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Category:INTERVENTION PETITIONS
MONTHYEARML20095L2141984-08-27027 August 1984 Response to Concerned Citizens of Louisa County,Va (Cclc) Revised Contention 4 Re Physical Protection Sys for Spent Fuel Shipments.Protective Order Necessary for Cclc Access. Certificate of Svc Encl ML20094L7861984-08-14014 August 1984 Response to 840730 Third Draft of Contentions of Concerned Citizens of Louisa County.All But Contention 4 Should Be Denied.Certificate of Svc Encl ML20064N8311983-02-0909 February 1983 Reply to Util & NRC Responses to Louisa County,Va Contentions.Arguments That Consequences of Spent Fuel Transportation from Surry to North Anna Beyond Scope of Hearing Exalt Form Over Substance.Certificate of Svc Encl ML20028G2181983-02-0101 February 1983 Response Opposing Concerned Citizens of Louisa,Va Contentions.Contentions Untimely & No Good Cause Shown. Contentions 1 & 4 Should Be Deferred & Contentions 2,3 & 5 Denied.Certificate of Svc Encl ML20028G2041983-02-0101 February 1983 Response Opposing Concerned Citizens of Louisa County,Va Contentions.Contentions Untimely & No Good Cause Shown. Contention 1 Re NEPA Requirements & Contention 2 Re Dry Cask Alternative Should Be Deferred.Certificate of Svc Encl ML20028G2121983-02-0101 February 1983 Response to Louisa County,Va Contentions.Contentions I, IIIB2,VB,VD,VF,VG,VH(4),VI & VJ(3) Should Be Rejected & Contentions 2,IIIA,IIIB1,VA,VC,VE,VH(1 - 3) & VJ(1,2 & 4) Should Be Deferred.Certificate of Svc Encl ML20028G2291983-02-0101 February 1983 Response to Louisa County,Va Contentions.Contentions I,Iiic, IVB,IVD,IVF,IVG,IVI(4),IVJ,IVK(3),VA,VC & VI Should Be Denied & Contentions 2,IIIA,IIIB,IIID1,IIIE,IVA,IVC,IVE,IVH, IVI(1 - 3),IVK(1,2 & 4) & VB Deferred.W/Certificate of Svc ML20028E1411983-01-19019 January 1983 Revised Contentions,Superseding Contentions in 821022 Petition to Intervene.Certificate of Svc Encl ML20028E1321983-01-19019 January 1983 Revised Contentions,Superseding Contentions in 821022 Petition to Intervene.Certificate of Svc Encl ML20028E1601983-01-17017 January 1983 Contentions Re Proposed License Amend to Expand Spent Fuel Pool Capacity.Certificate of Svc Encl ML20028E1531983-01-17017 January 1983 Contentions Re Proposed License Amend to Permit Receipt & Storage of 500 Spent Fuel Assemblies from Surry 1 & 2 in North Anna Spent Fuel Pool.Certificate of Svc Encl ML20027D3811982-11-0202 November 1982 Answer to Concerned Citizens of Louisa County 821022 Petition to Intervene.Adequate Interest Established. Applicants Will Respond to Contentions When Filed. Certificate of Svc Encl ML20027D3781982-11-0202 November 1982 Answer to Concerned Citizens of Louisa County 821022 Petition to Intervene.Adequate Interest Established. Applicants Will Respond to Contentions When Filed. Certificate of Svc Encl ML20027D3771982-11-0202 November 1982 Answer to Louisa County,Va & Board of Supervisors of Louisa County 821022 Petition to Intervene.Adequate Interest Established.Applicants Will Respond to Contentions When Filed & Do Not Object to Consolidation.W/Certificate of Svc ML20027D3751982-11-0202 November 1982 Answer to Louisa County,Va & Board of Supervisors of Louisa County 821022 Petition to Intervene.Adequate Interest Established.Applicants Will Respond to Contentions When Filed & Do Not Object to Consolidation.W/Certificate of Svc ML20065P8851982-10-22022 October 1982 Petition to Intervene of County of Louisa,Va & Board of Supervisors of County of Louisa,Va Re Proposed License Amend to