ML20054G314

Joint Petition for Leave to File Fuel Cycle Contention Based on New Info.Decision of 820427 in NRDC Vs NRC Raises Question About Validity of Table S-3 Rule.Certificate of Svc Encl

ML20054G314
Person / Time
Site:	Limerick
Issue date:	06/16/1982
From:	Elliott C, Johnsrud J Environmental Coalition on Nuclear Power, LIMERICK ECOLOGY ACTION, INC.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8206210419
Download: ML20054G314 (8)

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NUCLEAR REGULATORY COMMISSION i C' SU I f2 2

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In the Matter of

• Docket Nos. 50-352 5 l PHILACELPHIA ELECTRIC COMPANY 50-353 2 ie (Limerick Generating Station, k Units 1 and 2) h E

JOINT PETITION FOR LEAVE TO FILE FUEL CYCLE E CONTENTION BASED UPON NEW INFORMATION

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AND NOW, come the Envrionmental Coalition on Nuclear I E

Power, and Limerick Ecology Action, Inc., Intervenors in the above E I

captioned matter, and petition the Atomic Safety and Licensing Board 5=

j for leave to file a new contention relating to the uranium fuel cycle, 5 and set forth the following reasons in support thereof: E Si

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1. Petitioners, Limerick Ecology Action, Inc., (LEA), E

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handEnvironmentalCoalitiononNuclearPower, (ECNP), are Intervenors $5 h

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in the above captioned power reactor operating license proceedings, g r.

h 2. In the Supplemental Petition of Coordinated Inter-d venors and ECNP Supplement to Petition for Leave to Intervene, the z

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Intervenors have raised various contentions pertaining to the environment al

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{. impacts, safety of operation, emergency planning, etc. relating to the

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U Limerick Nuclear Generating Station.

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I 3. In the Applicant's Environmental Report - hb 1 Ei.

Construction Permit Stage, there was.no discussion of the Environmental if

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impacts of the uranium fuel cycle associated with the proposed operation

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of the Limerick facility. k e

4. In the Applicant's Environmental Report - Operating i

License Stage, the only discussion of the environmental impacts of the W E

uranium fuel cycle associated with the proposed operation of the Limerick facility appears at Vol. 3, Section 5.9, p. 5.9 -1, et. seq., y E

the discussion being merely a reproduction of Table S-3, 10 CFR 51.20 (e) , 5 E

Vol. 44, Fed. Reg. 45362. E 5

5. The Table S-3 " fuel cycle rule" required no further

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discussion of the uranium fuel cycle environmental impacts beyond the h E

Table, and the fuel cycle " discussion" in the Environmental Report - [r Operating License Stage complied with 10 CFR 51.20 (e) , with the

[E exception of its failure to discuss the environmental impacts of g Radon-222 and Technetium-99, and to discuss the health effects from the

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effluents described in the Table. E

6. On April 27, 1982, in Natural Resources Defense E

R Council, Inc. et al v. United States Nuclear Regulatory Commission, et al, c at Docket Nos. 74-1586, 77-1448, 79-2131, the United States Court of Appeals for the District of Columbia Circuit held that The . . . final Table S-3 Rule [is] invalid due E to [its] failure to allow for proper consideration .

of the uncertainties that underlie the assumption g that solidified high-level and transuranic wastes "

will not affect the environment once they are  :

sealed in a permanent respository." (Slip. op. p.69), l

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1 4 g The Court ruled invalid the Table S-3 rule, and vacated it. _.,

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7. A copy of this decision was first received by counsel h

E for LEA on or about May 24, 1982, and by representatives of ECNP in the 5m beginning of May, 1982.

