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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20039B5361981-12-16016 December 1981 Response to ASLB 811210 Order.Lists Preconst Activities Taken at Proposed Site.Certificate of Svc Encl ML20058M0481981-11-16016 November 1981 Order Granting Partial Initial Decision Vacated on Ground of Mootness ML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2851981-09-14014 September 1981 Detailed Statement of Commonwealth of Ma TMI-related Contentions.Certificate of Svc Encl.Related Correspondence ML20010H2401981-09-14014 September 1981 Confirms That ASLB Need Not Rule on Motion for Protective Order Re Commonwealth of Ma 810814 Notice of Deposition. Applicant Production of Documents Obviates Need for Deposition.Certificate of Svc Encl.Related Correspondence ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20010H2831981-09-14014 September 1981 Conditional Notice of Withdrawal of Listed Portions of 810821 Emergency Planning Contentions.Withdrawal Conditional on Incorporation of Revised Evaucation Study in Psar.W/ Certificate of Svc.Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20010G5081981-09-0808 September 1981 Response to Commonwealth of Ma First Set of Document Requests Re TMI Issues.Certificate of Svc Encl ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20005B9251981-09-0101 September 1981 Response to NRC First Set of Interrogatories Directed to Commonwealth of Ma.Certificate of Svc Encl.Related Correspondence ML20005B9331981-08-28028 August 1981 Supplemental Response to First Set of Interrogatories Re Emergency Planning in Compliance W/Aslb 810820 Ruling on Discovery.Certificate of Svc Encl.Related Correspondence ML20005B9301981-08-28028 August 1981 Response to First Set of Interrogatories Re TMI Issues, App B to NUREG-0718.Related Correspondence ML20010C9041981-08-17017 August 1981 Responses to Applicants' Interrogatories Re Emergency Planning & TMI-2 Related Issues.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010D1721981-08-14014 August 1981 Response to Commonwealth of Ma Second Set of Interrogatories Re Emergency Planning.Protective Order Re Production & Identification of Repts Prepared by Hmm Associates Should Be Granted.Certificate of Svc Encl.Related Correspondence ML20010C8401981-08-14014 August 1981 Notice of 810904 Depositions of Rh Cunningham,Rj Merlino & Util Employee W/Described Knowledge.Existence,Methodology & Results of Studies Re 10 & 30-mile Evacuation Radius to Be Addressed.W/Certificate of Svc.Related Correspondence ML20010C8451981-08-14014 August 1981 Notice of 810902 Deposition of Persons Designated by NRC to Have Knowledge of Methodology & Results of Analysis of Accident Consequences & Feasibility of Protective Actions. W/Certificate of Svc.Related Correspondence ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C5951981-08-14014 August 1981 Request for Production of Documents Directed to NRC Re TMI-2.Certificate of Svc Encl.Related Correspondence ML20010C5801981-08-14014 August 1981 Interrogatories Directed to NRC Re Emergency Planning & TMI-2 Related Issues.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010B2031981-08-0505 August 1981 Second Set of Requests for Production of Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010B3071981-08-0505 August 1981 Second Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20010A8861981-08-0404 August 1981 Second Set of Interrogatories Directed to Util Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20010A8881981-08-0404 August 1981 Second Set of Requests for Production of Documents Directed to Util Re Emergency Planning.Certificate of Svc Encl. Related Correspondence ML20010A8811981-08-0404 August 1981 Response to Commonwealth of Ma Request for Production of Documents (First Set).Objects to Certain Requests as Overly Broad & Burdensome.Certificate of Svc Encl.Related Correspondence ML20009F8361981-07-27027 July 1981 Interrogatories Directed to Commonwealth of Ma Re Emergency Planning & TMI-related Issues.Certificate of Svc Encl. Related Correspondence ML20009F8511981-07-24024 July 1981 Application for Subpoena Directed to Argonne National Computer Ctr to Produce Any Software or Document Containing or Describing Mod or Improvement to Crac Code Since Development.