Expand Fuel Storage Capacity.Certificate of Svc Encl ML20065P8621982-10-22022 October 1982 Petition of County of Louisa,Va & Board of Supervisors of County of Louisa,Va to Intervene Re Proposed License Amend to Permit Receipt & Storage of 500 Spent Fuel Assemblies from Surry.Certificate of Svc Encl ML20065P8411982-10-22022 October 1982 Petition of Concerned Citizens of Louisa County for Leave to Intervene & Request for Hearing Re Proposed License Amend Authorizing Increase in Capacity of Spent Fuel Pool.Notice of Appearance & Certificate of Svc Encl ML20065P8131982-10-22022 October 1982 Petition of Concerned Citizens of Louisa County for Leave to Intervene & Request for Hearing Re Proposed License Amend to Authorize Receipt & Storage of Surry Spent Reactor Fuel at North Anna.Certificate of Svc Encl 1984-08-27
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20095L2141984-08-27027 August 1984 Response to Concerned Citizens of Louisa County,Va (Cclc) Revised Contention 4 Re Physical Protection Sys for Spent Fuel Shipments.Protective Order Necessary for Cclc Access. Certificate of Svc Encl ML20094L7861984-08-14014 August 1984 Response to 840730 Third Draft of Contentions of Concerned Citizens of Louisa County.All But Contention 4 Should Be Denied.Certificate of Svc Encl ML20064N8311983-02-0909 February 1983 Reply to Util & NRC Responses to Louisa County,Va Contentions.Arguments That Consequences of Spent Fuel Transportation from Surry to North Anna Beyond Scope of Hearing Exalt Form Over Substance.Certificate of Svc Encl ML20028G2181983-02-0101 February 1983 Response Opposing Concerned Citizens of Louisa,Va Contentions.Contentions Untimely & No Good Cause Shown. Contentions 1 & 4 Should Be Deferred & Contentions 2,3 & 5 Denied.Certificate of Svc Encl ML20028G2041983-02-0101 February 1983 Response Opposing Concerned Citizens of Louisa County,Va Contentions.Contentions Untimely & No Good Cause Shown. Contention 1 Re NEPA Requirements & Contention 2 Re Dry Cask Alternative Should Be Deferred.Certificate of Svc Encl ML20028G2121983-02-0101 February 1983 Response to Louisa County,Va Contentions.Contentions I, IIIB2,VB,VD,VF,VG,VH(4),VI & VJ(3) Should Be Rejected & Contentions 2,IIIA,IIIB1,VA,VC,VE,VH(1 - 3) & VJ(1,2 & 4) Should Be Deferred.Certificate of Svc Encl ML20028G2291983-02-0101 February 1983 Response to Louisa County,Va Contentions.Contentions I,Iiic, IVB,IVD,IVF,IVG,IVI(4),IVJ,IVK(3),VA,VC & VI Should Be Denied & Contentions 2,IIIA,IIIB,IIID1,IIIE,IVA,IVC,IVE,IVH, IVI(1 - 3),IVK(1,2 & 4) & VB Deferred.W/Certificate of Svc ML20028E1411983-01-19019 January 1983 Revised Contentions,Superseding Contentions in 821022 Petition to Intervene.Certificate of Svc Encl ML20028E1321983-01-19019 January 1983 Revised Contentions,Superseding Contentions in 821022 Petition to Intervene.Certificate of Svc Encl ML20028E1601983-01-17017 January 1983 Contentions Re Proposed License Amend to Expand Spent Fuel Pool Capacity.Certificate of Svc Encl ML20028E1531983-01-17017 January 1983 Contentions Re Proposed License Amend to Permit Receipt & Storage of 500 Spent Fuel Assemblies from Surry 1 & 2 in North Anna Spent Fuel Pool.Certificate of Svc Encl ML20027D3811982-11-0202 November 1982 Answer to Concerned Citizens of Louisa County 821022 Petition to Intervene.Adequate Interest Established. Applicants Will Respond to Contentions When Filed. Certificate of Svc Encl ML20027D3781982-11-0202 November 1982 Answer to Concerned Citizens of Louisa County 821022 Petition to Intervene.Adequate Interest