ML19269D462
| ML19269D462 | |
| Person / Time | |
|---|---|
| Site: | 05000516, 05000517 |
| Issue date: | 04/19/1979 |
| From: | Like I SUFFOLK COUNTY, NY |
| To: | |
| References | |
| NUDOCS 7906040093 | |
| Download: ML19269D462 (7) | |
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UNITED STATES OF A'4 ERICA g NUCLEAR REGULATORY COMMISSION #/ . f g a Before The Atomic Safety and Licensing Acceal Board In the Matter of )
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LONG ISLAND LIGHTING COMPANY ) -
and ) Docket Nos. STN 50-516 NEW YORK STATE ELECTRIC & ) STN 50-517 GAS CORPORATION )
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(Jamesport Nuclear Power Station, )
Units 1 & 2) )
COUNTY OF SUFFOLK'S MOTION FOR LEAVE TO FILE A SUPPLEMENTAL BRIEF The incident at the Three Mile Island plant in Pennsyl-vania has a direct and material impact on virtually every iss'ue litigated in these proceedings, is confirmatory of a vast por-tion of the County's proposed findings on those issues and of its legal positions advanced in connection therewith, and re-quires the submission of supplemental briefs in which the effect of the accident on the hearing record made in this case can be addressed. The County accordingly moves for leave to file a supplemental brief on the following admitted contentions arising
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- Means to Ensure Plant Safety (Items I.A.1, 2 and 6) 2258 261 7 9 0 6 0 4 0 0T3
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- Emergency Planning and Evacuation (Item I .C .1 - 3 )-
- Spent Fuel and Radicactive Waste Storage and Disposition (Item I.D.1, 2)
- Steam Generator Tubes (Item IV.F)
- Technical Qualifications and Quality Assurance (Item II.1) .
- Cumulative snd/or Synergistic Effects (Item V.D.1)
- Alternative Sites (Item V.E.1)
- Power Plant Reliability and Cost (Item V.F.1).
The County also moves for permission to supplement its legal arguments made on the following issues:
- Whether the Licensing Board's cost / benefit analysis, and its weighing of the Jamesport plants' environmental, health and safety impacts, complies with NEPA.
- Whether the Licensing Board committed error in failing to require preparation and circulation of a supplemental EIS for Jamesport.
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- Whether the Licensing Board committed.
error in failing to require substantive consideration of occurrence of a Class 9 accident at Jamesport.
- Whether the Licensing Board committed error by crediting Applicants' arguments that there is an economic advantage associated with the early installation of the Jamesport plants irrespective of any actual need for
- their electrical output, and that the plants are needed to reduce dependency on foreign oil.
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- - Whether the Licensing Board committed error by holding that the Applicants' are finan-cially qualified to construct the Jamesport plants, and by failing to consider at all the ability of the ratepayers to pay for the steeply escalating costs of the project.
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The complex of factors which resulted in the near-tragic accident at Three Mile Island - an apparent combination of
~ plant design defects, human error, and regulatory failure -
are well-identified in the hearing record made in the instant
. case. However, the Licensing Board, through a series of ex-clusionary rulings and an improper weighing of the evidence,
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refused to consider the County's findings and legal argu-ments which conclusively establish that the same elements which led to the Three Mile Island catastrophe infect the Jamesport applicction. The County should be permitted to
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establish the' nexus between the t'wo.
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Several other developments of significance tc cne issurs litigated in this proceeding have occurred of which the Board should be made aware. These developments include:
- Testimony submitted in the 1978 149-b Long Range Planning Proceedings (Case No. 27319) - which testimony has been incorporated into the Case.
80003 hearing record - showing that the Jamesport capacity is not needed to meet demands for electricity for at least the next fifteen years.
- A position paper appearing in the August, 1978 Bulletin of the American Meteorological Society on the accuracy of dispersion models that confirms the testimony of County witness Frizzola regarding the inadequacies of Staff's and Applicants' meteorological analysis for Jamesport.
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- The issuance of the final report to the President by the Interagency Review Group on Nuclear Waste Management wherein it is concluded that present knowledge about the-technical feasibility of the safe
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disposal of nuclear wastes is adequate only to identify potential repository sites for further inves-tigation, not to select disposal regions.
