ML20053D082
| ML20053D082 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 05/26/1982 |
| 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 8206040043 | |
| Download: ML20053D082 (5) | |
Text
._
UNITED STATES OF AMERICA P ' ' ? ';
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD N CI 20 All 3' 9
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IN THE MATTER OF
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5
) Docket No. (0-155-OLA-CONSUMER POWER COMPANY Spent Fuel PoolY4odification (Big Rock Point Nuclear Power Plant)
)
)
INTERVENORS' RESPONSE TO LICENCEE'S MOTION TO RESTRAIN STAFF FROM SEEKING RELEVANT INFORMATION AND INTERVENORS' ADDITIONAL GROUNDS IN SUPPORT OF MOTION TO CONTINUE THE PROCEEDING UNTIL STAFF IS PREPARED TO PROCEED t
AND INTERVENORS MOTION TO RESTRAIN CONTINUED Ex-PARTE COMMUNICATIONS Licensee, by letter dated May 25, seeks to restrain the Staff from obtaining information Staff regards necessary not only for this proceeding, now scheduled for hearing June 7, but also to carry out Staff's general responsibility for the health and safety of the public.
Licensee's letter offers no reason why a restraining
- order should be ' issued. Indeed, on the very same date as licensee's letter, licensee contended in the telephone conference with Judges Block and Shon that the Licensing Board has no jurisdiction to ps 3 o
s 8206040043 820526 Ih PDR ADOCK 05000155 Q
restrain informal divcovery being conducted by the Staff and Licensee.
In allowing the informal discovery to' proceed, the questions by Judge Block seemed to indicate reliance on the Staff's assertion that the information was needed for general health and safety responsibility as well as the instant proceed-ing.
The letter from URC Assistant Director for Safety Assessment, Mr. Gus C. Lainas to Consumer Power Company, dated May 21, 1982 (attached to Mr. Gallo's May 25th letter) demonstrates that the Staff cannot proceed with a hearing on June 7th.
In Intervenors motion for a continuance, we invited Staff to file a written response as to whether Staff will be fully prepared on June 7th.
Mr. Goddard, counsel for Staff advised the undersigned on May 25th that Staff would not respond in writing unless ordered to do so by this Board.
Intervenors request such an. order issue.
Mr. Goddard orally stated Staff was prepared for the hearing. However Mr. Lainas points out that the Staff found errors in the origi_nal report of the NUS Corporation submitted by licensee in 1980 on the very integrity of the spent fuel pool in the event of'a loss 'of coolant.
NUS submitted a revised analysis on April 30th, but the Staff has determined it too contains "several basic errors" The errors and deficiencies are so serious "that the analysis is not suffi-cient to assure the structural integrity of the pool would be maintained if pool cooling is lost."
Therefore, the Staff requests a justification, why continued operation of Big Rock Point should be i
permittad a corrected revision of the latest NUS report (a schedule of 9 errors is given) and either a new comprehensive analysis or provision of safety grade design features.
The Staff has requested the information by June 14th, the day l
! 't
before the hearing is scheduled to end.
In the face of these facts, Intervenors submit that it would be in callous disregard of the public safety to proceed to a hearing on June 7th.
No one has ever explained why this case must be tried in June with important questions not resolved, rather than in September.
As detailed in Intervenors' motion for a continuance, the only possible disadvantage that Licensee can even claim is an additional three month shutdown in the event an inspection or other event required complete discharge-of the core.
Licensee and Staff continue to claim there is no health and safety problem in operating without capacity to unload the full core.
The pressure to proceed on June 7th is approaching hysterical proportions when measured against :the absence of any apparent reason why the hearing must commence on that day.
Intervenors therefore request that the Board order Staff to explain in writing how it can proceed on June 7th in light of Mr. Lainas May 21 letter."
Secondly, Intervenors again move for a continuance so this hearing
_ can proceed when all relevant information is available and so that a bi-furcated hearing will be avoided.
Ex-PARTE COMMUNICATIONS Mr. Lainas letter of May 21st is another in the stream of ex-parte communications between Staff and Licensee from which Interventors are excluded.
Intervenors did not receive a copy of this letter until it received Mr. Gallo's May 25th letter to which the May 21 letter was attached.
The May 21 letter expressly states that "[wle are looking at these issues in connection with developing staff testimony for the ongoing proceeding relating to your proposed expansion of the spent fuel pool..."
I Accordingly, Intervenors request that the Board order all ex-parte communications betweeen Staff and Licensee to cease immediately.
Respectfully submitted, 2
h Herbert Semmpl Attorney for'Intervenors Christa Maria, Mills & Bier Antioch School of Law 2633 16th Street, N.W.
Washington, D. C.
20009 (202) 265-9500 Ext. 240 or 241 CERTIFICATE OF SERVICES I certify that a copy of the foregoing was served on the attached list by United States mail, first class postage prepaid on the 26th day of May, 1982.
f He'rbert Semmel {
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l Ate.ic Safety and Licensing JerspF Calle, T.nqui re Ecard Panel Ishe, Lintn3n and Beale 3
U.S. Nuclea r Regulatory 1120 Cor.necticutt' Ave, N.W.
Cor.r.: s s ic n Suisc 325 Washingter., D.C.
20555 Washington, D.C. 20036
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, Esq., Chairman Peter B..Dloch, Atomic Safety and Licensing
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if, Board Pane 1 U.S. Nuclear Regulatory i
Commission
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.l -g' Washington D.C.
20555
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k Dr. Oscar H. Paris Atomic Safety and Licensing l
8 Board Panel U.S. Nuclear Regulatory Docketine and Service Section Commission of fice of the Secretary Washington D.C.
20555 U.S. Nuclear Regulatory Cort.ission Mr. Fredrick J. Shon Washington, D.C.
20555 Atomic Safety and Licensing Board Panel John.O'Neill, II Reute 2, Box 44 U.S. Nuclear Regulatory Haple City, MI 49664 Commission Washington D.C.
20555 Richard Godd<N StaN Counsel for N
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U.S. Nuclear Regulatory l
Cor.ission Washineton, D.C.
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