ML20073M917

Notice of Appearance in Proceeding.Certificate of Svc Encl

ML20073M917
Person / Time
Site:	Byron
Issue date:	04/18/1983
From:	Goldfien M COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:
References
NUDOCS 8304220294
Download: ML20073M917 (3)

Text

r-O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIONGETEi g p y-In the Matter of ) ~

) Docketkod.R %_WFl COMMONWEALTH EDISON COMPANY ) 50-455

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(Byron Station, Units 1 )

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and 2) )- 3k AEH NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters his appearance on behalf of Applicant, Commonwealth Edison Company, P.O. Box 767, Chicago, Illinois 60690, in the above-captioned proceeding. In accordance with 10 CFR S2.713, the following information is provided:

Name: Michael R. Goldfein Address: Isham, Lincoln & Beale Three First National Plaza Suite 5200 l

Chicago, Illinois 60602 Telephone: (312) 558-7338 Admissions: Supreme Court of Illinois United States District Court for the Northern District of Illinois

( y Michael R. Goldfein DATED: April 18, 1983 ISHAM, LINCOLN & BEALE Three First National Plaza l Suite 5200 Chicago, Illinois 60602 (312) 558-7500 8304220294 830418 PDR ADOCK 05000454 PDR G

CERTIFICATE OF SERVICE The undersigned, one of the attorneys for Common-wealth Edison Company, certifies that on this date he filed two copies (plus the original) of the attached pleading with the Secretary of the Nuclear Regulatory Commission and served a copy of the same on each of the persons at the addresses shown on the attached service list by U.S. Mail.

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/ \- p_- s Michael R. Goldfein Date: April 18, 1983 l

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4, SERVICE LIST COMMONWEALTH EDISON COMPANY -- Byron-Station Docket Nos. 50-454 and 50-455~

'83 fiPR 21 E21 Mr. Ivan W. Smith - Secretary ,

Administrative Judge and Chairman Attn:._ Chief, Docketing and Atomic Safety and Licensing rq a u ~f[sdr LService Section Board Panel U.Sh'Nuc'l; ear Regulatory Commission-U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 ,

Ms. Betty Johnson Dr. Richard F. Cole 1907 Stratford Lane Atomic Safety and Licensing Rockford, Illinois 61107 Board Panel U.S. Nuclear Regulatory Commission Ms. Diane Chavez Washington, D.C. 20555 SAFE 326 North Avon Street Atomic Safety and Licensing Rockford, Illinois 61103 Board Panel -. ,

U.S. Nuclear Regulatory Commission Dr. Bruce von Zellen Washington, D.C. 20555 Department of Biological Sciences

. Northern Illinois University Chief Hearing Counsel DeKalb, Illinois 60115

]) Office of the Executive Legal Director .

Joseph Gallo, Esq.

U.S. Nuclear Regulatory Commission Isham, Lincoln & Beale Washington, D.C. 20555 Suite 840 1120 Connecticut Ave., N.W.

Dr. A Dixon Callihan Washington, D.C. 20036 Union Carbide Corporation P.O. Box Y - Douglass W. Cassel, Jr.

Oak Ridge, Tennessee 37830 Jane Whicher BPI Mr. Steven C. Goldberg Suite 1300 Ms. Mitzi A. Young 109 N. Dearborn Office of the Executive Legal Chicago, Illinois 60602 Director U.S. Nuclear Regulatory Commission Ms. Patricia Morrison Washington, D.C. 20555 5568 Thunderridge Drive Rockford, Illinois 61107 Atomic Safety and Licensing Appeal Board Panel Mr. David Thomas U.S. Nuclear Regulatory Commission 77 S. Wacker Drive Washington, D.C. 20555 Chicago, IL 60621

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4/21/83 y

SRRMPONDDCN UNITED. STATES OF AMERICA MUCLEAR REGULATORY COMMISSION Ccufiy

. BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 83 IFR 21 P4 :18 In.the Matter of )

) . 31 UNITED STATES DEPARTMENT OF ENERGY ) gj /gY

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PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537

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TENNESSEE VALLEY AUTHORITY )

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(Clinch River Breeder Reactor Plant))

)

APPLICANTS' MOTION TO DISMISS INTERVENORS' CONTENTIONS lla) and 9a), b), d), and e)

The United States Department of Energy and Project Management Corporation, for themselves and for the Tennessee Valley Authority (the Applicants), hereby file this Motion to Dismiss Intervenors' Contentions lla) and 9a), b), d) and e).

