ML20094J757

Responses to 840730 Unpublished Order Directing NRC & Inviting Other Parties to Submit Views on Judge Gleason Dissent Re ASLB Recommendation Concerning Accident Probability.Certificate of Svc Encl

ML20094J757
Person / Time
Site:	Indian Point
Issue date:	08/13/1984
From:	Sholly S UNION OF CONCERNED SCIENTISTS
To:	NRC COMMISSION (OCM)
References
SP, NUDOCS 8408140448
Download: ML20094J757 (8)

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, UNITED STATES OE IMERICA .

BEEORE THE NUCLEAR REGUIATORY COHISSION h g P4:q

,  ; $!!l&Q9p CONSOLIDATED EDISCN C04PANY OF NEh YORK ) Docket Nos ?5624 NSP.

l (Indian Point, Unit 2) ) 50-286-SP l )

PG ER AUTHORITY OF THE STATE OF NEk YORK ) 13 August 1984

l. (1rdian Point, Unit 3) )

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l UNION OF CONCERNED SCIENTISTS CONENTS ON JUDGE GLEASON'S DISSIET On July 30, 1984, the Comission issued an unpublished order directing the NRC Staff and inviting the other parties to submit their views on Judge Gleason's dissent. % e Union of Concerned Scientists herein responds to that i

i order.

Chairman Gleason's dissent misconstrues and tortuously distorts the rather modest and eminently reasonable recomendation put forward by the two technical raembers of the ASLB: namely, "that the Consnission factor into its deliberations the potential consequences of a low probability accident at Indian Point as well as the expected risk Iprobability times consequences]

values . . .

Opinion at 105. The majority reached this recomendation af ter observing -- as it was corapelled to, bas (d upn the evidence in the case --

l that "(b)y considering only the integrated expected values [for risk), one may be beguiled by the rnathematical ciegence of the algorithm into thinking that more is known about the risk than is actually kriown." Id. , at 104.

Or, as UCS has argued (and no party seriously contests), there is far greater uncertainty concerning the probability component of the risk equation than concerning the consequences. %e fact is that we still are extremely

4 uncertain of the probability of an accident at any site; indeed, the

_ probability of a serious accident at Indian Point is atuut the same as the probability at any site within the uncertainty bounds inherent in such an analysis. Rowsome and Blond, ff. tr.12834, at 14-18, 25, and 33; Proposed Findings of Fact and Conclusions of Law, submitted jointly by intervenors, at 40-41; Intervenors' Comnents on Licensing Board Reconnendations on Indian Point Units 2 and 3, at 12-13.

By contrast, it is a known and indisputable fact ar! sing from concrete 1

( demographic statistics that the consequences of a such an accident, should it I

l occur, would be far greater at Indian Point than all but a handful of similar high-population density sites.1 / Therefore, it is eminently reasonable for j the decision-maker to at least " factor in" potential consequences as a separate matter. As the majority pointed out, such an approach w uld be consistent with the actuarial analyses used by insurance companies. Opinion at 1c5.

! Mr. Gleason, by contrast, distorts the majority's view by accusing it l of " ignoring" the low probability of a serious accident. Since dozens of pages of the trajority's decision deal precisely with accident probabilities, his description of the decision is incomprehensible. Nor, of course, does the f majority suggest the application of an " absolute" or "zero-risk" standard of I

protection. It simply reconnends, at bottom, that consideration be given to l

l E Mr. Gleason's citation to Mr. Sholly's testimony (Opinion at 435) us extremely misleadirg. At Tr.12,760,, Mr. Sholly was beirg questioned about a comparison of consequences at different sites presented in his direct i testimony. khile twenty-five sites were included in the " upper range" as compared with all sites, the whole point of the testimony was that Indian ,

Point was consistently at the top of virtually every measure of consequences employed. Sholly, ff. tr. 12730, pages 8-11.

s the societal risk of operating nuclear plants at very high population density

~ locations. Since the purpose of this proceeding was to grapple with precisely ,

that question, Judge Gleason's noting of the fact that the issue has never before been considered in an adjudication is baffling. This proceeding was, l after all, established to consider issues like this one which have never l

! previously been considered in an adjudication.