8. Based upon this recent decision, which constitutes new information, directly applicable'to this proceeding, and which for E

the first time since the Application for an Operating License raises a ,tj c

question about the validity of the Cable S-3 rule, the Joint Petitioners Y herein seek to admit a new contentien to this proceeding as follows: E E

CONTENTIC'I: 5 The Applicant's Environmental Report - Operating 2 i'

License Stage, insofar as it merely reproduces h a

Table S-3, 10 CFR 51.20 (e), inadequately discusses E.

the environmental and health impacts of the uranium $

W fuel cycle associated with proposed operation of j E

the Limerick facility. E if BASIS:

The ER-OL discussion fails to properly account '

for the uncertainties that underlie the E 5

assumption that solidified high level and F+

transuranic wastes will not affect the environment M

once they are sealed in a permanent repository. E 5

This inadequacy is contrary to the mandates of Es 5

the National Environmental Policy Act. 6 y._

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Further, the underlying finding that nuclear E E

wastes that are sealed in a permanent repository y 1

pose no significant risk of environmental damage e i

E is erroneous. NRDC v. NRC, et al., 74-1586, E 77-1448, 79-2131 (D.C. Cir.), (Slip. op., [

pp. 38-39.)  :

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9. The Joint Petitioners' interests will not be h F

adequate ly protected by any means other than admission of a Table S-3 @

a fuel cycle contention in-this proceeding inasmuch as a failure to k s

adequately discuss the impacts as set forth in t he contention will result i'

• M in an inadequate cost / benefit analysis, and an inadequate evaluation of _

total environmental impacts of the proposed operation of the plant with g respect to the Limerick facility. No other Petitioner or participant h E

in this proceeding has raised the issue of the' inadequacy of discussion  !

E of fuel cycle environmental impacts. [

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10. The Joint Petitioners' participation may be expected @

E to assist in developing a sound record in this matter, as is evidenced E Vi by the level of participation of ECNP and LEA in this procee' ding to [

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date, and by virtue of ECNP's involvement with, experience in, and f!g g

Fi expertise on fuel cycle issues demonstrated in other proceedings, to E M

wit: The consolidated radon proceedings before the Conmission and :f

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Atomic Safety and Licensing Appeal Board, (Docket Nos. 50-277, 278, .  ?

m 50-320, 50-354, 355) and the United States Court of Appeals for the f

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District of Columbia Circuit, and the Proposed Rulemaking on the 7

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Reassessment of Confidence in the Availability of Permanent Disposal of Nu' clear Waste.-and Spent Fuel Storage, Docket No. PR-50,51.

11. While the admission of this contention will expand $

the issues in this proceeding, Petitioners do not believe that such h j5 i expansion prejudices any party, inasmuch as Petitioners expect that the Court mandate will require amendment of the Table S-3 rule, which 3 S

will be a generic determination, and no procedural prejudice ie likely *a in view of the very early stage of this proceeding.

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No significant delay in the proceeding will result from ij the admission of this contention, inasmuch as the Special Purchasing g$

Y3 Conference order granting intervention status to the Petitioners was issued only as recently as June 1, 1982, and a period of informal

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discovery only has been established for the period through September of g 1982. No hearings have yet been scheduled.

12. Joint Petitioners believe that based upon the E iia foregoing, and upon a balancing of the 5-factors set forth in hl 10 CFR 52.714 (a), che new contention set forth in Paragraph 8, supra, $

should be admitted'into this proceeding. k

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WHEREFORE, the Joint Petitioners petition the Atomic Safety and L1 censing Board to admit the contention as set forth in the foregoing, and as co-sponsored by ECNP and LEA.

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@ r. Judith H. Johnsrup Co-Director Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, Pa. 16801 (814) 237-3900 dah Elliott, Esquire Tharles W.

123 North Fifth Street Allentown, Pa. 18102 (215) 821-8100 Judith A. Dorsey, Esquire 1315 Walnut Street, Suite 1632 Philadelphia, Pa. 19107 (215) 735-7200 Counsel for Limerick Ecology Action, Inc.

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f UNITED STATES OF AMERICA b}l. ^'

[ i NUCLEAR REGULATORY COMMISSION I r

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD [

In the Matter of I:

PHILADELPHIA ELECTRIC COMPANY Docket Nos. 50-352 353 (Limerick Generating Station, ..

