ML20024E347
| ML20024E347 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 08/05/1983 |
| From: | Guild R PALMETTO ALLIANCE |
| To: | |
| Shared Package | |
| ML20024E345 | List: |
| References | |
| NUDOCS 8308100267 | |
| Download: ML20024E347 (6) | |
Text
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.a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
EEEQEE_ISE_8IgMIC_SSEgly_8NQ_61CENglyG_@Q989 4
In the Matter of
)
)
Docket Nos.
50-413 DUKE POWER COMPANY, et_alu )
50-414
)
(Catawba Nuclear Station,
)
Units 1 and 2)
)
BEEIDB21I_9E_C99NSE6_EQB_E86dEIIg_@6618NCE I,
Robert G(t i l d, being duly sworn do depose and say:
1.
That I am counse l to Palmetto Alliance, an intervenor in the above captioned matter; and that I make this statement pursuant to the provisions of 10 CFR Section 2.749 (c) for the purpose of shting reasons why facts which I believe are essential a
r 8308100267 930805 PDR ADOCK 05000413
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to Justify the opposition of this party to pending motions for summary disposition cannot be presented by affidavit.
2.
That in support of motions for summa,ry disposition of Palmetto Alliance Contention No. 16 NRC Staff presents two afffidavits of its own employees:
Amarait Singh and Kahtan N.
Jabbour; in support of its motion for summary, disposition of Palmetto Alliance Contention No. 16 Applicants, Duke Power Company, et.
al.,
present the affidavits of three of their own employees:
A.
L.
Snow, Michael S.
Tuckman, and Michael C.
Green.
In support of its motion for summary disposition of DES Contention 19 the NRC Staff presents the Joint affidavit of three more of its cwn employees:
Jacques S.
BoeD11, Edward F.
Branagan Jr.,
and Richard John Serbu; and finally, in support of its motion for summary disposition of DES Contention 19 applicants, Duke power Company, et.
al.,
present the affidavit of their employee A.
L.
Snow.
Palmetto Alliance is a largely volunteer not for profit membership organization employing only two full i
time staff persons:
Micheal Lowe, director, and Donna Ahlers, office assistant.
Palmetto Alliance employs no persons competent to testify either from personal knowledge or on the basis of expert opinion to the matters addressed in the affidavits of the employees of the NRC or Duke power Company.
3.
That by their affidavits presented in support of their motion for summary disposition of Contentions 16 and DES 19 applicants and NRC Staff present for the first time significant new factual matters not earlier made known to Palmetto Alliance,
- 2. -
includinD particularly the detailed " general outline" of spent fuel handling procedures presented for the first time in the affidavit of Micheal S.
Tuckman which differ i,n many significant and material respects (and contradict in a number of particulars) sworn knowledge of such procedures as testified to deposition of May 12, 1983.
See, Tuckman affidavit at Page 7; and, the new and detailed environmental analysis of the consequences of routine operation of the Catawba spent fuel storage facility under Duke's cascade plan presented in the sixteen page joint affidavit of Messrs. Boegli, Branagan and Serbu.
This affidavit is apparently intende:1 to suppkhe "more detailed exposition,"
Id at p, 15, which e'en the applicants appear to s
acknowledge is absent from the agency's published Environmental Statements, notinD that:
"That the FES does not contain voluminus reference to this matter does not render its treatment deficient."
Applicants motion for summary disposition of DES Contention 19 at p.
8.
I am of the opinion that in order to present by affidavit facts essential to Justify the opposition of Palmetto Alliance to matters presented in the affidavits supporting staff and applicants Motions for Summary Disposition on Contentions 16 and DES 19, Palmetto Alliance requires the assistance of persons not readily available to it either as employees or members in order to analyze the affidavits presented in support of these motions and to present such essential facts in support of palmetto Alliance's opposit ion.
4.
That on behalf of Palmetto Alliance I have obtained the 3_
agreement by two such persons who have agreed to assist Palmetto Alliance in performing such analysis of NRC staff and applicants affidavits and where appropiate, to present su,ch essential facts and opinion evidence in support of Palmetto Alliance's opposition by way of affidavit.
Dr. Marvin Resnikoff and Mr. Lindsay Andin have agreed to perform such analysis.
