ML18026A048

Letter Enclosing a Petition for Leave to Intervene and Request for Hearing for Pp&L'S Application for an Operating License

ML18026A048
Person / Time
Site:	Susquehanna
Issue date:	01/26/2018
From:	Jay Robinson, Schultz G Susquehanna Environmental Advocates
To:	NRC/SECY
References
Download: ML18026A048 (15)

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In the Matter of the Applicaticn lear Regulatary Ccamissicn far an Operating License far the S~hanna Nuclear Generating AppIicaticn No.

Staticn by the Pennsylvania Power and Light Corporation. of 1978 PETITICN EQR ZZAVE K) IÃKZSENE AND We, the falling individuQs, as individual persans and as respresenta-tives and manbers of a private, ncn~ofit, unincozpccated organization kncwn as SUSymmNNA mVaXmtmAL ADVOCATES~ hereinafter zefezred to as SEA, )archy petiticn far leave to intervene in the abave capticned matter and respectfully request an evidentiary public hearing cn the issues detailed hereinafter in this Petiticn.

I. Interest of the Petiticners Petiticnezs have a definite, substantial interest in this matter. Peti-ticners Jive in and arcund Wakes-Bazze, Luzezne County, Pennsylvania. Peti-thaers are gain&Qly arployed in various occupations. Petiticx~s travel to and frcm the.Wilkes-Barre area, scmatimes travels~ in close praximity to the prapased plant. Petitianers use public parks for recreaticnal activities and use ether areas far recreaticnal activities, sane of which are in close prax-imity to the proposed plant. Petiticcwzs drink water fzcm reservoirs, sana of which aze near the pzcposed plant. Petitiames ccnmxae food, sane of which is grown in areas near the pzapsed p1ant. Sane of the Petitioners own real pzcp-erty in the Wakes~ area.

Petiticners Qnancial, property, and health interests would be affected the operaticn of the prcposed plant and the certain and possible consequences II. Issues to.be Raised

1. Transportatian and disposal of high level radioactive waste, including but not Umited to, adequacy of plans for said transportation and disposal,

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safety and advisability of the transportation methods and routes for said high j level waste, and who wi11 bear the cost for said transportation and disposal.

2.'isposal plans for lcw level radi~ve waste incluiing, but not Umited to, adequacy of said plans and who will bear the cost of said disposal

3. Decarmissicning of the facility including, but not limited to, the realistic cost of deccamissioning and who will bear the cost, the realistic cost of site maintenance and guarding and who will bear this cost, Un adequacy of plans fcr and the future of the plant site.

4.,The lang term adequacy (over the pro)ected life of the plant) of a uraniun fuel supply at a reasonable pricet the source of the supply< and, existing contracts for the supply.

5. The exposure of uranium minem to radiation as a result of mining uraniun fcr use in fabricating the fuel supply for the proposed'nits, but not Umited to, the nunher of such miners; the extent of exposure; and,

~ected nunher of cancer and premature deaths to be czar.

6.. 'Ihe exposure of miners and the general public to radiation from uranium mill tailh@s as a result of mining necessary for the cpexation of the plant, including, but not limited to, the extent of such exposure and the pnrjected nonher of cancer and premature deaths to be caused.

7. The projected exposure of maintaumce workers to radiaticn at the facility, including, but not limited to, the nunber of ~rrkersi the extent and level of eaqx(sures and, the number of cancer and premature deaths to be causcL

8. The adequacy of evacuaticn plans in the event of a nuclear accident that resulted in a release of radioactivity to the enviraxmmt.

9. The pro)ected exposure of workers at nuclear fuel regrocmsing facilities, if any are to be operated, as a result of reprocessing spent fuel

fran the pmpmed plant, including, but not Hmited to, the projected neer of wozkerss extent of exposure; and, number of cancer and premature deaths to be

10. Nho will bear t?a cost of injuries and dmrLages to health, prcperty, and liberty in the event of a major accident involving the release of substan-tial amounts of radioactivity to the envtzcxxnmt, contaminating land, render it unfit for use, and causing an indeteaninate number of cancer arB premature deaths o U.. The adequacy of the emergency core cooling system, including, but not limited to, the design of the system and the results of any tests of systems of the seas or substantially similar design.