Mr. Gleason is incorrect in stating that Indian Point has tren singled i out "to the exclusion of many other sites similarly situated." Opinion at 403. In fact, there are only a reall handful of sites for which accident consequences could be in the range of Indian Point, and Indian Point is at the top of virtually all measures of accident consequences.E As noted above, Mr.

i Gleason distorts Mr. Sholly's testimony in arguing otherwise.

Finally, Mr. Gleason is also flatly wrong that this issue was not called for by the Cormission Questions are argued by the parties. Comission Question Elve celled for a compaison of the risk of Indian Point and other plants at other sites. UCS and the NBC Staff presented testimony directed to precisely this point. Sholly, ff, tr. 12,730; Rowsome and Blond, ff. tr.

12,834. Indeed, the basic premise of the UCS petition which began this proceeding is that while the probability of a catastrophic accident is essentially unknowable, the consequences of such an accident would be intolerable should it occur at Indian Point, rome thirty-five miles from Times Square. ke believe that the evidence amply supports both of these l propositions: namely,1) that the probability is still unknowabic and 2) that i

E These include most preminently Limerick and Zion. Sholly, ff. tr. 12730, page 10.

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the consequences w uld be intolerable. See Intervenor's Coerents on Licensing Board Recor.nendations on Indian Point Units 2 and 3, February 6,1984.

., In stmaary, as the additional views of the majority (0 pinion at 436-438) amply demonstrate, Mr. Gleason's dissent levels its ansnunition at a ctraw man. It is most troublesome not on its nerits but insofar as it indicates that the Chairman, who took the, position after the original chairman resigned in protest, lacked a clear understanding of both the parpose of the proceeding and the reasoning of the majority.

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l Respectfully submitted, ,

L JM .

,k Ellyn R. keiss General C.cunsel Union of Concerned Scientists i

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' UNITED STATES OF AMERICA L- NUCLEAR REGULATORY COMMISSION BEFORE Tile COMMISSION

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l In the matter of )

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l Docket Nos.

CONSOLIDATED EDIS0N COMPANY OF NEW YORK, INC. )

l (Indian Point, Unit No. 2) ) 50-247 SP l 50-286 SP

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l POWER AUTHORITY OF THE STATE OF NEW YORK )

[ 13 August 1984 (Indian Point, Unit No. 3) )

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l CERTIFICATE OF SERVICE I hereby certify that a single copy of; UNION OF CONCERNED SCIENTISTS C0te1ENTS ON JUDGE GLEASON'S DISSENT was served upon the following by deposit in the U.S. mail, first class postage prepaid, this 13th day of August 1984, except where noted otherwise by asterisks.

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/A '

~ Steven C. Sholly y

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• Lando W. Zech, Jr., Commissioner

• Nunzio Palladino, Chairman U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washing ton. 0.C. 20555 Washington, D.C. 20555

• Frederick Bernthal, Conmissioner

• Thomas Roberts, Commissioner U.S. Nuclear Regulatory Connission U.S. Nuclear Regulatory Coonission

'a'a s h i n g to n , D . C . 20555 Washington, D.C. 20555

• James Asselstine, Commissioner James P. Gleason, Esq., Chairman U.S. Nuclear Regulatory Commission Adminstrative Judge Washington, D.C. 20555 Atomic Safety and Ltcensing Board 513 Gilmoure Drive Silver Spring, MD 20901 l

l L _ _ _ _ ___ _ _ _ _ _ _ _ _ _ - _ - _ _ _ ___ -

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-2 Dr. Oscar H. Paris Frederick J. Shon Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Connission Commission Washington, DC 20555 Washington, DC 20555 David Lewis, Esq.

• Docketing and Service Section Atomic Safety and Licensing Board Office of the Secretary U.S. Nuclear Regulatory Commmission U.S. Nuclear Regulatory Commission Washington, D.C. 20555. Washington, D.C. 20555 Janice E. Moore. Esq.

• Donald F. Hassell, Esq.

Henry J. McGurren, Esq.

Office of the Executive Legal .

Director-U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Brent L. Brandenburg Esq.

Assistant General Counsel Paul F. Colarulli, Esq.

