ML19318D152
| ML19318D152 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom, Hope Creek, Crane  |
| Issue date: | 07/03/1980 |
| From: | Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML19318D146 | List: |
| References | |
| NUDOCS 8007080006 | |
| Download: ML19318D152 (7) | |
Text
[
07/03/80 O
V UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matters of:
)
)
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PHILADELPHIA ELECTRIC COMPANY ET AL.
)
Docket Nos. 50-277
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50-278 (Peach Bottom Atomic Power Station,
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Units 2 and 3)
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METROPOLITAN EDIS0N COMPANY ET AL.
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Docket No. 50-320
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(Three Mile Island Nuclear Station,
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Unit No. 2)
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PUBLIC SERVICE ELECTRIC AND GAS CO.
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Docket Nos. 50-354
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50-355 (Hope Creek Generating Station,
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Units 1 and 2)
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NRC STAFF MOTION FOR LEAVE TO INCLUDE HEALTH EFFECTS FINDINGS Licensees and Intervenors have filed proposed findings of fact with regard to the magnitude of radon releases. The Staff's Proposed Findings of Fact and Conclusions of Law, filed this day in the captioned proceedings, include not only findings and conclusions concerning the asserted deficiencies in the Perkins record, with respect to the magnitude of radon releases, but also include findings of fact and conclusions of law with respect to the de, minimus theory of health effects in the form of a proposed Memorandum and Order.
If the findings and conclusions. set forth in Part V go beyond what the Appeal Board intended and authorized, the purpose of this motion is to seek leave to file them.
The Staff believes that if the Staff's find-ings with respect to the magnitude of releases are accepted, this proceeding i
8007080 o06
e
. would be ready for final disposition. We believe that this view is con-sistent with prior decisions of the Appeal Board in these proceedings in ALAB-509M,ALAB-5402/ and ALAB-562E.
In ALAB-509, the Appeal Board indi-cated that "[i]f... at some future time we were to find the Perkins emission and concentration figures correct (or reasonably close to being so),
we would have to come to grips with the Licensing Board's d_e minimus theory" of health effects. 8 NRC 679 at 684. See also notes 5 and 9, ALAB-562, 10 NRC 437 at 440 and 441.
In ALAB-540, the Appeal Board noted that, except as noted therein, " issue is properly joined on the radon question and it is ripe for disposition either at trial or, possibly, summarily under 10 CFR 2.749..."A/
9 NRC 428 at 432.
Accordingly, the Staff requests the Appeal Board to accept for filing the Staff's health effects findings submitted on this date.
Respectfully submitted, M
Bernard M. Bordenick Counsel for NRC Staff Dated at Bethesda, Maryland this 3rd day of July,1980 E 8 NRC 679 (1978).
U 9 NRC 428 (1979).
U 10 NRC 437 (1979).
S/ ootnote omitted.
F
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matters of:
)
)
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PHILADELPHIA ELECTRIC COMPANY ET AL.
)
Docket Nos. 50-277
)
50-278 (Peach Bottom Atomic Power Station,
)
Units 2 and 3)
)
)
METROPOLITAN EDIS0N COMPANY ET AL.
Docket No. 50-320
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(Three Mile Island Nuclear Station,
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Unit No. 2)
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)
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PUBLIC SERVICE ELECTRIC AND GAS C0.
)
Docket Nos. 50-354
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50-355 (Hope Creek Generating Station,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING RADON RELEASE ISSUE IN THE FORM 0F A MEMORAN-DUM AND ORDER", "NRC STAFF'S PROPOSED TRANSCRIPT CORRECTIONS" and "NRC STAFF MOTION FOR LEAVE TO INCLUDE HEALTH EFFECTS FINDINGS", all dated July 3, 1980 in the captioned proceedings have been served on the persons listed on the attached pages. Those whose addresses are at the U.S. Nuclear Regulatory Commission have been served by the NRC internal mail system and others have been served by deposit in the U.S. mail.
One copy has been served on each person even though his or her name appears on more than one service list.
In addition to copies served on Atomic Safety and Licensing Board and Atomic Safety and Licensing Appeal Board members identified on the service lists, 3 copies have been provided to the Atomic Safety and Licensing Board Panel, and 15 copies have been provided to the Atomic Safety and Licensing Appeal Board Panel.
M N
l Sernard M. Bordenick /
Counsel for NRC Staff
I,,
In the Matter of:
PHILADELPHIA ELECTRIC COMPANY ET AL.
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Docket Nos. 50-277
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50-278 (Pcach Bottom Atomic Power Station, Units 2 and 3)
Michael C. Farrar, Esq., Chairman Eugene J. Bradley, Esq.
Atomic Safety and Licensing Philadelphia Electric Company Appeal Board 2301 Market Street U.S. Nuclear Regulatory Commission Philadelphia, Pennsylvania 19101 Washington, D.C.
20555 Troy B. Conner, Jr., Esq.
Dr. John H. Buck Conner, Moore and Corber Atomic Safety and Licensing 1747 Pennsylvania Avenue, N.W.
Appeal Board Washington, D.C.
20006 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Raymond L. Hovis, Esq.
Stack and Leader Dr. N. Reed Johnson 35 South Duke Street Atomic Safety and Licensing York, Pennsylvania 17401 Appeal Board U.S. Nuclear Regulatory Commission W. W. Anderson, Esq.
Washington, D.J.
20555 Deputy Attorney General Department of Justice Edward G. Bauer, Jr., Esq.
Capitol Annex Vice President and General Counsel Harrisburg, Pennsylvania 17120 Philadelphia Electric Company 1000 Chestnut Street Myron Bloom, Esq.