12. The ocntribution of the pr~ plant to nuclear ~apens pzoliferati

13. The adequacy of secuzity and defense plans, including, but not Iimi to, qualificaticns for security personnel; unbar of pezsannel; azms to be carr by said perscanel; ~ wi11 bear the cost of said personnel; and, adequacy of plans for defense against large and small scale terrorist attacks and sabotage at tempts a

14. Adequacy of plans for securLty clearance of workers at the plant and

~ will bear the cost fcr security related investigations.

15. Alteznatives to the proposed facilities, including a serious conser-vaticn of energy effort. use of alteznate energy tedanlogiesg and, increased The issuance of an operating license to the proposed facDity may be inimical to the ccnnan defense, security, health, safety, and U3x~ of the public The appiicaticn for said operating license should be subjected to the closest possible sczuth~.

Zn the Matter af the Applicatian Nuclear Regulatory Cannissicn far an Operating Z,icense far the Susquehanna Nuclear Generating Applicatian Na.

Station by the Pennsylvania Power and Light Cargmaticn. of 1978 SUPPZZHEVZAZ PEITTION FOR ATZQRNEYS FEES,

. COSTS OF EXPERT WZINESSES AND MZSCEXZAHEXXJS COSTS

l. Ycur Petiticners are perscns of distinctly limited financial resaur

2. SEA, at the present time and far the foreseeable future, does not possess financial resources far attorney's fees, costs of expert witnesses,

3. A full'nd fair hearing wiU. not be had unless SEA can adequately prepare far the interventicn and requested hearing.

far such a hearing without the as

4. SEA, of ccmpetent cannot adequately prepare counsel and expert witnesses. 'Zhis assistance ~ require the expenditure of an indeteaninate sun of money far reascnable attorney's fees and expert witness costs.

MKREFORE, SEL respectfuU.y requests that an Order be entered directing payment of said casts by the Nuclear Regulatary Ccamissicn.

Zn the Matter of the Applicatian Nuclear Regulatory Ccnmissian far an Operating License far the Susquehanna Nuclear Generating s Appiicatian No.

Station by the Pennsylvania Peseta'nd Light Carpccaticn. s of 1978 We the undersigned, Petiticners in the abave captianed matter, being duly sworn, affirm that, all statements contained in the Petition and Supplemental Petiticn are true and accurate to the best of aur kncooledge, information and belief. j '\ ~

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lACK L HElHERIHOEOH, Notary RoNO lNLKES OARRE, LULERHE COUHlY LIY CONUSSlOH EAPIRES APL l2. 1$ 82 lfoiobor, hooeHooLO aeOOOi'on Of Hocus

Zn the Matter of tlat Applicaticn for an Operating License for the Susquehanna Nuclear Generating AppIication No.

Staticn by the Pennsylvania Power and LLght ~aticn. of 1978 ORDER AND NOH, upon ccnsideraticn of the foregoing Petition, Supplaaental Petiticn, arB Affidavit, and upcn @etiam of Petiticners, the Petition to I

Izrtervene of PetiticcM.rs is hereby granted and the Bequest for Hearing of Petiticners, Susquehmaua Envtrcxunental Mvomtes, are hereby admitted to the proceeds~ as a party.

AIl. parties wQL be notified as to the date, place and time of the he Ef

~gS UNXTED STATES OF AMERXCA lP NUCLEAR REGULATORY COMMISSXON QK0 In the Matter of )

)

PENNSYLVANIA POWER LXGHT COMPANY )

and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC. ) 50-'388 (Susquehanna Steam Electric Station, )

Units 1 and 2) )

APPLICANTS'NSWER TO REQUEST FOR AN OPERATXNG LXCENSE HEARING AND PETITION FOR LEAVE TO XNTERVENE SUBMITTED BY THE ENVIRONMENTAL COALXTXON ON NUCLEAR POWER On August 9, 1978, the Nuclear Regulatory Commission ("NRC").