Dr. Resnikoff has been the Project Director of the Nuclear Waste Transportation and Storage Project of the Council on Economic Priorities.
He received a Ph.D. in High Energy Theoretical Physics from the University of MichiDan in 1965.
He has been a technical consultant on nuclear waste matteru to the New York and Illinois Attorney General the state of lower Saxony, Wect Germany, and numerous environmental organizations.
Since 1974 he has testified on numerous occasions before the U.
S. ConDress and State Legislatures on nuclear fuel reprocessing, waste management and transportation.
Previous to
- his work at the Council, he taught at Rachel Carson College in the Department of Physics at the State University of New York at Buffalo.
Mr. Audin has been a consultant to the Nuclear Waste Transport and Gtorage Project of the Council on Economic Priorities.
He graduated from Rensselaer Polytechnic Inst i t ut e, in the Aeronautical Engineering Program in 1970.
He has been and engineer at Goldman, Sokolow & Copeland, specializing in energy studies.
Mr. Audin served a consultant for the New York Attorney General on the transportation of the radiated fuel through New York City'and has researched nuclear waste transportation and storage issues since 1975.
Dr. Resnikoff and Mr. Audin have l
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recently published "The Next Nuclear Gamble, Transportation and Storage of Nuclear Waste (1983).
5.
That I am informed and believe D,r.
Resnikoff and Mr.
Audin are competent to testify to the matters stated in the affidavits cubmitted by the NRC staff and applicants; and that the presiding officer should, therefore, refuse these applications for summary decision or order a continuance to permit affidavits to be obtained by Palmetto Alliance from these persons.
t Robert Guild Subscribed and cworn to beforn me this' N day of August 1983.
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Notary public n 3,
- A JUNE 13,1993'MY COMMISSION EXPIRES 4
UNITED STATES OF AMERICA.
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSKWr? BOARD usNRC In the matter of
)
Docket Nos. 50-413
)
50-414 DUKE POWER COMPANY, et al.
)
13 AIE -9 M1 :59
)
(Catawba Nuclear Station,
)
0FFkETPNuitu 5, 1983 Units 1 and 2)
)
00CKE. TING & SEFw 3 RANCH CERTIFICATE OF SERVICE I hereby certify that copies of PALMETTO ALLIANCE ANSWER TO NRC STAFF AND APPLICANT'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTIONS 16, DES-19, AND 44, in the above captioned matters, have been served upon the follow-ing by depositing same in the United States mail, postage prepaid, on this[pth day of August 1983) OG>30 4M.
James L. Kelley, Chairman Chairman Atcmic Safety and Licensing Board Panel Atanic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Caamission U.S. Nuclear Reculatory Ccmnission Washington, D.C.
20555 Washington, D.C.
20555 Dr. A. Dixon Callihan Henry A. Presler Union Carbide Corporation Charlotte-Mecklenburg Environmental Coal P.O. Box Y 943 Henley Place
-Oak Ridge, Tennessee 37830 Charlotte, N.C.
28207 Dr.Richardk. Foster J. Michael McGarry, III, Esc.
P.O. Box 4263 Debevoise & Liberman Sunriver, Oregon 97701 1200 Seventeenth St., N.W.
Washington, D.C.
20036 2
Chairman Atanic Safety and Licensing Board Panel Jesse L. Riley U.S. Nuclear Regulatory Camtission 854 Henley Place Washington, D.C.
20555 Charlotte, N.C.
28207 George E. Johnson, Esc.
Scott Stucky Office of the Executive Lecal Director Docketing and Service Station U.S. Nuclear Regulatory Ccrmission U.S. Nuclear Regulatory Ccmrission Washington, D.C.
20555 Washington, D.C.
20555 William L. Porter, Esc.
Carole F. Kagan, Atty.
Albert V. Carr, Jr., Esq.
Atanic Safety and Licensing Board Panel Ellen T. Ruff, Esq.
U.S. Nuclear Regulatory Carmission
,y Duke Power Carpmy Washington, D.C.
20555 P.O. Box 33189
,n}
Charlotte, N.C.
28242
- ,.i Richard P. Wilson, Esq.
Assistant Attorney Cencral
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State of South Carolina h[d(y: A-
- Columbia, S.C.
29211 Attorney for Palmetto Aliiance, Inc.
RobebtGuil P.O. Box 11549 I'
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