Established. Applicants Will Respond to Contentions When Filed. Certificate of Svc Encl ML20027D3771982-11-0202 November 1982 Answer to Louisa County,Va & Board of Supervisors of Louisa County 821022 Petition to Intervene.Adequate Interest Established.Applicants Will Respond to Contentions When Filed & Do Not Object to Consolidation.W/Certificate of Svc ML20027D3751982-11-0202 November 1982 Answer to Louisa County,Va & Board of Supervisors of Louisa County 821022 Petition to Intervene.Adequate Interest Established.Applicants Will Respond to Contentions When Filed & Do Not Object to Consolidation.W/Certificate of Svc ML20065P8851982-10-22022 October 1982 Petition to Intervene of County of Louisa,Va & Board of Supervisors of County of Louisa,Va Re Proposed License Amend to Expand Fuel Storage Capacity.Certificate of Svc Encl ML20065P8621982-10-22022 October 1982 Petition of County of Louisa,Va & Board of Supervisors of County of Louisa,Va to Intervene Re Proposed License Amend to Permit Receipt & Storage of 500 Spent Fuel Assemblies from Surry.Certificate of Svc Encl ML20065P8411982-10-22022 October 1982 Petition of Concerned Citizens of Louisa County for Leave to Intervene & Request for Hearing Re Proposed License Amend Authorizing Increase in Capacity of Spent Fuel Pool.Notice of Appearance & Certificate of Svc Encl ML20065P8131982-10-22022 October 1982 Petition of Concerned Citizens of Louisa County for Leave to Intervene & Request for Hearing Re Proposed License Amend to Authorize Receipt & Storage of Surry Spent Reactor Fuel at North Anna.Certificate of Svc Encl 1984-08-27
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20148M6511997-06-18018 June 1997 Comment Opposing Proposed Suppl to Bulletin 96-001 That Would Request Licensees to Take Action to Ensure Continued Operability of Control Rods L-95-045, Comment on Proposed Rules 10CFR2,50 & 51 Re Decommissioning of Nuclear Power Reactors1995-10-19019 October 1995 Comment on Proposed Rules 10CFR2,50 & 51 Re Decommissioning of Nuclear Power Reactors ML20080M1121995-02-27027 February 1995 Comment Re Proposed Suppl 5 to GL 88-20 IPEEE for Severe Accident Vulnerabilities. Proposed GL Suppl Should Indicate That Licensees Can Use Llnl Hazard Results of NUREG-1488 Re Revised Hazard Estimates Instead of NUREG/CR-5250 ML20073M0751994-09-23023 September 1994 Comment on Proposed Rules 10CFR30,40,70 & 72 Re Clarification of Decommissioning Funding Requirements. Permitting Access to Funds Only on Semiannual Basis Seems Unnecessarily Restrictive ML20069L5291994-06-13013 June 1994 Comment Supporting Proposed Rulemaking 50-60 Re Petition for Rulemaking & Changes to 10CFR50.54 ML20029D8251994-04-29029 April 1994 Comment Supporting Elimination of Proposed 5-yr Implementation Schedule & Believes That Current Programs Adequate to Maintain Containment Integrity ML20044G1971993-05-24024 May 1993 Comment Supporting Draft Insp Procedure Re Commercial Grade Procurement & Dedication ML20044E5721993-05-19019 May 1993 Comment Supporting Proposed Generic Ltr for Relocation of TS Tables on Instrument Response Time Limits ML20044D3271993-05-0707 May 1993 Comment Opposing Proposed GL Availability & Adequacy of Design Bases Info ML20125B6141992-12-0303 December 1992 Exemption from Requirements of 10CFR50,app a Re GDC-2 & 10CFR50.49 Re Environ Qualification of Electric Equipment Important to Safety for Nuclear Power Plants ML20095J6881992-04-23023 April 1992 Comment Opposing Draft Reg Guide DG-1022, Emergency Planning & Preparedness for Nuclear Power Plants