ML20003C123

Appeal & Exception to ASLB 810202 Partial Initial Decision. Board Erred in Concluding Suitability of Site from Geographic & Population Viewpoints & That Population Density Is within Established Guidelines.Certificate of Svc Encl

ML20003C123
Person / Time
Site:	05000471
Issue date:	02/18/1981
From:	Wright F MASSACHUSETTS, COMMONWEALTH OF
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20003C119	List: ML20003C118 ML20003C123
References
NUDOCS 8102260665
Download: ML20003C123 (5)

Text

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NUCLEAR REGULATORY CO". MISSIS.. __ FES 2 r 1gg; , u-SEFORE THE '- ..

ATOMIC SAFETY AND LICENSING APPEAL 3 CAR' -35 ?*,0l?**a'A Q

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0J In the Matter of i 4 yy,

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BOSTON EDISON COMPANY et al. ) Eocke: No. 50-471

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(Pilgrim Nuclear Generating )

Station, Unit 2) )

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EXCEPTIONS OF INTERVENOR COMMONWEALTH OF MASSACHUSETTS TO THE ATOMIC SAFETY AND LICENSING BOARD'S

" PARTIAL INITIAL DECISION, FINDINGS OF FACT AND

. CONCLUSIONS OF LAW ON ALL MATTERS EXCEPT EMERGENCY PLANNING AND TM1-2 RELATED ISSUES" Pursuant to 10 CFR 2.762, Intervenor Commonwealth of Massachusetts hereby appeals and takes exception to the order, findings and rulings of the Atomic Licensing and Safety Board, as set forth in its Partial Initial Decision, Findings of Fact and Conclusions of Law on All Matters except Emergency Planning and TM-2 Related Issues, issued on February 2, 1981 in the above-captioned proceeding.

Exceotion No. 1 The Licensing Board committed error in concluding that "from geographic and population viewpoints, the proposed Unit 2 site is suitable for the location of a nuclear plant of the general type and size proposed by the applicants." (Partial Initial Decision, Paragraph 397 and supporting findings cf

' fact.)

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Exception No. 2 The Licensing Board committed error in concluding that "The population density estimated for the area cen:iguous to the site proposed for the Unit 2 nuclear generating station throughout its projected life is within guides established by the Commission and, accordingly, that the projected density is not cause, in itself, for selecting other sites." (Partial Initial Decision, Paragraph 397 and supporting findings of fact.)

Excepticn No. 3 The Licensing Board committed error in concluding that "The staff adequately evaluated in detail a sufficient number of diverse and potentially licensable alternative sites" and "that none of the alternative sites considered in this proceeding is obviously superior to Rocky Point" (Partial Initial Decision, Paragraph 397 and supporting findings-of fact.)

Exception No. 4 The Licensing Board committed error in concluding that the

. applicants have established a need for the electrical generating capacity of Pilgrim 2 (Partial Initial Decision, Paragraph 387 and supporting findings of f act.)

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-3 Excention No. 5 The Licensing Board committed error in concluding that the Applicants are financially qualified to construc: :ne propcsed facility. (Partial Initial Decision, Paragraph 391, and supporting findings of fact.)

Exception No. E The Licensing Board committed error in striking the cost / benefit balance mandated by NEPA prior to evidentiary hear.ings on emergency planning and other TMI-2 issues relating to site suitability. (Partial Initial Decision, Paragraphs 384 and 418 (5) , and supporting findings of fact.)

Exception No. 7, The Licensing Board committed error in failing to determine whether any of the unresolved generic safety issues is cause for deferring issuance of a construction permit.

By: M FRANCIS S. WRIGHT ()

Special Assistant Attbrney General Environmental Protection Division Public Protection Bureau Department of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 (617) 727-2265 Dated: February 18, 1981

UNITED STATES OF AMERICA MUCLEAR REGULATORY CO!O'ISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

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In the Matter of )

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BOSTON EDISON COMPANY et al. ) Docket No. 50-471

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(Pilgrim Nuclear Generating )

Station, Unit 2) )

( )

CERTIFICATE OF SERVICE I hereby certify that the within "Exceotions of the Commonwealth of Massachusetts to the Partial Initial Decision" has been served on the following by deposit of copies thereof in the United States Mail, first class mail, postage prepaid, this 18th day of February, 1980.

Andrew C. Goodhope, Esq. Henry Herrmann, Esq.

Chairman Room 1045 Atomic Safety and Licensing Board 50 Congress Street 3320 Estelle Terrace Boston, Mass. 02109 Wheaton, Md. 20906 Mr. and Mrs. Alan R. Cleeton Dr. A. Dixon Callihan 22 Mackintosh Street Union Carbide Corporation Franklin, Mass. 02038 P.O. Box Y Oakridge, Tennessee 37830 William S. Abbott, Esq. '

l Suite 925

'Dr. Richard F. Cole 50 Congress Street Atomic Safety and Licensing Board Boston, Mass. 02109 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 George H. Lewald, Esq.

Ropes and Gray Patrick J. Kenny, Esq. 225 Franklin Street Edward L. Selgrade, Esq. Boston, Mass. 02110 l

L Deputy Director i Mass. Office of Energy Resources 73 Tremont Street

Boston, Mass. 02108 i

Atcmic Safety and Licensing Office of the Secretarv Appeal Board Docketing and Service section U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Cennistie-Washington, D.C. 20555 Washing:cr., D.C. 20555 Atomic Safety.and Licensing Chief Librarian Board Panel Plymouth Public Library lg.S. Nuclear Regulatory Commissi n Iorth Street Plymouth, Mass. 02360 Richard Goddard,-Esq.

Office of the Executive Legal Director U.S. Nuclear Regulatory Commission W'ashington, D.C. 20555

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FRANCIS S. WRIGHT [l l Special Assistant Attorney General Environmental Protecbdon Division Departnent of the Attorney General One Ashburton Place, 19th Floor Boston, Massachusetts 02108 i

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