ML20062F121
| ML20062F121 | |
| Person / Time | |
|---|---|
| Site: | Hartsville  |
| Issue date: | 11/15/1978 |
| From: | Ellis L, Pyle R ELLIS, L.J., PYLE, R.B. |
| To: | |
| References | |
| NUDOCS 7812140247 | |
| Download: ML20062F121 (4) | |
Text
.
g \\ @ /,g NRC PL2LIC DCT..ZC 20C11 c@"i UNITED STATES OF AMERICA J
1 A
^
.!D. o-
-r i
oO
?s
- n.,
,g's ' <. #
M NUCLEAR REGULATORY COMMISSION Y..f,.**
s ~.
tv
,Gi i ))~~_ - 7L,5 \\ Before the Atomic Safety and Licensing Appeal Board
'6 n-In the Matter of
)
)
TENNESSEE VALLEY AUTHORITY
)
Docket Nos.
STN 50-518
)
STN 50-519 (Hartsville Nuclear Plants
)
STN 50-520 Units lA, 2A, 1B, 2B)
)
STN 50-521
)
l l
(
EXCEPTIONS OF INTERVENORS TO DECISION ON MOTION FOR
SUMMARY
DISPOSITION Pursuant to 10 CFR Section 2.762(a), Intervenors,2 William N. Young, et al (Intervenors), hereby appeal frcm the Decision on Motion for Summary Disposition of the Atcmic Safety and i
Licensing Board (ASLB) dated October 31, 1978 and submit t.he following exceptiens:
(References are to the pages within the Slip Opinion.)
l
- 1. The ASLB erred on page 5 in finding that there is not a genuine issue of material fact to be heard as to TVA's statement of fact No. 3.
- 2. The ASLS erred on page 7 in finding that there is
(.
no longer any genuine issue of fact to be heard as to TVA's statement of fact No. 4.
- 3. The ASLB erred on page 10 in finding that there is i
no longer any genuine issue of material fact to be heard as to TVA's statement of fact No. 5.
I 781214oM7
~
- 4. The ASLB erred on page 12 in finding that there is no genuine issue of material fact to be heard as to TVA's statement of fact No. 6.
- 5. The A'SLB erred on page 15 in failing to require, as a condition for the construction of the discharge diffuser, a requirement that the applicant, during the plant operating phase, monitor certain minimum impacts of the operation of the plant upon Lampsilis orbiculata, so long as that species is subject to the protection of the Endangered Species Act.
- 6. The ASLB erred on page 16 in finding that there is not a genuine issue of material fact to be heard as to TVA's statement of fact No. 7.
- 7. The ASLB erred on page 17 in finding that the filings in this proceedings, the depositions [ sic), answers to interrog-atories, together with the statements of the parties and the affidavits, show that there is no genuine issue as to any material fact and that the Applicant is entitled, as a matter of law, to a summary decision approving construction of the discharge diffuser at a point between Dixon Island and the upstream end of the mussel bed.
Res ctf' lv
- ubmitted,
/
November 15, 1978
/'
I i' '
7 I LEROY JJ ELLIS, III 421 Cdfrlotte Avenue Nashv11',, Tennessee 37219
'YlO i
PpBERT B. ' PYLE I700 Hayes Street Nashville, Tennessee 37203 Attorneys for Intervenors,
~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licei.;ing Appeal Board In the Matter of
)
l
)
TENNESSEE VALLEY AUTHORITY
)
Docket Nos.
STN 50-518
)
50-519 (Hartsville Nuclear Plants
)
50-520 Units 1A, 2A, 1B, and 2B)
)
50-521 CERTIFICATE OF SERVICE I hereby certify that I have served the original and twInty conformed copies of the following documents on the Nuclear Regulatory Commission by depositing them in the United States mail, postage prepaid and addressed to Secretary, U.S.
Nuclear Regulatory Commission, Washington,'D.C., 20555, Attention:
Chief, Docketing and Service Section:
EXCEPTIONS OF INTERVENORS TO DECISION ON MOTION FOR
SUMMARY
DISPOSITION and that I have served a copy of each of the above documents upon the persons listed below by depositing it in the United States mail, postage prepaid and addressed:
l
Alan S.
Rosenthal, Esq., Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Ccmm.
Washington, D.C.,
20555 9
Dr. John H. Buck Atoniic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comm.
Washington, D.C.,
20555 Mr. Jerome E. Sharfman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comm.
Washington, D.C.,
20555 I'
John F.
Wolf, Esq., Chairman Atomic Safety and Licensing Board 3409 Shepherd Street Chevy Chase, Maryland, 20015 Dr. J. V.
Leeds, Jr.
10807 Atwell Houston, Texas, 77096 Dr. Forrest J.
Remick 207 Old Main Building Pennsylvania State University University Park, Pa.,
16802 Alvin H. Gutterman, Esq.
Attorney for Applicant Division of Law Tennessee Valley Authority Knoxville, Tennessee, 37902 William Hubbard, Esq.
William M.
Barrick, Esq.
l l
Assistant Attorneys General 450 James Robertson Pkwy.
Nashville, Tennessee, 37219 William D.
Paton, Esq.
Office of the Executive Legal Director 1,
U.S. Nuclear Regulatory Comm.
Washington, D.C.,
20555 i
f This day of s
\\
('
[.C 1
f 'U 4w hfl-
/
f.
%~
1978 l
^ &
LEROY J,/EL III Attorney fo,LIS, i
r Intervenors, William NI Ycung, QQ nl