ML18085A250

Appeal from Aslb 801027 Initial Decision.Alleges Erroneous Finding of Facts Re Contentions 2 & 6,evaluation of Eia, Acceptance of Pasedag Testimony & Rejection of Benjamin Testimony.Counsel Withdrawal & Certificate of Svc Encl

ML18085A250
Person / Time
Site:	Salem
Issue date:	11/11/1980
From:	COLEMAN A C, COLEMAN E G AFFILIATION NOT ASSIGNED
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-OLA, NUDOCS 8011190178
Download: ML18085A250 (10)

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STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l'?GO NO'V' \!.}-PM 1Jo1uc SAFETY & LICENSING APPEAL BOARD I,,. 'JD(' i":' -. ; -

OF -j PUBLIC SERVICE ELECTRIC & GAS COMPANY, et al (Salem Nuclear Generating Station, Unit No, 1) Docket No. S0-272 OLA (Spent Fuel Pool) INTERVENORS, ALFRED C. COLEMAN, JR. & ELEANOR G. COLEMAN'S EXCEPTIONS AND APPEAL (10 CFR 2.762) Intervenors Alfred C. Coleman, Jr. and Eleanor G. Coleman (herein after ref erred to as The Colemans or Intervenors) take exception to the Atomic Safety and Licensing Board's Initial Decision of October 27, 1980, docketed with the Nuclear Regulatory Commission (NRC) on October 28, 1980 and received by The Colemans on October Jl, 1980. As evidenced per attached correspondence, State of New Jersey Department of the Public Advocate, Division of Public Interest Advocacy, intends to withdraw as counsel on our behalf, It is therefore our intent to represent ourselves, without counsel, pro se. We are disturbed by the similarity of Licensee's Reply Findings, Initial Decision (Amendment to Operating License) -Preiliiminary Statement

-Findings of Fact regarding Intervenors Coleman and Lower Alloways Creek Township dated July 11, 1980 by Conner and Moore and the Atomic Safety Licensing

/ ! Board Initial Decision, October 27, 1980, ' I

.. The Colemans hereby except to the initial decision and appeals to the Commission and the Atomic Safety & Licensing Appeal Board as granted by 10 CFR 2.710, 2.786 and 2.762. The Intervenors

-Appellants, Alfred C. Coleman, Jr. and Eleanor G. Coleman excepts as followsa 1. The Atomic Saf'ety & Licensing Board (hereafter ref erred to as The Board) erred factually in finding that, " *** with respect to issues raised by The Colemans' Contentions 2 and 6, the spent fuel pool can be modified and operated as proposed without endange:ci.ng the health and safety of the public." (Initial Decision; page 16, lines 6, 7 and 8) The Board ignored errors in Mr. Pasedag's mony and his assumption of contents in the spent fuel pool at Salem Nuclear Generating Station, Unit No. 1 (TR. 1518, lines 9 through 20)o 2. The Board erred in Finding of Facts by ignoring known contents in the spent fuel pool at Salem Nuclear Generating Station, Unit No. l as they would alter calculations and conclusions found (Initial Decision; pages 6 through 16 -TR. 1775, 1776 and 1777; page 37, lines 7 through 20). --1

-* -J-J. The Board committed factual error in evaluation of Environmental Impact Appraisal in light of special contents and special circumstances, ignored and unanswered questions (Keith A. Onsdorff to Chairman Gary L. Milhollin, January 28, 1980) not evaluated in EIA. Also erred in that spent fuel storage impact not fully evaluated in FEIS filed in April of 1973* 4. The Board erred in conclusion, Initial Decision, page 20, line J by ignoring known circumstances which have been reported at Salem Nuclear Generating Station, Unit No. l such as purging during normal' operation, thus perhaps precluding proper operation of Einergency Core Cooling System; possibly creating a need for water injection

-water taken from the Spent Fuel Pool. 5. The Board committed factual error (Initial Decision; page 24, lines 7, 8 and 9) ignoring the fact that PSE&G owns 42.5% interest in Peach Bottom 2 & J in Pennsylvania.

6. The Board erred in conclusion (Initial Decision; page 25, lines 16 through 19)" ... the proposed increase in spent fuel storage city at Salem Unit l will not significantly increase the impact on the human environment caused by the Salem 1 reactor." 7. The Board erred in concluding lsvels of radiation uncertainty was "cured" by additional testimony from the Staff (initial Decision; page 27, line 18 and 19). 8. The Board committed factual error in accepting Mr. Pasedag's testimony regarding Zirconium and circumstances that " ** ocould lead to oxidation and failure of the clad *** " (Initial Decision; page J6, lines 7 through 10 -page J7, lines 20 through 22 -page JS, lines 1 and 2 and lines 5 through 19) (TR. 15JO, lines 19 through 25) 9. The Boards Majority Decision to adequately disclose the grounds upon which the Board acted in rejecting testimony by Dr. Allen S. Benjamin, " ** oI think the general principle is that one cannot make assumptions about what is going 1o happen without having analyzed the situation

• • • " (Initial Decision; page J9, line 1) (TR. 1482, 148J and 1484) and grour.ds for ignoring "special contents and circumstances" (TR. 1775, --------- 1776 and 1777). The Colemans supported Carl J. Valore, Esq., Special Nuclear Counsel for Lower Alloways Creek Township, in his motion to suspend hearings and the Board compel analysis be done (TR. 149J, lines 4 and 5) (TR. 1807, lines 19 and 20) 10. The Board erred in its Conclusion of Law stating, " *** is not a major Commission action significantly affecting the quality of environment.

