ML20054G314
| ML20054G314 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 06/16/1982 |
| From: | Elliott C, Johnsrud J Environmental Coalition on Nuclear Power, LIMERICK ECOLOGY ACTION, INC. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8206210419 | |
| Download: ML20054G314 (8) | |
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UNITED STATES OF AMERICA f2 2
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- t BEFOPE THE ATOMIC SAFETY AND LICENSING BOARD b
5 ICw In the Matter of Docket Nos. 50-352 5
l PHILACELPHIA ELECTRIC COMPANY 50-353 2
ie (Limerick Generating Station, k
Units 1 and 2) h E
JOINT PETITION FOR LEAVE TO FILE FUEL CYCLE E
CONTENTION BASED UPON NEW INFORMATION
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AND NOW, come the Envrionmental Coalition on Nuclear I
E Power, and Limerick Ecology Action, Inc., Intervenors in the above E
I captioned matter, and petition the Atomic Safety and Licensing Board 5=
j for leave to file a new contention relating to the uranium fuel cycle, 5E
' and set forth the following reasons in support thereof:
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1.
Petitioners, Limerick Ecology Action, Inc.,
(LEA),
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'lhandEnvironmentalCoalitiononNuclearPower, M
(ECNP), are Intervenors
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$5 lt in the above captioned power reactor operating license proceedings, g
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h 2.
In the Supplemental Petition of Coordinated Inter-d venors and ECNP Supplement to Petition for Leave to Intervene, the z
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Intervenors have raised various contentions pertaining to the environment al 1.
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{. impacts, safety of operation, emergency planning, etc. relating to the M
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U Limerick Nuclear Generating Station.
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I 3.
In the Applicant's Environmental Report -
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Construction Permit Stage, there was.no discussion of the Environmental if
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impacts of the uranium fuel cycle associated with the proposed operation
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of the Limerick facility.
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4.
In the Applicant's Environmental Report - Operating i
License Stage, the only discussion of the environmental impacts of the W
E uranium fuel cycle associated with the proposed operation of the Limerick facility appears at Vol.
3, Section 5.9, p.
5.9
-1, et. seq.,
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the discussion being merely a reproduction of Table S-3, 10 CFR 51.20 (e),
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Vol. 44, Fed. Reg. 45362.
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5.
The Table S-3 " fuel cycle rule" required no further
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discussion of the uranium fuel cycle environmental impacts beyond the h
E Table, and the fuel cycle " discussion" in the Environmental Report -
[r Operating License Stage complied with 10 CFR 51.20 (e), with the
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E exception of its failure to discuss the environmental impacts of g
Radon-222 and Technetium-99, and to discuss the health effects from the
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effluents described in the Table.
E 6.
On April 27, 1982, in Natural Resources Defense E
R Council, Inc. et al v.
United States Nuclear Regulatory Commission, et al, c at Docket Nos. 74-1586, 77-1448, 79-2131, the United States Court of Appeals for the District of Columbia Circuit held that The.
final Table S-3 Rule [is] invalid due E
to [its] failure to allow for proper consideration of the uncertainties that underlie the assumption g
that solidified high-level and transuranic wastes will not affect the environment once they are sealed in a permanent respository."
(Slip. op. p.69),
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g The Court ruled invalid the Table S-3 rule, and vacated it.
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A copy of this decision was first received by counsel h
E for LEA on or about May 24, 1982, and by representatives of ECNP in the 5
m beginning of May, 1982.
8.
Based upon this recent decision, which constitutes new information, directly applicable'to this proceeding, and which for E
the first time since the Application for an Operating License raises a
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question about the validity of the Cable S-3 rule, the Joint Petitioners Y
herein seek to admit a new contentien to this proceeding as follows:
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CONTENTIC'I:
5 The Applicant's Environmental Report - Operating 2i' License Stage, insofar as it merely reproduces ha Table S-3, 10 CFR 51.20 (e), inadequately discusses E.
the environmental and health impacts of the uranium
$W fuel cycle associated with proposed operation of j
E the Limerick facility.
