ML20073J089
| ML20073J089 | |
| Person / Time | |
|---|---|
| Site: | Washington Public Power Supply System |
| Issue date: | 04/11/1983 |
| From: | Bell N NORTHWEST ENVIRONMENTAL ADVOCATES (FORMERLY COALITION |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8304190179 | |
| Download: ML20073J089 (5) | |
Text
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t 6-UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,.,gr BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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83 FN 18 M1:3o WASHINGTON PUBLIC POWER SUPPLY SYSTEM,
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Docket No. 50-460 OL et. al.-
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(WPPSS Nuclear Project No. 1)
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PETITIONER'S RESPONSE TO APPLICANT'S MOTION FOR RECONSIDERATION AND/0R CERTIFICATION Petitioner Coalition for Safe Power hereby submits its response to " Applicant's Motion for Reconsideration and/or Certification to the Atomic Safety and Licensing Appeal Board of March 15. 1983 Memorandum and Order" dated March 31, 1983.
Petitioner opposes the motion.
Applicant asserts that: 1) its representative did nothing to instill fear of a compulsary legal process in the mind of CFSP member M. Terry Dana; 2) any harratsraent of Mr. Dana that has occured has been the doing of another applicant utility (Puget Sound Power & Light); and
- 3) a phone conversation is no basis for fears which would necessitate a protective order. Applicant further states that: 1) Mr. Dana was never deposed in the Skagit/Hanford proceeding; 2) Mr. Dana is familiar with his legal rights; and 3) the claim of potential loss of employment is unsubstantiated.
Applicant's recitation of these " facts" is sophistical.
It is clear from the Skagit/Hanford transcript that Applicant Puget Sound Power & Light did suggest to Mr. Dana that he might be subjected to a
. @o compulsary legal process and went to far as to threaten him with a deposition.
v LO
-eo Mr. Dana is not an attorney, nor (as far as we know) well versed in NRC r%:s:h regulations.
Furthermore Mr. Dana narrowly escaped the deposition by L
Puget Sound Power & Light.
Thus there was no reason for him to believe no that such could not be the case in the instant proceeding had he agreed
I to have had an affidavit attached to the petition filed by Petitioner.
Secondly, threats to Mr. Dana's right of association were made by Applicant regarding the WPPSS Nos. 1 & 2, Construction Permit Extensions.
Applicant has never stated why it needed to know of Mr.
Dana's " concerns"; the elicitation of such concerns constitutes discovery on the part of the Applicant -- discovery which is both irrelevant and unauthorized. This phone call was a thinly veiled attempt to coerce Mr. Dana out of the proceeding -- in short, a threat. Moreover, Appli-cant's affidavit regarding the conversation with Mr. Dana clearly states that Applicant told him that it "would have an opportunity to hear his concerns if a hearing were granted." What was Mr. Dana supposed to gather from this statement except that he would have to come forward.
Finally, Mr. Dana has suffered more than phone calls: his employment has been threatened. Applicant refers to this as " unsubstantiated".
How does Applicant propose that Petitioner substantiate this " claim",
have him sign an affidavit and see if he is fired?
Is it not enough that he was put on notice by his employer?
The Board would do well to note that within the last month an employee in Richland (John S. Burlison,1621 G. Washington Way, #C-18) was fired for having worn his security badge to a peace rally. This is not an isolated instance.
See e.g. "WPPSS, With 4 of 5 Nuclear Plants Stalled Or Scrapped, Faces New Delay at 5th Unit", Wall Street Journal, April 5,1983, attached.
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Petitioner believes that certification to the Appeals l
Board is unwarranted in this case. Applicant, in recommending certifica-tion, relies entirely on the eroneous assumption that the protective order was issued based on a " claim'of harassment in a proceeding l
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b involving other parties and another nuclear plant" which is clearly not true.
See Memorandum and Order of March 15, 1983 at 12. Secondly, the Appeals Board made itself clear in Houston Lighting and Power (Allens Creek Nuclear Generating Station, Unit 1) ALAB-535, 9 NRC 377 (1979). The issuance of-a protective order in this case is in accordance with the teachings of Allens Creek and requires no further review.