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20005B9541981-07-20020 July 1981 Response to Commonwealth of Ma First Set of Interrogatories Re Emergency Planning.Prof Qualifications & Certificate of Svc Encl.Related Correspondence ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005B4011981-07-0101 July 1981 First Set of Requests for Documents Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B4001981-07-0101 July 1981 First Set of Interrogatories Directed to Applicant Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3981981-07-0101 July 1981 First Set of Interrogatories Directed to NRC Re Emergency Planning.Certificate of Svc Encl.Related Correspondence ML20005B3791981-07-0101 July 1981 First Set of Requests for Production of Documents Re Emergency Planning Directed to Util.Certificate of Svc Encl.Related Correspondence ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20005A4361981-06-17017 June 1981 Brief in Opposition to Exceptions Taken by Intervenors Ma Wildlife Federation,Commonwealth of Ma & AR & MW Cleeton Re ASLB 810202 Partial Initial decision,LBP-81-3.Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6071981-05-21021 May 1981 Brief Supporting Exceptions to ASLB Partial Initial Decision Findings of Fact & Conclusions of Law on All Matters Except Emergency Planning & TMI-2 Related Issues.Constitutionality of Regulation Should Be Decided.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20004B6481981-05-19019 May 1981 Brief in Support of Exceptions 1,2 & 6 to ASLB 810202 Partial Initial Decisions.Decision Should Be Reversed & Matter Remanded for Further Considerations of Class 9 Accidents.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl 1981-09-09
[Table view] Category:PLEADINGS
MONTHYEARML20011A6091981-10-23023 October 1981 Motion for ASLB Order Allowing Withdrawal of Application & Terminating Adjudicatory Proceeding Before Aslb. Certificate of Svc Encl ML20010H2431981-09-14014 September 1981 Motion to Compel Answers to First Set of Interrogatories Directed to Util Re TMI Issues.Certificate of Svc Encl. Related Correspondence ML20005B8851981-09-0909 September 1981 Errata Sheet to Commonwealth of Ma 810824 Request for Clarification/Motions for Extension of Time for Filing Direct Testimony on Emergency Planning & Ruling Re Rebuttal Testimony.Certificate of Svc Encl.Related Correspondence ML20005B9081981-09-0202 September 1981 Suppl to Commonwealth of Ma 810824 Motion to Extend Time for Filing Direct Testimony on Emergency Planning.Addl Listed Events,Which Occurred Since Motion Filed,Lend Support to Motion.Certificate of Svc Encl ML20010D1631981-08-17017 August 1981 Request for Prehearing Conference to Be Held on 810901 & for Rescheduling of Argument on Exceptions to Partial Initial Decision.Certificate of Svc Encl ML20010C8521981-08-14014 August 1981 Motion for Order to Compel Production of Documents Per Commonwealth of Ma 810701 First Set of Requests.Util Response Inconsistent W/Proper Purpose & Scope of Discovery. Certificate of Svc Encl.Related Correspondence ML20010C4411981-08-12012 August 1981 Motion Requesting That Scheduled Aslab 810901 Oral Argument & ASLB 810901 Prehearing Conference Not Be Held on Same Day. Certificate of Svc Encl ML20010C2911981-08-10010 August 1981 Answer in Opposition to Applicant 810804 Motion for Protective Order.Applicant Arguments Are Absurd & Indicative of Lack of Concern for Public Safety.Certificate of Svc Encl ML20010C2981981-08-10010 August 1981 Motion to Reconsider ASLB 810803 Denial of State of Il 810715 Motion to Modify Prehearing Conference Order.Stated Grounds for Denial Are Inaccurate.Certificate of Svc Encl ML20010A8951981-08-0404 August 1981 Motion for Protective Order & Answer to Commonwealth of Ma Motion to Compel.Motion