Units 1 and 2)

CERTIFICATE OF SERVICE f

I hereby certify that copies of " JOINT PETITION FOR LEAVE TO FILE FUEL E CYCLE CONTENTION BASED UPON NEW INFORMATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class. _

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i Lawrence Brenner, Esquire, Chairman Mr. Edward G. Bauer, Jr. E Administrative Judge Vice President & General Couasel  ;

U.S. Nuclear Regulatory Commission Philadelphia Electric Company 7 Washington, D. C. 20555 2301 Market Street .::

Philadelphia, Pa. 19101 ji Dr. Richard F. Cole Troy B. Conner, Jr., Esquire Administrative Judge k Mark J. Wetterhahn, Esquire E U.S. Nuclear Regulatory Commission Conner and Wetterhahn Washington, D. C. 20555 [

1747 Pennsylvania, N.W. s Washington, D. C. 20006 5 t

Dr. Peter A. Morris Mr. Marvin I. Lewis [I Administrative Judge 6504 Bradford Terrace m U.S. Nuclear Regulatory Commission Philadelphia, Pa. 19146 Washington, D. C. 20555 James M. Neill, Esquire Mr. Frank R. Romano Associate Counsel for Del-Aware Air and Water Pollution Patrol Box 511 5 61 Forest Avenue Dublin, Pa. 18917 Ambler, Pa. 19002 E R

Joseph H. White III 1 Judith A. Dorsey, Esquire 11 South Merion Avenue  ;

Limerick Ecology Action Bryn Mawr, Pa. 19010 1315 Walnut Street, Suite 1632 2 Philadelphia, Pa. 19107 ['E e

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EnvironmentilCoalition on Nuclear Walter W. Cohen 1 Power Consumer Advocate l

i Dr. Judith H. Johnsrud, Co-Director Office of Attorney General I 433 Orlando Avenue 1425 Strawberry Square State College, Pa. 16801 Harrisburg, Pa. l' t20 l Thomas Gerusky, Director Robert W. Adler 1 Bureau of Radiation Protection Assistant Counsel l

1 Dept. of Environmenal Resources Commonwealth of Pennsylvania I 5th Floor, Fulton Bank Building 505 Executive House Third and Locust Streets P. O. Box 2357 f l

Harrisburg, Pa. 17120 Harrisburg, Pa. 17120 l

Director Steven P. Hershey, Esquire 5

Pennsylvania Emergency Management Consumers' Education and S

Agency $

Basement, Transportation & Safety Protection Association y Beury Building Building 3701 N. Broad Street ' U y

Harrisburg, Pennsylvania 17130 Philadelphia, Pa. 19140 d

John Shniper 0 Sugarman and Denworth y Meeting House Law Building & Gallery Suite 510 ij Mennonite Church Road, North American Building Schuylkill Road (Route 724) h Spring City, Pa. 19475 121 South Broad Street $j Philadelphia, Pa. 19107 L Robert L. Anthony Donald S. Bronstein, Esquire b

5 Friends of the Earth of the The National Lawyers' Guild Delaware Valley Third Floor {w 103 Vernon Lane, Box 186 1425 Walnut Street Moylan, Pa. 19065 Philadelphia, Pa. 19102 h

2 Alan J. Nogee Atomic Safety & Licensing Board 5 The Keystone Alliance U. S. Nuclear Regulatory Commissior 5 3700 Chestnut Street Washington, D. C. 20555 Philadelphia, Pa. 19104 5" Atomic Safety & Licensing h Appeal Panel $

W. Wilson Goode U. S. Nuclear Regulatory Commissior y Management Director Washington, D. C. 20555 City of Philadelphia g Philadelphia, Pa. 5 Secretary 5 William A. Lochstet 119 E. Aaron Drive U. S.

ATTN:

Nuclear Regulatory Commissior Chief, Docketing and (2

and Service Branch Z State College, Pa. 16801 Washington, D. C. 20555 $

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June /d,1982 Charles W. Elliott, Esquire

[.h Co-counsel for Limerick '~"

Ecology Action ~