ML20028E977

Statement of Position on Issues Accepted for Review.Both Commission Questions in 821223 Order Should Be Affirmatively Answered.Certificate of Svc Encl

ML20028E977
Person / Time
Site:	Catawba
Issue date:	01/24/1983
From:	Guild R GUILD, R., PALMETTO ALLIANCE
To:
References
NUDOCS 8301280314
Download: ML20028E977 (4)

Text

o .

000iETED I

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

DUKE POWER COMPANY, ET AL. ) oc Q N,o g 7

) GIANbH (Catawba Nuclear Station, ) January 24, 1983 Units 1 and 2) )

PALMETTO ALLIANCE STATEMENT OF POSITION ON ISSUES ACCEPTED FOR REVIEW Palmetto Alliance, Intervenor below, respectfully urges the Commission to resolve both issues accepted for review, in its Order of December 23, 1982, by answering the cuestions posed in the affirm &tive.

We endorse the following conclusions reached by the Atomic Safety and Licensing Appeal Board in Duke Power Company, Et A1., (Catawba Nuclear Station, Units 1 and 2) ALABef87 (August 19, 1982):

First, j .... a petitioner can scarcely be expected to forecast the content of documents that it has I

l not examined and cannot examine because they have not yet surfaced. In short, in order to put forth a specific contention respecting, for example, tre adecuacy of an environmental impact-statement cr an eneroency plan, one must have had the opportunity to examine the statement or plan. Indeed, without that opportunity, it is not possible for a petitioner even to determine whether there is warrant for a contention on the subject -- ie., whether the impact statement or emergency plaii is open to a claim of insuffi-ciency or some colorable ground.

I I_ d . , Slip op at pp. ]3-14.

^

8301200314 830124

, PDR ADOCK 05000413 G PDR

I

\

Second, Where, however, the nonexistence or public unavailability of relevant documents made it impossible for a sufficiently specific conten-tion to have been asserted at an earlier date, that factor (good cause, if any, for failure to file on time) must be deemed controlling; it is not amenable to being overridden by other factors such as that relating to the broadening of the issues. As scarcely requires further ex-tended discussion, any different result would countenance placing the petitioner in a classic

" catch-22" situation -- which, once again, the statute forbids and our regulations cannot be thought to have authorized.

Id., Slip op. at pp. 17-18.

Pursuant to 10CFR Section 2.763 Palmetto Alliance requests an opportunity to be heard in oral argunents in support of its position on these issues.

9 .

January 24, 1983 FobertGuil\d/

P.O. Box 12097 Charleston, South Carolina 29412 Attorney for Palmetto Alliance (2)

=

o .

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) Docket Nos. 50-413 DUKE POWER COMPANY, ET AL. ) 50-414

)

(Catawba Nuclear Station, ) January 24, 1983 Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of PALMETTO ALLIANCE STATE-MENT OF POSITION ON ISSUES ACCEPTED FOR REVIEW in the above captioned matters, have been served upon the following by de-positing same in the United States mail, postage prepaid, on this 24th day of January, 1983.

Nunzio J. Palladino, Chairman Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, DC 20555 Board Panel Commissioner Victor Gilinsky o n U.S. Nuclear Regulatory Commission Washington, D.C. 20555 20555 Washington, DC e rge . ns n, sq.

Commissioner John F. Ahearne Office of the Executive Legal U.S. Nuclear Reaulatory Commission Washington, DC 20555 U elar Regulatory Comm.

asMngton, DC 20555 Commissioner Thomas M.' Roberts U.S. Nuclear Regulatory Commission William L. Porter, Esq.

20555 Washington, DC Albert V. Carr, Jr. Esq.

en . , sq.

Commissioner James K. Asselstine "

U.S. Nuclear Regulatory Commission 33 Washington, DC 20555 Charlotte, NC 28242 James L. Kelley, Chairman Richard P. Wilson, Esq.

Atomic Safety and Licensing Board Panel Assistant Attorney General U.S. Nuclear Regulatory Commission State of South Carolina Wachington, DC 20555 P.O. Box 11549 Dr. A. Dixon Callihan Union Carbide Corporation Chairman A m Sa e y and Mcensing Oa R dge Tennessee 37830 Appeal Board

• * **# '9

• Dr. Richard R. Foster Commission Box 4263 Washington, DC 20555 97701

Henry A. Presler Charlotte-Mecklenburg Environmental Coalition 943 Henley Place I Charlotte, NC 28207 J. Michael McGarry, III, Esq.

Debevoise & Liberman 1200 Seventeenth St., N.W.

Washington, DC 20036 Jesse L. Riley 854 Henley Place Charlotte, NC 28207 Scott Stucky Docketing and Service Station U.S. Nuclear Regulatory Commission Washington, DC 20555 t

$(/

f '

4 DONE This 24th day Robertbuild h Attorney for Palmetto Alliance of January. 1983.

-- ___.__ __ _ _