Consolidated Edison Company of Joseph J. Levin, Jr. , isq.

New York . Inc. Pamela S. Horowitz, Esq.

4 Irving Place Charles Morgan, Jr. , Esq.

New York, NY 10003 Morgan Associates Chartered 1899 L Street, N.W.

Charles M. Pratt, Esq. Washington 0.C. 20036 Stephen L. Baum Esq.

Power Authority of the State Mayor F. Webster Pierce of New York Village of Buchanan 10 Columbus Circle 236 Tate Avenue New York, NY 10019 Buchanan, NY 10511 Jonathon D. Feinberg Stanley B. Klimberg, Esq.

New York State Public Service General Counsel Commission New York State Energy Office Three Empire State Plaza 2 Rockefeller State Plaza Albany. NY 12223 Albany, NY 12223 Charles J. Maikish, Esq. Marc L. Farris, Esq.

Litigation Division Eric Thorsen. Esq.

The Port Authority of New County Attorney York and New Jersey County of Rockland One World Trade Center 11 New Hempstead Road New York, NY 10048 New City, NY 10956 Honorable Ruth Messinger Member of the Council of the Westchester County Executive City of New York Care of: Laurie Vetere, Esq.

District #4 148 Martine Avenue City Hall White Plains, NY 10601 New York, NY 10007

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Andrew S. Roffe, Esq.

I Ezra I. Bialik, Esq.

Steve Leipsiz, Esq. New York State Assembly

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l . Environmental Protection Bureau Albany, NY 12248 New York State Attorney General's Office Honorable Richard L. Brodsky Two World Trade Center Member of the County Legislature l Westchester County New York, NY 10047 l County Office Building l White Plains, NY 10601 Donald Davidoft, Director l

New York State Radiological' Emergency Preparedness Group Spence W. Perry, Esq.

l f Empire State Plaza Of fice of General Counsel Tower Building, Room 1750 ,

Federal Emergency Management Agency Albany, NY 12237 500 C Street, S.W.

' Washington, D.C. 20472 David H. Pikus, Esq.

Richard F. Czaja, Esq. Stewart M. Glass, Esq.

Shea and Gould Regional Counsel 330 Madison Avenue Federal Emergency Management Agency New York, NY 10017 Room 1349 26 Federal Plaza Phyllis Rod'riguez, Spokesperson New York, NY 10278 j Parents Concerned About Indian Point P.O. Box 125 Charles A. Scheiner, Co-Chairperson l

Croton-on-Hudson, NY 10520 Westchester People's Action Coalition, Inc.

Richard M. Hartzman, Esq. P.O. Box 488 Lorna Salzman White Plains, NY 10602 Friends of the Earth, Inc.

208 West 13th Stree - Alan Latman, Esq.

New York, NY 10011 44 Sunset Drive  ;

Croton-on-Hudson, NY 10520 Judith Kessler, Coordinator Rockland Citizens for Safe Energy Zipporah S. Fleisher l 300 New Hempstead Road West Branch Conservation Association New City, NY 10956 443 Buena Vista Road New City, NY 10956 Renee Schwartz, Esq. ,

Paul Chessin, Esq.

Laurens R. Schwartz, Esq. Joan Holt, Project Director Margaret Oppel, Esq. New York Public Interest Botein, Hays, Sklar & Hertzberg Research Group, Inc.

200 Park Avenue 9 Murray Street l

New York, NY 10166 New York, NY 10007 David B. Duboff Craig Kaplan, Esq.

Westchester People's Action National Emergency Civil Coalition, Inc. Liberties Committee

255 Grove Street 175 Fifth Avenue, Suite 712 White Plains, NY 10601 New York, NY 10010 i

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L Jeffrey M. Blum. Esq.

Apartment 80 One Stuyvesant.0 val New York, NY 10009 Joan Miles indian Point Coordinator ' Greater New York Council on Energy New York City Audubon Society c/o Dean R. Corren. Director 71 West 23rd Street, Suite 1828 New York University New York, NY 10010 26 Stuyvesant Street New York, NY _10003

• Served by messenger to indicated addressee at 1717 11 Street, NW, Washington, DC