ML19211C870

Motion to File Brief If Commission Accepts Review of Certified Issue Re Litigation of Radioactive Effects. Significant Interest by Tx Utils Generating Co Justifies Filing as Amicus Curiae.W/Certificate of Svc

ML19211C870
Person / Time
Site:	Black Fox
Issue date:	01/04/1980
From:	Reynolds N TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8001150205
Download: ML19211C870 (5)

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UNITED STATES OF AMERICA /-' I

NUCLEAR REGULATORY COMMISSION /

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BEFORE THE COMMISSION j q.sj [ ' ' . '. .'JO *

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In the Matter of )

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PUBLIC SERVICE COMPANY OF OKLAHOMA ) Docket Nos. STN 50-556 et al. ) STN 50-557

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(Black Fox Station, Units 1 and 2) )

MOTION OF TEXAS UTILITIES GENERATING COMPANY FOR LEAVE TO FILE A BRIEF AMICUS CURIAE Pursuant to 10 CFR 52.715 (d) , Texas Utilities Generating Company ("TUGCO") hereby moves the Nuclear Regulatory Commis-sion for leave to file a brief amicus curiae in the captioned proceeding in the event the Commission accepts review of the Appendix I issue which was certified to the Commission by the Appeal Board in ALAB-573 dated December 7, 1979. The Appeal Board's decision was docketed in the Office of the Secretary on December 10, 1979. Specifically, the issue certified to the Commission is'as follows:

'Where routine radioactive emissions from a nuclear power plant will be kept 'as low as is reasonably achievable' in accordance with Appendix I, is litigation of the health effects of those emissions in an adjudicatory proceeding involving initial licensing barred by 10 C.F.R. 52.758 as an impermissible attack on Commission regulations?"

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'TUGCO has a significant interest in the outcome of this certification action. TUGCO is the holder of construc-tion permits for its Comanche Peak Steam Electric Station, Units 1 and 2, and is an applicant for operating licenses for those facilities. NRC Docket Nos. 50-445 and 50-446.

By Order dated June 27, 1979, the Licensing Board in comanche Peak granted three petitions for leave to inter-vene in that operating license proceeding, and found that the three petitioners had raised a common contention (relating to quality assurance) which was sufficient to support intervention. The Licensing Board deferred ruling on the admissibility of the remaining contentions pending negotiations by the parties.

Two of the petitioners have raised contentions relating to consideration by TUGCO and the NRC Staff of the health effects of low-level radiation on the population surrounding Comanche Peak. As noted, the Licensing Board has not as yet ruled on the admissibility of these contentions. TUGCO believes that these contentions constitute Empermissible challenges to NRC regulations (10 CFR S2.758 (a)) . Accordingly, TUGCO has an obvious interest in the outcome of the instant certification to the Commission.

TUGCO believes that this issue is a significant one which will have far-reaching implications for it as well as for the nuclear industry in general. If leave is granted, f

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TUGCO will advocate that 10 CFR Part 50 Appendix I precludes litigation of the health effects of radioactive emissions from a nuclear plant whose liquid and gaseous effluents are in compliance with Appendix I guidelines. Such a determina-tion by the Commission would relieve TUGCO (and others) from a substantial and unnecessary litigation burden. TUGC0 will offer a viewpoint independent of that offered by the parties

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in the Black Fox proceeding."

For the foregoing reasons, TUGCO respectfully requests that it be permitted to file a brief amicus curiae in the captioned proceeding if the Commission accepts review of the certified question. If leave to do so is granted, TUGCO of course would file its brief within the time limits prescribed by the Commission. Also, in the event the Commission accepts review but does not permit the parties in Black Fox to file briefs (relying instead on the pleadings filed below), TUGCO respectfully requests that it neverthe-less be permitted to submit a brief amicus curiae.

Respect ul y su mitted, W

Nichola S. Reynolds Counse foy/) Texas Utilities Generati#g Company January 4, 1980

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• / Black Fox is a construction permit proceeding and Comanche Peak is an operating license proceeding.

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

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PUBLIC SERVICE COMPANY OF OKLAHOMA ) Docket Nos. STN 50-556 et al. ) STN 50-557

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(Black Fox Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that service of the " Motion of Texas Utilities Generating Company For Leave To File A Brief Amicus Curiae" has en this day been effected by personal delivery or first class mail on the following:

Sheldon J. Wolfe, Esq. L. Dow Davis, Esq.

Atomic Safety and Licensing Counsel for NRC Staff Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Joseph R. Farris, Esq.

Mr. Frederick J. Shon, Member Feldman, Hall, Franden, Reed Atomic Safety and Licensing & Woodard Board Panel 816 Enterprise Building U.S. Nuclear Regulatory Tulsa, Oklahoma 74103 Commission Washington, D.C. 20555 Andrew T. Dalton, Esq.

1437 South Main Street Dr. Paul W. Purdom Suite 302 Chairman, Department of Tulsa, Oklahoma 74119 Civil Engineering Drexel University Mrs. Ilene H. Younghein 32nd and Chestnut Streets 3800 Cashion Place Philadelphia, Pennsylvania 19104 Oklahoma City, Oklahoma 73112 Joseph Gallo, Esq. Atomic Safety and Licensing Isham, Lincoln & Beale Appeal Board Panel 1050 - 17th Street, N.W. U.S. Nuclear Regulatory Washington, D.C. 20036 Ccmmission Washington, D.C. 20555

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Atomic Safety and Licensing Mr. Maynard Human Board Panel General Manager U.S. Nuclear Regulatory Western Farmers Electric Commission Cooperative Washington, D.C. 20555 Post Office Box 429 Andarko, Oklahoma 73005 Docketing and Service Branch Offica ;f the Secretary of Dr. M. J. Robinson the Commission Black & Veatch U.S. Nuclear Regulatory Post Office Box 8405 Commission Kansas City, Missouri 64114 Washington, D.C. 20555 (20 copies) Paul M. Murphy, Esq.

Michael I. Miller, Esq.

Mr. Lawrence Burrell Alan P. Bielawski, Esq.

Route 1, Box 197 Isham, Lincoln & Beale Fairview, Oklahoma 73737 One 1st' National Plaza Suite 2400 Mr. Gerald F. Diddle Chicago, Illinois 60606 General Manager Associated Electric Lawrence J. Chandler, Esq.

Cooperative, Inc. Office of the Executive Post Office Box 754 Legal Director Springfield, Missouri 65801 U.S. Nuclear Regulatory Commission Jan Eric Cartwright, Esq. Washington, D.C. 20555 Attorney General of Oklahoma Charles S. Rogers, Esq. Mr. Homer C. Schmidt Assistant Attorney General Texas Utilities Services, Inc.

State of Oklahoma 2001 Bryan Tower 112 State Capitol Building Dallas, Texas 75201 Oklahoma City, Oklahoma 73105 Mr. Vaughn L. Conrad Mr. T. N. Ewing Public Service Company of Oklahoma Post Office Box 201 Tulsa, Oklahoma 74102 Mrs. Carrie Dickerson Citizens Action for Safe Energy, Inc.

Post Office Box 924 Claremore, Oklahoma 74107 . ,

Reynolds

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Nicholas Counsel S.for Texas Utilities Generating Company Dated: January 4, 1980 Jd iI i 18')