ML20010B404

Motion for Summary Disposition of Contention 1 Re Rn-222. Issue Should Not Be Relitigated Under Accepted Principles of Collateral Estoppel & Stare Decisis.No Genuine Issue to Be Heard

ML20010B404
Person / Time
Site:	Susquehanna
Issue date:	08/07/1981
From:	Silberg J ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20010B398	List: ML20010B397 ML20010B404 ML20010B409 ML20010B416
References
NUDOCS 8108140445
Download: ML20010B404 (2)

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August 7, 1981 ~

UNITED FTATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD J.n the Matter of )

> )

PENNSYLVANIA POWER & LIGHT COMPANY )

) Docket Nos. 50-387 and ) 50-388

)

ALLEGHENY ELECTRIC COOPERATIVE, INC. )

)

(Susquehanna Steam Electric Station, )

Units 1 and 2) )

APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION 1 (RADON),

Pennsylvania Power & Light Company and Allegheny Electric Cooperative, Inc. (" Applicants") move the Atomic Safety and Licensing Board, pursuant to S 2.749 of the Commission's Rules of Practice (10 C.F.R. S 2.749) and the Special Prehearing Conference Order of March 6, 1979, LBP-79-6, 9 NRC 291, 328, for summary disposition

-in Applicants' favor of that portion of Contention 1 in this pro-ceeding that questions the quantities of radon-222 which will be released during the fuel cycle required for the Susquehanna facility, and the radiological health effects of those radon releases. As grounds for their Motion, Applicants allege that there,is no genuine iusue of material fact to be' heard with respect to the radon-222 aspect of Contention 1 and that Applicants are entitled to a de-l cision in their favor on it as a matter of law.

l This Motion is supported by the Applicants' Statement Of Material Facts As To Which There Is No Genuine Issue To Be Heard ~

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(Contention 1 (Radon)) , Applicants ' Memorandum in Support of Motion, and the Affidavit of Morten I. Goldman, all filed simultaneously herewith, together with all pleadings and other papers in this proceeding. As discussed in the Memorandum the factual matters relating to the quantities of rader.-222 releases attributable to the Susquehanna facility have been adjudicated by the Atomic Safety and Licensing Appeal Boards in the consolidated radon proceeding, Philadelphia Electric Company, et al. (Peach Bottom Atomic Power Station, Units 2 and 3), ALAB-640 (May 13, 19 81) , and should not be relitigated in this proceeding under the accepted principles of collateral estoppel and stare decisis.

As set forth in the March 6, 1979, Special Prehearing Conference Order, supra, 9 NRC at 328, responses to this Motion are due three weeks from its filing date.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 4% / s1_ V Jay ISil Mati F. berg'Travieso-Diazj}

Counsel for Applicants .

1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1000 Dated: August 7, 1981 l