ML19029A705

Unit #1 - Petition for Leave to Amend Petition for Leave to Intervene by Township of Lower Alloways Creek

ML19029A705
Person / Time
Site:	Salem
Issue date:	04/04/1978
From:	Horner W Lower Alloways Creek Township, NJ
To:	Office of Nuclear Reactor Regulation
References
Download: ML19029A705 (9)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )

)

PUBLIC SERVICE ELECTRIC & ) Docket No. 272 GAS COMPANY )

)

(Salem Generating Station, )

Unit #1) )

PETITION FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE BY THE TOWNSHIP OF LOWER ALLOWAYS CREEK A Petition For Leave To Intervene By The Township of Lower Alloways Creek, and Affidavit In Support Of Petition For Leave To Intervene By The Township Of Lower Alloways Creek was filed in this proceedin~ on March 9, 19 78.

By Order dated March 22, 1978 the Atomic Safety and Licensing Board Designated To Rule On Petitions For Leave To Intervene granted a motion by the Division of Public Interest Advocacy, Department Of Public Advocate, State of New Jersey, to extend to and including April 5, 1978 the time for filing A Petition For Leave To Intervene.

The motion that was granted also provided for extension of time to amend previously filed Petitions such as the Acknowledged by C3id 1,1.Q: ....... ~ .. :....:;:

one filed by Petitioner, Township of Lower Alloways Creek.

On March 22, 1978 NRC Staff filed an Answer To Petition For Leave To Intervene By The Township Of Lower Alloways Creek in which it concluded that the Petition For Leave To Intervene By The Township Of Lower Alloways Creek should be granted, subject to the Township demon-strating how its interest will be affected by this proceeding.

Petitioner hereby requests that its previously filed Petition For Leave To Intervene be amended by the addition of the following statement demonstrating how its interest may be affected by the results of this proceeding.

Petitioner contends that its original*Petition and all the statements contained therein, when read as a whole, amply demonstrate how its interest may be affected, especially when logical inferences and conclusions are drawn. The interest of the Township of Lower Alloways Creek in protecting the health, safety and welfare of the public or any person within it, would be adversely affected if there were any accidents or nuclear mishaps at the Salem Unit #1, Spent Fuel Storage Area due to the requested

increase of storage capacity, which is the subject of this proceeding.

Any such accident or nuclear mishap will adversely affect or jeopardize the health and safety of persons and members of the public at or near the site by exposing them to bodily harm from the resulting radiation. Since the very site and the persons and members of the public so exposed are within the Petitioner Township, the Petitioner's interest in preserving their health, safety and welfare will be affected if the increase in spent fuel storage capacity increases the risk of excessive radiation, accidents and nuclear mishaps.

Petitioner through its contentions, maintains that such increased risk of excessive radiation, accidents and nuclear mishaps may result from the granting of application for the increased storage of spent fuel at Salem Generating Station Unit #1. The purpose of this intervention is to make sure that these risks are fully considered and that the public health and safety with

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which the Township is charged is properly protected against these risks.

WHEREFORE, the Petitioner, Township Of Lower Alloways Creek, respectfully requests that this Petition To Amend its previously filed Petition For Leave To Intervene, be granted .

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/'--12 *\_; ( / 19 78 LOWER ALLOWAYS CREEK TOWNSHIP BY:

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WILLIAM C. HORNER Its Attorney 6 7 Market Street Salem, NJ *08079

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of PUBLIC SERVICE ELECTRIC &

GAS COMPANY DOCKET NO. 50-272 (Salem Generating Station, Unit #1)

AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE BY THE TOWNSHIP OF LOWER ALLOWAYS CREEK SAMUEL E. DONELSON, being duly sworn according to law, deposes and says:

1. I am a duly elected member of the Township Committee of the Township of Lower Alloways Creek. I am also the Mayor of said Municipality and am authorized on behalf of the Township of Lower Alloways Creek to make this Affidavit.

2. To the best of my information, knowledge and belief the facts set forth in the foregoing PETITION

FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE and the contentions contained therein are true and correct.