ML20077R5161991-08-14014 August 1991 Comment Supporting Petition for Rulemaking PRM-20-20 Re Reduced Total Effective Dose Equivalent to Individual Members of Public from 0.5 Rem (5 Msv) to 0.1 Rem (1 Msv) ML20235N8531989-02-14014 February 1989 Comment Supporting Chapter 1 Re Policy Statement on Exemptions Below Regulatory Concern.Policy Development for Criteria for Release of Radioactive Matl Needed for Development of Consistent Waste Mgt Practices ML20235P3311989-02-0808 February 1989 Comment Opposing Proposed Rules 10CFR50 & 55 Re Educ & Experience Requirements for Senior Reactor Operators & Supervisors at Nuclear Power Plants ML20236P5851987-11-0909 November 1987 Transcript of 871109 Briefing in Washington,Dc Re Facility Steam Generator Tube Rupture Event.Pp 1-56.Supporting Documentation Encl ML20138N5311985-11-0101 November 1985 Memorandum & Order Affirming ASLB 850903 Initial Decision Authorizing Director of NRR to Issue License Amend for North Anna to Permit Receipt & Storage of 500 Spent Fuel Assemblies from Surry Power Station.Served on 851101 ML20133K7171985-10-18018 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20133K6801985-10-18018 October 1985 Forwards Notice of Withdrawal of Appearance in Proceeding. Requests Svc List Be Revised to Include Client Under Listed Address.W/O Encl ML20133F4241985-10-0909 October 1985 Order Stating That ASLB 850903 Initial Decision Authorizing NRR to Amend OL to Permit Receipt & Storage of Spent Fuel Should Not Be Deemed Final,Pending Further Order. Served on 851009 ML20138A9521985-10-0909 October 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20134N6981985-09-0303 September 1985 Initial Decision LBP-85-34 Authorizing NRR to Issue Amends to Licenses NPF-4 & NPF-7 to Permit Receipt & Storage of 500 Spent Fuel Assemblies from Surry.Initial Decision Effective Immediately.Served on 850904 ML20134N4381985-09-0303 September 1985 Order Granting Licensee 850621 Request to Correct Transcript.Proposed Transcript Corrections & Certificate of Svc Encl.Served on 850904 ML20129K1251985-07-18018 July 1985 Brief in Support of NRC 850718 Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision Authorizing Issuance of Amend to Licenses NPF-4 & NPF-7 to Permit Receipt & Storage of 500 Spent Fuel Assemblies ML20129K1281985-07-18018 July 1985 Proposed Findings of Fact & Conclusions of Law in Form of Initial Decision Authorizing NRR to Issue Amend to Licenses NPF-4 & NPF-7 to Permit Receipt & Storage of 500 Spent Fuel Assemblies ML20129F8231985-07-12012 July 1985 Reply Opposing Concerned Citizens of Louisa County post- Hearing Brief.Licensee Proposed Findings of Sabotage & Human Error Not Addressed.Challenge of NRC EIS Conclusion Unnecessary.Certificate of Svc Encl ML20209F0021985-07-0808 July 1985 Post-hearing Brief Re Issues Raised at ASLB 850521 & 22 Evidentiary Hearings.Nrc Required by NEPA to Evaluate Alternative of Constructing & Operating Dry Cask Storage Facility,But Failed to Perform Even Cursory Review ML20209F2041985-07-0808 July 1985 Proposed Findings of Fact & Conclusions of Law Re Application for Amend to Ol,Authorizing Licensee to Ship 500 Spent Nuclear Fuel Assemblies from Surry Power Station to North Anna Station.Certificate of Svc Encl ML20128H0791985-07-0808 July 1985 Order Granting Concerned Citizens of Louisa County 850627 Motion for 7-day Extension Until 850708 to File Proposed Findings of Fact & Conclusions of Law.Served on 850708 ML20128G9471985-06-27027 June 1985 Motion for Extension of 850701 Deadline to File Proposed Findings