ML19341D468

Appeal & Exceptions to ASLB 810202 Partial Initial Decision. ASLB Erred in Considering Benefits Vs Costs Before Evidentiary Hearing & in Not Determining Effect of Unsolved Generic Matters on CP Issuance.W/Certificate of Svc

ML19341D468
Person / Time
Site:	05000471
Issue date:	02/25/1981
From:	Cleeton A, Cleeton M AFFILIATION NOT ASSIGNED
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML19341D465	List: ML19341D464 ML19341D468
References
NUDOCS 8103050639
Download: ML19341D468 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of

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BOSTON EDISON COMPANY, e.t al.

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Docket No. 50-471 (Pilgrim Nuclear Generating Station,

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Unit 2)

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EXCEPTIONS OF INTERVENOR CLEETONS TO THE ATOMIC SAFETY AND LICENSING BOARD'S " PARTIAL IMITIAfs DE-CISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ALL MATTERS EXCEPT EMERGENCY PLANNING AND TMI-2 RELATED ISSUES" Pursuant to 10 CFR 2.762, Intervenor Cleetons hereby appeals and takes exception to the order, findings and rulings of the Atomic Safety and Licensing Board as set forth in its Partial Initial Decision, Findings of Fact and Conclusions of Law on All Matters Except Emer-gency Planning and TMI-2 Related Issues set forth by the Board on February 2,1981 in the above-captioned matter.

Exception No.1 The Board erred in considering benefits versus costs before j

evidentiary hearings on emergency planning and TMI-2 related issues.

Exception No. 2 The Board erred in not determining the effect of unsolved generic matters on the issuing of a construction permit.

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i Exception No. 3 The Board erred in its findings of fact and conclusions of law by f

using such unspecific language as "At this time the Board has a responsi-bility to judge the likelihood of a predictive satisfactory timely solution."

(Paragraph 96)

Exception No. 4 The Board erred in allowing the untimely entrance into the pro-ceedings of the Governor of the Commonwealth of Massachusetts through his newly created Office of Energy.

(Paragraph 205)

Exception No. 5 The Board erred in stating that "The testimony proffered by Martha Drake was ruled inadmissible on the grounds of relevance." (Paragraph 266) i Exception No. 6 i

The Board erred in stating that "No evidence was presented to show 1

that the Clectons woulo be at any greater risk from the doses of radiation from the routine operation of Unit 2 than are other similarly situated mem-bers of the public."

(Paragraph 267)

Exception No. 7 The Board erred in accepting as fact the statements of Staff witness Gotchy on the risk of death from cancer which an individual living on the site boundary for thirty (30) years would incur.

(Paragraph 278)

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. Exception No.8 The Board erred in allowing unsubstantiated data from the BEIR Report to be admitted into evidence in attempting to establish risks associ-ated with various levels of radiation.

(Paragraph 279)

Exception No.9 i

The Board erred in allowing comparison statistics describing com-mon lifetime risks, all of which with the exception of cancer, have known avoidance chnacteristics.

(Paragraph 280)

Exception No.10 With respect to Cleeton Contention H, the Board erred in concluding that the Applicants and the Staff have demonstrated the need for additional power and ".. that Unit 2 is needed to meet these future requirements."

(Paragraph 387) i Exception No.11 1

The Board erred in concluding that the Applicants are financially qualified to construct the proposed facility.

(Paragraph 391)

Exception No.12 With respect to Cleeton Contention I the Board erred in concluding that 'There are at present no viable alternative energy sources." (Par. 395) l Exception No.13 The Board erred in its conclusion that "..from geographic and popu-lation viewpoints, the proposed Unit 2 site is suitable for the location of a nuclear plant of the general type and size proposed by the Applicants."

(Paragraph 397) i I

. Exception No.14 The Board erred in finding "the site suitable from hydrologic, geo-logic and seismic viewpoints."

(Paragraph 397)

Exception No.15 With respect to Cleeton Contention C, the Board erred ir, concluding that the " probability of an (aircraft) impact on vulnerable portions of the site is so small as not to be credible."

(Paragraph 399)

Exception No.16 With respect to Clecton Contention E, the Board erred in concluding that 'The testir:ony of the Cleetons' witnesses failed to show unusual circum-stances whereby the Cleeton family is inordinately susceptible to the eScts of radiation."

(Paragraph 405)

Exception No.17 With respect to Cleeton Contention B, the Board erred in concluding that ".. the transport of nuclear materials to and from Unit 2 does not con-stitute an unacceptable risk to the health and safety of the public or of the Intervenors in excess of that engendered by day-by-day commercial activity on highways and railroads."

(Paragraph 409) i February 25, 1981 Respectfully submitted, W Q Yr 7ha 2MGdz4J Alan R. Cleeton Marion W. Clecton Intervenor

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIGia BEFORE THE ATOMIC S AFETY AND LICENSING APPEAL BOARD

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In the Matter of

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BOSTON EDISON COMPANY, et al )

Docket No.

50 - 471

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Pilgrim Nuclrar Ge.1erating

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Station, Unit 2

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7ERTIFICATE OF SERVICE We hereby certify that the EXCEPTION OF INTEVENORS CLEETON TO THE ATOMIC S AFETY AND LICENSING BOARD'S

" PARTIAL INITIAL DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ALL MATTERS EXCEPT EMERGENCY PLANNING AND TMI

-2 RELATED ISSUES.

Has been served on the following by de-posit of copies in the United States Mail, firct class, pos-t age paid on this 25th day of Febryary, 1981.

Andrew C.

Goodhope, Esq.

Mr. Henry Herman, Esq.

Chairman, ASLB Repr. Massachusetts Wildlife 3320 Estelle Terrace 50 Congress Street Wheaton, Md. 20906 Boston, Mass. 02109 Dr.

A.

Dixon Callihan William S. Abbott, Esq Union Carbide Corp Suite 925 P.O.

Box Y

50 Congress Street Oak Ridge, Tenn.

37830 Boston, Masc. 02109 Dr. Richard F.

Cole Francis S. Wright, Esq.

Atomic Safety & Licensing Bd.

Spec. Assist Atty. General U.

S.

Nuclear Regulatory Comm.

Environemntal Protection Washington, D.C.

20555 One Ashburton Place Boston, Ma. 02108 J

• r Service List Mr. Patrick T.

Kenny, Esc.

Atomic Sa fety and Liceansing Mr. Edward L. Selgrade, Esq.

Appeal Board Deputy Director J.S. Nuclear Regulatory Commia Office of Energy Resources Washington, D.C.

20555 73 Tremont Street Boston, Ma. 02108 Atomic Sa fety and Licensing Chief Librarian Board Panel Plymouth Public Library U.S. Nuclear Regulator Comission North Street Washinton D.C.

20555 Plymouth, Ma. 02360 William S. Short, Esc.

Richard J. Goddard, Esq.

/.ssistant Gen. Counsel Offoce of Executive Legal Boston Edison Company Director 800 Boyleston Street U.S. Nuclearq Regulatory Comm.

Boston, Ma. 02199 Washington, D.C.

20555 Office of the Secretary Thomas G. Dignan, Jr.,

Esq.

Docketing and Service Sect.

Ropes and Gray U.S.

Nuclear Regulatory Comm.

225 Franklin Street Washington D.C.

20555 Boston, Ma. 02110 Alan R.

Cleeton Marion W.

Cleeton N

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22 Mackintosh Rd.

Franklin, Ma.

02053