ML20011A212

Appeal of ASLB 810924 Memorandum & Order,Section 5,granting Applicant Motion for Summary Disposition of Portion of Contention 2 Re Magnitude of Doses from Releases of Radioactive Matl.No Basis to Decision.W/Certificate of Svc

ML20011A212
Person / Time
Site:	Susquehanna
Issue date:	09/30/1981
From:	Halligan T CITIZENS AGAINST NUCLEAR DANGERS
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8110080294
Download: ML20011A212 (2)

Text

.

f'

~

7 epte S ber 30, 19El I UNITED STATES OF A:?ER~CN NUCLEAR'REGULATCRY COIGISSION BEFORE THE ATOMIC' SAFETY & LICENSING A??EAL BOARD IN THE' MATTER OF PENNSYLVANIA POER & LIGHT CO. BERVTICK ATOMIC POER PLAZ ADD SUSQUEEANNA UNITV 1~Tb" ~

ALLEGHE1E ELECTRIC COOPERATIVE ~, INC. DOCKET NOa./N50e3874YK _

i j]- , N CITIZENS AGAINST NUCLEAR DANGERS ~ ' l U}

APPEAL ON CONTENTIONS 2, 6, and 20. OCT 1981 > 8 L[

• , M Q 'y E E " ,s The Citizens hereby appeal the decision of the ASL 3'#morandu: 09 7

cnd Order on Perding Motions, dated September 24, 1981, se i}ifj which states " Motions filed by the applicant for su=ca ry dispositicn of that part of ... Contention 2 relatin6 to the magnitude of the doses rlsultin6 f rom releases of radioactive materials f rom the Suso.vehanna plant are approved." The Citizens move the Appeal Board to reverse this arbitrary decision because it is unfair and unjust. The ASLE did not cite any reasons why it allowed sutaary disposition and thus the Citizens cannot at the outset of this appeal respond categorically to the ASL3 decision. This is, in fact, a denial of due process!

'Ebe present chairman, unlike his predecessor, has made a pra ctice of 'this discrimatory action in recent orders. Brevity is no substitute for factual explanations based on the principle of fairness and clarity.

The ASLE stated merely that "There is no issue of a material fact to b3 heard with respect to the contention." That statement is simply not true! The record will show othe rwise.

The Appeal Board is petitioned to review this entire issue and ord'.r the ASD3 to reconsider their misguided decision, preferably at o-the public hearin6s whereat all parties can participate. @ O

'? os h - o S9 90\ t >cr SmqA n- .

De~

8110080294 810930 PDR ADOCK 05000387 [ ,./ 4 9 PDR

'<."[,(,{?/0

< t

4 g j6 .

. .e*- ,

The Citizens also hereby appeal the ASLB decision of September 2Lth, Sbetion 3, to wit: - " No justification has been demonstrated for the necessitylof...the deferral af consideration of Contentions 6 and 20."

The Citizens have just learned that the Commonwealth has not received, tnd therefore cannot produce, the emer5ency plans for at least eight political subdivisions within the ten mile radius of Berwick. We

.b311 eve.that the reasons for thic and/or the objections from those commanitie s 'should be made part of ~ the record in this proceeding prior to any. testimony on Contention 6 and 20. The existing incomplete state l lcnd' county ~ plans make it impossible to locally evaluate the overall 6ffectiveness of an evacuation plan, drill, or whatever, and therefore, a deferral till next Spring is justified. The Apueal Board is pstitioned to so order.

An incomplete plan, esoecially when some communitie s refuse to

. cooperate, makes-it an unworkable plan that will jeopardize the health and' safety of all citizens in tne affec ,ed areas. Certainly no public hearin5s should be prematurely held on what presently amounts to a hodge-Jod Ee of draft studies for an emer6ency evacuation plan, but l

not the final completed plan itself.

Respectfully submitted l .

A+W M AWs SDptember 30,. 2981 Correspondentf f CERTIFICATE OF SEPMICE I hereby certify that copies of Citizens Against Nuclear _ Dancers LApneal On Contentions 2, 6, and 20.have been served on all parties '

.to this p,roceedin6 by deposit in the U.S. mail, first class,) ,

hrs 30th day of September,1981. y  ;

_ p 'Q

,..y ,

f CCT 5\ %s:s " :$1

. pe# gl

\ //