of Fact & Conclusions of Law.Addl Wk Required Due to Addl Legal Duties.Certificate of Svc Encl ML20127F0511985-06-21021 June 1985 Proposed Findings of Fact & Conclusions of Law Re Util 820713 Application to Amend Ol,Authorizing Receipt & Storage of Up to 500 Spent Nuclear Fuel Assemblies.Unsigned,Undated Order & Certificate of Svc Encl ML20127F0451985-06-21021 June 1985 Post-hearing Brief Requesting Board Find in Util Favor Re Proposed OL Amend Authorizing Receipt & Storage of Up to 500 Spent Nuclear Fuel Assemblies.No Basis from Sabotage or Human Error Considerations for Denying Proposed Amend ML20128A7731985-05-22022 May 1985 Transcript of 850522 Hearing in Charlottesville,Va.Pp 313-364.Supporting Documentation Encl ML20125C4081985-05-21021 May 1985 Applicant Exhibit A-H-11,consisting of Undated,Untitled Photograph H ML20125C3601985-05-21021 May 1985 Applicant Exhibit A-B-5,consisting of Undated,Untitled Photograph B ML20125C4221985-05-21021 May 1985 Applicant Exhibit A-J-13,consisting of Undated,Untitled Photograph J ML20125C3471985-05-21021 May 1985 Applicant Exhibit A-3,consisting of SAND82-2365, Assessment of Safety of Spent Fuel Transportation in Urban Environs, Dtd June 1983 ML20125C4301985-05-21021 May 1985 Applicant Exhibit A-K-14,consisting of Undated,Untitled Photograph K ML20125C3941985-05-21021 May 1985 Applicant Exhibit A-F-9,consisting of Undated,Untitled Photograph F ML20125C4361985-05-21021 May 1985 Applicant Exhibit A-L-15,consisting of Undated,Untitled Photograph L ML20125C3101985-05-21021 May 1985 Staff Exhibit S-1,consisting of Undated Environ Assessment & Finding of Proposed No Significant Impact Re 820713 & 0820 Applications for Amends to Licenses DPR-32,DPR-37,NPF-4 & NPF-7,allowing Receipt & Increased Storage of Spent Fuel ML20125C3411985-05-21021 May 1985 Applicant Exhibit A-2,consisting of 830915 Procedure 1-OP-4.19, Receipt & Storage of Spent Fuel TN-8L Shipping Cask Unloading & Handling Procedures ML20125C3291985-05-21021 May 1985 Staff Exhibit S-3,consisting of Forwarding NMSS Apr 1985 Environ Assessment Re 821008 Application for Authority to Construct & Operate Dry Cask ISFSI at Surry Power Station ML20125C4001985-05-21021 May 1985 Applicant Exhibit A-G-10,consisting of Undated,Untitled Photograph G ML20125C3381985-05-21021 May 1985 Applicant Exhibit A-1,consisting of 831104 Procedure OP-4.3, Shipping of Spent Fuel TN-8L Shipping Cask Loading & Handling Procedures, for Surry Power Station ML20125C3711985-05-21021 May 1985 Applicant Exhibit A-C-6,consisting of Undated,Untitled Photograph C ML20125C3791985-05-21021 May 1985 Applicant Exhibit A-D-7,consisting of Undated,Untitled Photograph D ML20125C3821985-05-21021 May 1985 Applicant Exhibit A-E-8,consisting of Undated,Untitled Photograph E ML20125C3501985-05-21021 May 1985 Applicant Exhibit A-A-4,consisting of Undated,Untitled Photograph a ML20125C3191985-05-21021 May 1985 Staff Exhibit S-2,consisting of Undated Safety Evaluation Re Increasing Spent Fuel Storage Capacity.Proposed Mods to Spent Fuel Pool & Transshipment/Storage of Spent Fuel Acceptable ML20125C4131985-05-21021 May 1985 Applicant Exhibit A-I-12,consisting of Undated,Untitled Photograph I 1997-06-18
[Table view] |
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__ m 00CMETED unc Febtyytrgpl.,4l?M32 UNITE 8 STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
) Docket Nos. 50-338/339-OLA-2 VIRGINIA ELECTRIC AND )
POWER COMPANY )
(North Anna Power Station, Units 1 and 2)
APPLICANT'S RESPONSE TO CITIZENS' REVISED CONTENTIONS I.
