ML20077M277

Amended Petition to Intervene to Include Identification of Ohio Citizens for Responsible Energy Member Having Standing & Authorizing Interests to Be Represented.Contentions Listed.Certificate of Svc Encl

ML20077M277
Person / Time
Site:	Beaver Valley
Issue date:	09/06/1983
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20077M285	List: ML20077M277 ML20077M288
References
ISSUANCES-OL, NUDOCS 8309120294
Download: ML20077M277 (7)

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UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION Before.the Atomic Safety and Licensing Board 2 In the Matter of )

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(Beaver ' Valley Power ) .

Station, Unit 2) )

OCRE AMENDED PETITION FOR LEAVE TO INTERVENE Pursuant to.the Licensing Board's AuEust 4, 1983 M'emorandum and Ordcr (Scheduling of a Special Prehearing Conference), Ohio Citizens for Responsiblo Encrgy ("0CRE") hereby amends its p.etition for leave to intervene to include the identification of an OCRE member having standing who authorizes OCHE' to represent her interests and specific contentions OCitE intends to litigate in this proceeding. OCHE has attached the affidavit of Glorianne M.

Leck, an OCRE member residing about 40 miles from the Beavcr Vallcy facility, as responsive to the first need. The contentions detailed below satisfy the second requirement.

Cententions

1. Need for Power and Petition to Waive the Regulations OCRE contends that therc is no need for the generating capacity of Beaver Valley Unit 2 in the CAPC0 system. Both the National

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Environmental. Policy Act and the Atomic Energy Act demand the

_1/ Section 103b of the Atomic Energy Act of 1954 (42 USC 2133) ,

states that the Commission shall issue commercial licenses to applicants "whosc proposed activities will serve a useful purpose proportionate to tne quantities of special nuclear material or source material to be utilized."

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consideration of the need for the facility, and, lo61 cally, the abandonment of a project for which there is no nesd. Demand pro-jections have changed drastically sinco the CP stagc, with the result that CAPCO has excess capacity, so that the operation of Beaver Valley 2 is unnecessary . Accordingly, the Licensing Board should deny the OL application, terminate this proceeding, and recommend'that the Commission revoke the construction permit.

OCHE recognizes that this contention is a challenge to 10 CFR 51.53(c). OCRE therefore petitions to waive that regula-tion, in accordance with 10 CFR 2.758, because the special circumstances in this case are such .that the application of the rule herein would not serve the purposes for which it was adopted. The particular sup-porting facts and argwnents are set forth in the attached affidavit of Susan L. Hiatt.

OCHE further requcats that, should the Licensing Board choose not to hear this issue, it be referred to the Public Utilities 2/

Commission of Ohio for consideration, and this proceeding be held in abeyance pending the PUCO's determination on the need for Beaver l Valley 2,

2. Floodplain Management OCRE contends that the operation of Beaver Valley 2 is an impermissible activity violating the requirements of Executive Order 11968. OCRE further contends that the NRC has failed to

( . meet its responsibilities as required by that Order by not, at the earliest possible time", evaluating the Beaver Valley 2 facility e .

fer compliance with that Order (issued May 24, 1977).

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_2/ The PUC0 has jurisdiction over facilities not located in Ohio

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,, -o-The Federal Register notice of opportunity for hearing for Beaver Valley 2 states that the facility is located on a floodplain (48 FR 24489, June 1, 1983). The Commission haa apparently deferred consideration of this issue until the issuance of the environmental impact statement (ibid.)

Executive Order 11988, Floodplain Management, (as well as the Water Resources Councilis guidelines for implementing same, 43 FR

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6030 eti seq. , February. 10, 1978) plainly delineates federal policy concerning floodplain management.

The NRC has responsibilities under. that Order, since. it applies to all agencies that. " conduct activities and programs affecting land use, including planning, regulating, and licensing" (43 FR 6030, emphasis.added; see also.43 FR 6033).. Basically,.the Order. requires that agencies: avoid the base floodplain (the 100-year floodplain) i unless it is tne only practicable alternative (43 FR 6030); avoid direct or indirect support of floodplain. development (43 FR 6049);

amend or issue regulations implementing the Order within one year l

(id.); consider alternatives to allowing action in a floodplain, and if the on'ly practicable alternative requires siting in a floodplain L

l (as determined by the head of the agency), the agency shall modify I its action so as to minimize harm to or within the floodplain and issue a notice to the general public explaining why the activity is t

to be located in a floodplain (43 FR 6034, emphasis added); provide early notification and guidance to applicants concerning floodplain

_2/(continued) if they are owned, at least in part, by Ohio utilities. See Cleveland Electric Illuminating Co. v. PUCO, 42 Oh.St. 2d 403, 330 NE2d 1 (1975).

