ML19331A777
| ML19331A777 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/28/1973 |
| From: | Cherry M, Graham R CHERRY, M.M./CHERRY, FLYNN & KANTER, Saginaw Intervenor |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML19331A778 | List: |
| References | |
| NUDOCS 8007230808 | |
| Download: ML19331A777 (4) | |
Text
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so 117,'330 March 28, 1973 l
l UNITED STATES OF AMERICA g
ATOMIC ENERGY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENS TNG APPEAL 3 GARD In the Matter of
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Docket Nos.'50-329 CONSUMERS POWER COMPANY
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50-330
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Midland Plant, Units 1 and 2
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MOTION AND SUPPLEMENT TO SAGINAW VALLEY, et al.,
INTERVENOR'S STATEMENT OF EXCEPTIONS TO ThE INITIAL DECISION FILED ON JANUARY 15, 1973 Intervonors hereby move to supplement the record on l
appeal and place before the Appeal Board newly discovered I
information which has relevance to the Appeal Board's l
deliberations in this matter.
Intervonors request the Appeal Board to receive as part of the record or take official notice of:
1 Letter dated December 18, 1972 from C.
P.
Siess to J.
R.
Schlesinger, together with five pages of attachments l
(Attachment 1 hereto);
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8007aso 8bfrO l
2.
Letter of February 5, 1973 from Acting Chairman Ray to H. G. Mangelsdorf (Attachment 2 hereto).
Good cause exists for the filing of these papers at this time inasmuch as Intervenors' counsel only received these letters yesterday, March 27, 1973.
.we believe that these letters demonstrate the following:
a) 10 CFR 550.35 (a) requires, inter alia, that the Licensing Board find that unresolved nuclear safety issues ~
have reasonable assurance of being resolved during the period of construction.
Attachments 1 and 2 to this motion indicate r
that there are at least 22 items which are presently unresolved without any demonstration that these matters can be resolved at l
all.
In fact, attachment 2 is an admission by the Acting Chair-man of the Atomic Energy Commission that
...a few items such
' common mode failures'" may not be resolved for sometime:
as l
b)
Our Exception I.I. raised the issues that the Licensing Board did not adequately resolve outstanding ACRS issues con-i sistent with 50.3 5 (a).
The two attachments to this motion support this Exception;.
c)
Our Exception V.
I.
raised the issues as to whether NEPA was satisfied as a result of the failure of the Licensing Board to develop a cost-benefit analysis with respect to un-resolved ACRS items.
It is clear from the record together with the attachments to this motion that not only have the require-ments of 10 CFR 50.35 (a) not been fulfilled but also that an adequate NEPA analysis has not been done with respect to at least the 22 non-resolved problems mentioned in the Dece ber 18, 1972 ACRS letter; and d)
The letter of February 5, 1973 from Acting Chairman Ray to Mr. Mangelsdorf stresses that the Commission requ' ires these matters to be resolved in each licensing case.
It is clear from the record that the unresolved matters were not either addressed or resolved by the Licensing Board.
WIIEREFORE, Intervenors request the Appeal Board, good cause having been shown, to permit the filing of this motion and the attachments hereto, and upon such filing to consider these matters as additional grounds for reversal of the permits issued by the Licensing Board.
Respectfully submitted 0'b 7'
Myron M.
Cherry Robert L. Graham At' toc.cy for Saginaw', et
'l.,
One IBM Plaza Inter'enors Chicago, Illinois 60611 (312) 222-9350
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CERTIFICATION
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.hb I certify that a copy of the foregoing motion and
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H attachments was served by mail, postage prepaid, and properly
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addressed, on March 28, 1973 upon members of the Appeal Board, Secretary of the Cor. mission, and all counsel of record.
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Myf n M.' cherry " ~
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