ML20009E105

Answer to Oh Citizens for Responsible Energy 810706 Motion to File Contention 14.OL or CP Applicants Are Not Required to Anticipate Effects of Electromagnetic Pulses on Operations.Certificate of Svc Encl

ML20009E105
Person / Time
Site:	Perry
Issue date:	07/20/1981
From:	Churchill B, Silberg J CLEVELAND ELECTRIC ILLUMINATING CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8107270103
Download: ML20009E105 (4)

Text

-

' ~

-  : g mb;'QQY

[P4; sk $-

July 20, 1981

\:h $0gS'  :

' se

\ >-

<g 3 ,

UNITED STATES, 'CA ,

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD L. 3:/

In the Matter of )

)

THE CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, e_t al.

) 50-441

)

(Perry Nuclear Power Plant ) (Operating License)

Units 1 and 2) )

APPLICANTS' ANSWER TO OHIO CITIZENS FOR RESPONSIBLE ENERGY'S MOTION FOR LEAVE TO FILE CONTENTION 14 1/

On July 6, 1981,~ the Ohio Citizens for Responsible Energy

("OCRE") moved for leave to file a Contention 14. Applicants herein submit their response to that proposed contention.

Proposed contention 14 asserts that Applicants have not pro-vided adequately for the occurrence of electromagnetic pulses

("EMP"), a phenomenon generated by nuclear weapons explosions.

As the basis for this contention, OCRE cites an article from Science News, Vol. 119 at 300 (May 9,.1981).

The Applicants oppose admission of this contention on the grounds that it raises an issue which is not to be considered in licensing proceedings. 10 CFR 550.13 explicitly states that an applicant for either a construction permit or an operating [)503 5

//

1/Although OCRE's motion for leave to file its contention is dated July 6, 1981, the certificate of service accompanying the motion was dated July 8, 1981, and th.t envelope the Applicants received was postmarked July 9, 1981.

8107270103 810720 PDR ADOCK 05000440 G PDR

license is not required to provide for design features or take other measures for the specific purpoce of protection against enemy attack. See also Long Island Lighting Company (Shoreham Nuclear Power Station), ALAB-15t. 6 AEC 831, 851 (1973). This regulation has been upheld in federal court. Siegel v. Atomic Energy Commission, 400 F.2d 778, 780-782 (D.C. Cir. 1968).

Since, as OCRE admits, the occurrence of EMP is the direct re-sult of nuclear warfare, the Applicants are not required to anticipate the effects of EMP on its operations. The proposed contention must therefore be denied.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE By Ai 2 344c J 'E Silberg 1-l B e gW. Churchill s Counsel for Applicants j 1800 M Street, N. W.

l Washington, D. C. 20036 (202) 822-1000 Dated: July 20, 1981 l

t l

l

.  ?

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD l In the Matter of )

)

THE CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, et al.

) 50-441

)

(Perry Nuclear Power Plant ) (Operating License)

Units 1 and 2) ) <

l t

CERT 7.FICATE OF SERVICE This is to certify that true copies of the foregoing

" Applicants' Answer to Ohio Citizens for Responsible Energy's Motion for Leave to File Contention 14" were served, by deposit in the U. S. Mails first class, postage prepaid, this 20th day of July,1981, to all those on the attached Service List.

t J E. Silberg j Dated: July 20, 1981 I

l l

I

..2 UNITED STATES OF AMERICA NUCLEAR REGULATOR'l COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )

)

CLEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-440 COMPANY, -et al. ) 50-441

)

(Perry Nuclear Power Plant, )

Units 1 and 2) )

SERVICE LIST l Peter B. Bloch, Chairman Mr. Jeff Ale ander Atomic Safety and Licensing Board OCRE Representative U. S. Nuclear Regulatory Commission 929 Wilmington Avenue, #H Washington, D. C. 20555 Dayton, Ohio 45420 Dr. Jerry R. Kline Daniel D. Wilt, Esquire Atomic Safety and Licensing Board Wagman, Hessler & Vanderburg U. S. Nuclear Regulatory. Commission Suite 102 Washington, D. C. 20555 7301 Chippewa Road Brecksville, Ohio 44141 Mr. Frederick J. Shon Atomic Safety and Licensing Board Terry Lodge, Esquire U. S. Nuclear Regulatory Commission 915 Spitzer Building Washington, D. C. 20555 Toledo, Ohio 43604 Atomic Safety and Licensing Board Mr. Tod J. Kenney Panel 228 South College, Apt. A U. S. Nuclear Regulatory Commission Bowling Green, Ohio 43402 Washington, D. C. 20$55 Donald T. Ezzone, Esquire Atomic Safety and Licensing Appeal Assistant Prosecuting Attorney Board Panel ,

Lake County Administration Center U. S. Nuclear Regulatory Co.nmission 105 Center Street Washington, D. C. 20555 Painesville, Ohio 44077 Docketing and Service Section Janice E. Moore, Esquire Office of the Secretary Office of the Executive Legal U. S. Nuclear Regulatory Commission Director Washington, D. C. 20555 U. S. Nuclear Regulatory Commissior Washington, D. C. 20555 Charles A. Barth, Esquire Office of the Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555

.___-_________-_-__-_-_-____--____--___-_______--___---____-_-____-_-__-____-__________-_-_-_-n