ML20140B438

Answer to Citizens Against Nuclear Dangers 810827 Filing. Applicants Oppose Several Motions & Arguments.Allegations Re Chlorine Portion of Contention 2 Are Moot.No Valid Reason for Addl Prehearing Conference.Certificate of Svc Encl

ML20140B438
Person / Time
Site:	Susquehanna
Issue date:	09/02/1981
From:	Silberg J ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8109140182
Download: ML20140B438 (6)

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION \

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/N BEFORE THE ATOMIC SAFETY AND LICENSING BOAR 2,

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In the Matter of )

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PENNSYLVANIA POWER & LIGHT COMPANY ) cf/2/f* 4,

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and ) Docket Nos. 50-3 ALLEGHENY ELECTRIC COOPERATIVE, INC. 0-388

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i (Susquehanna Steam Electric Station, ) c to Units 4 and 2) ) 3 fg

Dockato APPLICANTS ANSWER TO USNRc $

CITIZENS AGAINST NUCLEAR DANGERS'I N 4M > b "RESPOIiSES TO ASLB DIRECTIVES AND ! -

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MOTIONS ON TESTIMONY AND PUBLIC Dodeting & Senic, HEARING CONFERENCE" 3 Branc't p 1

m C' On August 27, 1981, Citizens Against Nuclear Dangers ("CAND")

filed a document entitled " Responses to ASLB Directives and Motions i on Testimony and Public Hearings Conference". While most of CAND's l

pleadir.g requires no response, Applicants wish to express their opposition to several of CAND's motions and arguments.

CAND states (p.l.) that

[m]uch later in the proceedings, in the eleventh order of business, the Citizens are planning to present their case concerning the radiation dangers to pregnant women and the unborn that will be caused by the Berwick Nuke. The Citizens will in a timely fashion file direct testimony with resume, etc.,

on this part of Contention 2.

As was made very clear at the Prehearin:; Conference, the radiological aspectsof Contention 2 are to be heard as the first issue in the evidentiary hearing and the chlorine portion of Contention 2 as the eleventh. Tr. 972-973. CAND was present at the Prehearing' Conference h

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PDR ADOCK 05000387 C PDR

, s and did not disagree with this schedule. Thus any testimony on "the radiation dangers to pregnant women and the unborn" would be heard as the first issue. As the Licensing Board's August 14, 1981 Memorandum and Order on Prehearing Conference made clear, the qualif.i. cations, identities, subject matter and substance of testimony on the first seven contentions (including the radio-logical portions of Contention 2) were to be filed forty days prior to the October 6 start of the evidentiary hearing.1 CAND also makes a number of allegations concerning the chlorine portion of Contention 2 (pp . 1-2 ) , concerning CAND's Motion for Protective Order, dated August 16, 1981, and Applicants' Motion to Dismiss Contention 2 (Chlorine). Taese allegations are now moot in light of the Licensing Board's August 31, 1981 Memorandum and Order on Pending Motions.

' CAND ip.3) also seeks the scheduling of another Prehearing-Conference becauae

[t]he timetable called for in Part 3 of the August 14th ASLB Order cannot possibly be properly and strickly [ sic] adheied to by j

the intervenors with all of the above listed

' complications.

CAND's main objection seems to be with motions for summary disposition. CAND seems to take issue with the concept of summary disposition motions, alleging that they are " unfair attmepts to scuttle the public hearing". CAND's complaint is with the Commission's regulations, which authorize motions for 1 CAND correctly observes that the 40 day period runs from August 27, rather than August 25. Applicants' counsel had l

erconeously provided the August 25 date during the Prehearing Conference. Tr. 979.

position (10 CFR S 2.749), and are not inappropriate deration here. CAND has set forth no valid reason for ng nother Prehearing Conference. CAND's blanket ition to summary disposition motions (existing or future)

Contentions 2, 17 and 4 is no more than an attack on these

.cgulations, and has no merit.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By M. ,.

i Jay p Silberg' P.atias F. Travieso-Diaz g

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Counsel for Aptlicants 1800 M Street, N.W.

Nashington, D.C. 20036 Telephone: (202) 822-1000 iii

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summary disposition (10 CFR S 2.749) , and are not inappropriate for consideratien here. CAND has set forth no valid reason for requiring another Prehearing Conference. CAND's blanket opposition to s;ammary disposition motions (existing or future) en Contentions 2, 17 and 4 is no more than an attack on these regulations, and has no merit.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By k ,

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Jayy i Si lberg' ff-Matian F. Travieso-Diaz y J

Counsel for Applicants 1800 M Street, N.W.

Washington, D.C. 20036 Telephone: (202) 822-1000 i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD I:1 the Matter of )

)

PENNSYLVANIA POWER & LIGHT COMPANY )

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AND ) Docket Nos. 50-387

) 50-388 ALLEGHENI ELECTRIC COOPERATIVE, INC. )

)

(Susquehanna Steam Electric Station, ) .

Units 1 and 2) ) .

SERVICE LIST Sacretary of the Commission Dr. Judith H. Johnsrud U. S. Nuclear Regulatory Commission Co-Director Washington, D. C. 20555 Environnental Coalition on Nuclear Power Administrative Judge James P. Gleason 433 Orlando Avenue 513 Gilmoure Drive State College, Pennsylvania 16801 Silver Spring, Maryland 20901 Susquehanna Environmental Advocates Mr. Glenn O. Bright c/o Gerald Schultz, Esquire Atomic Safety and Licensing Post Office Box 1560 Board Panel- Wilkes-Barre, Pennsylvania 18703 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Thomas J. Halligan, Correspondent The Citizens Against Nuclear Dangers Dr. Paul W. Purdom Post Office Box 5 245 Gulph Hills Road Scranton, Pennsylvania 18501 Radnor,' Pennsylvania 19087 Ms. Colleen Marsh Atomic Safety and Licensing Box 558 A, R. D. #4 Board Panel Mt. Top, Pennsylvania 18707 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Jessica H. Laverty, Esquire Office of the Executive Legal Docketing and Service Section Director , ,

Office of the Secretary , U. S. Nuclear Regulatory Commission U.S. Nucle _ar Regu?.atory Commission Washington, D. C. 20555 Washington, D ..C . 20555

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Robert'W.*Adler,. Esquire > Mr. Thomas M. Gerusky, Director Department of Environmental Resources Bureau of Radiation Protection Commonwealth of Pennsylvania Department of Environmental 505 Executive House Resources Post Office Box 2357 Commonwealth of Pennsylvania Harrisburg, Pennsylvania 17120 Post Office Box 2063 Harrisburg, Pennsylvania 17120 Janea M.' Cu,tchin, TVf Esquire '

Office of the Executive Legal Atomic Safety and Licensing Appeal Director Board Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555 DeWitt C. Smith Director Pennsylvania Emergency Management Agency Transportation and Safety Building Harrisburg, Pennsylvania 17120 l

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UNITED STATES OF AMERICA NUCLEAR REGULATOR'1 COMMISSION BEFORE THF ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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PENNSYLVANIA POWER & LIGHT COMPANY )

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dnd ) Docket Nos. 50-387

). 50-388 ALLEGHENY ELECTRIC COOPERATIVE, INC. )

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(Susquehanna Steam Electric Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE this is to certify that copies of the foregoing

" Applicants Antwer to Citizens Against Nuclear Dangers' ' Response to ASLB Directives and Motions on Testimony and Public Hearing Conference"' were served by deposit in the U. S. Mail First Class, postage prepaid, this 2nd day of September, 1981 to all those on i

the attached Service List.

1

[

Ja . Bilberg(

Dated: September 2, 1981 -

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