ML20003C325

Exceptions to Partial Initial Decision & ASLB 780714 Order. Exceptions:Aslb Denied Petitioner Opportunity to Litigate Cost/Benefit Analysis & Requirement to Install Addl Radwaste Filtration & Containment Sys.Certificate of Svc Encl

ML20003C325
Person / Time
Site:	05000471
Issue date:	02/18/1981
From:	Herrmann H MASSACHUSETTS WILDLIFE FEDERATION
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8102270719
Download: ML20003C325 (6)

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N' NUCLEAR REGULATORY COMMISSION 87 FEB 2 31981 > -

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,. BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL N x *' B 4N i ,-

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In the Matter of )

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BOSTON EDISON COMPANY et al. )

) Cocket No. 50-471 (Pilgrim Nuclear Generating Station, )

Unit 2) )

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EXCEPTIONS BY THE INTERVENOR MASSACHUSETTS WILDLIFE FEDERATION TO THE " PARTIAL INITIAL DECISION FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ALL MATTERS EXCEPT EMERGENCY PLANNING AND TMI-2 RELATED ISSUES" A'iD TO THE BOARD'S ORDER OF JULY 14, 1978 REFERRED TO THEREIN.

The Massachusetts Wildlife Federation ("MNF"), an intervenor in the above-captioned proceeding, by irs attorney, pursuant to 10 C.F.R. 2.762, hereby submits its exceptions to the " Partial Initial Decision Findings Of Fact And Conclusior.s Of Law On All Matters Except Emergency Planning And TMI-2 Related Issues" and to the Board's Order of July 14, 1978 referred to therein.

Excection 1.

With respect to MNF contention 1(a) and 9, the Board erred 1 in denying the MWF an opportunity to litigate the constitutionality and legality (on substantive and procedural grounds) of 10 C.F.R.

8102270glq

s Part 50, Appendix I, Section IID (cost benefit analysis)

[ Order of July 14, 1978, page 5, and Appendix "A", page 2, referred in footnote 3, page 8 of the Partial Initial Decision]

Exception 2.

1 With respect to MWF contentions 1(a) and 9, the Board erred in precluding the MWF from litigating , that notwithstanding compliance with Appendix I (as currently written and interpreted) the Applicant should be required to install additional radwaste j filtration and containment systems. [ Order of July 14, 1978, page 5, and Appendix "A", page 2, referred in footnote 3, page 8 of the Partial Initial Decision]

Exception 3.

The Board erred in applying the provisions cf Appendix I, SIID, and its cost benefit calculation provisions, to an assessment of the validity of MWF contention 1(b), without affording the MWF the opportunity to litigate its legal position as set forth in Exception #1 above [ Partial Initial Decision, page'199, S397, footnote 132].

Exception 4.

With respect to MWF contentions 1(a) and 9, the Board erred in finding compliance with the provisions of Appendix I

[ Partial Initial Decision, II G. c., SS117-126, pp. 67-72,],

by applying the cost benefit analysis provisions of Appendix I L

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SIID, thereby depriving MWF of its constitutional and procedural rights to litigate that additional radwaste systems are required.

Exception 5.

With respect to MWF contentions 1(a) and 9, the Board erred in finding that no radwaste system augments are required.

(Partial Initial Decision, page 72, S125]

Exception 6.

With respect to MWF contentions 1(a) and 9, the Board erred in making findings as to maximum expenditures for radwaste system augments only according to the "manrem" criterion of Appendix I, SIID, and not also according to the " man-thyroid-rem" criterion also required by said SIID. [ Partial Initial Decision, page 72, 5125, final sentence] (Note: The MWF does not hereby waive its challenge to the consti*'ttional and legal validity of said provisions of Appendix I, SIID)

Exception 7.

With respect to MWF-contentions 1(a. and 9, the Board erred in'its findings as to the comparison between the Applicant's and - the Regulatory = Staff's numerical data on gaseous effluents, the results of.said comparison, and the propriety of said L

I comparison. [ Partial Initial Decision, page 146, S282 and footnote 116 thereto]

> Respectfully submitted, l

l 1

Henry Herp ahn

Attorney /for Massachusetts Wildlife Federation, Intervenor 50 Congress Street (1045)

Boston, Massachusetts 02109 Tel. No. (617] 423-6096 Dated: February 18, 1981 1

1 i

UMITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of )

)

BOSTON EDISON COMPANY et al. )

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

Unit 2) )

)

CERTIFICATE OF SERVICE I hereb y certify that the within " EXCEPTIONS BY THE INTERVENOR MASSACHUSETTS WILDLIFE FEDERATION TO THE " PARTIAL INITIAL DECISION FINDINGS OF FACT l'1D CONCLUSIONS OF LAW ON ALL MATTERS EXCEPT EMERGENCY PLANNING AND TMI-2 RELATED ISSUES" AND TO THE BOARD'S ORDER OF JULY 14, 1978 REFERRED TO THEREIN."

has been served on the following by deposit of copies thereof in the United States Mail, first class mail, postage prepaid this 18th day of February 1981:

Andrew C..Goodhope, Esq. Mr. and Mrs . Alan R. Cleeton Chairman 22 Mackintosh Street Atomic Safety and Licensing Board Franklin, Mass. 02038 3320 Estelle Terrace Wheaton,.Md. 20906 William S. Abbott, Esq.

Dr. A. Dixon Callihan Suite 925 Union Carbide Corporation 50 Congress Street P. O. Box Y Boston, Mass. 02109 Oak Ridge, Tennessee 37830 Dr. Richard F. Cole Francis S. Wright, Esq.

Atomic Safety and Licensing Board Special Assistant Attorney General U.S. Nuclear Regulatory Commission Environmental Protection Washington, D.C. 20555 Public Protection Bureau One Ashburton Place, 19th Fl.

Patrick J. Kenny, Esq. Boston, Mass. 02108 Edward L. Selgrade, Esq.

Deputy Director Atomic Safety and Licensing Mass. Office of Energy Resources Appeal Board 73 Tremont Street U.S. Nuclear Regulatory Commission Boston, MA. 02108 Washington, D.C. 20555

Atomic Safety and Licensing Chief Librarian Board Panel Plymouth Public Library U.S. Nuclear Regulatory Commission North Street Washington, D.C. 20555 Plymouth, Massachusetts 02360 William S. Short, Esq. Richard J. Goddard, Esq.

Assistant General Counsel Office of the Executive Legal Boston Edison Comagny Director 800 Boylston Street U.S. Nuclear Regulatory Commission Boston, Massachusetts Washington, D.C. 20555 Office of the Secretary George H. Lewald, Esq.

(Original and 20 copies) Ropes & Gray Docketing and Service Section 225 Franklin Street U.S. Nuclear Regulatory Commission Boston, Massachusetts 02110 Washington, D.C. 20555 Henry Herp ann Attorney /for Massachusetts Wildlife Federation, Intervenor 50 Congress Street (1045)

Boston, Massachusetts 02109 Tel. No. [617] 423-6096 T

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