ML19253C927

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

ML19253C927
Person / Time
Site:	05000471
Issue date:	11/30/1979
From:	Herrmann H MASSACHUSETTS WILDLIFE FEDERATION
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 7912120358
Download: ML19253C927 (5)

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In the Matter of BOSTON EDISON COMPANY, et al. Docket No. 50-571 (Pilgrim Nuclear Generating Station, Unit 2)

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EXCEPTIONS BY Tile MASSACIIUSETTS WILDLIFE FEDERATION IN LIEU OF REQUESTS FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW Pursuant to prior notification to the Board, counsel for the Applicant, the Staff, and the Intervenor Massachusetts

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Wildlife Federation (MWF) met on Friday, November 23, 1979 at the offices of the Applicant in Boston in order to negotiate stipulated findings of fact as to the MWF's contentions 1(a) and (b). After several hours of discussing the record, it became apparent that in the light of the Board's ORDER of July 14, 1978, the MWF was effectively precluded from further litigating, before this Board, the issue of whether additional radwaste systems should be required beyond those currently required by Appendix I.

In the view of the MWF, the record demonstrates compliance with the numerical design objectives and the cost benefit analysis requirements of Appendix I to 10 C.F.R Part 50, as it is written and as the Board has decided to apply it.

The MWF, however, does not accept the Applicant's requested findings of fact and conclusions of law, nor will it accept the 1535 042 5,7 5 Q 7912120

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Staff's, as we understand them to be contemplated.

The Board has ruled, on July 14, 1978 that "We will apply Section IID of Appendix I to 10 C.F.R. Part 50, as it is

• relevant to this proceeding, as that Section is written."

The MWF continues to assert that Appendix I as applied to its contentions in this case violate its procedural and substantive rights, without limitation, in that the regulation, inter alia, ,

precludes the MWF from further litigating its contention that the Applicant should be required to install additional radwaste systems.

Under these circumstances, then, it would be a totally futile act for the MWF to submit findings of fact and conclusions of law on

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this issue; indeed, since the Board has unequivocally ruled on this point, we refrain from doing so since, as to this particular issue, such an act might be construed as defiance of the Board's Order.

The administrative and judicial appellate process will have to re-solve the issue as to whether the Board's position as manifested ,

by its Order of July 14, 1978 is legally sound. ,

The MWF will rely on the record in this case as it is con-stituted, and expressly re-affirms its position that it should

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have been permitted, under these circumstances, to challenge the constitutionality and legality of the regulation in question, and the MWF maintains and re-affirms all oral argument, and written pleadings previously filed with the Board, in this regard.

In conclusion, therefore, the MWF formally takes exception

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to the Board's Order of July 14, 1978, since the latter precludes 1535 043

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t the MWF at this time from litigating that notwithstanding compliance with Appendix I as currently written and interpreted,

• the Applicant should be required to install additional radwaste filtration and containment systems. This present pleading, therefore, is in the nature of requests for findings of fact and conclusions of law, and is intended, therefore, to preserve the MWF's position for appellate review.

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Respectfully submitted, Y) cJM4 IIen~ry IIerrmaffn ~

Attorney /for the Massachusetts ,

Wildlife Federation -

Intervenor

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1535 044

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

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BOSTON EDISON COMPANY, et al. ) Docket No. 50-571

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(Pilgrim Nuclear Generating )

Station, Unit 2) )

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CERTIFICATE OF SERVICE

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I, Henry Herrmann, attorney for the Massachusetts Wildlife Federation, certify that I have made service of

" Exceptions By The Massachusetts Wildlife Federation In Lieu Of Requests For Findings of Fact and Conclusions of Law" by deposit in the mail, first class postage prepaid, addressed to the following:

Andrew C. Goodhope, Esq. Atomic Safety And Licensing Chairman, Atomic Safety and Board Licensing Board U.S.C Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. A. Dixon Callihan Atomic Safety and Licensing Union CarbideCorporation Board Panel P.O. Box Y U.S. Muclear Regulatory Comm.

Oak Ridge, Tennessee 37830 Washington, D.C. 20555 Dr. Richard F. Cole Marcia E. Mulkey, Esq.

Atomic Safety and Licensing Barry H. Smith, Esq.

Board Office of the Executive Legal U.S. Nuclear Regulatory Commission Director Washington, D.C. 20555 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Laurie Burt, Esq.

Michael B. Meyer, Esq. George H. Lewald, Esq.

Francis Wright, Esq. Ropes & Gray Assistant Attorneys General 225 Franklin Street Commonwealth of Massachusetts Boston, Massachusetts 02110 Environmental Protection Division One Ashburton Place, 19th Fl.

Boston, Massachusetts 02108 1535 045

. ,, Dale G. Stoodley, Esq. Mr. Lester B. Smith Boston Edison Company Director of Conservation 800 Boylston Street Massachusetts Wildlife Federation Boston, Massachusetts 02199 P.O. Box 343 Natick, Massachusetts 01761 tonlGtNAL + '

Mrs. & Mrs. Alan R. Clecton Office of the Secretary X20 copies) 22 Macintosh Street Docketing and Service Section Franklin, Massachusetts 02038 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Edward L. Selgrade, Esq. Chief Librarian Patrick J. Kenny, Esq. Plymouth Public Library Massachusetts Office of Energy North Street Resources Plymouth, Massachusetts 02360 73 Tremont Street Boston, Massachusetts 02108 William S. Abbott, Esq.

50 Congress Street, S.925 Boston, Massachusetts 02109

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Henry Herry'nn Attorney f6r the Massachusetts Wildlife Federation -

Intervenor Dated: November 30, 1979 1535 046