ML19262B563

Opposes Intervenor Jo Daviess County Request to Reconsider Rejected Contentions.Contentions 1b,III & V(a)(1)(2) & Amended Contention Iii(G) Re Fuel & Radwaste Onsite Storage Should Be Dismissed.Certificate of Svc Encl

ML19262B563
Person / Time
Site:	05000599, 05000600
Issue date:	12/10/1979
From:	Bielawski A CONSOLIDATED EDISON CO. OF NEW YORK, INC., ISHAM, LINCOLN & BEALE
To:
Shared Package
ML19262B554	List: ML19262B553 ML19262B563
References
NUDOCS 7912280257
Download: ML19262B563 (8)

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

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COMMONWEALTH EDISON CO., ) Docket Nos. S50-599 and et al. ) S50-600

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(Carroll County Site) )

December 10, 1979 APPLICANTS' RESPONSE TO JO DAVIESS' MOTION TO RECONSIDER REJECTED CONTENTIONS AND BRIEF IN SUPPORT THEREOF Pursuant to 10 CFR S2.730(a), Commonwealth Edison Company, Interstate Power Company, and Iowa-Illinois Gas and Electric Company (" Applicants ") respond to the " Motion To Reconsider Rejected Contentions and Brief in Support Thereof" filed on behalf of the Jo Daviess County Ad Hoc Committee on Nuclear Energy Information ("Intervenor") .

Introduction Intervenor's motion requests, in part, leave to file additional amended contentions. Technically, Intervenor has the burden of establishing that it should be permitted to file these contentions upon consideration of the factors enumerated in 10 CFR S2.714 (a) (3) . Applicants will not however object to Intervenor's motion on the grounds that Intervenor has failed to sustain its burden with respect to these factors since Intervenor is not attempting to introduce 1649 199 7 912 2 8 0sq."15 ~/

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new issues by way of these amended contentions, but is only attempting to clarify the language and meaning of its contentions which were submitted in a timely manner.

Statement of Position Paragraph A Applicants object to the admission of Contention I (b) as being unduly vague and unspecific.

Paragraphs B, C and E Applicants have no objection to the inclusion of Contention III(2) and the suggested changes in language to Contentions III(c) and III(j) as agreed between Intervenor and the Staff. Applicants do however, continue to object to the admission of Contention III in its entirety for the reasons previously stated at page 14 of " Applicants' Response To The Memorandum of Special Prehearing Conference and Order."

Pa,raEraph D Amended Contention III(g) seeks to litigate the effects of low levels of radiation which will result from the routine operation of the Carroll County Units as well as other reactors and the low level waste disposal facility at Sheffield. Such a contention can only be viewed as a direct challenge to Appendix I to 10 CFR Part 50.

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The routine release of radioactive material in the liquid in gaseous effluents from any nuclear reactor subject to the licensing requirements of the NRC is governed by 10 CFR SS50.34a and 50.36a and 10 CFR Part 50, Appendix I. An applicant for a construction permit must document how he proposes to maintain the level of radioactive material in station effluents "... as low as is reasonably achievable taking into account the state of technology, and the economics of improvement in relation to benefits to the public health and safety and other societal and socioeconomic considerations, and in relation to the utilization of atomic energy in the public interest." 10 CFR 550.34a(a). " Design objectives and limiting conditions for operation conforming to the guidelines in this Appendix shall be deemed a conclusive showing of compliance with the 'as low as is reasonably achievable' requirements of 10 CFR 550.34a and 50.36a."

10 CFR Part 50, Appendix I, Section I.

Prior to the adoption of Appendix I, the Commission assessed the environmental impacts of its proposed rulemaking action and those impacts are reported in WASH-1258 -- Final Environmental Statement Concerning Proposed Rule Making Action: Numerical Guides For Design Objectives and Limiting Conditions For Operation To Meet The Criterion "As Low As Practicable" For Radioactive Material In Light - Water - Cooled 1649 201

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Nuclear Power Effluents. WASH - 1258 was made part of the rulemaking record and was considered by the Commission in deciding to adopt Appendix I. RM-50-2, 1 NRC 277, 278-80 (1975).

Intervenor's contention does not question Applicants' ability or intention to comply with Appendix I to 10 CFR Part 50. Instead, it directly challenges the Commission's assessment and quantification of the genetic and somatic effects of the radioactive releases permitted by Appendix I, and discussed in WASH - 1258. An intervenor in an individual licensing proceeding is precluded from challenging the Commission's regulations as well as the underlying basis for the regulations. 10 CFR S2.758(a); Potomac Electric Power Co.