E if BASIS:
The ER-OL discussion fails to properly account for the uncertainties that underlie the E
5 assumption that solidified high level and F+
transuranic wastes will not affect the environment M
once they are sealed in a permanent repository.
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This inadequacy is contrary to the mandates of Es 5
the National Environmental Policy Act.
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Further, the underlying finding that nuclear E
E wastes that are sealed in a permanent repository y
1 pose no significant risk of environmental damage e
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is erroneous.
NRDC v. NRC, et al.,
74-1586, E
77-1448, 79-2131 (D.C. Cir.), (Slip. op.,
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pp. 38-39.)
C 9.
The Joint Petitioners' interests will not be h
F adequate ly protected by any means other than admission of a Table S-3
@a fuel cycle contention in-this proceeding inasmuch as a failure to k
s adequately discuss the impacts as set forth in t he contention will result i'
M in an inadequate cost / benefit analysis, and an inadequate evaluation of total environmental impacts of the proposed operation of the plant with g
respect to the Limerick facility.
No other Petitioner or participant h
E in this proceeding has raised the issue of the' inadequacy of discussion
!E of fuel cycle environmental impacts.
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10.
The Joint Petitioners' participation may be expected E
to assist in developing a sound record in this matter, as is evidenced E
Vi by the level of participation of ECNP and LEA in this procee' ding to
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date, and by virtue of ECNP's involvement with, experience in, and f!g g
Fi expertise on fuel cycle issues demonstrated in other proceedings, to E
M wit:
The consolidated radon proceedings before the Conmission and
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Atomic Safety and Licensing Appeal Board, (Docket Nos. 50-277, 278,
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m 50-320, 50-354, 355) and the United States Court of Appeals for the f
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District of Columbia Circuit, and the Proposed Rulemaking on the 7
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Reassessment of Confidence in the Availability of Permanent Disposal of Nu' clear Waste.-and Spent Fuel Storage, Docket No. PR-50,51.
11.
While the admission of this contention will expand h
the issues in this proceeding, Petitioners do not believe that such j5 i
expansion prejudices any party, inasmuch as Petitioners expect that the Court mandate will require amendment of the Table S-3 rule, which 3
S will be a generic determination, and no procedural prejudice ie likely
- a in view of the very early stage of this proceeding.
2 m
No significant delay in the proceeding will result from ij the admission of this contention, inasmuch as the Special Purchasing g$
Y3 Conference order granting intervention status to the Petitioners was issued only as recently as June 1, 1982, and a period of informal
$4 discovery only has been established for the period through September of g
1982.
No hearings have yet been scheduled.
12.
Joint Petitioners believe that based upon the E
iia foregoing, and upon a balancing of the 5-factors set forth in hl 10 CFR 52.714 (a), che new contention set forth in Paragraph 8,
- supra, should be admitted'into this proceeding.
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WHEREFORE, the Joint Petitioners petition the Atomic Safety and L1 censing Board to admit the contention as set forth in the foregoing, and as co-sponsored by ECNP and LEA.
i k U2 M M oul /acs
@ r. Judith H. Johnsrup Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pa. 16801 (814) 237-3900 dah Tharles W.
Elliott, Esquire 123 North Fifth Street Allentown, Pa. 18102 (215) 821-8100 Judith A.
Dorsey, Esquire 1315 Walnut Street, Suite 1632 Philadelphia, Pa. 19107 (215) 735-7200 Counsel for Limerick Ecology Action, Inc.
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f UNITED STATES OF AMERICA b}l. [
i NUCLEAR REGULATORY COMMISSION I
^'
r BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
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I:
In the Matter of PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 353 (Limerick Generating Station, Units 1 and 2)
CERTIFICATE OF SERVICE f
I hereby certify that copies of " JOINT PETITION FOR LEAVE TO FILE FUEL E
CYCLE CONTENTION BASED UPON NEW INFORMATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class.