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management so that applicants will not go to the trouble of completing plans without being aware of agency standards (43 FR 6034); avoid hazardous and uneconomic uses of floodplains (43 FR 6035); avoid completely the critical action floodplain (500-year floodplain) if the action would create an added dimension to a flood disaster, as ,

could be the case for facilities producing and storing highly volatile, toxic, or water-reactive materials (43 FR 6043); and, provide early (as early as it is known that an action affects the floodplain) public notice and review of the proposed action (43 FR 6044).

It is apparent that the NRC has been negligent in discharging its duties with regard to floodplain management. 10 CFR contains no regulations concerning~ floodplain siting or management. The Commission appears willing to support the licensing of a hazardous '

facility in af1'oodplain, contrary to the Executive Order, by explaining away deleterious effects in a forthcoming environmental impact statement. There was no early public review of this action.

Nor, apparently, were the Applicants warned at the earliest possible l time that their activities would violate un Executive Order.

It is clear that the operation of a nuclear power plant in a floodplain, with its adverse environmental effects, e.g., routine release of radionuclides and the potential for catastrophic accidents, is contrary to Executive Order 11988, the goals of which are to reduce t

risks of flood loss, to minimize impacts of floods on human safety, l

health, and welfare, and to rectore and preserve the natural and beneficial values served by floodplains (43 FR 6052). The OL application must therefore be denied. (Alternative sites need not be considered since there is no need for the facility; see Contention I

1. 1, supra.)

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Respectfullysubmigd,..  ;

g3 Susan L* Hiatt  :. .

OCHE Representative . .

8275 Munson Rd.

Mentor, OH 44060 -

(216) 255-3158 1

'l CERTIFICATE OF SERVICE This is to certify that the foregoin6 has been served by deposit in the U.S. Mail, first class, postage prepaid, this 6th day of September 1983 to those on the attached service list.

Susan L. Hiatt n

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

~~30cKETED USMC Before the Atomic Safety and Licensing Board ,,

g N '9 All:27 In the Matter of )

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DUQUESNE LIGHT CO., ET AL. ) Docket No. 50-412 OL

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..a (Beaver Valley Power )

Station, Unit 2) )

SERVICE LIS_T Morton B. Margulies, Chairman _ William A. Lochstet Atomic Safety and Licensing Board 119 East Aaron Dr.

U.S.. Nuclear Regulatory Commission State College, PA 16801 Washin6 ton, D.C. 20555 George S. White Ernest E. Hill Box 58 Administrative Judge Shippingport, PA 15077 210 Montes,o Dr.

Danville, CA 94526 Ralph F. Walker 1518 Fifth St.

Paul W. Purdom New Brighton, PA 15066 Administrative Judge 235 Columbia Dr. Dr. Judith Johnsrud Decatur, GA 30030 ECNP 433 Orlando Ave.

Robert Perlis, Esq. .

State College, PA 16810 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Thomas D. Rees, Esq.

Washington, D.C. 20555 Deputy General Counsel 17th Floor, Harristown 2 Jay Silberg, Esq. 333 Market St.

Shaw, Pittman, Potts, and Trowbridge Harrisburg, PA 17210 1800 M Street, NW Washington, D.C. 20036 Maxine Woelfling, Esq.

Assistant Counsel Erv Eilmann 505 Executive House Duquesne Light Co. P.O. Box 2357 Robinson Plaza, Bldg. 2 Harrisburg, PA 17210 Suite 210 Pennsylvania Route 60 Pittsburgh, PA 15205 Docketing and Service Section U.S. Nuclear Regulatory Commission Wachington, D.C. 20555

AFFIDAVIT I, a[e ex. , duly sworn depose and say that:

A. the statem ts made herein1are true and correct to the best of my knowledge and belief; B. I reside at /330 4)cc w , huusb / /

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, approximately Yo miles from .

the Beaver. Valley Nuclear Power Station in Pennsylvania; C. as of July 1,.1983, I am a member of Ohio Citizens for Res'ponsible Energy (."OCRE") ;

D. I have. authorized OCRE to represent my interests in the licensing proceeding'for the Beaver Valley 2 nuclear plant; E. my interests are those stated by'OCRE in its petition for leave to intervene; .

F. OCRE has authorized Susan L. Hiatt to act as representative for.and on behalf of OCRE in the Beaver Valley 2 OL proceeding.

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- l f Sworn to and subscribed before me' Mr d ay - bzcI'2/

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,' Notary Public /J E'l.'2!iE CLE! CT'.U, C$ty Mlid SiO r.! 01.io My Ccemisca bpres Decator 20,1986 9

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