Should Be Denied.Certificate of Svc Encl.Related Correspondence ML20010A8841981-08-0404 August 1981 Motion to Amend ASLB 810702 Prehearing Conference Order, Changing Commencement Date of Hearing on Emergency Planning Issues from 811009 to 13.Applicant Counsel Has Prior Engagement.Certificate of Svc Encl ML20009F8481981-07-24024 July 1981 Answer Opposing NRC 810710 & 15 Motions for Protective Order.Nrc Misperceived & Mischaracterized Nature of Questions.Commonwealth of Ma Is Requesting NRC Position on Issues,Not Info on Issues ML20009F8451981-07-24024 July 1981 Motion to Compel Answers to Commonwealth of Ma First Set of Interrogatories Directed to Util Re Emergency Planning. Interrogatories Are Relevant to Contentions.Certificate of Svc Encl ML20009D0721981-07-15015 July 1981 Motion to Modify Prehearing Conference Order.Order Should Reflect Commonwealth Objection to Proceed W/Conference W/O Court Reporter,Request for 2-month Discovery Period & Request to Change Date to 810831.W/Certificate of Svc ML20005A4071981-06-17017 June 1981 Answer of a & M Cleeton Supporting Applicant Motion for Order Scheduling Further Proceedings Re Emergency Planning. Certificate of Svc Encl ML20126M3831981-06-0909 June 1981 Answer Supporting Applicant Motion for Order Scheduling Proceedings on Emergency Planning,W/Suggested Revisions to Proposed Schedule.First Prehearing Conference & Opening of Discovery Would Be on 810622.W/Certificate of Svc ML20004E7901981-06-0404 June 1981 Motion for Order Scheduling Further Proceedings on Emergency Planning as Listed.First Prehearing Conference & Opening of Discovery Should Be on 810622,w/discovery Closing on 810722.Certificate of Svc Encl ML20004B6051981-05-21021 May 1981 Motion for Leave to File Brief in Support of Exceptions Out of time.Two-day Delay Was Caused by Sudden Illness of Secretary.Certificate of Svc Encl ML20004B6941981-05-19019 May 1981 Exceptions to ASLB Partial Initial Decision.Aslb Erred in Considering Benefits Vs Costs Before Evidentiary Hearings on Emergency Planning & TMI-2 Issues.Certificate of Svc Encl ML20003D2731981-03-12012 March 1981 Joint Motion for Consolidation of Date for Filing Briefs & Extension Until 810519 to File Briefs.Good Cause for Commonwealth of Ma Is Necessity for Thorough Review,Counsel Illness & Litigation Obligations.Certificate of Svc Encl ML20003D1861981-03-0505 March 1981 Request for Order Setting Time Period for Filing Brief in Opposition to Exceptions to Partial Initial Decision.Date Should Run from Filing of Last Brief in Support of Exceptions.Granted for ASLAB,810309 ML20003D2181981-03-0505 March 1981 Request for Order That Time Frame for Applicants to File Brief Opposing Exceptions from Partial Initial Decision Will Run from Date Last Supporting Brief Was Filed.One Brief Will Respond to All Exceptions.W/Certificate of Svc ML19350A2901981-03-0202 March 1981 Response to ASLB 810219 Order,Notifying ASLB That Applicant Can Be Ready to Proceed W/Remaining Emergency Planning Hearings After NRC Files Ser.Certificate of Svc Encl ML19341D4681981-02-25025 February 1981 Appeal & Exceptions to ASLB 810202 Partial Initial Decision. ASLB Erred in Considering Benefits Vs Costs Before Evidentiary Hearing & in Not Determining Effect of Unsolved Generic Matters on CP Issuance.W/Certificate of Svc ML20003C1231981-02-18018 February 1981 Appeal & Exception to ASLB 810202 Partial Initial Decision. Board Erred in Concluding Suitability of Site from Geographic & Population Viewpoints & That Population Density Is within Established Guidelines.Certificate of Svc Encl ML20003C3251981-02-18018 February 1981 Exceptions to Partial Initial Decision & ASLB 780714 Order. Exceptions:Aslb Denied Petitioner Opportunity to Litigate Cost/Benefit Analysis & Requirement to Install Addl Radwaste Filtration & Containment Sys.Certificate of Svc Encl ML19338E1861980-09-18018 September 1980 Response Stating No Objection W/O Concurring in State of Ma Motion to Suppl Hearing Record on Need for Power Re Energy & Peak Demand Forecasts.Reserves