ML20080A498

Memorandum in Support of Ohio Citizens for Responsible Energy 830713 Motion to Reopen Record on Issue 3 Re Qa. Certificate of Svc Encl

ML20080A498
Person / Time
Site:	Perry
Issue date:	07/21/1983
From:	Lodge J SUNFLOWER ALLIANCE, WILT, D.D.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8307260294
Download: ML20080A498 (4)

Text

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July 21,1933 4 /N

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NUCLEAR REGULATORY COMMISSION C., (: %,...

,. .J Before the Atomic Safety and Licensing Board 7 A4 'd: c 4.. ,

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In the Matter of ) Docket Nos. 50-440'-OL L '

50 041-OL CLEVELAND ELECTRIC ILLUMINATING )

COMPANY, et. al.~~

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(Perry Nuclear Power Plant, Units 1 and 2)

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SUNFLOWER'S MEMORANDUM IN SUPPORT OF ' MOTION TO REOPEN THE RECORD ON ISSUE #3' Now comes intervenor Sunflower Alliance, by and through counsel, and enters its support and affirmation of the " Motion to Reopen the Record on issue #3" filed by intervenor Ohio Citizens for Responsible Energy ("OCRE") on July 13, 1983.

Matters to be considered in determining whether to reopen an evidentiary record at the request of a party are: (1) whether the matters sought to be addressed on the reopened record could have been raised earlier; (2) whether such matters require further evidence for their resolution; and (3) the seriousness or gravity of such matters. Vermont Yankee Nuclear Power Corp. (Vermont Yankee Nuclear Power Station), ALAB-138, 6 AEC 520 (1973); Carolina Power & Licht Co.

(Shearon Harris Nuclear Power Plant, Units 1-4), LBP-78-2, 7 NRC 83 (1973).

Certainly OCRE could not have addressed the mattei earlier, since its FOIA request was made April 15 and was only re.cently answered. The recently-concluded quality assurance adjudication raised evidence to which the documents proffered by OCRE run quite counter. OCRE's revelations clearly tend to impeach the veracity of r --- - - ~ . .

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Applicant and Staff witnesses in the QA record. The gravity of the matters is obvious because, as OCRE observes, CEI has merely " resolved" the NRC's irresolution by overriding existing requirements. Motion at 2.

In certain instances a record may be reopened, even though the new evidence to be received might not be so significant as to alter the original findings or conclusions, wherethe new evidence can be received with little or noburden upon the parties. Carolina Power & Light Co., supra at 85. If the' Board were to refuse to accord what Sunflower believes to be a high degree of significance to OCRE's revelations, Sunflower asks that the Board receive proffer of the d$cuments so that the intervenors can take the record to a forum which will deal with these highly suspect circumstances.

Reopening has also been ordered where the changed circumstances involved a hotly contested issue. Northern Indiana Public Service Co. (Bailly Generating Station, Nuclear-1), CL1-74-39, 8 AEC 631 (1974). Indeed, fundamental fairness and the confrontation right in adversary proceedings dictates that the hearings on QA oe reopened presently. Northern Indiana Ptblic Service Co. (Bailly Generating Station, Nuclear-1), ALAB-249, 8 AEC 980 (1974).

Procedurally, OCRE has a heavy burden to bear in rr.oving to reopen.

Kansas Gas & Electric Company, et. al. (Wolf Creek GeneratinF, Station, Unit 1),

ALAB-462, 7 NRC 320, 338 (1978). But OCRE has proffered damning evidence suggestive of perjury or, at a minimum, negligence, recklessness and carelessness wholly imputable to Applicant and Staff. The proffered evidence raises even more questions about the glitteringly general testimony of Applicant and Staff at the QA trial. For all of the foregoing reasons, Sunflower prays the Board reopen the evidentiary record on issue #3. //

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Terry than Lodge (/

Couns or Sunflower 4lliance, et. al.

824 N nal Bank Building ToMdo, Ohio 43604 (419) 243-6251

4 CERTIFICATION I hereby certify that a copy of the foregoing " Sunflower's Memorandum in Support" was sent by me via regular-U.S. Mail, postage prepaid, this h.fJ

~ day of July,1983, to the parties appearing on the following Service List.

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4 SERVICE LIST Peter B. Bloch, Chairman Atomic Safety & Lic.ensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline Atomic Safety & Licensing Board -

U.S. Nuclear Regulatory Commission

Washington, D.C. 20535 -

Mr. Glenn O. Bright Atomic Safety & Licensing Board 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 James M. Cutchin, IV, Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Jay Silberg, Esq.

1800 M Street, N.W.

. Washington, D.C. 20036 1

Atomic Safety and Licensing Appeal Board Panel -

U.S.-Nuclear Regulatory Commission Washington, D.C. 20555 Susan L. Hiatt "

8275 Munson Road Mentor, Ohio 44060 0

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