ML20067D774

Answer Supporting NRC 821122 Motion for Summary Disposition of Issues 11 & 12.Sunflower Alliance Withdrew Issue 11 on 821110.No Genuine Issue of Matl Fact Remains for Issue 12. Certificate of Svc Encl

ML20067D774
Person / Time
Site:	Perry
Issue date:	12/16/1982
From:	Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8212210321
Download: ML20067D774 (5)

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'J%R C December #826l)BL$52 All:06 UNITED STATES OF AMERICA hhhdiG'SkVd i NUCLEAR REGULATORY COMMISSION ORAPCH Before the Atomic Safety and Licensing Board In the Matter of )

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THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 1 ILLUMINATING COMPANY, ~~et al. ) 50-441 1

) l (Perry Nuclear Power Plant, )

Units 1 and 2) )

APPLICANTS' ANSWER IN SUPPORT OF NRC STAFF MOTION FOR

SUMMARY

DISPOSITION OF ISSUES 11 AND 12 1

On November 22, 1982, the Nuclear Regulatory Commission Stsff (" Staff") filed a Motion for Summary Disposition of Issues 11 and 12. Applicants support the Staff's motion and agree that there is no genuine issue of material fact to be heard with respect either to Issue No. 11 or Issue No. 12.

Issue No. 11 states that:

The Environmental Impact Statement (EIS) accords too much weight to increased employment and tax revenues to the local community, factors which may not be weighed directly in the cost-benefit balance.

The Staff's motion and accompanying Affidavit of Brian J. Richter Concerning Issue 11 confirm that the indirect benefits to the local community which were listed in the Perry Nuclear Power Plant Draft Environmental Statement were not considered in the cost-benefit balance but were included only for informational purposes.

i 8212210321 821216 PDR ADOCK 05000440 0 PDR .pgC3

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l The Final Environmental Statement ("FES") for Perry also makes clear that these benefits were not considered. See FES at 6-3, footnote.

At any rate, the Staff's motion with respect to Issue No.

11 is moot. By Notice of Withdrawal of Issue No. 11, dated l

November 10, 1982, Sunflower Alliance Inc., et al. (" Sunflower")

has removed Issue No. 11 as a contention in this proceeding.

Sunflower's Notice agrees that "the Final Environmental State-ment eliminates the issue." In view of Sunflower's withdrawal of the contention, the Staff's motion for summary disposition of Issue No. 11 is, strictly speaking, unnecessary.

Issue No. 12 states: l l

The Final Environmental Statement for the Perry Nuclear Power Plant is deficient because it has not adequately considered the economic effects of serious nuclear accidents, using a technique similar to that used in NUREG/CR-2591.

The Staff's motion and the Affidavit of Brian J. Richter Con-cerning Issue 12 explain that NUREG/CR-2591 is a preliminary study utilizing an economic model which is neither reliable nor comprehensive, and that the document does not offer an adequate, let alone superior, alternative to the CRAC model used for the Perry FES. The Richter Affidavit also states that employing the methodology of NUREG/CR-2591 would not significantly affect the cost-benefit conclusions of the Perry FES. Thus, there are no genuine issues of material fact regarding the contention.

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l Fcr all of the above reasons, the NRC Staf:2 Motion for Summary Disposition of Issues 11 and 12 should be granted.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE BY: 6 ./ f AY E. SILBERG, {.C.

! Counsel or/ Applicants 1800 M Street, N.W.

Washington, D.C. 20036 (202) 822-1063 DATED: December 16, 1982.

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December 16, 1982 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Mntter of )

)

THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY, -et al. ) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " Applicants' Answer in Support of NRC Staff Motion for Summary Disposition of Issues 11 and 12" were served by-deposit in the United States

Majl, First Class, postage prepaid, this 16th day of December, l

1982, to all those on the attached Service List.

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DATED: December 16, 1982

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board l In the Matter of )

)

! THE CLEVELAND ELECTRIC ) Docket Nos. 50-440 ILLUMINATING COMPANY ) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

SERVICE LIST Peter B. Bloch, Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Appeal Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissi@ '

Washington, D.C. 20555 Washington, D.C. 20555 1

Dr. Jerry R. Kline Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commissi@

Washington, D.C. 20555 Washington, D.C. 20555 Mr. Frederick J. Shon James M. Cutchin, IV, Esquire Atomic Safety and Licensing Board Office of the Executive U.S. Nuclear Regulatory Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commissi@

Washington, D.C. 20555 Christine N. Kohl, Chairman Atomic Safety and Licensing Ms. Sue Hiatt

! Appeal Board OCRE Interim Representative U.S. Nuclear Regulatory Commission 8275 Munson Avenue Washington, D.C. 20555 Mentor, Ohio 44060 Dr. John H. Buck Daniel D. Wilt, Esquire Atonde Safety and Licensing Post Office Box 08159 Appeal Board Cleveland, Ohio 44108 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Donald T. Ezzone, Esquire Assistant Prosecuting Attorney Gary J. Edles, Esquire Lake County Administration Centez Atomic Safety and Licensing 105 Center Street Appeal Board Painesville, Ohio 44077 i U.S. Nuclear Regulatory Commission Washington, D.C. 20555 John G. Cardinal, Esquire Prosecuting Attorney Atonde Safety and Licensing Ashtabula County Courthouse Board Panel Jefferson, Ohio 44047 U.S. Nuclear Regulatory Commission l Washington, D.C. 20555 Terry Lodge, Esquire i 915 Spitzer Building Toledo, Ohio 43604

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