Right to Oppose Future Attempts to Reopen Record.Certificate of Svc Encl ML19332A0351980-09-0303 September 1980 Motion to Include Latest Util 10-yr Energy & Peak Demand Forecasts in 790718 Hearings Re Need for Power.Urges Opportunity to Suppl Findings of Fact by All Parties Re Decline in Growth Rates.Certificate of Svc Encl ML19296B9811980-02-0909 February 1980 Statement in Response to ASLB 800117 Order Requesting Views Re Whether Emergency Planning Is Proper Issue in Proceeding. Urges Dismissal of Issue Due to Development of Present Emergency Planning Rulemaking ML19294B7241980-02-0707 February 1980 Statement in Response to ASLB 800117 Order Re Emergency Planning as Proper Issue in Proceeding.Issue Must Be Litigated Prior to CP Issuance.Psar & NRC Safety Evaluation Must Be Issued Prior to Hearing.Certificate of Svc Encl ML19305B0361980-02-0101 February 1980 Response to ASLB 800118 Order Requesting Statements Re Emergency Planning.Issue Must Include Boston,Providence, Cape Cod & Franklin,Ma Metropolitan Areas.Urges Transport of Spent Fuel by Barge to Sc.Certificate of Svc Encl ML19211A8081979-12-0505 December 1979 Reply in Opposition to Intervenor State of Ma 791105 Proposed Findings of Fact & Conclusions of Law.Number of Conceptual Legal & Factual Errors Prevade Certain Findings on Applicant Financial Qualifications & Other Issues ML19253C9271979-11-30030 November 1979 Objects to ASLB 780714 Order in Lieu of Requests for Findings of Fact & Conclusions of Law.Application of App 1 to Proceeding Violates Procedural & Substantive Rights. Certificate of Svc Encl ML19256E1821979-09-26026 September 1979 Response to NRC Motion to Defer Emergency Planning Issue. Supports Part of Motion Requesting Establishment of Schedule for Filing Proposed Findings Re Completed Issues ML19254F2211979-09-25025 September 1979 Memorandum in Opposition to Dismissal of Commonwealth of Ma Emergency Planning Contention Addressed During 790910 Conference Telcon.Urges ASLB Defer Next Hearings Until New Regulations Issued.Certificate of Svc Encl ML19209B2131979-08-24024 August 1979 Application for Subpoenas to Be Issued to Ma Dept of Public Health & to Ma Civil Defense Agency & Ofc of Emergency Preparedness for Attendance at 791001 Hearings on Util CP Application.Ltr Re Facility Monitoring Sys Agreement Encl ML19209B8851979-07-27027 July 1979 Motion to Defer Evidentiary Hearings on Emergency Planning & Class 9 Accidents,Scheduled to Begin on 790827.Concerned That Topics of Hearings Will Be Given Only Superficial Attention.Certificate of Svc Encl ML19208D6121979-07-27027 July 1979 Motion for Extension Until 790907 to File J Beyea Written Testimony & to Schedule Witness Appearance on or After 790921.J Beyea,Nuclear Physicist at Princeton Univ,Is Presently Committed to Finish Study on TMI-2 Accident ML19207B9651979-07-16016 July 1979 Motion to Schedule Testimony of Weiner,Legrow,Bourcier & Bartsow of Boston Edison & Chernick & Geller of Commonwealth of Ma.Date Should Be No Sooner than 790723. Certificate of Svc Encl ML19246C3691979-06-29029 June 1979 Second Motion Submitted by Util That ASLB Take Official Notice of Certain State Statutes,Court Decisions & Documents from States of Vt,Nh,Ri & Ct.Certificate of Svc Encl ML19256B4821979-06-26026 June 1979 Boston Edison Motion for Protective Orders & Objections to Commonwealth of Ma Interrogatories 33,34,35(d) & 39-41 Re Need for Power Issue ML19246C0021979-06-22022 June 1979 Boston Edison Motion for Extension Until 790709 to Answer Commonwealth of Ma Interrogatories Re Need for Power Issue ML19246C0211979-06-11011 June 1979 Boston Edison Motion to Take Official Notice of Certain State Statutes Court Decisions of Nh,Ct,Vt & Ri.Certificate of Svc Encl ML19225A3081979-06-0808 June 1979 Boston Edison Memo in Support of Admission of Expert Opinion Evidence in Proceeding ML19225A2951979-06-0707 June 1979 Commonwealth of Ma Objections to Admission of Boston Edison 780802 Legal Opinions During 790611 Hearing.Certificate of Svc Encl ML19246B8671979-06-0707 