ML20077Q331

Motion to Hold Hearings & to Admit State of Nj Dept of Public Advocate as Party.Health & Safety of Citizens of Nj & Property of Citizens Are Nj Interests

ML20077Q331
Person / Time
Site:	Hope Creek
Issue date:	09/09/1983
From:	Granger T NEW JERSEY, STATE OF
To:	NRC COMMISSION (OCM)
Shared Package
ML20077Q327	List: ML20077Q322 ML20077Q331
References
NUDOCS 8309160067
Download: ML20077Q331 (4)

Text

..

g-M .

COLKETED s.u:

. UNITED STATES OF AMERICA

'83 SEP -9 P158 NUCLEAR REGULATORY COMMISSION OFF' E CI 3E@AIch' 00C1'FtkG& S'r'l BRANCH IN THE MATTER OF )

PUBLIC SERVICE ELECTRIC & GAS COMPANY ) DOCKET NO. 50-354 (HOPE CREEK STATION) )

MOTION TO HOLD'PUBLIC HEARING AND TO

. . ADMIT PUBLIC ADVOCATE AS A' PARTY-INTERVENOR UNDER.42.U.S.C. 2239, IN. OPERATING LICENSE PROCEEDINGS .

1. Petitioner hereby requests, pursuant to 42 U.S.A. 2239 (a) and 10 C.F.R. 2.714 and 2.715 that he be admitted as a party and that a hearing be held in this proceeding for the granting of a license to Public Service Electric and Gas Company ("PSE&G") for the operation of the Hope Creek Nuclear Generating Station (" Hope Creek").

2. The Public Advocate, a cabinet level officer of the State l

of New Jersey, heads the Department of the Public Advocate l (N. J. S . A. 52:27E-1, et sec.) and is empowered, among'other things, i

l to represent the interests and rights " arising from the Constitution, qhcisionsofcourt, common law, or other laws of the United States or of this State inhering in the citizens of this State or in a l '

broad class of such citizens" (N.J.S.A. 52:27E-30), in administrative and judicial proceedings (N. J . S . A. 27E-18, 29 and 30). The Public 8309160067 830909 PDR ADOCK 05000354 PDR g

)

. 2 Advocate has participated in administrative and judicial proceedings at the State and Federal levels. In particular, the Public Advocate has participated in several proceedings before the NRC. See, e.g.,

In the Matter of' Offshore' Power Systems (Floating Nuclear Plants),

STN 50-437; Atlantic Generating' Station, 2 NRC 702 (1975) ; 'Public Service Electric and Gas Co'. (Hope Creek 1 and 2) , 5 NRC 769 (1977).

In addition, the Public Advocate is participating as amicus curiae in the Silkwood case before the United States Supreme Court.

Silkwood v. Kerr-McGee Corporation, U.S. No. 81-2159, October term, 1982.

3. The interests relevant to this proceeding are (a) the safety and health of the citizens of the State of New Jersey, including those residing, owning property, or doing business near the reactor site, ,

and (b) the safety of their property and environment each of which are protected under the Atomic Energy Act, the regulations of the U.S. Nuclear Regulatory Commission (" Commission"), and the other laws of the United States. (E. g. , 4 2 U . S.C. 2133, 2201 and 2232, and 10 C.F.C. Parts 20 and 50) .

4. Orders and decisions of the Commission in this proceeding.will .

l relate to these interests; and may permit activities of PSE&G (or ope. ration of property for which PSE&G is responsible) or permit conditions in such property each of which may be inimical to, or unreasonably impinge on, these interests, i 5. Among the aspects of the subject matter as to which petitioner wishes to intervene are the following:

. .T {

f .

(a) Conformity to construction permit, and rules and regulations of the Commission and the applicable law, (e.g., quality of welding in safety-related areas),

(b) Environmental qualification of the plant and environmental impact of -its operation, (e.

j g. emission from cooling tower and effects on aquatic life of inflo,w and effluent from station,)

(cl Classification of Equipment (d) Inspection and Testing Procedures,. ,

(e) Emergency and Catastrophe Capability and Plans, (f) Administrative Controls, (g) Maintenance Procedures and Practices, ,

(h) Quality Assurance and Control, (i) Qualification of Management and Other Personnel to Operate Plant, (j) Manner of meeting serious health and safety problems already identified at other existing or licensed nuclear power plants; e.g., the ICSS pipe-cracking problem at l

Peach Bottom and other BWR Reactors,

~

, (k) Resolution of other problems of the type revealed by the February 1983 ATWS events at Salem, and

f. (1) The storage and disposal of nuclear waste generated by the facility.

Respectfully submitted, JOSEPH H. RODRIGUEZ THE PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY

. BY: R. WILLIAM POTTER ASSISTANT PUBLIC ADVOCATE State of New Jersey Department of the Public Advocate CN 850 Trenton, New Jersey 08625

/d/f A THEDDORE C. GRANGER /

DEPUTY PUBLIC ADVOCATE State of New Jersey Department of the Public Advocate Division of Rate Counsel 744 Broad Street, 30th Floor Newark, New Jersey 07102 -

Dated: September 9, 1983 Newark, New Jersey l

l l

l .

- - - . . _ - , , . . , .-_ = _ _ - _ _ - . .___ . - _ ,