ML19322A082

Opposition by Petitioners to Intervene Citizens to Preserve the Hudson Valley & Columbia County Survival Committee to NRC 781204 Motion for Summary Disposition of Contentions. Certificate of Svc Encl

ML19322A082
Person / Time
Site:	Green County
Issue date:	12/07/1978
From:	Kafin R KAFIN, R.J.
To:
References
NUDOCS 7901020194
Download: ML19322A082 (4)

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. ': t j;,nLC UNITED ,'ATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARn

,- N ny In the Matter of ) g j 7 POWER AUTHORITY OF THE STATE OF NEW YORK

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(Greene County Nuclear Power

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Plant) ) %e OPPOSTION TO DECEMBER 4, 1978 NRC STAFF MOTION FOR

SUMMARY

DISPOSITION Citizens to Preserve the Hudson Valley and Columbia County Survival Committee oppose the December 4, 1978 motion made by the NRC Staff for summary disposition of a number of contentions.

The Staff motion argues that there are no genuine issuc; of fact with respect to the three contentions as to which tney desire summary disposition. However, in support of the motion Staff has arrayed an extensive list of highly doubtful factual assertions, speculative conclusions and poorly formulated opinions.

While the contentions themselves raised triable issues of fact, Staff's motion adds to the confusion and uncertainties created by the relevant presentations of the par, ties to date. This being so, summary disposition is inappropriate.

Focusing specifically on Citizens to Preserve the Hudson Valley's stipulated contention I.B.1, concerning external flooding-79010201T( h

it is CPHV's position that both the applicant and the NRC Staff have both misapplied Regulatory Guide 1.59 and failed accurately to understand the nature of the Hudson River estuary.

It is a well-known fact, of which judicial notice may be taken, that the Hudson R'iver is an estuary at the point where it passes the site of the proposed Green County Nuclear Power Plant.

It is also a well-known fact, of which judicial notice may be taken, that north of Troy, New York the Hudson River is a major river controlled by large man-made dams. It is well within i reasonable probabilities for an east coast hurricane to blow inland causing both an inland probable maximum river flood, a probable maximum surge at the ocean and upstream dam failures.

(It should be noted that although witness Turi asserts that it is impossible to have both a probable maximum flood and a

. probable maximum surge, the particular design basis selected for this power plant, with which witness Turi agrees, is a combination of the probable maximum river flood plus a 25-year hurricane surge. This lack of consistency alone raises a triable issue of fact).

In short, the external flooding issue is by no means resolved by bare assertions of junior NRC Staff members.

As to Columbia County Survival Committee contention 5.a, relating to aircraft hazards, it is plain that the NRC Staff basically disagrees with eye witness reports by members of CCSC.

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This disagreement as to a factual matter should remain as a triable issue.

For the reasons set forth, the NRC Staff December 4, 1978 motion for summary dispoeition should be denied.

Dated: December 7, 1978 Respectfully submitted,

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,l,r Robert J. Kafin Attorney for CPHV and CCHV 11 Chester Street P.O. Box.765 Glens Falls, New York 12801 Tel. (518) 793-6611

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On D:cember 7, 1978, the undersignrd mailed the foregoing to the following:

Andrcw C. Goodhope, Esq. Albert K. Butzel, Esq.

Chairman, Atomic Safety & Butzel & Kass Licensing Board 45 Rockefeller Plaza 3320 Estelle Terrace New York, New York 10020 Wh:aton, Maryland 20906 Dr. Richard F. Cole Mr. John Nickolitch Atomic Safety and Cementon Civic Association Licensing Board 70 Short Street U.S. Nuclear Regulatory Cementon, New York 12415 Commission Wachington, D.C. 20555 Dr. George A. Ferguson Edward R. Patrick, Esq.

Professor of Nuclear New York State Dept. of Engineering Environmental Conservation Howard University 50 Wolf Road Washington, D.C. 20555 Albany, New York 12233 Honorable Donald Carson Mrs. Loretta Simon Associate Hearing Examiner Greene County Planning Department of Environmental Director Conservation Box 514 50 Wolf Road Cairo, New York 12413 Albany, N.Y. 12223 StephUn H. Lewis, Esq. Mr. H. Lee Davis U.S. Nuclear Regulatory Catskill Teachers Assoc.

Commission-Office of the West Main Street Exequtive Legal Director Catskill, New York 12414 Washington, D.C. 20555

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Arthur R. Reuter, Esq. Robert C.

Norwick, Esq.

Raggio, Stover,Jaffe &

Attorney at Law Kayser 1

Sharpe's Landing 10 East 40th Street G3rmantown, New York 12526 New York, New York 10016 Mr. Peter D. G. Brown Docketing and Service Mid-Hudson Nuclear Opponents Section P.O. Box 666 Office of the Secretary Nnw Paltz, New York 12561 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Lawis R. Bennett, Esq. Hon. Edward D. Cohen, Powsr Authority of the Presiding Examiner Stato.of New York Public Service Commission 10 Columbus Circle Empire State, Plaza Agency Building l NLw York, New York 10019 Albany, New York 12223

, Algird F. White, Jr., Esq. Columbia County Survival

, D;Graff, Foy, Conway and Committee l Holt-Harris P.O. Box 27 l 90 State Street . Germantown, New York 12526

' Albnny, New' York 12207 Nancy Spiegel, Esq. db hJp(4L)

. Public Service Commission Vicki Clemens Empiro State Plaza _s

- Alb ny, New York 12233 Sworn to.before me this 7th 3 day of December, 1978

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[ Notary Public'- Comm. Exp. 3/30/ / /

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