June 1979 Commonwealth of Ma Interrogatories Directed to NRC Re Need for Power Issue.Certificate of Svc Encl ML19246B0341979-06-0101 June 1979 Ma Governor Ofc of Energy Resources Support of 790524 Petition to Participate as Interested State Agency Or,In Alternative,To Make Limited Appearance.Certificate of Svc Encl ML19225A1001979-06-0101 June 1979 Response of Intervenor Cleetons in Opposition to Ma Ofc of Energy Resources 790524 Petition for Leave to Participate as Interested State Agency.Certificate of Svc Encl ML19224D2241979-06-0101 June 1979 Commonwealth of Ma Response to Ma Governor Ofc of Energy Resources Petition to Participate as Interested State Agency in Proceeding.Expresses Some Remarks,But Does Not Object Participation.Certificate of Svc Encl ML19246B6871979-06-0101 June 1979 Boston Edison Response to Ma Ofc of Energy Resources 790523 Petition to Participate as Interested State Agency. Petitioners Participation Is Encouraged & Appropriate as Matter of Policy.Certificate of Svc Encl 1981-09-09
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72 - 4' # NUCLEAR REGULATORY COMMISSION 1 & Y ',Q) 5 4glV mEFORE THE ATOMIC SAFETY AND LICENSING EOARJ
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In the Matter of )
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BOSTON EDISON COMPANY, et al. )
) Docket No. S0-471 (Pilgrim Nuclear Generating Station, )
Unit 2) )
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MEMORANDUM OF THE COMMONEALTH OF MASSACHUSETTS IN OPPOSITION TO DISMISSAL OF ITS CONTENTION ON EMERGENCY PLANNING In the course of a conference call on September 10, 1979 the parties were asked to brief the following question: in light of the consideration now being given by the NRC to the issue of emergency planning, should the Licensing Soard dismiss the Commonwealth's emergency planning contention as a matta.:
presently the subject of a generic rulemaking proceeding? For the folicwing reasons, the Commonwealth opposes dismissal of the contention, but does renew its request that the evidentiary hearings on emergency hearings not be reconvened until further guidance on emergency planning has been issued by the NRC, guidance which can reasonably be expected to be f0::hcoming in the next few months.
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Although a licensing board is not required to consider the details of a proposed emergency plan in reaching a decision on an application for a construction permit, it must at the very least determine whether surrounding popclation densities, transportation routes, land use and other unique site characteristics might combine to render any emergency plan ineffective. Southern California Edison Commanv, et al (San Onofre Nuclear Generating Station, Units 2 and 3) , ALA3-248,,8 AEC 957, 962-63 (1974); Consumers Power Commanv (Midland Plant Units 1 and 2) , ALAS-121, 6 AIC 331, 342-43 (1973); 10 CFR Part 50, Appendix E, Sections I-III. The issue, therefore, is one of emergency planning feasibility, and as such is a site-specific marter that must be resolved by censideration of the demographic, meteorological and topciogical peculiarities of the area surrouncing the proposed reactor. Emergency planning
. feasibility, in turn,is a necessary ccmponent of the larger -
issues of site suitability (see 10 CFR S100.10), reacec: safety (see 10 CIR 550.34 (a] [lC] and Appendix E to 10 CIR Part 50) and the NEPA alternative sites cost-benefit analysis (see Supplementary Information to the proposed amendmenc to Appendix E, 43 Fed. Reg. 37473, 74 (August 20, 1973), all of which must be resolved prior to the issuance of a construction permit. In short, if the feasibility issue is to be considered at all, it must be at scme time prict to the start of construction; to deal with it =t any time thereafter is both illogical and runs the considerable risk that the applicant's ongoing investment
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in the pecjecc will impermissibly affect the decision-making prcCess.