[
i Lawrence Brenner, Esquire, Chairman Mr. Edward G.
Bauer, Jr.
E Administrative Judge Vice President & General Couasel U.S.
Nuclear Regulatory Commission Philadelphia Electric Company 7
Washington, D.
C.
20555 2301 Market Street Philadelphia, Pa. 19101 ji Dr. Richard F.
Cole Troy B.
Conner, Jr., Esquire k
Administrative Judge Mark J. Wetterhahn, Esquire E
U.S.
Nuclear Regulatory Commission Conner and Wetterhahn
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Washington, D.
C.
20555 1747 Pennsylvania, N.W.
s Washington, D.
C.
20006 5t Dr. Peter A. Morris Mr. Marvin I.
Lewis
[I Administrative Judge 6504 Bradford Terrace m
U.S.
Nuclear Regulatory Commission Philadelphia, Pa. 19146 Washington, D.
C.
20555 James M.
Neill, Esquire Mr. Frank R.
Romano Associate Counsel for Del-Aware Air and Water Pollution Patrol Box 511 5
61 Forest Avenue Dublin, Pa. 18917 E
Ambler, Pa. 19002 R
Joseph H.
White III 1
Judith A.
Dorsey, Esquire 11 South Merion Avenue Limerick Ecology Action Bryn Mawr, Pa. 19010 2
1315 Walnut Street, Suite 1632
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Philadelphia, Pa. 19107 E
e 52 i::
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EnvironmentilCoalition on Nuclear Walter W. Cohen l
Power Consumer Advocate i
Dr. Judith H. Johnsrud, Co-Director Office of Attorney General I
433 Orlando Avenue 1425 Strawberry Square l
State College, Pa. 16801 Harrisburg, Pa. l' t20 Thomas Gerusky, Director Robert W. Adler 1
l Bureau of Radiation Protection Assistant Counsel 1
Dept. of Environmenal Resources Commonwealth of Pennsylvania I
5th Floor, Fulton Bank Building 505 Executive House f
Third and Locust Streets P.
O. Box 2357 l
Harrisburg, Pa. 17120 Harrisburg, Pa. 17120 l
Director 5
Steven P.
Hershey, Esquire S
Pennsylvania Emergency Management Consumers' Education and Agency Protection Association y
Basement, Transportation & Safety Beury Building U
Building 3701 N.
Broad Street y
Harrisburg, Pennsylvania 17130 Philadelphia, Pa. 19140 d
0 John Shniper Sugarman and Denworth y
Meeting House Law Building & Gallery Suite 510 ij Mennonite Church Road, North American Building h
Schuylkill Road (Route 724) 121 South Broad Street
$j Spring City, Pa. 19475 Philadelphia, Pa. 19107 Lb Robert L.
Anthony Donald S.
Bronstein, Esquire 5
Friends of the Earth of the The National Lawyers' Guild
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Delaware Valley Third Floor w
103 Vernon Lane, Box 186 1425 Walnut Street h
Moylan, Pa. 19065 Philadelphia, Pa. 19102 2
5 Alan J.
Nogee Atomic Safety & Licensing Board 5
The Keystone Alliance U. S. Nuclear Regulatory Commissior 5
3700 Chestnut Street Washington, D. C.
20555 Philadelphia, Pa. 19104 Atomic Safety & Licensing h
Appeal Panel W. Wilson Goode U. S. Nuclear Regulatory Commissior y
Management Director Washington, D. C.
20555 g
City of Philadelphia 5
Philadelphia, Pa.
Secretary 5
U. S. Nuclear Regulatory Commissior (
William A.
Lochstet ATTN:
Chief, Docketing and 2
119 E.
Aaron Drive and Service Branch Z
State College, Pa. 16801 Washington, D.
C.
20555
'4.d f/
June /d,1982 Charles W.
Elliott, Esquire
[.h Co-counsel for Limerick
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Ecology Action
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