ML20069L870
| ML20069L870 | |
| Person / Time | |
|---|---|
| Site: | Washington Public Power Supply System |
| Issue date: | 04/28/1983 |
| From: | Reynolds N DEBEVOISE & LIBERMAN, WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8305020473 | |
| Download: ML20069L870 (6) | |
Text
&ED UNITED STATES OF AMERICA
,03 NUCLEAR REGULATORY COMMISSION f?pp A8:5; BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
.qq In the Matter of
)
)
WASHINGTON PUBLIC POWER
)
SUPPLY SYSTEM
) Docket No. 50-460-OL
)
(WPPSS Nuclear Project No. 1)
)
?
APPLICANT'S MOTION TO STRIKE Pursuant to 10 C.F.R.
$2.730, the Washington Public Power Supply System (" Applicant") hereby moves to strike from the record in the captioned proceeding the Wall Street Journal article appended to " Petitioner's Response to Applicant's Motion for Reconsideration and/or Certifi-cation."
Applicant further moves to strike all references to that article in petitioner's response.
Applicant an moves for a number of reasons.
- First, the article itself is of insufficient probative value to warrant inclusion in the record.
Petitioner cites the article apparently for the proposition that there have been a number of instances in which employees have faced economic reprisal for " anti-nuclear" activity.
- However, the article only references allegations by a plant worker who, so far as Applicant is aware, has not presented such
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claims to the proper forum for adjudication.
Under these 8305020473 830428 PDR ADOCK 05000460 0
PDR go3
. circmstances, such article is not admissible because it is not reliable evidence of petitioner's allegation.1 In short, petitioner asks this Board to accept as support for its position tiie unverified claim of an individual, as summarized in a newspaper article.
Applicant believes that to do so would be inconsistent with Section 2.743(c) of the NRC Rules of Practice.
Second, Applicant notes that the newspaper article petitioner seeks to have included on the record appeared on April 4, 1983 of the Wall Street Journal, as the attached copy of the article reflects.
Petitioner claims, apparently arroneously, that such article was published on April 5, 1983.
Without belaboring.the point, this is the second time. petitioner has submitted newspaper articles to the Board for inclusion in the record,2 and it is the second time that petitioner has failed to include the correct publication date of such articles.3 1
10 J.F.R. $2.743(c); Duke Power Company (McGuire Nuclear Station, Units 1 and 2), ALAB-669, 15 NRC 453, 467-77(1982);
cf..' Illinois Power Company (Clinton Power Station, Units 1 and 2T, LBP-75-59, 2 NRC 579, 587-88 (1975) (excluding testimony of expert witness as irrelevant,, immaterial and unreliable when testi' mony rested not on qualifications of witness but on newspaper and magazine articles).
2 See petitioner's March 7, 1983 letter to the Licensing Board transmitting what was purported to be a February 26, 1983 newspaper article in the Oregon.ian.
3 See Applicant's March 18, 1983 letter to the Board.
o In any event, the burden rests with petitioner to identify the full and correct location and date of publi-cation and to demonstrate the propriety of including such article in the record of this proceeding.4 Petitioner has failed to meet this burden.5 In light of the foregoing, Applicant requests that the newspaper article appended to petitioner's April 11, 1983 response as well as all references to such in its response be stricken.
Respec f ly su mitted, I
f
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l t
Nichoffs S/.
Reynolds Sanforp L/ Hartman DEBEVpJSEf&
LIBERMAN 1200 @vept, eenth St.,
N.W.
Washingtou D.
C.
20036 202/857-9817 Counsel for Applicant April 28, 1983 l
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i 4
Cf Consolidated Edison Company of New York, Inc., (Indian Point Station, Units 1, 2 and 3), CLI-77-2, 5 NRC 13, 14~
l (1977); 10'C.F.R. $2.732.
5 Applicant notes that petitioner never even formally moved that the Board cons'ider this extra-record evidence, but rather simply appended the_ newspaper article on its own initiative.
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l On this ground alone, the article and all references in its l
response thereto should be struck.
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12.Tiit WAi.s.3dflT sotAtut WfPSS, With 4oI5NuclearPlantsStalled WiM*X,Tt :*w r"",, t**','te;?
-,. w. ""
- o'TA*n" says Matt Dillnn, a dissi-bross in power.