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Based on these considerations, the Staff supported and this Board granted the Commonwealth's motion that the feasibility of emergency planning for the Pilgrim 2 reactor site be tak:n up during the construction permit phase of these proceedings. Because the accident at Three Mile Island has obliged the NRC to reassess its policies with respect to emergency planning, however, the question has now arisen whether the Commonwealth's contentions should not be dismissed under those cases holding that licensing boards should not accept contentions which are the subject of pending or imminent generic rulemaking proceedings. See Potomac Electric Power Comcany (Douglas Point Nuclear Generacing Stations, Units 1 and 2), ALAB-218, 8 AIC 79, 84-85 (1974); Lonc Island Lichtine Comcanv (Shoreham Nuclear Power S tation) , ALA3-99, 6 AIC 53, 55-56 (1973) ; Vermont Yankee Nuclear Power Corcoration (Vermont Yankee Nuclear Pcwer Station) , ALA3-179, 7 AIC 15 9 , 16 3 -6 4
-(1974). In each of these proceedings, intervenors sought to litigate the enviror. mental consequences of the uranium fuel cycle at a time when the Ccmmission itself was considering the matter generically, and in each instance the Appeal Board held that the pending rulemaking action at least tempcrarily precluded consideration of the issue by individual licensing boards.
In order to determine the impact of the fuel cycle cases on the instant proceedings, it is necessary to understand the factual context in whi'ch they arose. Between November of 1972
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and April of 1974, the NRC conducted a detailed study of the production, transportation, consumption and disposal of uranium fuel, and ultimately promulgated a definitive regulation that quantified the environmental effects of tne entire fuel cycle by providing numerical values that could then be factored into to the cost-benefit analysis that must be performed under NEPA for each individual proposed reactor. Generic rulemaking in this instance was particularly appropriate, for as was noted in Ecolccv Action v. United States Atemic Enerev Commission, 492
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F.2d 998, 1002 (2nd Cir. 1974) , "it would be absurd that the issue of the environmental effect of uranium mining in Wyoming should have to be separately considered on every application to construct nuclear plants from Maine to California." A similar rational:was provided by the Appeal Board in Deuclas Point:
The proper evaluation of the environmental consequences of the uranium fuel cycle, initially raised in the Vermon: Yankee adjudication, was not a matter capable of simple resolution. It necessarily encompassed censiderations far transcending the operation of a single nuclear power generator in New England. It resciution required knowledgeable examination into industry-wide and nation-wide proclems and pclicies relating to mining, processing, storing, transporting and ultimately disposing of uranium fuel. Indeed, as noted in Vermon: Yankee, full information respecting seme of
- ncse questions had not at that time been developed, much less explored. 4 AIC at 938. The uranium fuel cycle issue was thus particularly appropriate for resolution by the Ccemission in a rulemaking preceeding. In context, our observations in Ver=cnt Yankee about the availabiliry of that procedure (e.g., 4 AEC at 937) must be understcod as anticipative, although notice that the Commission was about to embark on rulemaking to consider the environmental e'fects of the uranium fuel cycle was
,nc t announced fermally until a few =cnths thereafter. 37 F.R. 24131. Our censideration in l2 131
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adjudicatory proceedings of issues presently to be taken up by the Commission in rulemaking would be, to say the least, a wasteful duplication of effort.
Id. at 85.
There are a number of aspectg of the fuel cycle cases that bear emphasis. First, as was noted by the Appeal Board in Shoreham, the NRC's pending rulemaking proceeding precluded consideration of the environmental effect of the fuel cycle by individual licensing boards, but'only to the extent _that the issue sought to be raised was 'not unique to any given reactor." Id. at 55. Accordingly, individual licensing proceedings could still be expected to reach such
" site-dependent" issues as the transportation of fuel elements to the plant itself and the removal of i :idated fuel f:cm the plant to a reprocessing facility. Id. at 54, 56. See also Vermont Yankee, suora at 164, fn. 12.
