ML20033C028
| ML20033C028 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/22/1981 |
| From: | Johnsrud J Environmental Coalition on Nuclear Power |
| To: | |
| References | |
| NUDOCS 8112020586 | |
| Download: ML20033C028 (3) | |
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' ENVIRONMENTAL COALITION ON NUCLEAR POWER y,
Co Dweetors: Mr. George Boomsma-R.D. et, Peacn Bottom, Pa. 17563 717-548 2836 Dr. Judith Johnsrud-433 orlando Avenue, State College, Pa.16801 814 2374900
'81 NOV 25 P3:14 U:!ITED STATES OF ATTRICA gCRETARY
- UCLEAR ICGULATORY C0:2:ISSIO:1
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,T hNC In the t'atter of
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50-352 5 g-[ c l%I-} 6 (Linerick Generating Stati;n,
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Docket fos.
1981*. N A'
Units 1 and 2)
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50-353!'
DEC1 r
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.awon SLPPLE:Li! TO PETITIU ! FOR LEAVE TO INTERVE'lEh] m,,w*55a" cc Patitioner Environmental Coalition on !!uclear Power
%c with and hdre adopts the contentions which are being submitted ~y Petitioner Limerick Ecology Action (LEA) on behalf of cooperating petitioners, in accordance with the directive of the Atomic Safety and Licensing Board that petitioners coordinate the fomulation and filing of contentiens to the fullest extent possible in this proceeding.
ECIP respectfully notes, however, that the Applicant's FSAR and ER and other documents which the Coard had ordered to be made available were indeed not received until after the filing of EC:!P's request for a twenty-day tine extension following receipt of those documents in which to file contentions.
The Board's Supplemental lemorandum and Order Adjustir.; Schedule and Clarifying Status of Limited Appearnrs, dated ovcmber 9,1501, and received by ECiP on :lovenber 12, required individual petitioners who did not choose to or were unable to coordinate contentions with the lead petitioner to file essentially on that date in order to assure delivery within the customary nailing allouance of five days on '!cvember 17.
In essence, given the delay actually ex-perienced in the delivery of the FSAR and EP., these Petitioners were granted no extension unless they elected, as EC':P has, to file in co-crdination with the other petiticners on those contentions %here we believed overla? night occur.
[S The EC!!? Representative wishes also to note and correct a possible misinterpretation of fact that appears at pages 2-3 of the Board's j
Supplenental "ecorandun and Order Adjusting Schedule, dated '?over.ter 12,
//l 1901, viz., that no effort had been made to utilize the Pottstown Local Public Docunents Roon.
See statement on p.1 of EC'IP's Request to the 30ard for a reasonable extension of time, dated '!ovenber 7,1981.
8112020586 811122 DRADOCK05000g
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radon-related adverse health ef fects, the Applicant's Environmental Report and the
- p.C's Enviren. ental State:.:ent ace not and cennot be in coapliance with the requirements of the !!ational Environnantal Policy Act of 1969, and a license to operate the Limerick Generating Station cannot issue.
Basis for this contention is to be found in the complex record unciarlying the *iRC's consolidated rcdon proceeding and in the record of that proceeding.
See the record of the "atters of Philadelphia Electric Company, et al. (Peach Cotton Atamic Po.ser Station, t; nits 2 anJ 3), Docmet ilos.53-277 and 63-27P; fletropolitan Edison Corpany, et al. (Three !!ile Island, Unit 2), Docket ?!o.59-320; and Public Service Electric and Cas Company (!!cpe Creek Generating Station, l' nits 1 and 2), Docket ?!os.50-35e and 50-355.
See especially the unrefuted testinony in the T 'I-2 Operating License record of Dr. C.
Kopford, July 5,1077; s stement of !!RC Staff "itness R. Gotchy at tr. 2033-2090, Dccket *10. 50 -323; Intervenors' Brief in Support of Exceptions to the Initial Decision Dated Decenber 19, 1977, Docket
'lo. 50-320. See also U.S. Court of Appeals for the District of Columbia Circuit, Case 'lo. 70-1160.
The Comission's finding of a quantity of radon associa*ed with an annual reference reactor operation in Alf3-60 was only a partial disposition of tha-issue at question, which is the quantity and the health effects of radioactive radon gas attributable to the annual operation of a reference reactor.
The Tatter issue is still pending before the :lRC's Appeal 30ard.
The former issue, and associated earlier cases arising out of the licensina of T!!!-2, have been appealed to the U.S. Court of Appeal; for the District of ColJr.;bia Circuit, and are there being held in abeyance pending the conpletion of :!RC review of the entire issue (Case :tos. 70-1100, 70-2170, and 01-2111).
