ML20031E079
| ML20031E079 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 10/05/1981 |
| From: | Falk K WISCONSIN'S ENVIRONMENTAL DECADE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8110150071 | |
| Download: ML20031E079 (5) | |
Text
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2 WED-10/05/81-P:50266NRC.P05 N
UNITED STATES OF AMERICA ff f,(L,UU N
,(O OCT 1'l 193# ' BEFORE THE NL 'uEAR REGULATORY COMMISSION
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OCT 9 5981 > b Q.,
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'y DM g POINT BEACH NUCLEAR PLANT UNITS l'& 2 DOCKET NOS. 50-266 and 50-301
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C OL AMENDMENT (Steam Generator Tube Sleeving Program) y i
DECADE'S ANSWER TO LICENSEE AND STAFF MOTIONS TO STRIKE CONTENTIONS 1, 2 AND 10 Intervenor Wisconsin's Environmental Decade, 'Inc.(" Decade").
makes this answer, pursuant to 10 C.F.R. 5 2.7 3 0 (c),
to
" Licensee's Brief on Proposed Co.1tentions 1, 2 and 10," dated September 25, 1981, and "NRC Staff Brief on. Wisconsin [ sic]
Enyironmental Decade's Proferred Contentions 1, 2 and 10," dated September 25, 1981, relating to whether to str,ike Decade's contentions 1,,2 and 10.
The Decade is in opposition to-the aforesaid motions for the reasons set forth herein.
Contentions 1 and 2 m
Contentions 1 and 2 relate to safety consequences from leaking or rupturing steam generator tubes. The Licensee and Staff do not deny that safety questions are within the purview of Li.
n the Commission.
The Licensee and Staff argue that safety yQ concerns are outside the bounds of this Board's jurisdiction as k
iM set forth in the Commission's " Establishment of Atomic Safety and g/
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s' Licensing Bchrd to Preside in Proceeding, dated August 21, 1981. 9 p
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WED-10/05/81-P:50266NRC.P05 UNITED STATPS OF AMERICA 9
BEFORE THE NUCLEAR REGULATORY COMMISSION Defore the Atomic Safety and Licensina Board
' BEACH NUCLEAR PLANT UNITS 1 & 2 DOCKET NOS. 50-266 and 50-301 OL AMENDMENT (Steam Generator Tube Slecving Program)
DECADE'S ANSWER TO LICENSEE AND STAFF MOTIONS TO STRIKE CONTENTIONS 1, 2 AND 10 Intervenor Wisconsin's Environmental Decade, 'Inc.(" Decade").
makes this answer, pursuant to 10 C.F.R.
S 2.7 3 0 (c),
to
" Licensee's Brief on Proposed Contentions 1, 2 and 10," dated September 25, 1981, and "NRC Staff Brief on. Wisconsin [ sic]
Environmental Deca 6e's Proferred Contentions 1, 2 and 10," dated September 25, 1981, relating to whether to strike Decade's contentions 1,,2 and 10.
The Decade is in opposition to the aforesaid motions for the a
reasons set forth herein.
Cgrtentions 1 and 2 h
Contentions 1 and 2 relate to safety consequences from leaking or rupturing steam generator tubes. The Licensee and Staff do not deny that safety questions are within the purview of ic
!L the Commission.
The Licensee and Staff argue that safety y
Is concerns are outside the bounds of this Board's jurisdiction as
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set forth in the Commission's " Establishment of Atomic Safety and C
E Licensing Board to Preside in Proceeding, dated August 21, 1981.
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These contentions are relevant to the instant license amendment as shown by contentions 3, 4, 5 and 7, because those other contentions establish that, contrary to the Licensee's representations, the so-called sleeving process may increase the probability of tubes leaking in normal operation and rupturing during a loss-of-coolant-accident to an extent greater'than exists under current conditions.
To the extent that the sleeving process itself does, in fact, increase the safety concerns described in contentions 1 and 2 above and beyond that occurs absent sleeving, those safety concerns are clearly relevant to, and aust be dealt with in, t hc-P instant license amendment application.
This is precisely the logic adopted by the Chairman during the September 16, 1981, telep, hone conference:
" CHAIRMAN BLOCH: In a sense, [ contention] number two could be understood merely as a statement of complications that could ensue if !a]
problem existed from other contentions... If it were admitted on that, basis, I take it, and not as 3r. independent contention, there ypJ11d D.2 D2 problem.",
Transcript p. 32.
Contention 10
- Co.ntention 10 relates to the economic concerns f rom sleeving steam generator tubes.
The Licensee and Staf f argue that these
(
concerns are outside the organic jurisdiction of the Commission.
These concerns are relevant to the instant li. cense amendment Al p
under applicable regulations.
It. is unnecessary to look to case, r
although possible, because the Commission's own regulations
}.y governing the agency's compliance with the National Environmental Policy Act("NEPA") specifically require economic consideration:
(
" Cost-benefit analysis.
The Environmental Report
... shall include a cost-benefit analysis which ' considers and balances the environmental effects of the facility and
_ the alternatives available for reducing or avoiding adverse environmental
- effects, as well as the environmental, economic, technical and other benefits of the facility."
l 1e_e,
10 C.F.R.
S 51.2 0 (b).
[ Emphasis added.]
- See, also, 10 C.F.R. S51.23(c).
The Commission has also cross-referenced the rules of t'he U.
S.
Council on Environmental Quality ("CEQ Guidelines") as governing its. compliance with NEPA.
10 C.F.R S 51.23 (d).
Those CEQ Guidelines state in part:
"When an environmental impact statement is prepared and economin or social and natural or physical environmental effects are interrelated, then the environmental impact statement will discuss all of these ef f ects on the human environment."
Sae, 40 C.F.R.
S1508.14. [ Emphasis added.]
l l
It is clear, then, that-the laws of general applicability to all agencies act to expand wha.tever limitations are imposed by the Commission's organic statutes in such a way to compel 1
consideration of economic concerns.
For the foregoing reasons the Licensee's and Staf f's motions l
to _ strike contentions 1, 2 and 10 should be denied.
WISCONSIN'S ENVIRONMENTAL DECADE, INC.
i l
f Wur /h &w KATHLEEN M. FALK
[
General Counsel
[
114 North Carroll Street Suite 208 Madison, Wisconsin 53703
{608) 251-7020 1
i
-.~
UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION POINP BEACH NUCLEAR PLANT UNITS 1 & 2 DOCKET NOS. 50-266 and 50-301 (Stear 2 Generator Tube Fleeving Program)
CERTIFICATE OF SERVICE l
I he.reby certify that copies of Decade's Answer to Licensee and Staff Motions to Strike Contentions 1, 2 and 10, dated October 5, 1981, are being served this 5th day of October, 1981, by deposit in the first class mail, upcn the individuals listed below:
Peter B. Bloch, Chairman Atomic Safety and Licensing Board
- u. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Hugh C Paxton i
8b l
1229 - 41 Street Los Alamos, New Mexico 87544 l
Dr. Jerry R. Kline l
Atomic Safety and Licensing Board U.
S. Nuclear Regulatory Commission Washington, D. C. 20555 Docketing & Service U.
S.
Nuclear Regulatory Commission Washi,ngton, D. C. 20555 Charles A. Barth, Esq.
Office of the Executive Legal Director U.
S.
Nuclear Regulatory Commission Washington, D. C. 20555 Bruce W. Churchill, Isq.
df 1800 M Street N.W.
i I l
Washington, D. C. 20036
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