Second, the Ccmmission's comprehensive rulemaking proceeding involved what amounts to final findings of f act with respect to all phases of the uranium fuel cycle as it takes place throughout the natica and throughout the industry. It was not a matter of issuing guidelines or standards that were then to be applied by lic_ensing boards in relitigating the macter; the fuel cycle itself was considered on the merits, and a quantative and irrebuttable judgment made that then became applicable to all individual proceedings. Because the nation-wide character of this issue lent itself to generic rulemaking, in other words, individual licensing boards were relieved of = #=ct-finding respcnsibility with respect to it.
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Finally, although the fuel cycle contentions in Douclas Point were initially excluded because of the NRC's pending generic consideration of the issue, its rulemaking process was concluded well before issuance of the Douglas Point construc-tion permit, so that the intervenors were then free to once again raise their fuel cycle contentions, at least to the extent that certain purely local aspects of the issue were not foreclosed by the NRC's new regulation. The Appeal Board in Douclas Point, therefore, had no occasion to consider whether pending rulemaking could operate to foreciose consideration of an issue altogether, or to foreclose it at that stage of the proceedings where it appropriately belonged. Indeed, in the face of a interpretation of the new regulation by the applicant and the staff which would have prevented its application in the ongoing Douglas Point licensing proceeding, the Board insisted on a contrary interpretation that would avoid leaving "a gap through which some pending applications might pass free of all consideration of the environmental effects of the uranium fuel cycle." Id. at 37.
In contrast to the fuel cycle cases, the issue of emergency planning currently before this Board is generic only in the sense that it can be reasonably anticipated hat the NRC will socn issue note elaborate guidelines and standards to aid individt'?.1 licensing boards in reaching the required site-specific determination as to whether effective emergency neasures can be :aken.to protect the public in the area 19'2 133
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surrounding a proposed reactor. In short, there is nothing currently being contemplated by the NRC that will relieve this Board of its responsibility under existing regulations to make findings of fact on the emergency planning feasibility issue, and in accordance with San Onofre and Midland that determination must be made prior to issuance of the
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The issue, therefore, is not one of preclusion but one of timing: at some point prior to the close of the record on 3ECo's application for a construction permit, this Board must consider the question of' emergency planning feasibility, as required by 10 CFR 550.34 (a) (10) , Appendix E to 10 CFR Part 50 the " interim guifance" provided by the propcsed amendment to Appendix I and 10 CFR 5100.10. If this issue is reached after the NRC issues its new guidelines, then all parties and the Board will have the benefit of the work done by the Staff in reassessing NRC emergency planning policy in the lignt of Three Mile Irland; if it is reached before the NRC acts, then we must rely en present guidance, as well as whatever can be gleaned frcm the engcing Staff effort.
The Co=nenwealth welecmes the Staff's motion that it be granted additional time to carry out further studies in the Plymouth area, for it was this lack of data and thoroughgoing analysis that originally prompted the Commonwealth's emergency planning contention. In addition to citing its need for more site-specific inf ormation, hcwever, the S taf f in its action i? 2 134
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also noted that the NRC has a number of emergency planning projects in various stages of completion, and the Ccamonwealth continues to urge this Board not to rush into hearings without first determining what further guidance might be forthecming from the NRC in the near future.
Some of the deliberations now going on within the NRC cannot reasonably be expected to be concluded within the next year, and we would not progese to wait that long. On the other hand, certain decisions, reports and new regulations are due to be issued shortly, and they can be expected to provide this Board and the parties wi'th further insights into the issue of emergency planning. In making its decision when to commence the hearings, this Board should be mindful of the folicwing:
- 1. In June of 1979 the NRC's Task Force of Emergency Planning was established in respense to the accident at Three Mile Island. It submitted its final report en August 9, 1979, and its reccmmendations are currently under consideration by the Commission. See SECY-79-499.