Respectfully submitted, k
Dated this day, the lith Nina Bell of April, 1983.
Coalition for Safe Power l
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Y Wall Street Journal - April 5,1983 i
WPPSS, With4of 5 NuclearPlants Stalled Or Scrapped, Faces New Delay at 5th Unit
' Thf)GtCls still reviewing work per-bankers' whether they would provide a I % g,pg
. surfaepwserof Tm wm starry Jovam, formed)before the stop order, ranArting
" bridge" loan unul other Anancing is found.
Washington Pubuc Power Supply System, what R tads "W MvedScadca." Daniel The bankers are as nervous as the bond buy-
' which has canceled two of Sve planned nu-M. Sternberg, chief of the NRC's iegionai ers and the abject is "very, very tender "
~
.cWown plants and slowed constmcuon Macer p branch, says quesnoes re-says a SeatGe bank execuuve.
malajbudd'there are always golag to be piant questles,'and there's nothing at this point BosmerSe has promised it will provide ty the funds if WPPSS can't raise them else-84 rarnead at Richland, Wash., the plant.
when, W Bommh ofncials say that which the utWty system designates as plant would how to be a last reson, panly k N'.
""I E'
' sed stan"up delays Ier lupse"
.cause M.could came a surm in Cagnss.
No. 2, is about 95% complete and is sched-6 uled for fuel loseng in Septeonber and com-
! Rep. James Weaver (D., Ore.1, chairman of mercial operanos next February, elleen.
< regulatory reasons. They
- a House laterior subcommittee overseeing But WPPSS and me fdnal BonmWe tan'tMW tw tMs past, but cur-M W W EM's au-Pter Administration, which has cetracted aren't any looming,The biggest thodty to extend such Saancing and said be t2 buy au the power 11 produces, face two
, says Mrs.Jternberg. Is would pPo8t M.
M Iconumissica caHs " interveners,"
widems that could result is further de-b75-groups or pumas who may challenge tacens.
The otaer htg guestion is whether plant Ing of the.plaat. But this plant rioesn't have Mc. 2 should be operated even if Anished. "It First, constructiou funds for the plant any, and curreauy "there's no real basis for certalmly isn't needed; we're up to our eye-wtE tua cut la May or Joe, with about $150 anybody to claim intervener status in the brows.in power," sa)s Matt Dulor., a dissi-saullos needed to complete it. Bonnertile iplaat,";says Mr. Sternberg.
dent WPPSS director, has said it wlH provide the money tf neces' Noneteless, a lawsuit acon may raise stry, but 'Jae ag=ucy rnight ftce congret questines ahcut the plant's safety, Rchard To jutHy the piax market.%r the pawn,t, Bom.*yWe needs t
steal resistinoe to sich aid, and fears of a it. Bennett, e. Ek. Mand adorney, says he but the rettien his a WPPSS default as some earlier torrowings
, plans in Sie suit against a plant contracta parer saqtus ea;ected 13 last four or live are making convenbonal lemlers leery of on t'ehalf of a werker who allegas that re-years. Uansuahy teavy winter rains have helpear out, cord-kealdag problems continued after the
{ g gg,,, py,g g, p
i ta m ur amid the biggest power glut the NRC anowed work to resame. The worker, a'.id ladustr*.al retrenchrner.t have l
Northwest has ever experienced Bonneville Janis Cagle, says t'ie lapse occurred in han-
, added to me W as has mnah must and someone to use the power.
dling' documents about piping and valve spurnd by MIM rate inemases.
Bonnevule' and WPPSS both say they are proldems and.could prevent laults fmm be-Bonnertue is trying to sell the power to ennadant the obstacles can be overcome.
Ing corrected, leading to safety deSciencies.
California utilities, but the Californians are But unless they are, plant No. 2, which has
.She says she was laid off for trying to en-seeking a price that doesn't come close to tauen six years behind schedule and seen sure 'that required procedures were fol-servicing the plant's debts. "We would end
, costs sweu to 53.3 bullon from $504 mHlion, lowed. C% U..
Up subsidizing California," complains Mr.
