ML19341D491
| ML19341D491 | |
| Person / Time | |
|---|---|
| Site: | 07002909 |
| Issue date: | 02/27/1981 |
| From: | Godwin A ALABAMA, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8103050687 | |
| Download: ML19341D491 (6) | |
Text
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bl UNITED STATES OF AMERICA e,
",ARO 4793;M NUCLEAR REGULAIORY COMMISSION 6-wa % gross Co*Es e7 EEFORE THE ATOMIC SAFETY AND LICENSING BOARD y
In the Matter of WESTINGHOUSE ELECTRIC CORPORATION Docket No. 70-2909 C
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Office of the Seentmy MOTION TO DENY CONTENTION Dccheting & Smice P
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b Comes now the State of Alabama through its Health Officer and i
moves that Contention 17 of Proposed SEACA stipulated content.ons, Attachment B, he denied.
1.
Westinghouse Electric Corporation ("WEC"), the staff of the Nuclear Regulatory Commission (" Staff"), and Safe Energy Alliance of Cantral Alabama, Incorporated ("SEACA") have filed a stipulation with regard to revised SEACA contentions pursuant to this Atomic Safety and Licensing Board's (" Board") September 11, 1980 order. Under that stipulation, the proposed SEACA contentions have b g n, divided:into-c three groups. Attachment A to the stipulation sets forth those 9
contentions which WEC staff and SEACA agree constitute admissible contention in this proceeding. Attachment B to the stipulation sets forth unstipulated contentions that SEACA suggests should
_e be admitted as matters in controversy but that WEC and/or staff ee
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_2 do not agree should be admitted. Attachment C to the stipulation sets forth those contentions previously filed by SEACA which have been deferred by agreement until the relevant section of the license application in this proceeding have been filed by WEC.
2.
Proposes SEACA Contention 17 as given in Attachment B reads as follows:
"' Source Materials' and 'By Product Materials' of the Plant are to be regulated by the State of Alabama as 'an Agreement state' (See g 5-8, Application), meaning that the State of Alabama will assume all responsibility and obligation for said materials, yet the State is untrained and unprepared to handle the same and is assuming an enormous risk for its citizens in doing so."
3.
The State of Alabama contends that this proposed contention is 2
outside the jurisdiction of this Board.
Section 274(b) of the Atomic f
Energy Act of 1954, as amended, authorizes the Commission to enter i
into agreements with states with respect to source, by product, and t
Such an agreement has been entered into with the State of Alabama. This proceeding is for the licensing of special nuclear materials in excess of those covered by the i
agreement with Alabama; therefore, this challenge to the validity of this agreement has no bearing in this case, and should be denied.
4.
Further, SEACA's contention that the State of Alabama has I
assumed "all responsibility and obligation for said materials" is in i
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error, since just because a state regulates some activity does not mean the state assumes "all responsibility and obligation" for such j
activity.
For example, the state licenses and regulates motor f
vehicle drivers but certainly does not assume "all responsibility l
and obligation" for their activities.
It appears this Board was not i
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_3 established to review the areas of responsibility of a state but t
rather to judge the merits of an application for a federal (not state) license for WEC (not Alabama).
Therefore, this proposed contention apparently is moot and should be denied.
- 5. -For the reasons stated in 3 and.4 above, the State of Alabama i
J respectfully requests this Board grant its motion to deny SEACA's proposed Contention 17.
Respectfully submitted, glg c l b
-r Aubrey V.
dwin Representing Ira L. Myers, M.D.
Dated at Montgomery, Alabama, thisJ-7 day of _ fg h, 1981.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of WESTINGHOUSE ELECTRIC CORPORATION Docket No. 70-2909 (Alabama Nuclear Fuel Fabrication Plant Special Nuclear Material License)
CERTIFICATION OF SERVICE I hereby certify that copies of the " Motion to Deny Contention" were served upon the persons listed in Attachment I to this Certifi-cate of Service by deposit in the United States Mail (First Class),
postage prepaid, this y day of ff/>
1981.
QL/wbdkycl '
(Aubrey[.Codwin) c n
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ATTACitMENT 1 John F. Wolf, Esquire, Chairman Sherwin E.' Turk, Esquire-
,t Atomic Safety and Licensing Board Office of the Executive Legal U. S. Nuclear Regulatory Commission Director 3409 Shepherd Street U. S. Nuclear Regulatory Commission Chevy Chase, Maryland 20015 Washington, D. C.
20555 Dr. Ilarry Foreman, Member David L. Allred Esquire d'
Atomic Safety and Licensing Board 231 Oak Forest Drive Box. 395, !!ayo Montgomery, Alabama 36109 University of Minnesota Minneapolis, Minnesota 55455 Ms. Cathalynn Donelson 855 Park Avenue Dr. Martin J. Steindler, Member Montgomery, Alabama 36106 Atomic Safety and Licensing Board Argonne National Laboratory Atomic Safety and Licensing Board Panel 9700 South Cass Avenue U. S. Nuclear Regulatory Commission Argonne, Illinois 60439 Washington, D. C.
20555 I
Barton Z. Cowan, Esquire Atomic Safety and Licensing Appeal Panel Eckert, Seamans, Cherin & Mellott U. S. Nuclear Regulatory Commission (2nd Floor, 600 Grant Street.
Washington, D. C.
20555 1.ttsburgh, Pennsylvania 15219 Docketing & Service Section Donald R. !brcucci, Esquire Office of the Secretary Law Department U. S. Nuclear Regulatory Commission Westinghouse Electric Corporation Washington, D. C.
20555 P. O. Box 355 Pittsburgh, Pennsylvania 15230 Julian L. !!cPhillips, Jr., Esquire P. O. Box 64 516 South Perry Street Montgomery, Alabama 36101 j
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