ML20054A616
| ML20054A616 | |
| Person / Time | |
|---|---|
| Site: | Susquehanna  |
| Issue date: | 04/15/1982 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8204160010 | |
| Download: ML20054A616 (4) | |
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STAFF 4/15/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PENNSYLVANIA POWER AND LIGHT C0.
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Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC.
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50-3 l
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- s NRC STAFF'S ANSWER TO MOTION OF CITIZENS AGA f4 W
DANGERS DATED MARCH 26, 1982 H
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I.
INTRODUCTION On March 26, 1982 Citizens Against Nuclear Dangers in a sin ehd filing moved the Licensing board as follows:I/
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To order the Applicants to conduct a complete re-test of the ~
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To order the NRC Solicitor General & Inspector General, or other investigative officer, to review the public hearing testimony on Contentions 6 and 20, identify the apparent instances of misrepresentation and/or perjury by the Applicants, PEMA and FEMA and turn over the findings to the Justice Department.
3.
To order the inclusion of all Applicant, PEMA, FEMA, NRC, and local governnent documents pertaining to the emergency plan in the public hearing record, and the forwarding of copies of all these papers to all parties.
For the reasons set forth below the Staff believes that the motion must be denied.
II.
DISCUSSION The CAND Motion was acconpanied by a two-paged document entitled
" Citizens Against Nuclear Dangers Proposed Findings of Fact and
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" Citizens Against Nuclear Dangers Motion Before the Atomic Safety and Licensing Board Concerning the Berwick Emergency Plan" dated March 26, 1982.
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- Conclusions of Law for the Emergency Evacuation Plans" that also was dated March 26, 1982.
The two-paged document apparently is intended by CAND to provide support for the motion.
Contrary to the implication in its title the two-paged document does not propose findings of fact and conclusions of law based on the evidentiary record.
It merely makes a totally unsupported assertion that emergency drills conducted on or about March 18, 1982 were " inadequate, inconclusive and apparently fraudulent." No affidavits were supplied to support the assertions or to identify specific alleged inadequacies in the emergency exercise.
Nor does CAND identify specific regulatory requirements that in its view have not been satisfied.
CAND merely advances its self-serving conclusion "that the Applicants, the Pennsylvania Emergency Managment Agency (PEMA),
and the Federal Emergency Management Agency (FEMA) are in violation of federal and state laws in this matter".
In the Staff's view, CAND has failed to justify its requests for relief.2_/ CAND's failure to support its conclusory allegations dictates that CAND's motion be denied.
III.
CONCLUSION For the reasons set forth above the CAND motion should be denied.
Respectfully submitted, xsq -
James M. Cutchin, IV Counsel for NRC Staff Dated at Bethesda, Maryland this 15th day of April, 1982
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floreover, it is not bevond question, in the view of the Staff, whether the Licensing Board could grant most of the specific relief requested even if the CAND assertions were true.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PENNSYLVANIA POWER AND LIGHT C0.
Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC.
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50-388 (Susquehanna Steam Electric Station, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER TO MOTION OF CITIZENS AGAINST NUCLEAR DANGERS DATED MARCH 26, 1982", dated April 15,.1982 in.the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of April,1982:
James P. Gleason, Chairman Dr. Judith H. Johnsrud Administrative Judge Co-Director 513 Gilmoure Drive Environmental Coalition on Silver Spring, MD 20901 Nuclear Power 433 Orlando Avenue
- Mr. Glenn 0. Bright State College, PA 16801 Administrative Judge Atomic Safety and Licensing Board Mr. Thomas M. Gerusky, Director U.S. Nuclear Regulatory Commission Bureau of Radiation Protection Washington, DC 20555 Department of Environmental Resources Commonwealth of Pennsylvania Dr. Paul W. Purdom P.O. Box 2063 Administrative Judge Harrisburg, PA 17120 245 Gulph Hills Road Radnor, PA 19087 Ms. Colleen Marsh Box 538A, RD#4 Jay Silberg, Esq.
Mountain Top, PA 17120 Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.
Mr. Thomas J. Halligan Washington, UC 20036 Correspondent:
CAND P.O. Box 5 Bryan A. Snapp, Esq.
Scranton, PA 18501 Pennsylvania Power & Light Company Two North Ninth Street Allentown, PA 18101 7
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. *Dr. John H. Buck, Administrative Judge G. Rhodes
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Resi'ent Inspector d
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission P.O. Box 52 Washington, DC 20555 Shickshinny, PA 18655
- Mr. Thomas S. Moore, Administrative Judge Robert W. Adler Atomic Safety and Licensing Appeal Board Dept. of Environmental Resources U.S. Nuclear Regulatory Commission 505 Executive House Washington, DC 20555 P.O. Box 2357 Harrisburg, PA 17120
- Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Conunission 11r. DeWitt C. Smith, Director Washington, DC 20555 Pennsylvania Emergency Management Agency
- Atomic Safety & Licensing Appeal Board Transportation and Safety Building Panel Harrisburg, PA 17120 U.S. Nuclear Regulatory Conunission Washington, DC 20555 Susquehanna Environmental Advocates
- Secretary c/o Gerald Schultz, Esq. -
U.S. Nuclear Regulatory Commission P. O. Box 1560 ATTN: Chief, Docketing & Service Branch Wilkes-Barre, PA 18703 Washington, DC 20555 k-c_.
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% QV James M. Cutchin, IV i
Counsel for NRC Staff I
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