- 2. Expedited rulemaking en emergency planning is currently in progress, with the final rule new expected to be published en January 15, 1980.
- 3. The report of the joint EPA /NRC Task Force on Emergency Planning, NUREG-0396, was submitted for Commission approval on July 25, 1979 and is currently under consideration. See SECY-79-461.
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- 4. Thereportofthe'S[tingPolicyTaskForce, NUREG-0625, has been issued and is presently under consideration by the Commission.
- 5. On October 25, 1979 the final report of the President's Commission on Three Mile Island is due, and emergency planning is one of the areas that it will be addressing.
Of particular interest to the Commonwealth are the new emergency planning regulations, due to be promulgated on January 15, 1980. Since the Staff has said that it will require seven weeks af ter its site visit to analyze the data it gathers, the delay necessitated by the staff's site visit will bring the earliest date for reconvening of the hearings quite close to January. Under these circumstances, and with a briefing schedule already in place for all other cutstanding issues, the Commonwealth urges this Board to defer the next round of hearings until af ter issuance of the new emergency planning regulations.
Respectfully submitted, FRANCIS X. 3ELLOTTI Attorney General
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Assistant Attorney General Environmental Protection Division Public Protection Bureau One Ashbur:cn Place, 19th Flec:
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UNITED STATES OF AMERICA .
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NUCI2AR REGULATORY COMMISSION t
BEFORE THE ATOMIC SAFETY AND LICENSING SOARD
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In the Matter of )
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[- -5 (Pilgrim Nuclear Generating ) Docket No. 50-471 (5'
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CERTIFICATE OF SERVICE I, FRANK S. WRIGHT,'ereby h certify that the foregoing
" Memorandum of the Ccmonwealth of Massachusetts in Opposition to Dismissal of the Contention en Emergency Planning" submitted by the Com=onwealth of Massachusetts, Intervenor, has been served en the folicwing by depositing copies thereof in the United States Mail, first class postage prepaid, this 25th day of Septerter, 1979:
ANDREW C. GCCDEOPE, ESQ. 3ARRY E. SMITE, ESQ.
Chairman, Atomic Safety and MARCIA E. MULEEY, ESQ.
Licensing Scard Office of the Executive 0.S. Nuclear Regulatory Cc= mission Legal Director Washington, D.C. U.S. Nuclear Regulatory Cc==ission Washington, D.C. 20555 OR. A. DIXON CAILIEAN Union Carbide Corpora:ica ATOMIC SAFE"'Y AND LICENSING
?.O. Scx Y SOARD PANEL Ca% Ridge, Tennessee 37830 U.S. Nuclear Regula: Cry Cc==ission Washington, D.C. 20555 IR. RICEARD F. CCLE Accmic Safety and Licensing Scard WILLIMi S . A33CTT, ESQ.
C.S. Nuclear Regulatory Commission 50 Congress Street, Suite 925 Washington, D.C. 20555 Scsten, Massachusetts 02109 ATOMIC SAFETY AND LICENSING OFFICE OF IEE SECRETARY .
APPEAL SCARD Occketing and Serzice Section U.S. Nuclear Regulatorf Comissicn U.S. Nuclear Regulatc y Cc==ission Washington, D.C. 20555 Washington, D.C. 20555 MR. DANI.E F. FORD MR. AND MRS. ALAN R. CLIETCN
'208 Massachusetts Avenue
. 22 Mackin csh Stree Ca.rtridge , Massachusetis 02133 Franklin, Massachusetts 32038
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HENRY HERRMANN, ESQ.
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North Street Ropes and Gray Plymouth, Massachusetts 02360 225 Franklin Street Boston, Massachusetts 02110 EDWARD L. SELGRADE Deputy Director Governor's Office of Energy Resources '
73 Trement Street Soston, Massachusetts 02108
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FRANK S. WRIGHT Assistant Attorney General Environmental Protection Division One Ashburton Place, 19th Flecr Scsten, Massachusetts 02108 (617) 727-2265
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