ML20054L449

Response to Prairie Alliance 820616 Resubmittal of Proposed Supplemental Contention 7.ASLB Should Defer Ruling on Admissibility of Contention.Parties Should Be Directed to File Briefs.Certificate of Svc Encl

ML20054L449
Person / Time
Site:	Clinton
Issue date:	07/02/1982
From:	Gutierrez J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8207080131
Download: ML20054L449 (5)

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^6 July 2, 1982 UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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ILLIN0IS POWER COMPANY, et al. Docket No. 50-461 OL (Clinton Power Station, Unit 1 )

NRC STAFF RESPONSE TO PRAIRIE ALLIANCE'S RESUBMITTAL 0F PROPOSED SUPPLEMENTAL CONTENTION NO. 7 I. INTRODUCTION On June 16, 1982, Prairie Alliance resubmitted proposed supplemental Contention 7 relative to the failure of the Applicants and NRC Staff to consider the psychological stress and trauma which may be experienced by persons residing in DeWitt County, Illinois, due to the operation of Clinton Power Station and other associated activities.1/ Proposed supplemental contention 7 states:

"The Applicant and the NRC Staff fail to adequately consider the psychological stress and trauma, and mitigation thereto, which will be experienced by persons residing in DeWitt and surrounding counties caused by: (a) the operation of the Clinton Plant; (b) emissions of radioactivity accidental and planned, by the plant; (c) transportation of spent l nuclear fuel from the plan [ sic] through said l communities; (d) on site storage of spent nuclear I

fuel; (e) possibility of future accidents involving occurrences, design basis accidents and beyond design basis accidents, including, but not limited to, events such as the 1979 TMI near meltdown; and (f) emergency and/or evacuation planning."

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-1/ Prairie Alliance first submitted this contention in " Prairie Alliance's Proposed Supplemental Contentions" dated March 25, 1982.

Subsequently, Prairie Alliance withdrew this contention. See Prairie Alliance Brief In Support Of Supplemental Contention" dated l A.pril 12, 1982.

4 DESIGNATED,0RIGINAL 8207080131 920702 Ce i By M PDR ADOCK 05000461 C

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It is the position of the NRC Staff that this Board should defer I ruling on the admissibility of this contention.

II. DISCUSSION The basis upon which Prairie Alliance reasserts this contention is the recent decision by the United States Court of Appeals for the District of Columbia in People Against Nuclear Energy v. U.S. Nuclear Regulatory Commission F.2d (D.C. Cir., 1982) (No. 81-1131)

(0 pinion Filed May 14, 1982) (hereinafter referred.to as PANE). Since the determination of whether the PANE decision has applicability to other NRC proceedings, such as Clinton, will have a broad impact upon Commission licensing activities, the Staff anticipates that the Commission will be offering instructions or guidance to Licensing Boards and to the Staff on this matter. Accordingly, the Staff submits that the Licensing Board should hold in abeyance its ruling on the admissibility of Prairie Alliance's proposed supplemental contention 7 until the Commission has spoken.

Prairie Alliance maintains that PANE held "that potential harms to l

psychological health and community well-being are indeed environmental impacts which sre cognizable under the National Environmental Policy Act

! (NEPA), . . ." The Staff notes that this case need not be read so broadly. Specifically, the case held that post traumatic psychological l health effects are cognizable under NEPA. PANE Slip Op. at 13. The D.C.

Circuit stated:

"[W]e conclude that PANE's allegation-in the wake i of a unique and trauratic nuclear accident-that renewed operation of TMI-1 may cause medically 1

recognized impairment of the psychological health

of neighboring residents is cognizable under NEPA.

PANE Slip Op. at 16.

The psychological stress which the D.C. Circuit found cognizable under NEPA was the specific psychological impairment which may be caused from the restart of TMI-1. The Court did not hold that general anxiety over having a nuclear facility in one's area is cognizable under NEPA.

PANE Slip Op. at 16-17.

In any event, no useful purpose is served by the parties detailing their interpretation of the PANE decision's applicability to this proceeding since it is expected the Comission will shortly issue guidance in this area.

III. CONCLUSION For the reasons aforesaid, the Staff submits (i) the Board should defer ruling on proposed supplemental contention 7 until the Comission has provided direction and (ii) direct the parties to file briefs on proposed contention 7 following the Comission's guidance.

Respectfully submitted, n

k. l Jay M. Gutierrez Counsel for NRC Staff Dated at Bethesda, Maryland this 2nd day of July, 1982.

t UNITED STATES OF AMERICA 7

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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ILLIN0IS POWER COMPANY, et al. ) Docket No. 50-461 OL

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(Clinton Power Station, Unit 1) )

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CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF RESPONSE TO PRAIRIE ALLIANCE'S RESUBMITTAL 0F PROPOSED SUPPLEMENTAL CONTENTION N0. 7 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 2nd day of July, 1982.

Sheldon A. Zabel, Esq.

Hugh K. Clark, Esq., Chairman William van Susteren, Esq.

Administrative Judge Schiff, Hardin & Waite P.O. Box 127A 7200 Sears Tower Kennedyville, Maryland 21645 233 South Wacker Drive Chicago, Illinois 60606 Dr. George A. Ferguson Administrative Judge Philip L. Willman, Esq.

School of Engineering Assistant Attorney General Howard University Environmental Control Division 2300 Sixth Street, N.W. 188 West Randolph Street, Suite 2315 Washington, D.C. 20059 Chicaco, Illinois 60601 Dr. Oscar H. Paris

• Mr. Herbert H. Livermore Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Clinton Nuclear Power Station U.S. Nuclear Regulatory Commission RR 3, Box 229A Washington, D.C. 20555 Clinton, Illinois 61727 Prairie Alliance Jeff Urish, Vice President P.O. Box 2424 Bloomington-Normal Prairie Alliance Station A 730 Wilkins Champaign, Illinois 61820 Normal, Illinois 61761

Reed Neuman, Esq. Gary N. Wright

Assistant Attorney General Illinois Department of Nuclear Safety 500 South Second Street 1035 Outer Park Drive, 5th Floor Springfield, Illinois 62701 Springfield, Illinois 62704 Atomic Safety and Licensing Atomic Safety and Licensing Board Panel

• Appeal Board Panel

• U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Docketing and Service Section* Jan L. Kodner, Esq.

Office of the Secretary 173 W. Madison Street U.S. Nuclear Regulatory Commission Suite 1004 Washington, D.C. 20555 Chicago, IL 60602 (LW. h Jay 9. Gut 1prrez c/

tou()nsel foY NRC Staff 4

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