.mtght fan to rneet still another target date,
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- Mr. Stersberg said the NRC always re~
DWea.
for opening.
views such claims, but he also noted that al-WPPSS has been plagued by problems
' legations about construction faults often in-But Bonneville ofScials say the incre-since beginning the Sve plants in the early crease as construction on nuclear plants mental cost of operating the plant isn't IMas. Regulatory delays, construction winds down and workers are terminated.
much compared with the cost of building it snags, management problems and inflation A WPPSS spokesman hadn't any com-and that it would be economic to run. "We pushed the prefects years behind schedule
. ment out the auegations, but said the plant will find a market for at least a portion of and hananand cent estimatsa to 323 bullos has received most of the many required the total surplus," one official maintains.
from H.1 tillton.
NRC approvals. Mr. Sternberg said that cur-Separately, a county judge in Seattle last In January 1982 WPPSS canceled two
. rently he doesn't see any " identifiable item" week freed the supply system to take action partly buut plaats, leaving 32.25 bullon in '
'that would delay startup for technical rea-against II municipal utilities that have re-a=**andhar heads. Three months later it Mm.Q. '
fused to pay their share of the $2.25 billion in suspended work ca a third plant, and in Feb-
't But'there are the questions about how debt associated with the canceled plants.
ruary it slowed construction of a fourth.
WPPSS will raise 5150 m!!!!on to complete The 88, who in 1976 signed contracts to As a.rsault. WPPSS and its supporters the plant Previous financing came from the pay, are refusing on the grounds that the have pinned their hopes ce plant No. 2, the bond market, but concern that WPPSS may supply system allegedly misrepresented its caly plant nearly constructed. "We have to default on 82.25 billion in tonds from can-ability to complete the projects. The misrep-complete at least one of them," says John L.
celed plants Nos. 4 and 5 has made bond
' resentation charge wiu be heard in court, Ecstick, a WPPSS director, buyers nervous. WPPSS offletals have been but in the meantime, Judge H. Joseph Cole-This plant also has been beset by prob-
.courttag'boed underwriters and say they man freed the cash-strapped system to seek lems, la ISIS, WPPSS discovered faults in still hope to have access to the bond market 330 mution in overdue payments from the 88 constructies and record-keeping at the plant in time to borrow the funds, but they are utilities. De judge earlier signed a restrain-that caused the Nuclear Regulatory Com-also pursuing alternatives.
ing order prohibiting the supply system misslos to levy a 350,500 civil penalty. The One possibility, they say, is to sell the from taking action against the 88.
NRC also ordered new work on the plant -
plant's fuel to a tender and lease it back, suspended for about a year while the def!-
raising perhaps $75 million. For part of the
,clencies, were. corrected.
other_$75 million, they are asking Northwest
a A
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matterof
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'83 (P 13 fg; 3p
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WASHINGTON PUBLIC POWER SUPPLY SYSTEM )
Docket No. 50-460 OL
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(WNP-1)
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CERTIFICATE OF SERVICE I hereby certify that copies of " PETITIONER'S RESPONSE TO APPLICAllT'S l10 TION FOR RECOMSIDERATION AND/0R CERTIFICATION" in the above-captioned proceeding have been served on the following by deposit in the U.S.
Fail, first class, postage prepaid on this 13th day of April,1983:
Herbert Gros lsman, Chairman Nicholas S. Reynolds ASLB Debevoise & Lieberman t
USNRC 1200 Seventeenth St. N.W.
Washington, D.C.
20555 Suite 700 Washington, D.C.
20036 Glen O. 3right Administra.tive Judge ASLAB Panel ASLB USNRC USN3C Washington, D.C.
20555 We.shington, d.c. 20555 State of Washington Dr. Jerry Harbour Energy Facility Site Evaluation Administrative Judge Counc 11 ASLB Mail Stop PY-11 USNRC Olympia, Wa, 98504 Washington, D.C. 20555 D6cketing and Service Section
- tiitzi Young USNRC Counsel for NRC Staff Washington, D.C. 20555 Office of Executive Legal Director l
Gerald C. Sorensen USNRC l
Manager, Licens ing Program Washington D.C.
20555 l
WPPSS 300 George Washington Way Richland, Wa, 99352 444*' O Nina Bell l
Intervenor for CFSF
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