In support of this Motion Applicants show the following:

1. Intervenors' Contention lla) alleges the following:

The health and safety consequences to the

public and plant employees which may occur

! if CRBRP complies with current NRC stan-dards have not been adequately analyzed.

a. Applicants have not shown that exposure to the public and plant employees will be ALARA.

8304220307 030421 PDR ADOCK 05000 o ev,

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2. Intervenors' April 14, 1983 Response to-Applicants' Eighth Set of Interrogatories dated April 1, 1983 [ hereinafter "Intervenors' Response"] answered Applicants' April 1, 1983 Interrogatories numbered 1 through 20 by stating that "Intervenors hereby withdraw Contention 11(a) from consideration at the CP licensing stage . . . . " */

3. Intervenors' Contentions 9a), b), d), and e) allege the following:

9. Neither Applicants nor Staff have demonstrated that Applicants' plans for coping with emergencies are adequate to meet NRC requirements.

a. The PSAR contains insufficient infor-mation regarding Applicants' ability to identify the seriousness and potential scope of radiological consequences of emergency situations within and outside the site boundary, including capabilities for dose pro-j ection using real-time meteorologi-cal information and for dispatch of radiological monitoring teams within the Emergency Planning Zones.

• / Intervenors' Response at 8-9. Intervenors' went on to state that they ". . . reserve the right to raise limited ALARA-issues at the Operating License (OL) hearing; for example, regarding establishment of dose guidelines for female workers to protect the fetus, and establishment of age-specific occupational dose guidelines to reduce genetic l and somatic risks. We believe these are more appropriate OL, rather than CP, issues." Id. Applicants believe that the admissibility of such matters at the OL stage can be addressed in light of then prevailing circumstances, and that the Board need not reach that question at this time.

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y -3 b) Applicants and Staff-have failed to account properly for local emer-gency-response needs and capabilities in establishing boundaries for the plume exposure pathway and ingestion pathway EPZs for the CRBR.

d) The PSAR contains insufficient infor-mation to ensure the compatibility of proposed emergency plans for both onsite areas and the EPZs, with facil-ity design features, site layout, and site location.

e) The PSAR contains insufficient infor-mation concerning the procedures by which protective actions will be carried out, including authorization, notification, and instruction proce-dures for evacuations.

4. Intervenors' Response, numbers 24 at 12, 25 at 12, 29 at 14, and 30 at 14, stated that "Intervenors hereby withdraw Contention [s 9(a), 9(b), 9(d), and 9(e)]from consideration at the CP licensing stage . . . ."

5. As a result of the aforementioned Intervenors' Response, Contentions 9 c), f), and g) remain for litigation pursuant to the following allegations:

c) The PSAR contains insufficient analysis of the time required to evacuate various sectors and distances within the plume exposure pathway EPZ for transient and permanent populations, nor does it note major impediments to the evacuation or taking of protective actions.

k ~4 f) Applicants' proposed emergency plans fail to take into account the special measures necessary to cope with a CDA, including the need for increased pro-tective, evacuation and monitoring measures, reduced response tine and special protective action levels.

g) Applicants and Staff have failed to provide adequate assurance that the proposed emergency plans will meet the requirements and standards of 10 CFR 550.47(b).

6. Intervenors evidently intend to contest the adequacy of a 10-mile plume pathway EPZ, but do not obj ect to a 50-mile ingestion pathway EPZ. Intervenors' Response Number 26 at 12-13. Intervenors also evidently intend to urge the need for a bone exposure Protective Action Guideline (PAG).* Intervenors' Response at 10.

7. In view of Intervenors' Responses quoted above, l Contentions lla) and 9a), b), d), and e) are no longer in l

l issue in these proceedings as between Applicants and Intervenors.