Introduction Virginia Electric and Power Company (the Applicant) files this Response to Contentions of Intervenor Concerned Citizens of Louisa, Virginia. We will first emphasize e
precis'ly what the Applicant requests authorization to do, both in this proceeding and in proceeding OLA-1, because careful attention to the scope of each proposal is necessary in order to evaluate some of the contentions made by Concerned Citizens of Louisa County (CCLC). We will then discuss briefly the treatment of untimely statements of conteations and some of the guidelines customarily applied to determine whether particular conter.dions are admissible.
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A. The Application In this proceeding, the Applicant seeks amendments under 10 CFR Part 50 to its North Anna Units 1 and 2 operating licenses that would authorize the installation of neutron-absorbing racks in the spent fuel pool serving those Units.
The Applicant has also applied under 10 C.F.R. Part 50 for amendments to its North Anna Units 1 and 2 operating licenses that would authorize the receipt and storage of 500 Surry Power Station spent fuel assemblies at North c
Anna. This request is the subject of proceeding OLA-1.
" Receipt and storage" is the description of Applicant's proposal that is used in the notice entitled North Anna Power Stction, Units No. 1 and No. 2; Proposed Issuance of Amendments to Facility Operating Licenses, 47 Fed. Reg.
41892 (September 22, 1982), and that is the notice pursuant to which this Board was established, see Virginia Electric and Power Co.; Establishment of Atomic Safety and Licensing Board, 47 Fed. Reg. 49763 (November 2, 1982).
The OLA-1 proceeding is not a proceeding for cask licensing ur. der 10 C.F.R. Part 71, or for a route approval under 10 C.F.R. Part 73, or for any other approval of transportation of fuel from Surry to North Anna.
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B. Untimeliness Where contentions are late-filed, they may be admitted only upon a balancing by the Board of the five factors listed in 10 C.F.R. S 2.714 (a) (1) (1982). See Consumers Power Co. (Midland Plant, Units 1 and 2), LBP-82-63 (August !
14, 1982) (slip op. at 6); Houston Lighting and Power Co.
(Allens Creek Nuclear Generating Station, Unit 1),
ALAB-671, 15 NRC 508, 509 (1982). The commission has repeatedly said that a proponent of a late contention must affirmatively address the five factors, and demonstrate that the contentions should be admitted. Duke Power Co.
(Perkins Nuclear Station, Units 1, 2 and 3), ALAB-615, 12 NRC 350, 352 (1980); Houston Lighting and Power Co.
(Allens Creek Nuclear Generating Station, Unit 1),
ALAB-582, 11 NRC 239, 241-42 (1980); Virginia Electric and Power Co. (North Anna Station, Units 1 and 2), ALAB-289, 2 NRC 395, 398 (1975); Nuclear Fuel Services, Inc. (West Valley Reprocessing Plant), CLI-75-4, 1 NRC 273, 275 i (1975); Consumers Power Co. (Midland Plant, Units 1 and 2),
LBP-82-63 (August 14, 1982) (slip op. at 9). Failure to do so merits dismissal. See Consumers Power Co. (Midland Plant), Units 1 and 2), Memorandum and Order (October 20, 1982) (slip op. at 2) (the Licensing Board's " primary reason" for rejecting an intervenor's proposed contentions was that they were late-filed without any a
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l justification in accordance with the factors set forth in S 2.714 (a) (1) ) .