..published in the Federal Register a "Notice of Receipt of Appli-cation for Facility Operating Licenses; Availability of Appli-.

cant's Environmental Report; and Consideration of Xssuance of Facility Operating Licenses Opportunity for Hearing". 43 Fed. Reg. 35406. This. Notice stated that the NRC, following completion of specified actions, will consider the issuance of operating licenses to Pennsylvania Power 6 Light Company and Allegheny Electric Coop-erative, Inc. (co'llectively "Applicants" ) for the Susquehanna Steam Electric Station, Units 1 and 2 ("SSES"). The Notice pro-vided that any person whose interest may be affected by the pro-ceeding may file, by September 8, 1978, a petition to intervene.

In a filing dated September 5, 1978, the Environmental Coalition on Nuclear Power ("ECNP") requested a hearing and peti-tioned for leave to intervene. 'or the reasons set forth below, Applicants submit that the ECNP's pleading does not comply with t:ie requirements of NRC regulations and should be denied. However,

Applicants would not object to a reasonable period of time for ECNP to cure the deficiencies in its pleading.

The tests for petitions for leave to intervene are set forth 3.n 10 CFR g2.714 and were described in the NRC's August 9, 1978 Federal Register notice. The petition must set forth with partic-ularity the petitioner's interest in the proceeding, how that interest may be affected by the results of the proceeding, and the specific aspect or aspects of the subject matter of the proceeding as to which the petitioner wishes to intervene. The petition should also address the nature of the petitioner's right under the Atomic Energy Act to be made a party, the nature and extent of the peti-tioner's interest in the proceeding, and the possible effect of any order which may be entered in the proceeding on petitioner's inter-est. Under the recent revisions to 10 CFR 'g2.7l4, 43 Fed. Reg. 17801 (April 26, 1978), a petitioner has until 15 days prior to the first prehearing conference to submit the contentions which .he.

seeks to litigate.

ECNP's petition fails to comply with these requirements. in at least 'one respect in that it does not identify a member who lives or conducts substantial activities in reasonable proximity 1/

to SSES. -

Each of the three ECNP offices identified on their 1/ See Du uesne Li ht Co. (Beaver Valley Power Station, Unit. No.

1), ALAB-109, 6 AEC 243 (1973) where ECNP was denied intervention status for failing to identify a member who lived or conducted substantial activities in reasonable proximity to the facility. at issue in that, proceeding.

letterhead (Jenkintown, State College, and Peach Bottom) are more than 80 miles from the SSES site. ECNP's petition, p. 3, recognizes this deficiency by indicating that an affidavit "setting forth a legitimate interest, on the basis of residence near the Susquehanna plant. is being filed separately by some of the affected members of the Environmental Coalition on Nuclear Power". Applicants have yet to receive such an affidavit and in its absence'elieve that'he ECNP petition should be denied. Should such an affidavit be submitted within a reasonable period of time; Applicants would agree that ECNP has adequately demonstrated its interest in this proceeding.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By Ja . Silbe g Cou s 1 for Applican s 180 M treet, N. W.

Washington, D. C., 20036 (202) 331-4100 Dated: September 20, 1978

UNITED STATES OF AMERXCA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PENNSYLVANIA POWER 6 LXGHT COMPANY )

and ) Docket Nos. 50-387 ALLEGHENY ELECTRIC COOPERATIVE, INC. ) 50-388 (Susquehanna Steam Electric Station, )

Units 1 and 2) )

CERTIFXCATE OF SERVXCE This is to certify that copies of the foregoing "Applicants'nswer to Request for an Operating License Hearing and Petition for Leave to Xntervene Submitted by the Environmental Coalition.

on Nuclear Power" were served by deposit in the U. S. mail; first class, postage prepaid, this 20th day of September, 1978, to Secretary of the Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 James M. Cutchin, IV, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission'.