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• / Applicants intend to address this issue in their evidentiary presentation. See United States Department of Energy (Clinch River Breeder Reactor Plant), LBP- , Partial Initial Decision (Limited Work Authorization), February 28, 1983 at 30,92. The subj ect matter of Intervenors ' contentions lla), and 9a), b), d) and e) has been extensively reviewed by the Staff and Applicants. See Safety Evaluation Report Related to the Construction of the Clinch River Breeder Reactor Plant, Docket No. 50-537, NUREG 0968, Vol. 1, Sections 11, 12, and 13.3.

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-) -5 Counsel for the NRC Staff has been contacted and agrees that these contentions are no longer in issue and should be dismissed.

- In the interest of accuracy of the record and to facilitate orderly planning by the Board and all parties, Applicants respectfully request that the Board enter an Order dismissing Intervenors' Contentions lla) and 9a), 9b), 9d), and 9e).

Respectfully submitted, Ge6rge L gar' Attorne or Project Management Corporation

- I ta lb.

William D. Luck Attorney for the U. S. Department of Energy DATED: April 21, 1983 l

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UNITED STATES OF AMERICA CCthEi NUCLEAR REGULATORY COMMISSION *p BEFORE THE ATOMIC SAFETY AND L%g N g B g g

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as,Ncb4 In the Matter of )

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UNITED STATES DEPARTMENT OF ENERGY )

)

PROJECT MANAGEMENT CORPORATION ) Docket No. 50-537

)

TENNESSEE VALLEY AUTHORITY )

)

(Clinch River Breeder Reactor Plant) )

)

CERTIFICATE OF SERVICE iervice has been effected on this date by personal delivery or first-class mail to the following:

Marshall E. Miller, Esquire Chairman Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission East-West Towers 4350 East-West Highway 1 Bethesda, Maryland 20014 (2 copies by hand)

Dr. Cadet H. Hand, Jr.

Director Bodega Marine Laboratory University of California West Side Road Bodega Bay, California 94923 (Air Express)

Mr. Gustave A. Linenberger Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission East-West Towers 4350 East-West Highway Bethesda, Maryland 20014 (by hand)

'1 Sherwin E. Turk, Es.q.

Stuart Treby, Esq.

Office of Executive Legal Director U. S. Nuclear Regulatory Commission Maryland National Bank Building 7735 Old Georgetown Road Bethesda, Maryland 20014 (2 copies by hand)

• Atomic Safety & Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555

• Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555

• Docketing & Service Section Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 (original, 3 copies , and return copy)

William M. Leech, Jr., Attorney General William B. Hubbard, Chief Deputy Attorney General Michael D. Pearigen, Assistant Attorney General State of Tennessee Office of the Attorney General 450 James Robertson Parkway Nashville, Tennessee 37219 Oak Ridge Public Library Civic Center Oak Ridge, Tennessee 37830 Herbert S. Sanger, Jr., Esquire Lewis E. Wallace, Esquire W. Walter LaRoche, Esquire James F. Burger, Esquire Edward J. Vigluicci, Esquire Office of the General Counsel Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902 (2 copies)

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i 3-1 Dr. Thomas Cochran Barbara A. Finamore, Esquire Natural Resources Defense Council 1725 Eye Street, N.W., Suite 600 Washington, D. C. 20006 ( 2 copies by hand)

Ellyn R. Weiss, Esquire Harmon & Weiss 1725 Eye Street, N.W., Suite 506 Washington, D. C. 20006 Lawson McGhee Public Library 500 West Church Street Knoxville, Tennessee 37902 William E. Lantrip, Esquire Attorney for the City of Oak Ridge Municipal Building Fost Office Box 1 Oak Ridge, Tennessee 37830 Leon Silverstrom, Esquire Warren E. Bergholz, Jr., Esquire William D. Luck, Esquire U. S. Department of Energy 1000 Independence Avenue, S.W.

Room 6B-256--Forrestal Building Washington, D. C. 20585 (4 copies by hand) l Eldon V. C. Greenberg, Esquire Galloway & Greenberg 1725 Eye Street, N.W., Suite 601 l

Washington, D. C. 20006 Commissioner James Cotham Tennessee Department of Economic and Community Development Andrew Jackson Building, Suite 10007 Nashville, Tennessee 37219

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- I-George LT Edgar 7 Attorney for _

Project Management Corporation DATED: April 21, 1983 l

• / Denotes hand delivery to 1717 "H" Street, N.W., Washington, D.C.

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