C. Standards by which contentions should be judged. !
Certain types of contentions are inadmissible on legal grounds. Contentions raising questions that are the subject of generic proceedings come within this category, see, e.g., Consumers Power Co. (Big Rock Point Nuclear Plant), LBP-80-4, 11 NRC 117, 124 (1980) , as do contentions that are outside the scope of the proceeding or that seek to challenge a Commission rule, see Duke Power Co. (Catawba Nuclear Station, Units 1 and 2), LBP-82-16, 15 NRC 566, 570 (1982), Philadelphia Electric Co. (Peach Bottom Atomic Power Station, Units 2 and 3) , ALAB-216, 8 AEC 13,20 (1974).
Even if a contention is not inadmissible under one of these legal standards, its basis must be set forth with reasonable specificity. 10 C.F.R. S 2.714 (b) (1982) . In Duke Power Co. (Catawba Nuclear Station, Units 1 and 2),
supra at 570, the Board said that:
A contention must include a reasonably specific articulation of its rationale --
e.g., why the applicant's plans fall short of certain safety requirements, or will have a particular detrimental effect on the environment.
The Board in Commonwealth Edison Co. (Quad Cities Station, Units 1 and 2), LBP-81-53, 14 NRC 912, 916 (1981), required "a clear articulation of the theory of the contention, ;
l
i sufficient that the Applicant can make an intelligent response."
Perhaps the most comprehensive statement of the standards by which contentions must be judged was set out by the Board in Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2) , LBP-81-24, 14 NRC 175, 184 (1981), an operating license proceeding:
(1) Have intervenors shown how the contention relates to specific sections of the FSAR or Environmental Report cited in the brief filed by Applicants or Staff?
(2) Is the contention sufficiently specific so that Applicant has genera?. notice of the issues on which it may bear the burden of proof at a hearing?
(3) Is there either a reasonable explanation or plausible authority for factual assertions?
(4) If a contention has been thoroughly litigated in the construction permit proceeding and has been challenged on that ground, is intervenor's allegation significantly different from the construction permit issue or has it shown sufficiently changed circumstances or policies to permit relitigation?
(5) If all the facts alleged in the contention were proved, would those facts require imposition of a licensing condition or the denial of an operating license?
(6) Has intervenor indicated enough familiarity with the subject of its contention so that its contribution to the proceeding may be expected to be helpful and so that minor short-comings'should be overlooked?
~
e In summary, it is not enough that a contention be specific. Some rational basis for it must-be articulated by the intervenor. It must give the Applicant sufficient notice. It must not seek to relitigate settled matters.
It must be capable, if proved, of affecting the outcome.
We now turn to the contentions raised by CCLC.
II.
The Contentions are Untimely Pursuant to the Board's Notice of Hearing On Issuance of Amendment to Facility Operating Licenses, dated December 3, 1982, the Board directed the would-be intervenors in this proceeding to file a supplemental list of contentions by "no later than January 17, 1983." Notice at 3. CCLC's contentions were filed on January 19. Despite this i
untimeliness, no mention is made in CCLC's filing of any
" good cause" for the delay or any of the other factors listed in S 2.714 (a) (1) . Like the " patently deficient" intervention petiti6n' involved in Duke Power Co. (Perkins Nuclear Station, Units 1, 2 and 3), ALAB-615, 12 NRC 350
- (1980), CCLC's petition is " devoid of the slightest hint of a recognition that its fate hinged upon the Section 2.714 (a) factors." 12 NRC at 353.
such lack of timeliness "cannot be lightly excused,"
especially where intervenors are " fully informed of their 4
obligations concerning the filing of contentions."
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Consumers Power Co. (Big Rock Point Plant) , LBP-82-19B, l
15 NRC 627, 629 (1982). CCLC was put on notice by the !
Licensing Board that petitioners in this proceeding "must show good cause and meet the four other factors set forth in S 2.714 (a) (1)" if submitting late-filed contentions.
Memorandum (Memorializing Conference Call) , December 3, 1982 at 4. CCLC's failure to address the five factors listed in S 2.714 should, therefore, not be excused, and its contentions should be denied on the basis of untimeliness alone.
