ML20070H420

Response to NRC 821122 Motion for Summary Disposition of Issue 12.FES Should Be Amended to Reflect Existence of NUREG/CR-2591.Certificate of Svc Encl.Related Correspondence

ML20070H420
Person / Time
Site:	Perry
Issue date:	12/14/1982
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8212230368
Download: ML20070H420 (3)

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.3 M 00EREEF0EEDBety pacembar 14, 1982 UNITED STATES OF AMERICA E(ED

. ' NUCLEAR REGULATORY COMMISSION p Before the Atomic Safety and Li$ensing Board In the Matter of )

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' ' .~ CLEVELAND ELECTRIC' ILLUMINATING ) " ~ "'$:,

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,  ;,t OCRE hESPONSE TO NRC STAFF'S MOTION FOR

SUMMARY

DISPOSITION OF ISSUE #12

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On November 22, 1982, the NRC Staff filed its motion for summary disposition of Issues 11 and 12 in t'his proceeding.

As support for its motion, the Staff submitted the affidavits of Brian J. Richter. Ohio Citizens for Responsible Energy

("0CRE"), lead intervenor for Iesue #12, hereby files its response to the por. tion of the Staff's motion relating to Issue #12.

Becau5e of a lack of resources with which to properly pursue the litigation of this issue, OCRE is not opposing the Staff's motion. This should not be construed as agreement with the Staff, out only that OCRE would rather devote its resources to the safety issues. In addition, the litigation of Issue #12 would appear to involve the question of the weight to be accorded to a Commission policy statement (Statement of Interim Policy, " Nuclear Power Plant Accident Considerations Under the National Environmental Policy Act of 1969," .45 Fed.

Reg. 40101, June 13, 1980). The Licensing Board has previously declined to decide this question, as it relates to psychological stress. See August 30, 1982 Memorandum and Order (Motion for 8212230368 821214 gDRADOCKOS000g ,,

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Reconsideration or Certification), slip ,op at 5.

It would seem appropriate, though, to amend the Perry FES to at least reflect the existence of NUREG/CR-2591, since this report contains data specifically pertaining to the Perry plant. The Staff concedes that the NUREG/CR-2591 model serves as a supplement to the CRAC model utilized in the FES. As such, it is entirely appropriate to amend the FES to reference NUREG/CR-2591 as a supplementary study. OCRE would urge the Licensing Board to consider this as a resolution to this issue.

Respectfully submitted, T

Susan L. Hiatt OCRE Representcti've 8275 Munson Ru.

Mentor, OH 44060 (216) 255-3158 d

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CERTIFICATE OF SERVICE EO This is to certify that-copies of the foregoing OCRE DgjiC RESPONSE TO NRC STAFF'S MOTION FOR

SUMMARY

DISPOSITION OF ISSUE

1. 12 were served b eposit in the U.S. Mail, first class, postage prepaid, this / day of December,1982 to those on th4E EC 17 40 8 service list below.

GFr a :. Or sge ngyg ,

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& SEFVIC BRANCH 37, Susan L. Hiatt SERVICE LIST Peter B. Bloch, Chairman Daniel D. Wilt, Esq.

Atomic Safety & Licdnsing Board P.O.' Box 08159 U.S. Nuclear Regulatory Comm'n Cleveland, OH 44108 Washington, D.C. 20555 Dr., Jerry R. Kline Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Frederick J. Shon Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Comm'n Washington, D.C. 20555 J@mes M. Cutchin, IV, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Comm'n Jay Silberg, Esq.

1800 M Street, N.W.

Washington, D.C. 20036 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 l

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