ML19345G839

Answer Opposing Citizens Against Nuclear Danger 810327 Motion Requesting Hearing on Applicants' 801223 SNM License Application.Motion Does Not Comply W/Commission Regulations. Certificate of Svc Encl

ML19345G839
Person / Time
Site:	Susquehanna
Issue date:	04/09/1981
From:	Silberg J ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8104220485
Download: ML19345G839 (5)

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April 9, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before The Atomic Safety and Licensing Board In the Matter of )

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PENNSYLVANIA POWER & LIGHT COMPANY ) Docket No. 70-and )

ALLEGHENY ELECTRIC COOPERATIVE, INC. )

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(Special Nuclear Materials License ) y  ?

Application--New Fuel Storage and Receipt)

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MAR 131981

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APPLICANTS' ANSWER TO CITIZENS \ " f" AGAINST NUCLEAR DANGERS' MOTION 2f ,

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In its Statement On Interrogatories and Motions Before the Licensing Board, dated March 27, 1981, Citazens Agains g Dangers (CAND) asks that the Licensing Board g7 Cj ' D,

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To the extent that CAND is seeking a hearing on Applican December 23, 1980 Special Nuclear Materials License Application, the request is deficient and should be summarily denied.

There are two mechanisms by which a hearing can be held on this Application. First, pursuant to 10 CFR S2.717(b), the Atomic Safety and Licensing Board in the operating license proceeding can consider relevant issues after t?.e materials license.has been 3503 s

issued by the Director of Nuclear Ma erials Safety and Safeguards.

Since CAND seeks a hearing prior to issuance of a license, thisALO:Gl, p first route is obviously not what CAND had in mind. }6/8b ' D I E3 IN O104220485

B The second mechanism is to treat CAND's motion as a request for a hearing and petition for leave to intervene pursuant to 10 CFR S2.714. In that situation, CAND's filing must meet the in-terest and " aspects" requirements of that regulation. These are discussed at length in Applicants' Answer to Petition for Leave to Intervene and Request for Hearing of Susquehanna Environmental Advocates, dated March 27, 1981. No extended discussion of the application of these requirements to CAND's motion is needed here since CAND has failed to identify any cognizable interest which could be affected or any specific aspects of the subject matter of the proceeding.

CAND's motion might also be interpreted as a request that the Licensing Board stay action by the NRC Staff. The tests for stay requests are spelled out in the Commission's regulations, 10 CFR S2.788. CAND's filing fails to address any of these factors and therefore is unsupportable.

However CAND's motion is interpreted, it does not comply with Commission requirements and should therefore be denied. For the reasons set forth in Applicants' turch 27, 1981 Answer to SEA's petition, we would respectfully request that the Licensing Board promptly act in this mecter.

Respectfully submitted, SHAW, PITTMAN, POTTS & TPOWBRIDGE By

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Counsel for Applicants 1800 M Street, N. W.

Washington, D. O. 20036 (202) 822-1000 Dated: April 9, 1981

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before The Atomic Safety and Licensing Board In the Matter of )

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i PENNSYLVANIA POWER & LIGHT COMPANY ) Docket No. 70-AND )

ALLEGHENY ELECTRIC COOPERATIVE, INC. )

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(Special Nuclear Materials License )

. Application--New Fuel Storage and )

Receipt) )

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Applicants' Answer to Citi:: ens Against Nuclear Dangers' Motion was served by deposit in the United States Mail, First Class, postage pre-paid this 9th day of April,1981, to all those on the attached Service List.

.4 / t.- Of Jay E. Silberg /

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Dated: April 9, 1981 s

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. _ _ _ - - . - - , _ , . - . . - . ~ . . , - , , . , . . . . - ,,_...,.._..y . .

UNITED STATES OF AMERICA NUCLEAR REGU'ATORY COMMISSION

• BEFORE THE ATOMIC SAFETY AND LICENSING BCAPS In the Matter of )

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PENNSYLVANIA PCWER & LIGHT COMPANY )

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AND ) Docket Nos. 50-387

) 50-388 ALLEGHENY ELECTRIC CCCPERATI7E, INC. )

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(Susquehanna Steam Electric Station, )

Units 1 and 2) )

SERVICE LIST Sacretary of the Commission Dr. Judith H. Johnsrud U. S. Nuclear Regulatory Ccemissicn CO-Director Washing:en, D.C. 20555 Envircnmental Coalition en Nuclear Pcwer Administrative Judge James P. Gleason 433 Orlando Avenue S13 Gilmoure Drive State College, Pennsylvania 16801 Silver Spring, Maryland 20901 Susquehanna Envircnmental Advocates Mr. Glenn O. 3right c/o Gerald Schult , Esquire Atomic Safety and Licensing Post Office Sox 1560 Scard Panel Wilkes-Barre, Pennsylvania 18703 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Thomas J. Halligan, Corresponden The Citizens Against Nuclear Dangers Dr. Paul W. Purdem Post Office Sox 5 245 Gulph Hills Road Scranton, Pennsylvania 19501 Radnor, Pennsylvania 19087 Ms. Colleen Marsh Atomic Safety and Licensing Box 558 A, R. D. 44 Board Panel Mt. Top, Pennsylvania 13707 U. S. Nuclear Regulatory Commission Washing ca, D. C. 20555 Jessica H. Laverty, Esquire Office of the Executive Legal

. Docketing and Service Section Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555

Karin W. Carter, Esquire Mr. Thomas M. Gerusky, Director Department of Environmental Resources Commonwealth of Pennsylvania Bureau of Radiation Protection Department of Environmental 505 Executive House Resources Post Office Box 2357 Commonwealth of Pennsylvania Harrisburg, Pennsylvania 17120 Post Office Bcx 2063 Harrisburg, Pennsylvania 17120 Larry Chandler, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 4

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