Or Scrapp"ed, Faces New Delay at Sth Unit
%.nev,ne necia aa n r'a 'er ~n ' ' a r*='"er ev-fM /-
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that indtrates any e( the haftlware has a years t ausually bravy minter rains have power sureus neccted to Lut four e
By Ncansan Towntrs raised hPirceiectric power reneranon. The Yoti reicaing rudhing to mff are=e* t== wa= s***a N===
Pr'b'**gt
- "rw Pnwie reen sursd/ Sysie In a yms rnaay nu+ar pawn neusen and Industnal ntencinnat han chance on mur business trip whwh has canreied ice er nye planned.m.
plants have faced startup daisys snr inspec-added ta
- surre a. as has conservanom DbN cfrar pnwer plants and slowed construrtlen tlans and other regulatory reasrms. They spurred by BTf1Sindutett rate %eresses.
of two others.' faces oneertalnty over the can't be precluded for tries plant. tel enr.
Ilonne-IIIe is trying to self the power to
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slarlap of its one remaining plant, restly there aren t any kusning. The Ngerst Califnrnia utilitks. tmt the Californtare are I
q.f,!
IAtated at Richland. Wash the plant.
potential nhstacle, says Mr. Siernberg. Is seeking a price that doesnt ecme close to l-5}
wNen the utility system designates as plant what the commitsten rafts *~lnterveners."
serviring the plant's drhts. "We scuhl end No. 2. Is atout 9% complete and 15 sched.
grenpi or gersons who may chanenge incens up eMdtnng California." cimplams Mr.
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eled lar fuel inading in September and com-Int et the plant. But this riant darse t have Dillon. s
' h h
I mercial operallon nett February, any, and corrently "there's no real basis for Eronontic ()peration $cca But HTPSS and the lederal Bnnnevifle anytedy to clatm Intervener status In the But flonnevti:e othclats say the lucre.
1
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Power AdmtMstration which has enntracled plant." says Mr. Sternherg.
mental cost of operstleg the plant isn't 8
v le buy all the power it produces lace two Nanetheks a laesult srve may raise morb tempa-ed with the cost of building n I
i p
l probierns that csWd result in ivrihre de.
questions ahnet the plant s safety. Richard W M N W hr ek k n **h l
lays.
IL Bennett. a RicMand attorney, says he a e a of j
First, consirvethm funds for the plant plans to flie salt agamst a pinM comractor fp
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l will run eut in May ee June, with shout 5the on behalf of a verter e$o alleres that re-mithre needed to templete it. Bonneville tard terpmg prehleros comtnsed afler the Separately, a county judge in Seattle last 1
NRC alinwed work to tesume. The worke week freed the sunly system to take action has sahl it will provide the money tf neces.
Jants Carle. says the lame accurred in km,r,.
st"lMt 5 municipal utilt9es that have re.
d h
l sary. but the agency mlgitt face congfes.
l slanal restslance to surli ald. and fears of a ottnr dataments strel Idr ng and va!ve fused to pay their share of the 22.5 bilUan in e
l y,
HTPSS delanft en some earlier borrosiers pegN* Int and tsuld prevent faults from be.
det( atsatiated with the canceled plaatt are making ceneentional Irnders leery,og lag enrrected. lendtar to salety deficlearles The p. who in 1976 slened contracts to k*? ping cist..
She says she was la6d oli for trying to et psy, are refusing en the gTounds that the
-um nat relutmt pmeans wne Inl surrey sniem alegedty misreprewsted as 3
Fewer Cluf s
m Second. amid the blgrest pnwer ytut the rI'Sternberg sand me NRC always re-r i
Northwest has ever experienced. Bonneellie views surh claims, but he also soled that al-but to the meantime. Judge 11. Jaseph Oile "d
f "
legathms abnitt construct >e faults often im man freed the cash strapped system to sret d
T'SS s y M' m crease as constructare en suelear plants 40 millie,a in overdue payments from the W of winds down and o'wtns en termined.
citfitnes. The judre cartter stened a restrate N
enicss hey re as
't - 4 fatien sta years behind schedule and see, I"wn taHar sche arsinst ne IR Technical Oefinek Ocar int cron fenmNtmg the surely system
~
4 h* '
costs swcH to 533 billion frnm 1504 mifilon, A WFTS$ senkesman hadn1 any case l
3 might fall to meet still another larget date mrnt en the allegaunns, tml said the plant I
far spenleg.
has received mrst of the many regidtrd l
WPPSS has beenhgned by pmWems NRC approvals. Mr. Sternharg sald that eur-endy he dnnal sw any MnaNe tiem" since brgtaning the five plants in the early at M delay mrwis N terindeal nw P
is70s. Regulatory ' delays, construction
"$y,f,,73,Q,,*,,,,,,,
snags. management prebtems and inflation f f(' YM
[,
b,eNnQ s ye e,,
the planL Previnus nnen eng came tenen the
' ItN'k'#
from $tt NHlon" bnnd snartet but exprern that WPPSS may n* 9"* 8 4WJ
- 6p ma,m.