Washington, D. C. 20555 Dr. Judith H. Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College,'ennsylvania 16801 E Sz.lberg Dated: September 20, 1978

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+g$ ggQ UNITED STATZS OF AMERICA 0, $Q79P sE~ ~g NUCLEAR REGULATORY'OMMISSION

[Docket Nos. 50-387 and- 50-388] ~~+go > ~

PENNSYLVANIA POKER R; LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE INC.

d'STABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD TO RULE ON PETITIONS Pursuant to delegation by the Commission dated I

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December 29, 1972, published in the Federal Register (37 F.R. 28710) and Sections 2. 105, 2. 700, 2. 702, 2 ..714, 2.714a, 2.717 and 2.721 of the Commission's Regulations, all as 'amended, an Atomic Safety and Licensing Board is being established to rule on petitions and/or requests for leave to intervene in the following proceeding:

PENNSYLVANIA PO%'ER 8r LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE INC.

(Susquehanna Steam Electric Station, Units 1 and 2)

Construction Permit Nos. CPPR-101- and CPPR-102 This action is in reference to a notice published by the Commission on August 9, 1978, in the Federal Register

{43 F.R. 35406) entitled "Receipt of Application for Facility Operating 'Licenses; Availability of Applicant's Environmental Report;. and Consideration of Issuance of

)

Facility Operating Licenses Opportunity for Hearing".

Sus uehanna The Chairman of this Board and his address is as follows:

Charles Bechhoefer, Esq,.

Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555 The other members .of the Board and their address are as follows:

her. Glenn 0. Bright Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission

>washington, D. C. 20555 James R. Yore, Chairman Atomic Safety and Licensing Board. Panel Dated at Bethesda, maryland this 25th day of September 1978.

UNITED STATES OF A~LKRICA NUCLEAR REGULATORY CO~XBIISS ION ln the ifatter of )

)

PENNSYLVANIA POWER AND LIGHT ) Docket No. (s) 50-387 COMPANY } 50-388

)

(Susquehanna Steam Electric ) t Station, Units 1 and 2) )

)

)

CERTIFICATE OF SERVICE X hereby certify that X have this day served the foregoing document(s)+

upon each person designated on the official service list compiled by the Office of the Secretary of the Commission in this proceeding in accordance with 'the requirements of Section 2.712 of 10 CFR Part 2-Rules of Practice, of the Nuclear Regulatory Co~mission's Rules and Pegula tions.

ags Dated at Llashington, D.C. this 197 E .

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r I UNITED STATES OF At1ERICA NUCLEAR REGULATORY COaalISSION In the 'Hatter of )

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PENNSYLUANIA POWER AND LIGHT ) Docket No. (s) 50 387 COMPANY, ET AL. ) 50-388

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(Susquehanna Steam Electric )

Station, Units 1 and 2) )

SERVICE LIST Charles Bechhoefer,'sq., Chairman Dr. Judith H. Johnsrud Atomic Safety and Licensing Board Co. Director, Environmental U.S. Nuclear Regulatory Commission Coalition on Nuclear Power Washington, D.C. 20555 433 Orlando Avenue State College, Pennsylvania 16801 Mr. Glenn O. Bright Atomic Safety and Licensing Board Ms. Colleen Marsh U.S.Nuclear Regulatory Commission 558A Washington, D.C. 20555 R.D. 84 Mount Top, Pennsylvania 18707 Dr. Oscar H. Paris Atomic Safety and Licensing Board Mrs. Irene Lemanowicz U.S. Nuclear Regulatory Commission The Citizens Against Nuclear Dangers Washington, D.C. 20555 P.O. Box 377 RD '1 Counsel for NRC Staff Berwick, Pennsylvania 18603 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Gerald Schultz, Esq.

Washington, D.C. 20555 Susquehanna Environmental Advocates 500 South. River Street, Jay E. Silberg, Esq. Wilkes-Barre, Pennsylvania 18702 Shaw, Pittman, Pot:t:s 6 Trowbridge 1800 "M" .Street, N.W.

Washington, D.C. 20036