ML20040B120

Opposition to Licensee Suggestion for Referral to New Aslb. New ASLB Would Involve Substantial Delay Due to Complex Record & Licensee Purported Reason for Panel Change Cannot Be Accomplished.Certificate of Svc Encl

ML20040B120
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	01/14/1982
From:	Semmel H ANTIOCH SCHOOL OF LAW, WASHINGTON, DC, BIER, MILLS, CHRISTA-MARIA, ET AL
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8201250180
Download: ML20040B120 (4)

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-BEFORE THE ATOMIC SAFETY AND LICENSING BOARD.

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h,,K In the Matter of

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DocM No. 50-l% Ou CONSUMERS POWER COMPANY (Spent Fuel Pool

) Modification)

(Big Rock Point Nuclear Power Plant)

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INTERVENORS OPPOSITION TO LICENSEE'S SUGGESTION OF REFERRAL TO ANOTHER PANEL Intervenors submi t that Licensee's suggestion for a referral to a new panel is totally inappropriate.

Indeed it is so contrary to Licensee's purpose of expediting the proceeding as to raise questions as to i ts true motivation.

This proceeding has been vigorously litigated for almost three years.

A variety of complex legal and factual questions have been presented and many remain unresolved.

This Licensing Board has full knowledge and background of the facts and the issues.

To introduce a new group of administrative judges at this point would involve substantial delays until the new panel could become familiar with the complex record in this case.

Furthermore, as the affidavit of Mr. Mullholand, Senior Engineer of the Big Rock Plant shows, to install one additional full rack, during the February outage would require the proceeding to De 503 lD completed by mid-February.

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proceeding in that time period.

Motions for summary disposition, 8201250180 820114 PDR ADOCK 05000155 G

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i additional contentions, and adjudication of the question under NEPA 5102 (2)(E) remain to be resolved before any hearing can be held.

Thus Licensee's purported reason for a change of panel cannot be accomplished.

1 Licensee states that it can continue to operate without full core off-load capacity, without safety hazards.

Its reason i

for desiring full off-load capacit) is speculative and not of serious import.

Only if an unpredictable event occurs requiring removal of the full core load would a problem be presented.

There is no reason to disrupt this proceeding by appointment of a new licensing board for this speculative event.

Licensee has repeatedly stated it can operate the plant without full core I

off-load capacity.

It represented to the Appeal Board that it could operate under present capacity until 1984.

Respectfully submitted, 5}Q r) ew NbLU:

l,y He'rbert Semmel Attorney for Intervenors Christa-Maria, Mills and Bier Antioch School of Law 2633 16th Street, N.W.

Washington, D.C.

20009 (202) 265-9500 ext. 240 1

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CERTIFICATE OF SERVICE

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,' day of January 1982, I certify that on the Intervenors

' l Opposi tion to Licensee's Sugges tion of Re ferral to Antother Panel was served on the attached list by United States Mail, first class, postage prepaid.

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f Hedbert Semmel

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Atc..ic Safety and Licensing JersFF Cal;r. Enquire Ishe, Linen 3n and Beale E:ard Pane; 1120 Connecticutt' Ave, N.W.

3 U.S. Nuclea r Re gulaterj Cor.n;ssacn Suite 325 Washingte..,

D.C.

20555 Kashington, D.C.

20036 Herbert Grossman, Esq., Chairman Atomic Safety and Licensing

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Board Pane'l U.S. Nuclear Regulatory Commission N':-

Washington D.C.

20555 i

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Dr. Oscar H. Paris Atomic Safety and Licensing i

i Board Panel l

U.S. Nuclear Regulatory Docketing and Service Section Commission Of, ice of the Secretary Washington D.C.

20555 g. S.

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3 e 3, Re..l a.,ry Cor.mi s s ion Mr. Fredrick J. Shon Washingten, D.C.

20555 Atomic Safety and Licensing John O'Neil), II Board Panel Ecute 2, Box 44 U.S. Nuclear Regulatory Maple City, MI 49664 Commission Washington D.C.

20555 r

Janice E.

Mo re, Esq.

Counsc1 fer NFC Staff U.S. Nucle a r Re gulatory Corr.ission 1:a s hing to n, D.C.

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