ML20054C655

Response Opposing Citizens Against Nuclear Dangers 820402 Proposed Findings of Fact & Conclusions of Law.Requirements for Reopening Record Not Met.No Showing That Allegations Raise Significant Safety Issues.Certificate of Svc Encl

ML20054C655
Person / Time
Site:	Susquehanna
Issue date:	04/15/1982
From:	Silberg J ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
NUDOCS 8204210468
Download: ML20054C655 (5)

Text

. April 15, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY' COMMISSION U) ..

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ' C ' jg , -

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PENNSYLVANIA POWER & LIGHT COMPANY )

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and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC. )

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(Susquehanna Steam Electric Station, ) ,

Units 1 and 2) ) J;

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APPLICANTS' RESPONSE TO " CITIZENS AGAINS y[I '. m[

NUCLEAR DANGERS PROPOSED FINDINGS OF FAC qi) * -

x AND CONCLUSIONS OF LAW, BASED ON IMPORTANT NEW INFORMATION AND RECOMMENDATIONS

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TO THE NRC COMMISSIONERS AND THE CONGRESS" In a filing dated April 2, 1982 entitled " Citizens Against Nuclear Dangers Proposed Findings of Fact and Conclusions of Law, Based on Important New Information and Recommendations to the NRC Commissioners and the Congress" ('CAND Motion") intervenor Citizens Against Nuclear Dangers ("CAND") seeks essentially to have the record in this proceeding reopened to consider certain new matters.-1/ These include statements allegedly made by the

,l/ CAND does not describe its April 2, 1982 filing as constituting a motion to reopen the record, but as "present[ing] findings of fact and conclusions of law." CAND Motion at 1. The document, however, contains a repetition of previously-raised complaints about alleged procedural irregularities through the course of this proceeding (see CAND Motion at 2-6), the above mentioned new matters (id. at 6-8),

some argumentative statements about the Applicants ' testimony on Contention 17 (id. at 8-9), and a discussion of a matter disposed by summary disposition over a year ago (id. at 10). Clearly, none of this material constitutes proposed findings of fact and conclusions of law; even if such findings were included, they would be untimely and require no consideration by the Board. Therefore, CAND's filing needs to be addressed only insofar as it implicitly seeks to have the record reopened to consider the identified "new matters."

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Chairman of the Commission regarding "the failure of the utilities' and their vendors quality assurance program" (CAND Motion at 1) ;

the " current investigation of collusion related to the Diablo Canyon safety review" (id.) ; and the " major violations and breakdown of quality control at the Zimmer Nuclear Power Station..." (id.).

CAND has failed, however, to meet the requirements for reopening the record. It is well settled that, in order to reopen the record of a proceeding due to new information, the matter sought to be addressed must be timely presented and raise a significant safety issue. Vermont Yankee Nuclear Power Corp. (Vermont Yankee Nuclear Power Station) , ALAB-138, 6 AEC 520, 523 (1973); Kansas Gas

& Electric Co. et al. (Wolf Creek Generating Station, Unit 1), ALAB-462, 7 NRC 320, 337-38 (1978); Northern Indiana Public Service Co. (Bailly Generating Station, Nuclear-1) , ALAB-227, 8 AEC 416, 418 (1974). Here, CAND has given no indication that the alleged matters would raise significant safety issues in this proceeding. More importantly, CAND has failed to even establish the relevance of the alleged new matters, all of which relate to other applicants and f acilities, to the instant proceeding. Therefore, CAND's motion that the record be reopened to consider these new matters has no basis and should be denied.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 1800 M Street, N.W.

Washington, D. C. 20036 Telephone (202) 822-1000

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By !.. 8*? ) dL L *'Of f,e Jhy Ec Silbdrg, P.C. f Matias F. Travieso-Diaz Co nsel for Applicants Dated: April 15, 1982.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COI1 MISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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PENNSYLVANIA POWER & LIGHT COMPANY )

and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC. ) 50-388

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(Susquehanna Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing

" Applicants' Response to titizens Against Nuclear Dangers Proposed Findings of Fact and Conclusions of Law, Based on Important New Information and Recommendations to the NRC Commissioners and the Congress'" was served by deposit in the United States Mail, First Class, postage prepaid, this 15th day of April, 1982, to all those on the attached Service List.

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Jay E. Silberg  ;

Dated: April 15, 1982

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. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 7

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.. In,the Matter of J .

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PENNSYLVANIA POWER & LIGHT COMPANY '

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Docket Nos'. 50-387

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AND "

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50-388

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ALLEGHENY ELECTRIC COOPERATIVE, INC. )

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(Susquehanna Steam Electric Station, ) .;

2-_ 7. . Units 1 and 2)

. .) . _ .

... . SERVICE LIST- .

Atomic Safety ahd Licensing Secretary of the Commission U.S. Nuclear Regulatory Commi'ssion Board Panel U. S. Nuclear Regulatory Commissic

' - Washington, D.C. 20555 Wasnington, D. C. 20555 ..

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Thomas S. Moore,. Esquire i.

-[J Administrative Judge . ,

Docketing and Service Section ~ ~ "

' . ' " Atomic Safety and Licensin'g' ,

Office of the,Secr'etary ',

. Appeal Board

.. U. S. Nuclear Regulatory.Commissiosi U.S. Nuclear Regulatory Commission

• Was hin gton , _ D..C._.2 055 5

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Washington, D.C. 20555 ' ,, .

Dr. John H. Buck - - i ~ D'r. Judith'H.TJohnsrud Administrative Judge t , Co-Direc' tor ~

Atomic Safety and Licensing .

Environmental Coalition on Appeal Board 1 Nuclear Power U.S. Nuclear Regulatory Commission 433 Orlando Avenue Washington, D.C. 20555 State College, Pennsylvania 16801 ,

James P. Gleason, Esquire- Susquehanna Environmental Advocat@

Administrative Judge c/o Gerald Schultz, Esquire -

513 Gilmoure Drive Post Office Sox 1560 Silver Spring, Maryland 20901 ~ Wilkes-Barre, Pennsylvania 18703 Mr. Glenn O. Bright .

Mr. Thomas J. Halligan, Correspon@

Administrative Judge. ,

The Citizens Against Nuclear Dang @

Atomic Safety and Licensing Post Office Box 5 Board Panel Scranton, Pennsylvania 18501 U.S. Nuclear Regulatory Commission ,

Washington, Da C. 20555 Ms. Colleen Marsh

! Sox 558 A, R. D. #4 Dr. Paul W. Purdom Mt. Top, Pennsylvania 18707 Administrative Judge -

245 Gulph Hills Road Radnor, Pennsylvania 19087

Robert W..Adler, Esquire Mr. Thomas M. Gerusky, Direct Department of Environmental Resources Bureau of Radiation Protectid Commonwealth of Pennsylvania Department of Environmental 505 Executive House Resources Post Office Box 2357 Commonwealth of Pennsylvania Harrisburg, Pennsylvania 17120 Post Office Box 2063

.- Harrisburg, Pennsylvania 17]

Janes F.. Cutchin, IV, Esquire

• Office of the Executive Legal Atomic Safety and Licensing j Director

- Board Panel U . 'S . Nuclear Regulatory Commission U. S. Nuclear Regulatory Com:

Washington, D. C. 20555 Washington, D. C. 20555 DeWitt C. Smith*

Director Pennsylvania Emergency Management Agency Transportation and Safety Building Harrisburg, Pennsylvania 17120 6 -

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