ML20054G314

Joint Petition for Leave to File Fuel Cycle Contention Based on New Info.Decision of 820427 in NRDC Vs NRC Raises Question About Validity of Table S-3 Rule.Certificate of Svc Encl

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

., r 7 NUCLEAR REGULATORY COMMISSION i C'

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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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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.

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@ 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

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r BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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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

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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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