ML20038C013

Findings of Fact & Conclusions of Law.Certificate of Svc Encl

ML20038C013
Person / Time
Site:	Susquehanna
Issue date:	12/03/1981
From:	Jeanne Johnston Environmental Coalition on Nuclear Power
To:
References
NUDOCS 8112090419
Download: ML20038C013 (3)

Text

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UNITED STATES OF AMERICA M NUCLEAR REGULATORY COMMISSION rggg Jvc Before the Atomic Safety and Licensing Board In the Matter of '81 DEC -7 P4:20 AA4.

PENNSYLVANIA POWER AND LIGHT COMPANY n and Docket Nos. 50-387 Wi$gf/dj I,_,

ALLEGHENY ELECTRIC COOPERATIVE INC. ) 50-388 M *4AF H

(Susquehanna Steam Electric Station, ad G Ul.//%

Units 1 and 2) \ .

huvL INTERVENOR ENVIRONMENTAL C0ALITION ON NUCLEAR POWER'S ISBW '

DECJ FINDINGS OF FACT AND CONCLUSIONS OF LAW .

g$go. N

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.,iW I Introductory Comment

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1. In the tortuous co0rse of this operating license proceeding, the Intervenors have sought a fair opportunity to litigate the issues raised and accepted by the original Board prior to the accident at Three Mile Island, Unit 2, in the licensing of which these same Inter-venors participated. The Inter"enors were denied a protective order equal to that granted the Applicant in the early stages of Discovery in this proceeding. At no time during the long discovery process that followed were the citizen Intervenors allowed a sufficient period of

. time in which to respond to the excessive number of interrogatories served on them by the Applicant. Nor t.t any time did the Board specify to the Intervenors what precisely constituted an " adequate response" to interrogatories, beyond the statement that Intervenors were not expected to engage in extensive research in order to comply with requirements.

The additional constraint of preparation for hearings relating to the D3 earlier TMI-2 licensing case and to the TMI-l Restart case consequent upon the accident at Three Mile Island, simultaneous in timing with the

)( unreasonably large discovery demands in this proceeding, resulted in the inability of Intervenors to comply with Board-imposed deadlines. In 8112090419 811203 PDR ADOCK 05000387 G PDR >

those licenses subject to the outcome of NRC and any consequent Court proceedings related to the consolidated radon proceeding currently before

-. the NRC Appeal Board.

5. Although Limited Appearance statements were heard by the Board oa October 8,19,.and 23,1981, many persons who had filed written re-quests to speak and had asked to be informed of the date and place of the opportunity to speak did not receive notification from the NRC.

Despite public press announcements that full day sessions would be held, these hearing sessions were concluded when no additional persons requesting't'o speak identified themselves as being present in the hearing room;. some arrived later in the day, to find that the session had been adjourned. Tr. October 8, 23, 1981.

II Findings of Fact

6. A radiological health hazard may be associated with. technetium-99 associated with the back end of the nuclear fuel cycle. Englehart testi-mony, paragraphs 5, 6, 7. The potential health hazard results from internal exposure. Englehart testimony, paragraphs 5, 6. The time period of concern about the potential hazard posed by Tc-99 is approxi-mately a million years, but no waste disposal repository can be guaran-teed to provide perfect containment for that length of time. Englehart testimony, paragraph 12.

7. No selection of the geological medium or media that will be uc:d for the disposal of long-lived radioactive wastes including Tc-99 has yet been made. Englehart, Tr.1859.

8. The degree of' sorption of Tc-99 varies markedly between organic and inorganic soils and the concentration of Tc-99 in vegetation also varies widely. Englehart, Tr. 1870-72. The witness had not calculated the dose to a maximally-exposed individual. Englehart, Tr.1873. His

, CERTIFICATE OF SERVICE I dertify that copies of INTERVENOR ENVIRONMENTAL C0ALITION ON NUCLEAR POWER'S FINDINGS OF FACT AND CONCLUSIONS OF LAW are beins deposited in the U.S. Mail, first class, postage paid, this Te day of December,1981.

As'd ll /td.cwS 30dith H. Johnsrud Secretary of the Commission - Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Panel Washington, D.C. 20555 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 ,

Thomas S. Moore, Esquire .

Adrinistrative Judge Occketing'and Service Section Atomic Safety and Licensing -

Office of the Secretary .

Appeal Board . U.S. Nuclear Regulatory.Co-4ssion U.S. Nuclear Regulatory Commission Washington, D..C. 20555 -

Washington, D.C. 20555 ' r Dr. John H. Bt ck ,

Administrative Judge 'T D._,

Atomic Safety and Licensi'ng Appeal Board

'T. S . Nuclear Regulatory Commission

'81 DEC -7 P4 :20 Washington, D.C. 20555 g ,

James P. Gleason, Esquire SusquehannaEnv[rydntalAdvocates Administrative Judge c/o Gerald Schtilh , E' squire-513 Gilmoure Drive Post Office Box 1560 Silver Spring, Maryland 20901 Wilkes-Barre, Pennsylvania 18703 Mr. Glenn O. Bright Mr. Thomas J. Halligan, Correspondent Administrative Judge The Citizens Against Nuclear Dangers '

Atomic Safety and Licensing Post Office Box 5 Board Panel Scranton, Pennsylvania 18501 U.S. Nuclear Regulatory Commission ,

Washington, Da C. 20555 Ms. Colleen Marsh Box 558 A, R. D. 44

! Dr. Paul W. Purdom Mt. Top, Pennsylvania 18707

.dministrative Judge 245 Gulph Hills Road Radnor, Pennsylvania 19087 Jay Silberg, Esquire Shaw, Potts, Pittman, and Trowbridge 1800 M Street NW Ecbert W.-7dler, Esquire Washington, D.C. 20036 Department of Environmental Resources Commonwealth of Pennsylvania l

Atomic Safety and Licensing Appeal l

505 Executive House Board Panel I Post Office Box 2357 17120 U. S. Nuclear Regulatory Co= mission i Harrisburg, Pennsylvania Washington, D. C. 20555 l

James I*.. Cutchin, IV, Esquire Office of the Executive Legal Director L U. S. Nuclear Regulatory Commission Washington, D. C. 20555

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