ML18026A508

Certifies Svc of Applicants' Motion for Summary Disposition of Contention 16 W/Supportive Statement of Matl Facts & Wj Rhoades Affidavit,On 801027

ML18026A508
Person / Time
Site:	Susquehanna
Issue date:	10/27/1980
From:	SILBERG J E ALLEGHENY ELECTRIC COOPERATIVE, INC., PENNSYLVANIA POWER & LIGHT CO.
To:
References
NUDOCS 8010300561
Download: ML18026A508 (11)

Text

UNITED STATES OF AMERICA'cO Q".p(C NUCLEAR REGULATORY COMMISSION 0//Icy~0@BEFORE THE ATOMIC SAFETY AND LICENSING BO'g Zn the Matter of PE'HNSYLVANIA POWER&LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE INC.F (Susquehanna Steam Electric Station, Units 1 and 2)88~)))Docket Nos.50-387)50-3))))CERTIFICATE OF SERVICE This is to certify that copies of the foregoing"Applicants'otion For Summary Disposition of Contention 16 (Cooling Tower Discharge)

","Applicants'tatement To Material Facts As To Which There Zs No Genuine Issue To Be Heard (Contention 16)" and ,"Affidavit, Of Walter J.Rhoades Zn Support of Summary Disposition Of Contention 16 (Cooling Tower Discharge)

" were served by deposit in the U.S.Mail, first class, postage prepaid, this 27th day of October, 1980, to all those on the attached Service List.Ja.rib g'ated: October 27, 1980 H UNITED STATES OF AME NUCLEAR REGULATORY

'COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of" PENNSYLVANIA POWER&LIGHT COMPANY and ALLEGHENY ELECTRIC COOPERATIVE,, INC.(Susquehanna Steam Electric Station, Units 1 and 2))))))Docket Nos.50-387)50-388),))).SERVICE LIST Secretary of the Commission U.S.Nuclear Regulatory Commission Washington, D.C.20555 Charles Bechhoefer, Esp.Chairman Atomic Safety and Licensing Board Panel U."S.Nuclear Regulatory Commission Washington, D.C.20555 Mr.Glenn O.Bright A'tomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Dr.Oscar H.Paris Atomic Safety and Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555 Atomic Safety and Licensing~Board PanelU.S.Nuclear Regulatory Commission Washington, D.C.20555, Docketing and Service Section Office of the Secretary U.S.Nuclear Regulatory Commission Washington, D.C.20555 Dr.Judith H.Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Susquehanna Environmental Advocates c/o Gerald Schultz, Esquire Pqst Office Box 1560 Wzlkes-Barre, Pennsylvania 18703 Mrs.Irene Lemanowicz,, Chairpez son The Citizens Against Nuclear Danger Post Office Box 377 R.D.1 Bezwick, Pennsylvania 18603 Ms.Colleen Marsh 558 A, R.D.N4 Mt., Top, Pennsylvania 18707

-2 James M.Cutchin, ZV, Esp.Office of the Executive Legal Director U.S.Nuclear Regulatory Commission Washington, D.C.20555 Karin W.Carter, Esp.Department of Environmental Resources Commonwealth of Pennsylvania 505 Executive House Post Office Box 2357 Harrisburg, Pennsylvania 17120 Mr.Thomas M.Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania Post, Office Box 2063 Harrisburg, Pennsylvania 17120 Atomic Safety and Licensing.Appeal Board Panel U."S.Nuclear Regulatory Commission Washington, D.C.20555 lj L' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

(/a(1 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PENNSYLVANIA POWER ALLEGHENY ELECTRIC (Susquehanna Steam Units 1 and 2))AND LIGHT COMPANY;)COOPERATIVE, INC.))Electric Station,))Docket Nos.50-387 50-388~NRC STAFF'S ANSWER IN SUPPORT OF APPLICANTS'OTION TO ESTABLISH A DISCOVERY SCHEDULE FOR SAFETY ISSUES INTRODUCTION On October 7, 1980, Applicants filed"Applicants'otion to Establish-Discovery Schedule for Health and Safety Issues." Citing the significant reduction that has occurred in the predicted time period between issuance of the Final Environmental Statement (FES)and the Safety Evaluation Report (SER), the Applicants'tate that it no longer appears feasible to await completion of a hearing on environmental issues before restarting discovery on safety issues, and request that the Board"reinstate the discovery process." For the reasons discussed below the NRC Staff supports the Applicants'otion.

