ML20032C630
| ML20032C630 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 11/09/1981 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8111100669 | |
| Download: ML20032C630 (6) | |
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UN11ED STATES OF MERICA
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NUCIIAR REGULATORY COMISSION FEFORE T1E ATWIC SAFETY AND LICENSIIC APPEAL BOARD In the Matter of
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PENGYLVANIA POWER AND LIGiff CO.,
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Docket Nos. 50-387 AND
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50-388 AUEGIENY EIECIRIC CODIERATIVE, I10. )
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(Susguchanna Steam Electric Station, )
Units 1 and 2)
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NRC STAFF'S RESPONSE IN OPPOSITION 10 CITIZENS AGA1NST NUCIZAR DAICERS' APPEAL ON ClllDRINE PART OF CONIENTION 2 i
James M. Cutchin IV Counsel for NRC Staff Novanber 9,1981 8111100669 811109
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UNITED STATES OF AMERICA NUCLEAR RE'.ATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of, PtRiSYLVANIA PO'.!ER AND LIGHT COMPANY AND Occket Nos. 50-387 ALLEGHEiiY ELECTRIC COOPERATIVE, 1HC.
50-388
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(Susquehanna Steam Electric Station,
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Units 1 and 2)
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HRC STAFF'S RESPONSE IN OPPOSITION TO CITIZENS AGAINST NUCLEAR DANGERS' APPEAL ON CHLORINE PART OF CONTENTION 2 I.
INTRODUCTION On October 14, 1981, during the hearing in the captioned natter, the Atomic Safety and Licensing Board orally granted the Applicants' hotion for summary disposition of the remaining part of Contention 2 dealing with chlorine.3/
n an October 24th filing entitled " Citizens Against Nuclear Dangers T.ppeal of ASLB Decision on Chlorine Part of Contention 2," CAND seeks to appeal that summary disposition decision.
For the reasons set forth below, the Staff opposes CAND's appeal.
1/
CAND erroneously states that the Board's decision was rendered on the afternoon of October 15th, rather than the 14th, and on the same day thet testimony on Contention 2 was scheduled to be heard.
The Board had ind cated on October 5th that Contention 2, if sucaary disposition of it was not granted, would be considered af ter testimony on Contention 7(b) was completed.
See Tr.1016-20 and particularly Tr.1017 and 1020.
At the beginning cf the morning session on October 14th the Board stated that it would announce its decision on sucinary disposition of Contention 2 at the beginning of the afternoon session.
T r. 1730.
The Board did announce its decision at the beginning of the afternoon session on the 14th.
Tr. 1834.
Testimony on Contention 7(b) was completed about mid-morning on October 15th. Tr.1946.
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. II.
STATEMENT OF THE ISSUE The single issue raised by CAND's appeal is:
Are the matters raised by CAND appealable at this point in the proceeding?
III.
ARGUMENT CAND'S Aopeal Is Interlocutory And Cannot Be Raised At This Time The Appeal Board has recently ruled in this proceeding that a Licensing Board's order granting suramary disposition of a part of an Intervenor's case but not ending 'the Intervenor's participation in the proceeding is interlocutory.
Order dated October 27,1981 at 2..The Commission's Rules of Practice explicitly provide that "[n]o interlocutory appeal may be taken to the Commission from a ruling of the
[LicensingBoard]."
10 CFR 2.730(f). / Thus CAND cannot appeal the Licensing Board's order granting the Appiicants' motion for sunnary 7
disposition of the remaining part of Contention 2 dealing with chlorine.
A detailed discussion of the law in this regard was set forth in "NRC Staff Response to Citizens Against Nuclear Dangers' Appeal on 2/
There are two explicit exceptions to this rule but neither aids l
CAND.
First, a petitioner may appeal from a Licensing Board's order " wholly denying a petition for leave to intervene."
The intervention rights of CAND, however, were not l
" wholly denied", since at the time summary disposition was granted CAND remained as a party and other CAND contentions remained to be litigated.
The second exception permits parties "other than the petitioner" to appeal, on the grounds that the petition should have been wholly denied, an order of the Licensing Board admitting the i
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petitioner to the proceeding.
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Contention 2, 6 and 20," dated October 21, 1981 and "NRC Staff Response to Citizens Against Nuclear Dangers Appeal and Request for a Stay of j
Order Concerning Contentions 2 and 4" and is not repeated here.
