ML20080N157

Brief in Support of Sunflower 840214 Motion to Readmit Issue 12.ASLB Urged to Readmit Issue 12 & Permit Liberal Discovery Due to Dismissal Before Interrogatories Answered. Certificate of Svc Encl

ML20080N157
Person / Time
Site:	Perry
Issue date:	02/17/1984
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:
References
ISSUANCES-OL, NUDOCS 8402220136
Download: ML20080N157 (5)

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February 17,j984 00t nt w-N UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '84 RB 21 N1 17 Before the Atomic Safety and Licensing MEff.,a.EECC , _ _ _ . .. & IEvn 5RM:Cu

)

In the Matter of )

) Docket Nos. 50-440 CLEVELAND ELECTRIC ILLUMINATING ) .

50-441 COMPANY, ~et al. (OL)

)

)

(Perry Nuclear Power Plant, )

Units 1 and 2)

OCRE BRIED IN .SUPPCFT OF "SUNFIO4ER'S d

MCffICN 'IO PEAGCT ISSUE #2

• On February 14, 1984, intervenor Sunflower Alliance et al

" filed a nohion seekihg readmission of Issue #2,'on financial qualifications, oil the cjrtrcids that' the District of Columbia Court of ' Appeals reversed the

$RCis kulemai.d5g action .which caused the 'disrdissal of Issue #2 frmt this

• pr'oceeding. Intervenor Ohio Citizens for Responsible Eenrgy (."OCRE") supports Sunflower'$ m5 tion and urges the Licensing Board to readmit the issue, as mandated ly the Court's ruling.

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'Ihe Court, in New England C&lition on Nuclear Pollution v. NRC, found that the Ca mission's rulemaking action lacked a rational connection betw en

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the facts found and the choice made and remanded the rule to the C OCRE finds for further proceedings consistent with the Court's opinion.

.below that the only proceedings consistent with the Court's opinion are i

case-specific licensing proceedings, Since the Court found that evidence in the rulemaking record c

contradicted the conmission's main premise, that electric utilities, by virtue f

l of being regulated bodies, are able to neet all costs of construction and l

operation of nucleai facilities, the Cmmission clearly cannot reclaim this .

8402220136 840217 -

l PDR ADOCK 05000440 O PDR

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,1 theory in any attempt to' salvage its financial qualifications rule.

The Cmmission's second premise,' that there is no documented relationship between financial capability'and safety, was not only un-supoorted by evidence in the rulemaking record, but also was apparently contradicted by tlie Ccrmission's action to retain financial gnMifications Indeed, scrne notorious review of applicants which'are not electric utilities.

~ cases indicate that financial factors have a strong influence on plant safety. E.g., the Zimmer fiasco appears to have been caused by'tlie applicant's catmitment to building a clieap" nuclear plant rather than to quality and

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' safety. 'It has been alleged on national television ("60 ' Minutes") that the WPPSS 2 facility has serious quality deficiencies in its construction.

WPPSS, of mse, autcmatically canes to mind shen discussing financial capability. . It is further well' kncun that the cleanup.of 'ntI-2 has been slowed due to the utility's difficulty in obtaining funding.

With'the~ purported bases for its acticn either contradicted or un' supported by evidence, the Cmmission cannot attempt to resurrect its financial qualifications rulemaking. 'Ihe question remains as to what This issue type of proceedings are ccnsistent with the Court's opinion.

is clearly dissimilar to those issues ideally suited .to generic review, e.g. ,

In-fact,' generic proceedings environmental. effects of the nuclear fuel cycle.

are totally unsuited to this issue, since scme utilities are having nere Thus, the only proceedings consistent r

financial difficulties'than others.

with the Court's opinion in NECNP v. NRC are individual licensing proceedings such as this one.

The Licensing Board, in its Special Prehearing Conference Me:rorandtrn and Order, found that there was sufficient basis to admit Issue j

1. 2.

'Ibere is no reason to believe that Applicants' financial situation has e

dirproved since then. In fact, with Perry's prioetag climbing past the

$5 billion nark, there is every reason to believe that the situation has

-worsened. Certain public statements made by one of the CAPCO investors further suppch. this belief (.see attachment) . In any event, this issue must be decided upon the basis on evidence .in the record. Since, as Sunflower states', the issue was dismissed before any interrogatories were answere'd, there is no evidence in the record. CORE therefore urges the Board to readmit Issue #2 and permit liberal discovery thereupon.