The discussion that follows is to aid the Board in the event it decides to review CCLC's Contentions despite their untimely filing.
III.
Discussion of Contentions A. Contention 1 - The proposed action is a major Federal action significantly affecting the quality of the human environment.
The Applicant believes that the proper disposition for this Contention is the one followed in Commonwealth Edison Co. (Quad Cities Station, Units 1 and 2) , LBP-81-53, 14 NRC 912 (1981). That case involved a spent fuel pool reracking. The Board noted that in no such case, and there had been several, had an environmental impact statement been required. 14 NRC at 914. It also observed, however, that such determinations are to be made on a case-by-case l
~
8-basis. Id. The Board noted that there was no " explicit allegation of significant impact on the environment" and that in ruling on contentions it did not yet have the l
results of the Staff's environmental review. Id. at j 914-15. The Board, therefore, deferred ruling on the
" major Federal action" contention until the Staff's review became available.
The Quad Cities disposition is the appropriate one here. We do not yet know whether the Staff will treat the OLA-2 proposal as "a major Federal action" with significant effects or will merely prepare an environmental assessment.
Pending the completion of the Staff's review, therefore, this Board should defer action on Contention 1.
We would only add that two of CCLC's arguments in connection with this Contention--those dealing with cask standards--amount to forthright attacks on the Commission's rules in 10 C.F.R. Part 71, Appendix B. They are inadmissible for that reason and should be denied.
B. Contention 2 - The dry-cask alternative should be considered.
The law applicable in this area is clear. If the Staff should correctly conclude that Applicant's proposal is not a " major Federal action significantly affecting the quality of the human environment" and that only an environmental assessment is required, then it is 1
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j unnecessary for the Staff or the Board to explore 1
alternatives to the proposed action. Duke Power Co. H (Amendment to Materials License SNM-1773-Transportation of Spent Fuel from Oconee Nuclear Station for Storage at McGuire Nuclear Station),-ALAB-651, 14 NRC 307, 321-22 (1981); Portland General Electric Co. (Trojan Nuclear Plant) , ALAB-531, 9 NRC 263, 266 (1979). Thus, if the Staff prepares an environmental assessment in this proceeding and this Board approves that course of action, this Contention has no place in this proceeding. We recognize that the Board cannot determine whether an environmental assessment is adequate until the Staff's environmental revlew is complete. We believe, then, that it would be premature to deal with this Contention and that consideration of it should be deferred.
III.
Discovery In the foregoing Responses, we have recommended that consideration of CCLC's two Contentions be deferred until the Staff's environmental review is complete. We urge that discovery nonetheless proceed on these matters now so that l
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there will be no unnecessary delay if either of these 1
Contentions is subsequently admitted. I Respectfully submitted, VIRGINIA ELECTRIC AND POWER COMPANY By: /s/ Michael W. Maupin Michael W. Maupin, Counsel Of Counsel Michael W. Maupin James N. Christman Patricia M. Schwarzschild Marcia R. Gelman HUNTON & WILLIAMS P. O. Box 1535 Richmond, Virginia 23212 Dated: February 1, 1983
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CERTIFICATE OF SERVICE I hereby certify that I have this day served Vepco's Response to Citizen's Revised Contentions upon each of the persons named below by deoositing a copy in the United States meil, properly stamped and addressed to him at the address set out with his name:
Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section Sheldon J. Wolfe, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. George A. Ferguson School of Engineering Howard University 2300 5th Street Washington, D.C. 20059 Daniel T. Swanson, Esq.
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 J. Marshall Coleman, Esq.
Beveridge & Diamond, P.C.
1333 New Hampshire Avenue, NW-Washington, D.C. 20036 f James B. Dougherty, Esq.
3045 Porter Street, NW Washington, D.C. 20008 l
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Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 By: /s/ Michael W. Maupin Michael W. Maupin, Counsel for Virginia Electric and Power Company Dated: February 1, 1983 l
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