CAND's appeal must await the issuance of the Licensing Board's initial decision at the end of the proceeding.5/
IV.
CONCLUSION For the reasons stated above, CAND's appeal should be dismissed.
4 Respectfully submitted, h ( -..
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James M. Cutchin, IV Counsel for NRC Staff q
Dated at Bethesda, Maryland this 9th day of November,1981.
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3/
CAND also asserts in its appeal that ex parte communications with Applicants appear to have played a role in the Licensing Board's decision on the summary disposition of Contention 2.
CAND provides no basis of any sort for its allegations in this regard.
In any event, CAND's assertions of ex parte comaunications do not change the interlocutory nature of the ruling which CAND now improperly l-seeks to appeal.
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY C0;tilSSIGH I
BEFORE THE AT0!ilC SAFETY A"D LICENSING APPEAL BOARD 1
In tne Matter cf
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PENNSYLVANIA P0h'ER AND LIGHT CO.
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Docke t l'o. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC.
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50-388
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(Susquehanna Steam Electric Station,
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Units 1 and 2)
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CERTIFICATE OF SERVICE I hareby certify that copies of "h'RC STAR'S FISPO:CSE IN OPPOSJTION TO CITIZENS ACA1NSr WCLOR D. VERS' APPDL ON CliLGI!3 PART OF i
CONTE:TIION 2" in the above-captiened procceding have been served on i
i the fellcwing by dcposit in the thited States mil, first class or, cs indicated by an asterisk, by dcposit in the Nuclear Regulatorv i
Comissica's internal reail systcm, this 9th day of Nove:aer,198'1:
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i Dr. Judith H. Johnsrud Co-Director Environmental Coalition on i
Nuclear Power 433 Orlando Avenue l
State College, Pennsylvania 16801 l
- Dr. John H. Buck, Member, Ad.i nistrative Judge lir. ihomas 11. Gerusky, Director Atomic 'afety and Licensing Appeal Board Bureau of Radiation Protection U.S. Nuricar Regulatory Commission Department of' Environmental Was hing ton, D.C.
20555 Resources Commonwealth of Pennsylvania iMr. Thomas S. Moore, Member, P. O. Box 2063 Administrative Judge Harrisburg, Pennsylvania 17120 l
Atomic Safety and Licensing Appeal Board U.S. h'uclear Regulatory Commission Ms. Colleen Marsh h'a t hing ton, D.C.
20555 Box 538A, RD!4 liountain Top, Pennsylvania 18707
- j-Jay Silberg, Esq.
Shaw, Pittman, Potts and Troubridge Mr. Thomas J. Halligan j
1500 li Street, N.W.
Correspondent: CAND t
Washington, D.C.
20036 P. O. Box 5 Scranton, Pennsylvania 18501 Bryan A. Snapp, Esq.
Pennsylvania Fower & Light Company Tuo Ucrth Ninth Street Allentcun, Pennsylvania 18101 J
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James P. Gleason, Chairman Susquehanna Environmental
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d Administrative Judge Advocates 513 Gilmoure Drive <
j c/o Gerald Schultz, Esq.
Silver Spring, Madyland 20901 P. O. Box 1560 Wilkes-Barre, PA 18703
- Mr. Glenn 0. Bright, Administrative Judge G. Rhodes Atomic Safety and Licensing Board Resident Inspector U.S. Nuclear Regulatory Commission P. O. Box 52 i
j Washington, D. C.
20555 Shickshinnyt Pennsylvania 18655 4
Dr. Paul W. Purdom, Administrative Judge Robert W. Adler
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245 Gulph Hills Road Department of Environmental Resources j
Radnor, Pennsylvania 19087 505 Executive House l
l P. O. Box 2357 3
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- Atomic Safety & Licensing Board Panel Harrisburg, Pennsylvania 17120 j
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U.S. Huclear Regulatory Commission
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Uashington, D.C.
20555 i
- Atomic Safety & Licensing Appeal Board f
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Panel j
'U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Secretary i
U.S. Nuclear Regulatory Commissic.1 ATT":
Chief, Docketing & Service Branch i
Washington, D.C.
20555 Mr. Dellitt C. Smith, Director Pennsylvania Emergency Management Agency r
Transportation.and Safety Building Harrisburg, Pennsylvania 17120 l
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s James M. Cutchin, IV Counsel for NRC Staff i
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