Therefore, it does not require the preparation of an Environmental Impact Statement

• • • " (Initial Decision; page 41, III Conclusions of Law, line 18 through 2J; page 42, lines 1 through 14) 11. The Board committed legal error in referring to NUREG-0575 not part of proceeding; fore parties not permitted to examine or question in due process (Initial Decision; page 43, lines 15 through 21). 12. The Board committed factual and legal errors in making a major decision based on such statements containing "will not significantly

• -* effect," "will not significantly increase," "95% confidence level," and "reasonable assurance." Such a decision affecting the health, safety and welfare of the public should leave no cause for reasonable doubt as it does in the case of this proceeding.

We are appaled by what seems an apparent practice of the Board examiners endeavoring to support findings py applying a "credible" rubber stamp to one witness and a "not credible" one to another with no clarification that will assist the Board or the Commission in ascertaining what led to the use of the particular "stamp." The Board ruled Dr. Luchak, not qualified to testify (Initial Decision; page 20, line 8 through 12) (TR. 913), Dr. Webb " *** impossible to glean from it any clear picture *** " (Initial Decision, page 35; line 5), " *** testimony ill-organized and cult to follow. It was unsuitable

expansion." (Initial Decision; page J5, line 11 through 16). The Board then states, "The Staff's testimony was more productive

• • • " referring to Mr. Pasedag and Dr. Benjamin (Initial Decision; page J5, line 17 through 22 -page J6, line 1)

,_ concerning rapid oxidation and promagation of tion with or without flame and its effect on Zirconium clad, yet Mr. Pasedag is not an eminent authority on Zirconium (TR. 15JO, line 19 through 25) and Dr. Benjamin is not an eminent authority on Zirconium (TR. 1545, line 20 through 22). Respectfully submitted, November 11, 1980 1-STANLEY C. VAN NESS PUBLIC ADVOCATE 11 nf New 31er.aey DEPARTMENT OF THE PUBLIC ADVOCATE DIVISION OF PUBLIC INTEREST ADVOCACY P.O. BOX 141 TRENTON. NEW JERSEY 0862S November 7, 1980 Alfred E. and Eleanor G. Coleman 35 "K" Drive Pennsville, N.J. 08070 Re: Docket No. 50-272 (Salem Spent Fuel Case)

Dear Al & Eleanor:

CARLS. BISGAIER DIRECTOR TEL. 609-292-1693 As you know, we noticed you by letter dated July 1, 1980 that "absent an unforeseen ruling by the Licensing Board, this Department has decided not to represent any appeal you might wish to take from an unfavorable Board decision" in captioned matter. We have reviewed the recent Board decision, and it contains nothing unforeseen.

Accordingly, you will shortly be in receipt of a notice of our withdrawal as counsel on your *behalf. Also in our letter, we described the applicable procedure for appeals. As they state you have ten days from the*; date :of the decision, adding five days where service is by mail, to file your exceptions.

Within thirty days thereafter a brief in support of the exceptions must be filed. As we indicated to you, "we would be willing to prepare a motion for an extension of time to file your brief, if you wish to seek but have problems in obtaining alternative counsel." Please let me know in a timely fashion if you wish aid in preparing such a motion. Very truly yours, SANDRA T. AYRES Assistant Deputy Public Advocate STA: id

.... _ .,,,,. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY & LICENSING APPEAL BOARD IN THE MATTER OF PUBLIC SERVICE ELECTRIC & GAS et al (Salem Nuclear Generating Station, Unit No. 1) Docket No. 50-272 OLA {Spent Fuel Pool) CERTIFICATION OF MAILING I hereby certify that the enclosed Exceptions and Appeal of the Initial Decision rendered by the Atomic Safety & Licensing Board in the above captioned matter by Intervenors Alfred C. Coleman, Jr. and Eleanor G. Coleman was mailed this 11th day of November, 1980 by deposit in the United States Mail, Pennsville, N.J., .. Post Office to persons indicated on the attached mailing list. November 11, 1980

..... SERVICE LIST Secretary, USNRC Washington, De C. 20555 Attn.1 Docketing

& Service Christine N. Kohl, Chairman Dr. W. Reed Johnson Thomas s. Moore Atomic Safety & Licensing Appeal Board USNRC Washington, D. Co 20555 Mark J. Wetterhahn, Esq. Conner & Moore 1747 Pennsylvania Avenue, N.W. Suite 1050 . Washington, D. c. 20006 Richard Fryling, Jr., Esq. Public Service Electric & Gas Co. 80 Park Place Newark, N. J. 07101 Rebecca Fields, Esq. Deputy Attorney Gen.eral Department of Law & Public Safety State of New Jersey J6 West State Street Trenton, New Jersey, 08625 June D. MacArtoro Esq. Deputy Attorney General State of Delaware Tatnall Building P. o. Box 1401 Dover, Delaware, 19901 Janice E. Moore, Esq. Office of the Executive Legal Director USNRC Washington, D. C. 20555 Carl Valore, Jr.p Esq. Valore, McAllister, Aron and Westmoreland Northfield, New Jersey, 08225