ML20082R520
| ML20082R520 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 12/08/1983 |
| From: | Lodge T SUNFLOWER ALLIANCE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8312130199 | |
| Download: ML20082R520 (3) | |
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00i.dETED UhNC UNITED STATES OF AbERICA NUCLEAR REGUI.ATORY COr44ISSION M 0E012 IUII47 Before the Atomic Safety and Licensing Board
{
(FIbT OF 5he?.
502220'%gANCH In the Matter of
)
Docket Nos.
d i EW."r 50-441-CLEVELAND ELECTRIC ILLUMINATIIU
)
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CQ4PANY, et. al.
)
(Perry Nuclear Power Plant, Units 1 and 2)
)
)
SUNFIDWER'S f610RANDUM IN SUPPORT OF MOTION 'IO REOPEN 'IHE RECORD ON COIGTOCK ISSUES' Now comes intervenor Sunflower Alliance, by and through counsel, and enters its support and affirmation of the " Motion to Reopen the Record on Ccxnstock Issues" filed by intervenor Ohio Citizens for Responsible Energy ("OCRE") on Novernber 25, 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.
_Vennant Yankee fax: lear Power Corp. (VerTnont Yankee Nuclear Power Station), ALAB-138, 6 AEC 520 (1973); Carolina Power & Light Co.
(Shearon Harris Nuclear Power Plant, Units 1-4), LBP-78-2, 7 NRC 83 (197E). Certainly OCRE could not have addressed the matter earlier, since the revelaticos of these "whistleblowers" only just came to light. The quality assurance adjudication raised evidence to which the apparent whistleblowers# evidence runs quite counter. OCRE's mve-lations clearly tend to inpeach the veracity of Applicant and Staff witnesses in the QA record. 'Ihe gravity of the matters should be obvious.
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, where the new evidence 8312130199 831200 PDR ADOCK 05000440 o
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PDR Page 1.
s can be received with little or no burden upon the parties. Carolina Power & Licht Co., supra at 85.
If the Board were to refuse to accord what Sun # lower believes to be a high degree of significance to OCRE's revelations, Sunf1ce r asks that the Board receive proffer of the news articles attached to OCRE's motion so that the intervenors can take the record to a forum which will deal with these highly
- suspect ciruxnstances.
Reopening has also been ordered where the changed circun-stances involved a hotly contested issue. Northern Indiana Public Service Co. (Bailly Generating Station, Nuclear-1), CLI-74-39, 8 AEC 631 (1974). Indeed, fundamental faimess and the confronta-tion right in adversary proceedings dictates that the hearings on QA be reopened presently. Northem Indiana Public Service Co.
(Bailly Generating Station, Nuclear-1), ALAB-249, 8 AEC 980 (1974).
Procedurally, OCRE has a heavy burden to bear in troving to reopen. Kansas Gas & Electric Cortpany, et. g.
(Wolf Creek Generating Station, Unit 1), ALAB-462, 7 NRC 320, 338 (1978). But OCRE has prof-fered danning evidence suggestive of negligence, recklessness and carelessness which are wholly imputable to Applicant. The proffered evidence raises even more questions about the glitteringly general testirrony of Applicant at the QA trial.
For all of the foregoing reasons, Sunflower prays the Board reopen the evidentiary record on quality assurance as it pertains to Comstock.
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/
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f U -f X j1,.,,4 VV-d Terry Jorythan Lodge j.
Counsel (forSunflowerAlliance, et. alY 618 N. Michigan St., Suite 105 Toledo, Ohio 43624 (419) 255-7552 CERTIFICATION I hereby certify that a copy of the foregoing " Sunflower's Memorandtzn in Support" was sent by me via regular U.S. Mail, postage prepaid, this b
day of December 1983, to the parties appear-ing on the attached Service List.
l s
. :l.
Terry Jonathan Lodge
((
PE W
i-m SERVICE LIST f
l Peter B. Bloch, Chairman Atomic Safety & Licensing 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.
20555 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 Colleen P. Woodhead, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20535 Jay Silberg, Esq.
1800 M Street, N.W.
Washington, D.C.
20036 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 Christine N. Kohl, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Gary J. Edles, Esquire Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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