Is January 19% WPPS$ esnreled two tiefault OR $2.5 tell>n in hnnds freen can-gartly tnsllt plants, leaving g2Js billeen in geged plants Net 4 and S has made bond
!rt Mae yms blev en many culstanding bonds. Three months taler N buyers nervous. UTf15 effirtals have bece I
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te,,,,rm tredve, tM with a suspended work on a third plant, and te Fete reurths bond underwriters and say they rwary it slowed construction el a fourth-stlH nnM to have artess lo the bond mortet
,l whir el==rr ed fwir g4= e= 1 e stay in l
Nc= %=k.,=Nel se the husma.
Iteres IUde on No. 2 le time to borrow the lumis, twit they are sipo punalnt alternaties. -
aw4aisir= ca reimluenfewted w,,s,,,,,,,g, wppgg,,q y,,,p9,,,,,,
One pnethstety, they say. Is to se6 the A
Thr WaLhef he bifswnweirin and g,,,,,,,
,, g g g,
plant s forl lo a lenrict and lease 111 pct.,
semevutavis.va8 pan bemilldhwi entv plant eetrty tensttracted. We haw to taw am mm For part W N RcwrvA=mf macew has4ftgggt.
enmplfle at least an* el1 sem." says jnha 1.
othw $75 mimon, they arP asking Neirthwest u
1he khhwf.Aes.vu. l'erk Amme Masttrk, a WITSS director ~
al'eth Nasi. Name %=k ltfr22.
66ankers whether they would provide a (21213%Ytti. letr= *Ni747.
This plant also S.s been tvset by preite "brtdre" lona until c*her flanneing is leund.
lems. In 13n6. MTTSS disrovered faults in the bankers are as nerewis as the tinnd buy-enettisetton and recordkeepent at the plant ers and the subjmt is "very, very tender'"
that ennsed the Nuclear Psgulainry ra'hesays a Seattle bnet ene =uhe.
mtstop to levy a tie.'de clou praalty. T Hrumevine has pers tet it will pen.ide
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je RC aho N ww W en Hie plant the fuerts if BTFSS ce t raise them else-n gg sugended fer about a year while the den where. tud Bonnerlile effirtals say that tiencies one ce ed.
would have to te a last resort. Partly be-l The FitC is still reviewing work pr-rawie it condo cairw a storm he Congress.
formed tefore the stop erder, condartleg flep James Heaver flL Ort I. chatrman of 1
a limse InterMr subrommnice everscetag what it calls ", quality reverification," Daniel l
- b. g, bl. SHrnberg chief of the NitCs reginnal Hntmeville, has speestkerd Bnnneville's se a
a 16*M hwe reacter prnjects branch, sa>1 quesetans re-Ihnrtty to enlemt surn fmwing and said he l
l main, beel *'there are eles)$ ramg to be enuld oppose it..
questlans. and there's nnthing 31 lhls pntnt The other tdg questka is whether plant 1
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY'AND LICENSING BOARD In the matter of
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WASHINGTON PUBLIC POWER
)
SUPPLY SYST.EM
)
Docket No. 50-460-CPA
)
(WPPSS Nuclear Project No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "Appli-cant's Motion to Strike" in the captioned matter were served upon the following persons by deposit in the United States mail, first class, postage prepaid this 28th day of April, 1983:
Herbert Grossman, Esq.
Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Board Licensing' Board U. S. Nuclear Regulatory U.
S. Nu. clear Regulatory Commission Commission Washington, D.
C.
20555 Washington, D.
C.
20555 Glen O. Bright Mitzi A. Young, Esq.
Atomic Safety and Office of the Executive Licensing Board Legal Director U.
S.
Nuclear Regulatory U. S.
Nuclear Regulatory Commission Commission Washington, D.
C.
20555 Washington, D. C.
20555 Dr. Jerry Harbour Chairman, Atomic Safety and Atomic Safety and Licensing Board Panel Licensing Board U.
S.
Nuclear Regulatory U.
S.
Nuclear Regulatory Commission Commission Washington, D.
C.
20555 Washington, D.
C.
20555 9
4
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. Gerald C.
Sorensen Nicholas D.
Lewis, Chairman Manager of Licensing Energy Facility Site Washington Public Power Evaluation Council Supply System State of Washington 3000 George Washingten Way Mail Stop PY-ll Richland, Washington 99352 Olympia, Washington 98504 Mr. Scott W.
Stucky Mr. Eugene Rosolie Docketing & Service Branch Coalition for Safe Power U.
S.
Nuclear Regulatory Suite 527
. Commission 408 South West 2nd Washington, D.
C.
20555 Portland, Oregon 97204 Sanford L. Hartman N l
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