Respectfully subnitted,

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Susan L. Hiatt OCRE Representative 8275 Manson Rd.

Mentor, OH 44060 (216) 255-3158 l

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ATTAC M NT

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frcm the Cleveland Plain Dealer, Jtme 24, 1983

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2 cledo ,stison p.lg,nt I could delay Perry unit :

By James Lawless The speculation also has come fr m critics of transmiss,ionlines, Toledo Edison Co. chairman who argue that the setond unit

[ John P.Williamson said yesterday will n t be needed for fears after v construction on Unit 2 of the its 1988 scheduled completion be-N Perry nuclear power plant may W have to be extended to' help his cause the utilities have much ex-cess electricity.

' M ' !company, which announced a major cost-cutting effort. "The first unit at Perry has'to

' A. L be completed as quickly as possi-

! J. Toledo Edison, which is part ble," Williamson said, "but the

owner of Perry, announ. ced $11 second unit is the subject of some

,,  ; millien in cuts in its operation ~al . discussion."

j and maintenance budget, on top William King, a CEI spokes-y of $18 milhon m cuts in 1982. man, said his company had no

} Williamson said as a result of plans to extend Perry 2

< Toledo Edison's financial prob- construction.

' lems, Unit 2 of the f_egy, plant - Wilijamson said yesterday as and _ Beaver Valley nuclear plant many as 100 Toledo Edison em-in Pennsylvania should be re- ~ployes might lose their jobs, the

, examined to see if they need to utility has frozen salaries for all i be built as quickly as scheduled. - management employes and cut 12

$ The twin-reactor $5.2 billion top executives' salaries 5%.

Perry plant is being built by Its unionized employes will'get

- {1 Cleveland Electric Illuminating. no pay raise this year, he said, i i Co., which shares ownership with Toledo Edison has asked for a

' 1 Toledo Edison. Ohio Edison Co. '.$79 million rate hike from PUCO j and two Pennsylvania utilities. but the PUCO staff has recom-I Rumors surfaced during the mended less than half of that be

! past several weeks that the second . granted. Further, the utility may

,3 Perry reactor might be' canceled, . lose its, request for costs from but that was denied flatly by both Perry construction. because the

! Toledo Edison and CEIspokesman PUCO staff says Unit I is not yesterday. However, Public Utili. 75% complete. .

e ties Commission of Ohio Com- Reger Buehrer,a Toledo Edison I  ! missioner Alan R. Schriber said spokesman, refused to spacMate

' I about an emergency rate hike l

' l he was asked this week about apotentialcancellation bytwoWall.. before Street investors. utility's pending rate hike.

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- :c.W e rr CERTIFICATE OF SERVICE *

'8h [EB 21 All:17 This is toincerti'fy deposit- the U.S. thatMail, copies first of the foregoing class, postage(,were. served by kj@tip];M'tind.s.;

/g 84 day of E,Cw4 v , 198/t to those 6iMNthe service list b,elow. _] .

,. . v.  :

w-Su~ san L. Hiatt SERVICE. LIST .

. Peter B ,Bloch, Chairman Terry Lodge, Esc.

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Atomic Safety & Licensing Board 618 N. Michigan St.

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U.'S. Nuclear Regulatory Comm. '

Suite 105 Washington, D.C. 20555 -

.. Toledo, OH 4J624 Dr. Jerry R..Kline

.& Licensing Board.

Atomic Safety'. Regulatory Commission U. S . -Nuclear ,i

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Was hington ,',:D . C . 20555 ,

Mr..Glenn O. Bright

- Atomic Safety &. Licensing Board

' U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,,

, Colleen P. Woodhead, Esq. -

Office of'the' Executive Legal Director U..S. Nuclear Regulatory Commission .

Washington,.D.C. 20555 Jay.Silberg,. Esq.

Shaw, Pittman, Potts, & Trowbridge .

- - 1800 M Street, NW

.Waspington, D.C. 20036 3 Docketing'& Service Branch

.Offi'ce of'the Secretary N

U.S.. Nuclear Regulatory. Commission .

C Washington, D.C. 20555

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Atomic. Safety.&, Licensing. Appeal. Board Panel U.S. Nuclear Regulatory Commission 20555

. Washington, D.C.  :

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