3. The aspect of the proceeding as to which inter-vention is desired is the request by licensee for an amendment to its Facility Operating License No.DPR-70 by application for increased capacity fuel rods dated November 18, 1977 supplemented by request for an amend-ment Facility Operating License No. DPR-70 dated December 13, 1977.

4. The facts relied upon as to both interest and contentions are set forth in the foregoing Petition For Leave To Amend Petition For Leave To Intervene, all of which are true and correct to the best of ~y information, knowledge and belief and I adopt them as my own statements.

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Dated: 1 _/-~'.- ' c/ I 1978

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Samuel E. Donelson,Mayor Township of Lower Allavays Creek Sworn and Subscribed to

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before me this ~ day of

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )

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PUBLIC SERVICE ELECTRIC & )

GAS COMPANY ) DOCKET NO. 50-272

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(Salem Generating Station, )

Unit #1) )

)

CERTIFICATE OF SERVICE I certify that copies of PETITION FOR LEAVE TO AMEND PETITION FOR LEAVE TO INTERVENE BY THE TOWNSHIP OF LOWER ALLOWAYS CREEK TOWNSHIP and AFFIDAVIT by Samuel E.

Donelson have been served upon the below listed persons by ordinary mail on April --I ,1978 J

and those persons are:

Troy B. Conner, Jr., Esq.

Suite #1050

1. 17 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Dated:

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WILLIAM C. HORNER, Attorney for Laver Allavays Creek Tcwnship

UNITED STATES OF AHERICA NUCLE...:\R REGULATORY co:*NISS IO~{

In the Hatter* of )

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PUBLIC SERVICE ELECTRIC A.i.~D ) Docket ~a.(s) 50-272 GAS . cmrP Ai.TI )

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(Salem Nuclear Generating Sta_tion~)

Unit 1) )

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I hereby certify that I have this day served the £oregoii:"!.g cbc:u:::;~nt.(s) upon each person designated on the official Ee~;ica ~lst co2piled by the Office of the Secretary of the Cor~rraissiou i:.: ti*:L pro.::eeC.in.; i::?.

accordance with the requirements of Section 2. 712 of 10 C:.'"?-. ?a:-:: 2 -

Rules of Practice, of the Nuclear Regulatory Cor.::nissi.-:m' s Rules a:-?d.

Regulations.

Office of of th2 Co"13Lssion

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

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PUBLIC SERVICE ELECTRIC AND _GAS . _). _ . _Docket; No. (s)- 50-272 CONPANY:. . . ,... _:--,~: .*:_c., ) . .. .- . ' --.* ' ..

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(Salem Nuclear Generating Station:, _) .. - -**--

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SERVICE LIST

. Gary L. Milhollin, Esq. William C. Horner, Esq .

1815 Jefferson Street 67 Market Street Madison, Wisconsin 53711 Salem, New Jer~ey 08079 Mr. Glenn 0. Bright R. William Potter, Esq.

Atomic Stafety and Licensing Board Assistant Deputy Public Advocate U.S. Nuclear Regulatory Commission .Department of the Public Advocate Washington, D.C. 20555 P.O. Box 141 . . ...

Trenton, New Jersey 08601 Dr. James*C. Lamb, III.

313 Woodhaven Road Mr. Alfred C. Coleman, ,Jr.

Chapel Hill, North Cir6lina 27514 * -:'.Ms. Eleanor _G. Co.leman *-. "'... - .

35 * "K" Drive . **

Counsel for NRC Staff ':Pennsville, New Jerse~ 08070 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ms. Ruth Fisher *

• iThe Sun People" Troy B.- Conner, Jr., Esq. _Alternate Energy Advoc;ites Conner, Moore and Corber South Dennis, New Jersey 08245

• 1747 Pennsylvania Avenue, N.W.

Washington, D.C. 20006 Salem Free Public Library 112 West Broadway Honorable Mark L. First Salem, New Jersey . 08079 Deputy Attorney General Department of Law & Public Safety P.O. Box 141 Trenton, New Jersey 08070