ML20040D778
| ML20040D778 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 01/29/1982 |
| From: | Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8202020243 | |
| Download: ML20040D778 (7) | |
Text
'
01/29/82 g
b UNITED STATES OF AtiERICA NUCLEAR REGULATORY C0til11SSION g
RECEIVED BEFORE THE AT0filC SAFETY AND LICENSING BOARD C
FEB1 1982>- m In the liatter of
)
- #Ei&,#g'y R,f -
u c,
n l
Docket Nos. 50-352 PHILADELPHIA ELECTRIC C0ftPANY 50-353 4
ga (Limerick Generating Station,
)
Units I and 2)
)
NRC STAFF RESP 0tlSE TO SUBf1ISSION OF ADDITIONAL ttATERIAL BY WILLIAtt A. LOCHSTET I. INTRODUCTION In the course of the special prehearing conference held in Norristown, Pa. on January 6-8, 1982, the Licensing Board requested that Dr. Lochstet file a copy of the WASH-740 " update" document upon which he relies, in part, for his standing in the Linerick licensing proceeding.
Tr. 69-70. On January 14, 1982 petitioner Lochstet filed the requested document as well as the three unsolicited documents listed below:
(1)
The Advisory Committaa on Reactor Safeguards ( ACRS) Report on the Newbold Island Nuclear Generating Station, Units Nos.1 & 2 (August 10,1971), with an attachment containing additional comments by Dr. H. O. tionson, Dr. D. Okrent and Dean N. J. Palladino; (2)
A list of the petitioner's education and publications, narked to indicate those items concerning Radon 222 and Iodine 129 impacts; (3)
Petitioner's statement of position in the Proposed Rulenaking on the Storage and Disposal of Nuclear Waste (Waste Confidence Rulemaking) PR-50, 51.
' DESIGH TED ORIGINAL f
f0 0
Certified By A _.
0%)ll o
e
, For the reasons set forth below, the UASH 740 material filed by O
petitioner Lochstet does not cause the Staff to change its previously stated position that petitioner has not demonstrated an adequate basis for intervention as of right in this proceeding.
Further, since the Board only authorized the filing of the WASH 740 document, all the unsolicited material included by the petitioner should be rejected as non-responsive.
In any event, that material does not affect any position previously taken by the Staff with respect to Dr. Lochstet's claim for discretionary intervention or the adequacy of his basis for proposed Contentions I-47 and I-48.
II. DISCUSSION The WASH 740 material provided by Dr. Lochstet to support his argument for intervention as of right was neither adopted nor published by the Atomic Energy Commission or subsequently by the NRC. WASH 740 itself was superceded by WASH 1400 and the document submitted by Dr. Lochstet is, at best, of historical interest only. Even if one were to overlook the outdated status of WASH 740, the minutes of the Steering Committee on Revision of WASH 740 (Minutes), fail to provide a basis for Dr. Lochstet's claim that his residence at 120 miles from the Limerick plant provides a basis for his standing as of right to intervene in this proceeding.
1/
NRC Staff Response to Supplemental Petition to Intervene of Hilliam A. Lochstet (November 16,1981).
J
, The excerpt of the tiinutes relied on by the petitioner was based on the premise of the WASH-740 study that "given the choice of assumptions
... the most pessimistic of the ones that cannot he shown false" would be used.E This assumption was used in reaching the hypothesis that "there would be deaths out to 150 -km."3/. Further, the petitioner has not explained how the assumptions made in the Minutes relate to the Limerick facili ty.
Dr. Lochstet has still failed to demonstrate that he lives "within the geographical zone that might be affected by an accidental releaseoffissionproducts."O Uith respect to the remaining material submitted, throughout the Special Prehearing Conference the Board conscientiously sought to limit the filing of docunents to those it felt were necessary to a resolution of the issues at hand. The Board did not authorize Dr. Lochstet to file any naterial in addition to the llASH-740 " update study," despite his offers to provide additional documentation.N Hence, the unsolicited documents filed on January 14, 1982 should be rejected.
In any event, after reviewing the additional material supplied by petitioner the Staff does not believe that it sheds any light on the issues at hand - standing as a natter of right and discretionary intervention.
2_/
111nutes at 1.
3/
Id., a t 3.
y
" Staff Response," supra n.1, at 4.
5/
Tr. 69-70, 333.
The documents elaborating on the petitioner's education and expertise concerning Radon 222 and Iodine 129 impacts, and his statement in the Waste Confidence Rulemaking merely confinn the previous understanding of the Staff that the petitioner has offered statements and coments on various NRC publications and in an NRC rulemaking proceeding. This material does not alter the Staff's opinion that the petitioner has not made a sufficient showing for discretionary intervention.
The Board, in stating its inclination that Dr. Lochstet did not have standing, allowed the petitioner to elaborate on "the specifics of a contribution that [he was] planning to make on [ Contentions I-47 and I-48]" to aid in its decision on discretionary intervention. Tr. 74.