DISCUSSION In its"Memorandum and Order on Discovery Motions (II)" the Board suspended all discovery obligations with respect to safety and combined safety/environ-mental contentions until after the hearing of environmental issues is completed.

-The Board cited among its reasons for taking that action the fact that such a postponement would not adversely affect the ability of any party to prepare for hearing or prevent the coranencement of the hearing on a timely basis./Another of its purposes was to reduce what it viewed 3/to be the then heavy demands of the discovery process on Intervenors.-

As the Applicants point out, changed circumstances support reconsideration of the Board's decision to suspend discovery on safety contentions until the hearing of environmental issues is completed.

At the time the Board made its decision to suspend discovery on safety issues it appeared, based on the time period between issuance of the Final Environmental Statement (FES)and the Safety Evaluation Report (SER)and SER Supplement, that the hearing on safety issues could not begin until almost a year after the hearing on environmental issues had begun.~4/Based on more recent estimates of the schedule for issuing the FES and the SER it now appears that waiting until after completion of the hearing on environmental issues to reinstate discovery obligations on safety issues could result in unnecessary delays in both the start of the hearing on safety issues and completion 1/LBP-79-31, 10 NRC 597, 605.(October 30, 1979).2/Id.g3 Id.4/Id. of the entire proceeding.

-The currently predicted time span between 5/issuance of the FES and the SER is one month.The FES and the SER are scheduled to be issued on January 1 and February 1, 1981respectively.-

6/It would appear prudent to reinstate discovery obligations on safety issues now while the time demands of this proceeding on parties are relatively light.After completion of the hearing on environmental issues, the duty to prepare proposed findings and conclusions on environmental issues and the obligation to complete discovery and prepare for the hearing on safety issues would impose conflicting time demands on all parties to the proceeding.

CONCLUSION For the reasons set forth above the Staff believes that the Applicants'equest for the reinstatement of suspended discovery obligations on safety issues should be granted.Respectfully submitted,+~~Xi l James M.Cutchin, IV Counsel for NRC Staff Dated at Bethesda, Maryland this 27th day of October, 1980 5/See: Letter from Staff Counsel to Licensing Board Members dated July 10, 1980 (copy attached).

Q6"Interim Blue Book," NUREG-0580, (August 1, 1980), page 2-27.

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-+4t4+~'NITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C.20555 July 10, 1380 Charles Bechhoefer, Esq., Chairman Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555 Dr.Oscar H.Paris Atomic Safety and Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555 Mr.Glenn 0.Bright Atomic Safety-and.l.icensing Board U.S.Nuclear Regulatory Commission Washington, D.C.-20555 Gentlemen:

In the Matter of Pennsylvania Power and Light Co.Allegheny Electric Cooperative, Inc.(Susquehanna Steam Electric Station, Units 1 and 2)Docket Nos.50-287, 50-388 At the Special Prehearing Conference held on January 29-31, 1979, I agreed to keep the Board and the parties advised of significant changes in estimated dates for issuance of certain Staff documents.(Tr.at 368.)I have been informed that the Staff's current estimated dates for issuance of the Final'nvironmental Statement (FES), Safety Evaluation Report (SER)and SFR Supplement are early December 1980, early February 1981 and late May 1981, respectively.

