ML19326B046

Coalition for Safe Nuclear Power Exceptions to 720519 Initial Decision.Board Erred in Excluding Testimony from Parties Testifying on Issues Re Environ Harm from Plant Operation.Certificate of Svc Encl

ML19326B046
Person / Time
Site:	Davis Besse
Issue date:	05/23/1972
From:	Kalur J COALITION FOR SAFE NUCLEAR POWER, JAMISON, ULRICH, BURKHALTER & HESSER
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML19326B041	List: ML19326B040 ML19326B046
References
NUDOCS 8003060824
Download: ML19326B046 (3)

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UNITED STATES OF AMERICA ru ATOMIC ENERGY COMMISS10N BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL 80ARO in the Matter of: )

THE TOLEDO EDISON COMPANY )

and Oocket No. 50-346 -

THE CLEVELAND ELECTRIC )

ILLUMINATING COMPANY (Davis-Besse Nuclear Power Station) )

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EXCEPTIONS TO THE INITIAL DECISION intervenor Coalition For Safe Nuclear Power hereby submits the following exceptions to the initial decision of the Atomic  !

I Safety and Licensing Board rendered on May 19, 1972:

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1. The Board erred in excluding testimony from any f t

of the parties upon the issue of environmental .

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harm from plant operation. By foreclosing this i

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I evi dence, the Board foreciosed inquiry into the  :

major alternative of plant abandonment following fr NEPA review and the influence that continuing I

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financial expenditures could have upon the I l

adoption of the alternative of abandonment.

(See pp. 6-10 of Initial Decision) (Tr. 447-448) i I

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2. The participation of the Regulatory Staff l

as a party to the suspension hearing violated the intervenors' rights to a Yair adversary hearing as is inherent in the due process clause of the Fifth Amendment to the United States Constitution.

(Tr. 12) 3 Conclusion four in Section F of the initial Decision is unsupported by substantial, reliable and probative evidence, since the Board eliminated l any evidence as to the " outcome of NEPA"

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effect upon that revi ew.

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4. Intervenor Coalition for Safe Nuclear Power 3

was denied a fair hearing because of the 1

conduct of- the proceedings as follows:  ;

(1) intervenor was not allowed to cross- j examine each wi tness as di rect examination <

i was completed, (2) the transcript reflects

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numerous occasions where the permiteest

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witnesses cenied that they had prepared l

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some portion of the written testimony they

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had previously sworn was theirs (ali motions to strike such testimony were overruled), and (3) the Feoeral Power Commission, through

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Mr. A. L. Tolston and Federal Power Commission counsel were allowed to appear and act as a party to the proceedings. In essence, the proceedings corresponded more clearly to a town meeting than an adjudicatory proceeding.

-(Tr. 375-414)

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n Jerome S. Kalur Coun$el for Intervenors CERTIFICATE OF SERVICE I hereby certify that copies of the Exceptions to the ini tial Deci sion were served on the following, by deposi t in the

.U. S. Mail on May 23, 1972:

Secretary (20) Gerald Charnoff, Esq.

U. S. Atomic Energy Commi ssion Shaw, Pittman, Potts & Trowbrid ge

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Washington, D. C. 20545 910 17th Street, N. W.

Attn: Chief, Public Proceedings Washington, D. C. 20006

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Branch Atomic Safety and Licensing Algie A. Wells, Esq. Board Panel Atomic. Safety and Licensing U. S. Atomi c Energy Commi ssion Appeal Board .

Washington, D. C. 20545 U. S. Atomic Energy Commission Washington, D. C. 20545

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Martin Malsch, Esq.

Office of General Counsel U. S. Atomic Energy Commission

. Washington, D. C. 20545 s C. \/O

/ AIO M ., G ."\% h A J_ rome S. Kalur

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