(Douglas Point Nuclear Generating Station, Units 1 and 2),

ALAB-218, 8 AEC 79, 88-89 (1974). Accordingly, Amended Contention VI should not be admitted in this proceeding.

Paragraph F Applicants have no objections to the change of language proposed in this paragraph.

Paragraph G For the reasons stated at page 22 of " Applicants' Response To The Memorandum of Special Prehearing Conference and Order," Applicants object to the admission at this time of Contentions V(a) (1) (2) .

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Paragraph H In its argument in support of admission of amended contention VI, Intervenor identifies transportation problems as a basis for the contention. However, the Contention itself attempts to raise issues related to on-site storage of fuel and radioactive wastes as well as transportation issues. The question of the manner in which new fuel, spent fuel and other wastes will be stored on site fundamentally relates to design features of the proposed plant, and has no connection to the acceptability of the proposed site.

Accordingly, the reference to on-site storage should be stricken from the amended contention.

Applicants are willing to litigate the issue pertaining to the adequacy of transportation routes for shipment of fuel frcm the site to a major highway, which appears to cover Intervenor's concern as stated in its argument for the admission of amended contention VI.

CONCLUSION For the reasons stated above, Applicants request that the Board dismiss Jo Daviess Contention I(b) , III and V (a) (1) (2) , and Amended Contention III(g) .

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Further, Applicant requests that the Board strike the portion of Amended Con-1649 203

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t tention VI pertaining to on-site storage of fuel and radioactive wastes.

Respectfully submitted,

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By '

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Alan P. Bielawski One of the Attorneys for Applicants ISHAM, LINCOLN & BEALE Suite 4200 One First National Plaza Chicago, Illinois 60603 Telephone: 312-558-7500 1649 204

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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COMMONWEALTH EDISON COMPANY,)

et al. ) Docket Nos. S50-599

) S50-600 (Carroll County Site) )

CERTIFICATE OF SERVICE I, Alan P. Bielawski, hereby certify that copies of " Applicants' Response To CANP's Motion For Leave To File Second Amended Petition" and " Applicants' Response To Jo Daviess' Motion To Reconsider Rejected Contentions And Brief In Support Thereof" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, this 10th day of December, 1979.

John F. Wolf, Esq., Chairman Mr. James C. Schwab 3409 Shepherd Street State Coordinator Chevy Chase, Maryland 20015 Iowa Public Interest Research Group, Inc.

Mr. Glenn O. Bright 36 Memorial Union Atomic Safety and Licensing Iowa State University Board Ames, Iowa 50010 U.S. Nuclear Regulatory Com-mission Ms. Nancy J. Bennett Washington, D. C. 20555 Assistant Attorney General Environmental Control Division Dr. Robert L. Holton 188 West Randolph, Suite 2315 School of Oceanography Chicago, Illinois 60601 Oregon State University Corvallis, Oregon 97331 Mr. Jim Dubert c/o Iowa Socialist Party Mr. Thomas J. Miller 2801-1/2 West Street Attorney General of Iowa Ames, Iowa 50010 State Capitol Complex Des Moines, Iowa 50319 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 1649 205

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,-l Mr. John W. Cox, Jr. Mr. Paul A. Fuerst Jo Daviess County Ad Hoc Dubuque Fellowship of Committee on Nuclear Energy Reconciliation Information 809 Dodge Street 906 Campbell Street Dubuque, Iowa 52001 Galena, Illinois 61036 Atomic Safety and Licensing Docketing and Service Section Appeal Board Panel Office of the Secretary U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D. C. 20555 Mr. Richard Worm, President Environmental Coordinating Ms. Nettie Post Organization, Inc.

The Catholic Worker 3555 Hillcrest 382 East 21st Street Dubuque, Iowa 52001 Dubuque, Iowa 52001 Mr. Thomas J. Sorg, Director Mr. Richard Goddard Carroll County Environmental Mr. Steven Goldberg Coalition Office of the Executive Legal 305 West Cole Director Mount Carroll, Illinois 61053 U.S. Nuclear Regulatory Commission Mr. Edward Gogol Washington, D. C. 20555 6105 West Winthrop Chicago, Illinois 60660 Mr. J. Larry Priske 503 Division Mr. James L. Runyon Galena, Illinois 61036 1316 - Second Avenue P. O. Box 307 Mr. Jan L. Kodner Rock Island, Illinois 61201 Pitler & Mandel 230 West Monroe Chicago, Illinois 60606

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Alan P. Bielawski 1649 206