The letter of the ACRS regarding the flewbold Island Generating Station and the additional views of several members of the committee have no relationship to any question of the petitioner's standing.
It merely provides a docunent to which the petitioner referred in the Special Prehearing Conference as a basis for his Contentions I-47 and I-48.
Tr. 314. The Staff has not argued that those contentions are lacking in basis.
III.
CONCLUSIONS As discussed above, the Staff finds that the WASH-740 naterial filed by petitioner Lochstet does not alter its previous position that the petitioner has not demonstrated an adequate basis for intervention as of right in this proceeding. The additional (unsolicited) naterial, if
.. considered at all, does not provide basis for the Board to grant Dr. Lochstet's intervention in this proceeding on a discretionary basis.
Respectfully submitted, J
a M.M Stephe H. Lewis Counsel for NRC Staff Dated at Bethesda,!!aryland this 29th day of January,1982 i
1
o UNITED STATES OF Af1 ERICA NUCLEAR REGULATORY C0ft!11SSION
~
BEFORE THE AT0f11C SAFETY AND LICENSING BOARD In the liatter of
)
PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 50-353 (Limerick Generating Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO SUBMISSION OF ADDITIONAL MATERIAL BY WILLIAM A. LOCHSTET" in the above-captioned preceeding have been served on the following by deposit in the United States mail, first class or as indicated by an asterisk by deposit in the Nuclear Regulatory Commission internal mail system, this 29th day of January,1982:
Lawrence Brenner, Esq., Chairnan*
Mr. Edward G. Bauer, Jr.
Administrative Judge Vice President & General Counsel U.S. Nuclear Regulatory Commission Philadelphia Electric Company Washington, D.C.
20555 2301 liarket Street Philadelphia, PA 19101 Dr. Richard F. Cole
- Administrative Judge Troy B. Conner, Jr., Esq.
U.S. Nuclear Regulatory Comnission fiark J. Wetterhahn, Esq.
Washington, D.C.
20555 Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W.
Dr. Peter A. 11 orris
- Washington, D.C.
20006 Administrative Judge U.S. Nuclear Regulatory Commission fir. llarvin I. Lewis Washington, D.C.
20555 6504 Bradford Terrace Philadelphia, PA 19149 Mr. Frank R. Romano Air and Hater Pollution Patrol Janes 11. fleill, Esq.
61 Forest Avenue Associate Counsel for Del-Aware Ambler, PA 19002 Box 511 Dublin, PA 18917 Judith A. Dorsey, Esq.
Limerick Ecology Action Joseph H. White 111 1315 Walnut Street, Suite 1632 11 South !!erion Avenue Philadelphia, PA 19107 Bryn itawr, PA 19010 L-
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c Environmental Coalition on Nuclear Walter W. Cohen Power Consumer Advocate Dr. Judith H. Johnsurd, Co-Director Office of Attorney General 433 Orlando Avenue 1425 Strawberry Square State College, PA 16801 Harrisburg, PA 17120 Thomas Gerusky, Director Robert W. Adler Bureau of Radiation Protection Assistant Counsel Dept. of Environnental Resources Commonwealth of Pennsylvania, DER 5th Floor, Fulton Bank Building 505 Executive House Third and Locust Streets P. O. Box 2357 Harrisburg, PA 17120 Harrisburg, PA 17120 Director Steven P. Hershey, Esq.
Pennsylvania Emergency 11anagement Consumers' Education and Agency Protective Association Basement, Transportation & Safety Sylvania House Building Juniper and Locust Streets Harrisburg, PA 17120 Philadelphia, PA 19107 John Shniper Sugarnan and Denworth flecting House Law Building & Gallery Suite 510 fiennonite Church Road, North American Building Schuylkill Road (Route 724) 121 South Broad Street Spring City, PA 19475 Philadelphia, PA 19107 Robert L. Anthony Donald S. Rronstein, Esq.
Friends of the Earth of the The National Lawyers Guild Delaware Valley Third Floor 103 Vernon Lane, Box 186 1425 Walnut Street iloylan, PA 19065 Philadelphia, PA 19102 Alan J. Nogee Atomic Safety & Licensing Board
- The Keystone Alliance U.S. Nuclear Regulatory Connission 3700 Chestnut Street Washington, D.C.
20555 Philadelphia, PA 19104 Atomic Safety & Licensing Appeal W. Wilson Goode Panel
- llanaging Director U.S. tbclear Regulatory Connission City of Philadelphia Washington, D.C.
20555 Philadelphia, PA 19107 Secretary
- William A. Lochstet U.S. Nuclear Regulatory Concission 119 E. Aaron Drive ATTN:
Chief, Docketing & Service P.r.
State College, PA 16801 Washington, D.C.
20555 Charles W. Elliott, Esq.
123 N. 5th Street, Suite 101
,{
Allentown, PA 18102 Stephe6 H. Lewis Counsel for NRC Staff I