Thus the predicted time span between issuance of the FES and issuance of the SER continues to grow shorter.It is now about two months rather than seven months as was predicted when the Board issued its Discovery Order II on October 30, 1979.Based-on the longer time span the Board currently plans to wait until after completiorf of the environmental phase of the hearing to establish a schedule for discovery on safety contentions't now appears that the Board's current plan for scheduling discovery on safety contentions, when coupled with the time involved should intervenors file additional contentions based on"new information" in the FES as allowed by the Board's Order of June 24', 1980, could result in unnecessary delay in both the start of the safety phase of the hearing and the completion of the proceeding.

I will advise the Board and the parties of further significant changes, if any, in the estimated dates for issuance of the FES, the SER and the SER Supplement.

Sincerely, James M.Cutchin, IY Counsel for NRC Staff cc: Jay Silberg, Esq.Dr.Judith H.Johnsrud Mr.Thomas M.Gerusky Ms.Colleen Marsh Mrs.Irene Lemanowicz Susquehanna Environmental Advocates Bryan A.Snapp, Esq.Mr.Robert M.Gallo Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board Secretary UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PENNSYLVANIA POWER AND LIGHT CO.ALLEGHENY ELECTRIC COOPERATIVE, INC.(Susquehanna Steam Electric Station, Units 1 and 2))Docket Nos.50-387 50-388 CERTIFICATE OF SERVICE I hereby certify that copies of"NRC STAFF'S ANSWER IN SUPPORT OF APPLICANTS'OTION TO ESTABLISH A DISCOVERY SCHEDULE FOR SAFETY ISSUES," dated October 27, 1980, in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 27th day of October, 1980:*Charles Bechhoefer, Esq., Chairman Atomic Safety 8 Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555*Mr.Glenn 0.Bright, Member Atomic Safety 5 Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555*Dr.Oscar H.Paris, Member Atomic Safety 5 Licensing Board U.S.Nuclear Regulatory Commission Washington, D.C.20555 Jay Silberg, Esq.Shaw, Pittman, Potts and Trowbridge 1800 M Street, N.W.Washington, D.C.20036 Bryan A.Snapp, Esq.Pennsylvania Power 8 Light Company Two North Ninth Street Allentown, Pennsylvania 18101 Dr.Judith H.Johnsrud Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pennsylvania 16801 Mr.Thomas M.Gerusky, Director Bureau of Radiation Protection Department of Environmental Resources Commonwealth of Pennsylvania P.0.Box 2063 Harrisburg, Pennsylvania 17120 Ms.Colleen Marsh Box 538A, RD84 Mountain Top, Pennsylvania 17120 Mrs.Irene Lemanowicz, Chairperson The Citizens Against Nuclear Dangers P.0.Box 377 RDPl Berwick, Pennsylvania 18503 *Richard S.Salzman, Esq., Chairman Atomic Safety 5 Licensing Appeal Board U.S.Nuclear Regulatory Commission Washington, D.C.20555*Dr.John H.Buck, Member Atomic Safety 8 Licensing Appeal Board U.S.Nuclear Regulatory Commission Washington, D.C.20555"Mr.Thomas S.Moore, Member Atomic Safety 8 Licensing Appeal Board U.S.Nuclear Regulatory Commission Washington, D.C.20555"Atomic Safety 5 Licensing Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555+Atomic Safety&Licensing Appeal Board Panel U.S.Nuclear Regulatory Commission Washington, D.C.20555"Secretary U.S.Nuclear Regulatory Commission ATTN: Chief, Docketing 8 Service Branch Washington, D.C.20555 Susquehanna Environmental Advocates P.0.Box 1560 Wilkes-Barre', Pennsylvania 18703 Mr.Robert M.Gallo Resident Inspector P.0.Box 52 Shickshinny, Pennsylvania 18655 Karin W.Carter, Esq.Department of Environmental Resources 505 Executive House P.0.Box 2357 Harrisburg, Pennsylvania 17120 James M.Cutchin, IV Counsel for NRC Staff