman f'
Barry Smith, Esq.
35 "K" Drive Pennsville, New Jersey 08070
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Office of Executive Legal Director U. S. Nuclear Regulatory Comission Washington, D. C. 20555 Carl Valom, Jr., Esq.
Valore, McAllister, Amn S Westmamln3 Mainland Pmfessional Plaza Mark L. First, Esq.
P. O. Box 175 Decutv Attomey 4neral Northfield, N. J. 08225 Department of Law and Public Safety Environmental Protection Section Office of the Secretary ti 36 West State Street Docketing and Service Section Trenton, N. J. 08625 U. S. Nuclear Fenulatory Comissa,cn Washington, D. C. 20555 pune D. MrArtorf(/w&/
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