Philadelphia, Pennsylvania 19105 U.S. Environmental Protection Agercy Karin Carter, Esq.
Region III, Curtis Building j
Department of Environmental Resources 6th and Walnut Streets Commonwealth of Pennsylvania Philadelphia, Pennsylvania 19106 505 Executive House Harrisburg, Pennsylvania 17120 Atomic Safety and Licensing Appeal Board Panel John B. Griffith, Esq.
U.S. Nuclear Regulatory Comission Special Assistant Attorney General Washington, D.C.
20555 Tawes State Office Building (C-4)
Annapolis, Maryland 21401 Atomic Safety and Licensing Board Panel Senator Allen R. Carter U.S. Nuclear Regulatory Comission Chairman Washington, D.C.
20555 Joint Lecislative Comittee on Energy P.O. Box 142 Secretary Suite 513 Senate Gressette Bldg.
U.S. Nuclear Regulatory Commission Columbia, SC 29202 ATTN: Chief, Docketing & Service Br.
Washington, D.C.
20555
7 d
4 In the Matter of:
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METROPOLITAN EDIS0N COMPANY ET AL.
Docket No. 50-320
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(Three Mile Island Nuclear Station,
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Unit No. 2)
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Alan S. Rosenthal, Esq., Chairman
- Dr. Chauncey R. Kepford Atomic Safety and Licensing Appeal Citizens for a Safe Environment Board 433 Orlando Avenue U.S. Nuclear Regulatory Commission State College, PA 16801 Washington, DC 20555 Karin W. Carter, Assistant Dr. W. Reed Johnson, Member
- Attorney General Atomic Safety and Licensing Appeal Office of Enforcement Board Dept. of Environmental Resources U.S. Nuclear Regulatory Commission 709 Health and Welfare Building Washington, DC 20555 Harrisburg, PA 17120 Dr. John H. Buck, Member
- George F. Trowbridge, Esq.
Atomic Safety and Licensing Appeal Shaw, Pittman, Potts & Trowbridge Board 1800 M Street, N.W.
U.S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 Ms. Judith H. Johnsrud Mr. Gustave A. Linenberger*
433 Orlando Avenue Atomic Safety and Licensing Board State College, PA 16801 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Panel
- Dr. Ernest O. Salo U.S. Nuclear Regulatory Commission Professor, Fisheries Research Washington, DC 20555 Institute, WH-10 College of Fisheries Atomic Safety and Licensing Appeal University of Washington Panel (5)*
Seattle, WA 98195 U.S. Nuclear Regulatory Commission James A. Humphreys, III Barley, Snyder, Cooper & Barber Docketing and Service Section (7)*
115 E. King Street Office of the Secretary Lancaster, PA 17602 U.S. Nuclear Regulatory Commission Washington, DC 20555 Allen R. Carter, Chairman Joint Legislative Committee on Energy Post Office Box 142 Suite 513 Senate Gressette Building Columbia, South Carolina 29202
r e
s.
In the Matter of:
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PUBLIC SERVICE ELECTRIC AND GAS C0.
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Docket Nos. 50-354
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50-355 (Hope Creek Generating Station.
)
Units 1 and 2)
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Dr. W. Reed Johnson, Member
- Mr. M. J. Han Atomic Safety and Licensing Appeal Project Engineer Panel Bechtel Power Corporation U.S. Nuclear Regulatory Commission P.O. Box 3965 Washington, DC 20555 San Francisco, CA 94119 Richard S. Salzman, Es q.
- Troy B. Conner, Jr., Esq.
Atomic Safety and Licensing Appeal Conner, Moore & Corber Panel 1747 Pennsylvania Avenue, N.W.
U.S.-Nuclear Regulatory Commission Washington, DC 20006 Wash'ngton, DC 20555 Mark L. First, Esq.
Dr. Oscar H. Paris
- Deputy Attorney General Atomic Safety and Licensing Board State of New Jersey U.S. Nuclear Regulatory Commission 36 West State Street Washington, DC 20555 Trenton, NJ 08625 Mr. Ernest E. Hill F. Michael Parkowski, Esq.
Lawrence Livermore Laboratory Deputy Attorney General University of California Tatnall Building P.O. Box 808 L-123 Dover, DE 19901 Livermore, CA 94550 Peter A. Bucksbaum. Esq.
Dr. John Lamarsh Robert Westreich, Esq.
68 North Chatsworth Avenue Department of Public Advocate Larchmont, NY 10538 Division of Public Interest Advocacy 520 East State Street Ms. Judith H. Johnsrud Trenton, NJ 08626 433 Orlando Avenue State College, PA 16801 Dr. Paul Meeray, Jr.
Suite 303 Atomic Safety and Licensing Board Cooper River Parkway West Panel
- North Park Drive U.S. Nuclear Regulatory Commission Pennsauken, NJ 08109 Washington, DC 20555 Richard Fryling, Jr., Esq.
Atomic Safety and Licensing Appeal i
Public Service Electric and Panel (5)*
Cas Company U.S. Nuclear Regulatory Commission 80 Park Place Washington, DC 20555 Newark, NJ Docketing and Service Section (7)*
l Mr. David A. Caccia Office of the Secretary R. D. #2 U.S. Nuclear Regulatory Commission Box 70-A Washington, DC 20555 Sewell, NJ 08080
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(
o; PROCEEDING TERMINATED In the Matter of:
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- ROCHESTER GAS AND ELECTRIC
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Docket No. STN 50-485
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-(Sterling Power Project,
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- Nuclear Unit 1)
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Ms. Sue Reinert Ecology Action Box 94 Oswego, NY 13126 e
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