EC*:P here incorporates by reference the records of these
- F.C and Ccurt proceedings as the detailed hackqround information that forms the bases for this contention.
In str1, until the require-nants of CpA to consider the effects of all pollutants associated with a cajar Federal action for their full detoxification period and to compare those ccsts with costs a5sociated with alternatives to tha proposed action (vir., the granting of an operating license) have been met by rc~ solution of the raden health effects issue before the
!!RC and any subscquent Court procce ngs, an operating license for the Limerick Cenerating Station cannot issue.
2.
It is contended that adequate pernanent disposal for high -level radicactive vaste nich will be gcnerated by the Limerick reactors and adequi:te assurance of proper storage of Liaerick spent fuel in the event that pen,anent disposal is not available when needed have not Lean provided by the fpplicant or the !!P.C and that no license to operate the Lincrick Generating Station should issue until the NRC has provided denonstrated certainty of safe storage and disposal of such spent fuel and high-level radioactive wastes.
Casis for this contention is found in the voluminous record of the still-incomplete !mC Proposed Rulecating on the Reassessnent of Con-fidence in the Availability of Pemanent Disposal of iluclear *.-laste and Spent Fuel Storage, Docket ilo. PR-50, 51.
ECP here inccrporates that record by reference as the infomational background for the bases of this contention.
See in particular the Statements of Position,
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I certify that copies of E: VIr T.:C;TAL COALITIO1 3' *:UCLEAI,PO!EE SU.PLE:'E;iT TO PETITI0'.' rOR LEAVE TO I'!TERVE'!E aave Leen served upon the
- gday of '! ova ter,19 1.j by d: posit in the US Mail, figt $Q parties to this nroc
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Laorence Brenner, Esq., Chai Walter W. Cohen A::ninistrative Judge Consumer Advocate U.S. Nuclear Regulatory Comission Office of Attorney General Washington, DC 20555 1425 Strawberry Square Harrisburg, PA 17120 Dr. Richard F. Cole Administrative Judge Robert W. Adler U.S. Nuclear Regulatory Commission Assistant Counsel Washington, DC 20555 Comonwealtn of Pennsylvania. DER 505 Executive House, Dr. Peter A. Morris P.O. Box 2357 Administrative Judge Harrisburg, PA 17120 U.S. Nuclear Regulatory Commission Washington, DC 20555 John Shniper Meeting House Law Bldg. & Gallery Mr. Frank R. Romano Hennonite Church Rd.,
Air and Water Pollution Patrol Schuylkill Rd. (Rte. 724) seph H.
61 Forest Avenue Spring City, PA 19475
!! rion A nue Ambler, PA 19002 Bryn Mawr, PA _i n. 010 Robert L. Anthony Atomic Safety and Licensin9 Friends of the Earth of the Steven P., Hershey, Esq.
Board Panel Delaware Valley Consumers Education and U.S. Nuclear Regulatory Commission 103 Vernon Lane, Box 186 and Protective Association Washington, DC 20555 Hoylan, PA 19065 an a H "
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,nd ocust Streets Docketing and Service Section Judith A. Dorsey, Esq.
Philadelphia, PA 19107 Office of the Secretary Limerick Ecology Action U.S. Nuclear Regulatory Comission 1315 Walnut Street, Suite 1632 Alan J. No9ee
' Washington, DC 20555 Pniladelphia, PA 19107 0
e nt tet Stephen H. Lewis Donald S. Bronstein, Esq.
Philadelphia, PA 19104 Staff Counsel The fiational Lawyers Gut,ld US Nuclear Regulatory Comission Third floor.
Robert J. Sugarman Washington, DC 20555 1425 Walnut Street Del wa m
,l Philadelphia, PA 19102
& C se iroy B. Conner, Jr., Esq.
2115 Bainbridge Street Hark J. Wetterhahn, Esq.
Steven Levin Philadelphia, PA 19146 Conner and Wetterhahn 11 Beard Circle William A. lochstet 1747 Pennsylvania Avenue, N.W.
Phoenixville, PA 19460 Washington DC 20006 119 E. Aaron Drive Charles W. Elliott, Esq.
State College,-PA 16801 Mr. Charles Bruce Taylor 123 North Fifth Street 24 West Tenth Avenue AHenh, Pa.18M2 Samuel ind Clarissa B. Coopec P.O. Box 16 Collegeville, PA 19426
. Atomic Safety and Licensing Colora, MD 21917 Appeal Panel Mr. Marvin I. Lewis 6504 Bradford Terrace U.S. Nuclear Regulatory Comission Philadelphia, PA ^19149 Washington, DC 20555
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