ML20052F310

Memorandum Opposing NRC Motion to Reject Cepa Contention II-1.Environ Aspects of Economic Issues Can Still Be Litigated.Certificate of Svc Encl

ML20052F310
Person / Time
Site:	Limerick
Issue date:	05/06/1982
From:	Hershey S CEPA
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8205120335
Download: ML20052F310 (5)

Text

.-. -

a .r r~c r :-

UNITED STATES OF AMERICA NUCLEAR REGULATORY COfOlISSION f") :54 BEFORE THE ATOMIC SAFETY AND LICbNSING> BOARD GN:H In the Matter of  :

PHILADELPHIA ELECTRIC COMPANY  : Docket Nos. 50-352 50-35

[f (Limerick Generating Station,  : '

Units 1 and 2)  : -

'S

~

@ RECEUVED di MAY 1'11982 m- 9 MEMORANDUM OF CEPA IN OPPOSITION " alasttammceumsna TO NRC STAFF MOTION TO REJECT CONTENTION II-l 6 Mgust g

4) #

y CEPA opposes the motion filed by the NRC Staff which requests the rejection of CEPA's contentions. CEPA believes that their contentions! remain unaffected by the rules published in the Federal Register and cited by the NRC Staff as the basis for their motion.

CEPA contends that " Limerick generating capacity is not needed and there are alternatives that are more reliable, economical, and less harmful to the environment."

As the transcript of the pre-hearing conference reveals, CEPA's contention is that a combination of conservation, load manage-ment, and alternative energy sources are superior to the construction of Limerick not only because they are more reliable and more economical, but because the conbination is less harmful to the

//

8205120335 82050

{DRADOCK 050003$ra PDR

environment than Limerick. Not only have the economic projections changed dramatically since these issues were considered (though in a very superficial and inadequate record) at the construction permit stage, so too have the facts and projections relating to environmental impact. At the earlier hearings, for example, Limerick's environmental impact was compared to the impact of inadequate electric power, black-outs and brown-outs, in the service territory. It was also assumed that disposal of spent fuel presented no environmental hazard or uncertainty. CEPA will prove that the assumptions which form the basis for these environmental comparisons are false.

CEPA will also prove that Limerick's alternatives are both more economical and less environmentally harmful.

Even if the newly published rules are interpreted to eliminate the consideration of economic issues, those rules still e

allow consideration of the environmental aspec;- ,f those same issues and for that reason Contention II-l should not be rejected.

It is clear from the Summary section of the new rule (47 Federal Register 12940, March 26, 1982) that the purpose of the amendments "is to avoid unnecessary consideration of issues that are not likely to tilt the cost-benefit balance." The transcript of the pre-hearing conference reveals that CEPA argues that, if given the opportunity, it will prove that these issues do tilt the cost-benefit balance. CEPA will prove that all econmic considerations, including cost-benefit analysis weigh heavily in favor of replacement i ,

of Limerick with the less environmentally harmful combination of conservation, efficiency improvements, and alternative energy sources.

For the foregoing reasons, CEPA should be given the opportunity to prove that alternatives to Limerick are both more economical and less harmful to the environment, particularly since all of these issues have changed dramatically since the construction permit stage.

Respectfully submitted, .

Nm i

P.

Steven P. liershey, Esquire }

s 9

i I

i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY LICENSING BOARD In the Matter of  :

~

PHILADELPHIA ELECTRIC COMPANY  : Docket Nos. 50-352 50-353 (Limerick Generating Station  :

Unite 1 and 2)  :

CERTIFICATE OF SERVICE I hereby certify that copies of Memorandum of CEPA in Opposition to NRC Staff Motion in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 6th day of May, 1982. -

Lawrence Brenner, Esq., Chairman

• Mr. Edward G. Bauer, Jr.

Administrative Judge Vice President & General Counsel U.S. Nuclear Regulatory Commission Phialdelphia Electric Company Washingten, D.C. 2055 2301 Market Street Philadelphia, PA. 19101 Dr. Richard F. Cole

• Administrative Judge Troy B. Conner, Jr., Esq.

U.S. Nuclear Regulatory Commission Mark J. Wetterhahn, Esq.

Washington, D.C. 20555 Conner and Wetterhahn 1747 Pennsylvania Avenue, N.W.

Dr. Peter A. Morris

• Washington, D.C. 20006 Administrative Judge U.S. Nuclear Regulatory Commission Mr. Marvin I. Lewis Washington, D.C. 20555 6504 Bradford Terrace Phialdelphia, PA. 19149 Mr. Frank R. Romano Air and Water Pollution Patrol James M. Neill, 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 III 1315 Walnut Street, Suite 1632 11 South Merion Avenue Philadelphia, PA. 19107 Bryn Mawr, PA. 19010

Environmental Coalition on Nuclear Power

" Walter E. Cohen Consumer Advocate Dr. Judith H. Johnsrud, Co-Director Office of Attorney General 433 Orlando Avenue 1425 Strawberry Square State College, PA. 16801 Harrisburg, PA. 17120 Thomad Gerusky, Director Robert W. Adler Bureau of Radiation Protection Assistant Counsel Dept. of Environmental Resoureces 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 Sugarman and Denworth Pennsylvania Emergency Management Suite 510 Agency North American Building Basement, Transportation & Safety 121 South Broad Street Building Philadelphia, PA. 19107 Harrisburg, PA. 17120 John Shniper Donald S. Bronstein, Esq.

The National Lawyers Guild Mocting House Law Building & Gallery Third Floor Mennonite Church Road 1425 Walnut Street Schuylkill Road (Route 724) Phiadelphia, PA. 19102 Spring City, PA. 19475 Atomic Safety & Licensing Board

• Robert L. Anthony U.S. Nuclear Regulatory Commission Friends of the Earth of the Washington, D.C. 20555 Delaware Valley .

103 Vernon Lane, Box 186 Atomic Safety & Licensing Appeal Molan, PA 19065 Panel

• U.S. Nuclear Regulatory Commission Alan J. Nogee Washington, D.C. 20555 The Keystone Alliance 3700 Chestnut Street Secretary

• Philadelphia, PA. 19104 U.S. Nuclear Regulatory Commission ATTN; Chief, Docketing & Service Br.

! W. Wilson Goode Washington, D.C. 20555 Managing Director City of Phialdelphia Stephen H. Lewis, Esq.

Phiadlephia, PA. 19107 Office of the Executive Legal Direct U.S. Nuclear Regulatory Commission j

William A. Lochstet Washington, D.C. 20555 119 E. Aaron Drive State College, PA. 16801 t

Charles W. Elliott, Esq.

123 N. 5th Street Suite 101 Allentown, PA. 18102

/

l Steven P. Hershey, Esquire l'