The Report also conceded that the scien-tific feasibility of burying radioactive wastes remains to be established. This .
development directly contradicts the Board's assumption that waste disposal facilities will be available when needed and removes the evidentiary basis therefor.
- A series:of scientific and governmental reports supportive of the County's assertion that the Applicants', Staff and the Board, in their estimates of nuclear fuel cycle health effects, failed to account for the relationship between low dose / low dose rate radiation and the incidence of cancer,and genetic effects.
In view of the magnitude of uncertainty surrounding this issue, it is the County's oft repeated position that the Board failed to make a reasonably conservative estimate of nuclear fuel cycle health effects and, as a consequence thereof, made an invalid cost / benefit analysis. Of particular significance are the recently-issued " Working Papers" of the White House Radiation Inter-agency Task Force on Ionizing Radiation wherein it is stressed that more scientific research is needed to determine the health hazards associated with low levels of radiation.
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The County respectfully requests permission to relate the above developments, all of which are of critical importance to the Board's review and disposition of the instant appeal, to the hearing record made in this case. The County also takes this opportunity to inform the Board that the remanded hearings in Case 80003, referred to in the County's cost / benefit brief, have been postponed indefinitely.
Respectfully Submitted,
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i l k i n b k (a s)
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Irvin% Like ~
Dated: April 19, 1979 Special Counsel for the County of Suffolk
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t Of Counsel: Richard C. Hand 2258 265
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY & LICENSING APPEAL BOARD In the' matter of )
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LONG ISLAND LIGHTING COMPANY ) Docket Nos. 50-516 and ) 50-51 \ T' N CE NEW YORK STATE ELECTRIC & )
D GAS CORPORATION )~ <o
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(Jamesport Nuclear Power )
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@ ySISg 4 Station, Units 1 & 2) )
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CERTIFICATE OF SERVICE .
Q3 q I hereby certify that on April 19, 1979 copies of COUNTY OF SUFFOLK's MOTION FOR LEAVE TO FILE A SUPPLEMENTAL APPEAL were sent to the following by first-class mail, postage pre-paid:
Jerome E. Sharfman Bernard M. Bordenick, Esq.
Chairman U.S. Nuclear Regulatory Comm.
Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Comm. Edward J. Walsh, Jr., Esq.
Washington, D.C. 20555 Long Island Lighting Company 250 Old Country Road Richard S. Salzman Mineola, iw York 11501 Member Atomic Safety & Licensing Appe'l Sheldon J. Wolfe, Esq.
Board Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.
Washington, D.C. 20555 Washington, D.C. 20555 Dr.- Jf. Reed Johnson Dr. Ralph S. Decker Member Route 1 Atomic Safety and Licensing P.O. Box 190 D Appeal Board Cambridge, Maryland 21613 U.S. Nuclear Regulatory Comm.
Washington, D.C. 20555 Dr. E. Leonard Cheatum Route #3, Box 350A U.S. Nuclear Regulatory CommissionWatkinsville, Georgia 30677 Office of the Secretary Washington, D.C. 20555 Mrs. Jean H. Tiedke 1035 Hobart Road Box 1103 Docketing & Service Section Southold, New York 11971 Office of the Secretary U.S. Nuclear Regulatory Comm. Mrs. Laetitia deK. Bradley Washington, D.C. 20555 144 Quaker Path Setauket, New York 11733
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Ira Lee Zebrak, Esq. '
Jeffrey C. Cohen, Esq.
Huber, Magill, Lawrence New York State Energy 3
& Farrell, Esgs, Office 99 Park Avenue Swan Street Bldg. - Core 1 New York, New York 10016 Empire State Plaza Albany, New York 12223 W. Taylor Reveley, III, Esq.
Hunton & Williams Frederick H. Lawrence, Esq.
P.O. Box 1535 Huber, Magill, Lawrence &
Richmond, Virginia 23212 Farrell, Esqs.
99 P;1rk Avenue Dr. Harris Fischer New York, New York 10016 Suffolk County Departmer.t of Environmental Control Mrs. Shirley Bachrach 1324 Motor Parkway Dayton Road Hauppauge, New York 11787 Southold, New York 11971 Joseph C. Gramer, 56q.
Local 25, Internatt.onal Brotherhood of Electrical Workers, AFL-CIO 425 Broadhollow Road # -
Melville, New York 11746 .
Y SVIW / f fitTN Irvins Like' 2258 267 7
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