ML20003H463

Response to NRC & Applicant Health & Safety Interrogatories. Environ Coalition on Nuclear Power Lacks Adequate Funds & Resources to Respond.Interrogatories Are Burdensome. Certificate of Svc Encl

ML20003H463
Person / Time
Site:	Susquehanna
Issue date:	01/15/1981
From:	Johnsrud J Environmental Coalition on Nuclear Power
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), PENNSYLVANIA POWER & LIGHT CO.
References
NUDOCS 8105060052
Download: ML20003H463 (3)

Text

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., 1 h5[i,q glRONpt TAL COALITION ON NUCLEAR POWER L M ,rge Boomsme-R.D. et, Pooch Bottom, Pe. t 7563 717-548 2836

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• Dr. Jud.th Johnsrud-433 oriendo Avenue, State College, Po,16801 814437M 4 05198 4 '41 o , % $, = P . UNITED STATES-QF APIRICA g "NtJCLEAR REGULATORY COMMISSION Q y [ohAWNued'

' / m aNSYLVA' POWER AND LIGHT COMP 5 Y Docket Nos. 50-387

[ da g 8 C and ALLEGHENY ELECTRIC COOPERATIVE, INC. 50-388 (Susquehanna Steam Electric Station, f Units 1 and 2) f ECNP INTERVENORS' RESPONSE ON HEALTH AND SAFETY INTERR0GATORIES_

The Environmental Coalition on Nuclear Power (ECNP), as a public-interest organization, lacks the resources of time, money, and personnel to respond to the extensive interrogatories posed by Staff and Applicant in this proceeding.

The NRC Appeal Board's finding in ALAB-613 that the number of interrogatories does not constitute an undue burden on intervenors takes no account of the disparity in resources among the parties in an NRC proceeding and fails to account for the special role which citizen intervenors play when they participate in NRC licensing proceedings.I This citizen organization does not have the adequate funds or other resources; the background explanations have already been provided to this Board numerous times and we refer the Board to ECNP's filings on this topic.

As a msult of assurances from this Atomic Safety and Licensing Board earlier in the pmceeding that discovery on health and safety issues would be delayed until after completion of the environmental proceedings, ECNP's representa-tives' time this fall and winter has been scheduled accordingly. The memo of November 20, 1980, from Richard Stark, NRC Project Manager for Susquehanna, to l the Applicant makes clear that there will be at least an additional nine months' delay in the fuel loading date, a slippage which takes fuel loading to March,1982, and removes any need for disturting the Board's discovery schedule.

In any event, we believe the interrogatories are burdensome and we cannot guarantee, given the constraint of ECNP's limited resources and other obligations, that sufficient time would be available to answer these interrogatories even_

following_ completion of the environmental hearings. The only possible way to answer the interrogatories at this time would be to abandon all efforts at We direct the Board's attention to the comments of NRC Counsel Leonard Bickwit in his July 26, 1979, meno to the Commissioners , at p. 7, on TMI-l Restart: the start " ,nn w 1 114c,e with the applicant."

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preparing to assist this Board in ovaluating the Environmental issues raissd by the application for an operating license.2 Given this alternative we simply cannot in good conscience or within the limits of our capabilities and resources answer the interrogatories at this time. Nor can we guarantee that we will be in a better position to answer them in the future if we are also to be of j ' assistance to this Board by participation in the health and safety hearing.

For reasons repeatedly stated, we do not feel that it is appropriate for this Board to require these intervenors to answer these interrogatories. Despite what the Appeal Board has said, we maintain that the Applicant's interrogatories i were designed primarily to harrass the Intervenors and to limit our ability to Prepare for, and participate in, the hearings. We believe that the ECNP con-  !

tentions which the Board has accepted raise traportant issues which must be j thoroughly examined by an adversary party. fie also believe that we will be of

' far greater aid to this Board in addressing tnere issues than we would be if ,

i our limited resources wem exhausted in an attempt to answer the Applicant's interrogatories. The Appeal Board's decision has in no way increased the ,

I intervenors' resources.

We also mmind this Board that the ECNP Intervenors have been further hampered in their preparations for this proceeding by failure of the Staff +

l; and Applicant to provide requested discovery documents or to update such lj materials over the nearly two years simce ECNP originally requested the l; infomation. ECNP hert mnews its _ request _in.particular that it now be t provided with a copy of the_ complete General Electric Company Report.known as _the Reed Report, which was previously requested in this proceeding and y which has been made availble to intervenors in other NRC proceedings.

I Such a course would involve abandoning even more than preparation for i environmental hearings in this case, since ECNP's obligations to its mem- i i bers throughout Pennsylvania require our particip. +. ion in proceedings related l to other reactors in addition to Susquehanna.

j Respeetfully submitted.

lMWOfr}

Dr. Judith H. Johnsrud Co-Director, ECNP i i

i Dated this /_ / day i j[

of January,1981 i .

CERTIFICATE OF SERVICE l I certify that copies of ECNP INTERVENORS' RESPONSE ON HEALTH AND oceeding SAFETY by deposit INTERROGATORIES in the US Mail, firsthave class, been servedpaid, postage on the parties this /J- in this ,pp' day of January, 1981.

Auda' O. /H?maE Judith H. Joh~nsrud, Co-Director i

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

Washington, D.C. 20555 '

charles Bechhoefer, Esq.

Chairman Atomic Safety and Licensing Board Panel ttman, and Trowbridge U. S. Nuclear Regulatory Commission Washington, D.C. 20555 a g n D.C. 20036 Mr. Glenn O. Bright Atomic Safety and, Licensing

~ Susquehanna Environmental Advocates Board Panel c/o Gerald Schultz, Esquire U. S. Nuclear Regulatory Commission PQst Office Box 1560 Washington, D.C. 20555 Wilkes-Barre, Pennsylvania 18703 Dr. O' scar H. Paris Mrs. Irene Lemanowicz, . Chairperson Atomic Safety and Licensing The Citizens Against Nucl3ar Danger Board Panel Thomas Halligan, Correspondent U. S. Nuclear Regulatory Commission Box S Washington, D.C. 20555 Scranton, Pa. 18501 Atomic Safety and Licensing -

Ms. Colleen Marsh Board Panel 558 A, R. D. 64 U. S. Nuclear Regulatory 00-4ssion Mt. Top, Pennsylvania 18707 l

Washington, D.C. 20555 l

James M. Cutchin, IV, Esq. ,

Office of the .

Executive Legal Director ' '

U. S. Nuclear Regulatory Commission Washington, D.C. 2055,5 Karin W. Carter,,Esq. -

Department of Environmental Resources Commonwealth of Pennsylvania 505 Executive House - '

l Post Office Box 2357 Earrisburg, Pennsylvania 17120 -

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