ML20077D166

Motion Seeking Stay of ASLB 830711 Decision Permitting Hearing to Proceed W/Inadequate Eis.Certification of Appeal & Completion of Adequate EIS Requested

ML20077D166
Person / Time
Site:	Palo Verde
Issue date:	07/22/1983
From:	Berlin K BERLIN, ROISMAN, KESSLER & CASHDAN, WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20077D168	List: ML20077D166 ML20077D174
References
NUDOCS 8307260403
Download: ML20077D166 (3)

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• g UNITED STATES OF AMERICA BEFORE THE ATOMIC SAFETY AND LICENSING 7APPNUCLEAR B REGULATO Administrative Judges kjefes Alan S. Rosenthal, Cha Iman Sg/9gy Q

Howard A. Wilber, Mem'eh .

In the Matter of )  % ,

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ARIZONA PUBL1C SERVICE COMPANY, ) Docket Nos. STN 50-529 et.al. ) STN 50-530

)

(Palo Verde Nuclear Generating )

Station, Units 2 and 3 )

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WEST VALLEY AGRICULTURAL PROTECTION COUNCIL, INC.'S MOTION SEEKING STAY OF DECISION PERMITTING HEARING TO PROCEED WITH INADEQUATE EIS On December 30, 1982, the Atomic Safety and Licensing Board granted West Valley Agricultural Protection Council, i

Inc.'s (" West Valley's") Petition to Intervene and reopened the record in the operating license proceedings for Units 2 and 3 of the Palo Verde Nuclear Generating Station ("PVNGS"). The Board agreed with West Valley's assertion that the potential

. effects of aerosol salt deposition on area crops presents a significant and serious environmental question which neither the Final Environmental Statement on the Construction Permit

("FES-CP") nor the Final Environmental Statement-Operating

~

License ("FES-OL") (collectively referred to as EIS) adequately address. See Memorandum and Order at 9, 13. The Board accordingly admitted West Valley's contention number 3 (" the salt deposition from the PVNGS will reduce the productivity of C307260403 830722 -

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2 agricultural lands owned by West Valley members") . The Board deferred ruling on West Valley's remaining contentions and other relief sought pending a prehearing conference.

Shortly thereafter, West Valley filed a motion seeking a declaration that the EIS was inadequate and for continuance of the proceeding. While West Valley agreed to proceed with some discovery prior to the preparation of a new or supplemental EIS, it objected to the Board holding a hearing

-on its contentions until a valid EIS had been prepared.

On July 11, 1983, four months af ter 'the hearing on West Valley's motion, the Board denied West Valley's motion on the grounds that (a) any defects in the EIS could be cured by a hearing; (b) -it could not tell whether the EIS was inadequate until a hearing had been held; and (c) it did not have the power to order the preparation of a new EIS.

The Board's ruling finds no support in law. The Board itself, in its opinion granting West Valley's petition to intervene, found the EIS inadequate. In such a situation, a hearing cannot proceed until the NRC staff prepares an adequate EIS.

Failure to grant West Valley's motion will cause it irreparable injury because it will ensure that an impartial l

full analysis' of the potential harm caused by the PVNGS will never be performed by any party, in particulag by the NRC staff l in accordance with the procedures mandated by the National l

Environmental Policy Act, 42 U.S.C. S4321 et_ s_eg.

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3 West _ valley thus requests that this Appeals Board, pursuant to 10 C.F.R. S2.788, stay any hearing in this proceeding pending certification of an appeal from the Board ruling and the completion by the.NRC staff of an adequate EIS.

Respectuflly submitted, I '

Dated:

K6nneth Berlin 2550 M Street, N.W.

Suite 500 Washington, D.C. 20037 (202)429-8501 Attorney for Petitioner

! West Valley Agricultural Protection Council, Inc.

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