ML20148H428

NRC Staff'S Response to Motion to Consolidate Hearings on Radon. Ecology Action,Intervenor in One of the Proc & Representing Intervenors in 4 Other Proc Filed 781003 to Consolidate.Nrc Requests Expeditious Ruling by Appeals Bd

ML20148H428
Person / Time
Site:	Wolf Creek, Seabrook, Sterling, 05000484, Marble Hill
Issue date:	10/24/1978
From:	Bordenick B, Brenner L, Lewis S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
References
NUDOCS 7811140003
Download: ML20148H428 (8)

Text

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e - NRC PUBLIC D00UMEN1' ROOM 9)

"SI dg eY b UNITED STATES OF AMERICA

, 10/24/78 1

C NUCLEAR REGULATORY COMMISSION g &pe 9 p EFORE THE ATOMIC SAFETY AND LICENSING APPEA' BOARD l

In the Matter of ,

) ~

KANSAS GAS AND ELECTRIC COMPANY & Docket No. 482 1 KANSAS CITY POWER AND LIGHT COMPANY l

(Wolf Creek Generating Station, '

Unit No. 1) i l

In the Matter of NORTHERN STATES POWER COMPANY Docket No. STN 50-484 (MINNESOTA) AND NORTHERN STATES POWER COMPANY (WISCONSIN)

(Tyrone Energy Park, Unit No.1)

In the Matter of 4 PUBLIC SERVICE COMPANY OF INDIANA, INC. Docket Nos. STN 50-546 WABASH VALLEY POWER ASSOCIATION, INC. STN 50-547

(~ Marble Hill Nuclear Generating Station, Units I and 2) )

In the Matter of ROCHESTERGAS&ELECTRICCORPORATION,et,M. t Docket No. STN 50-485 (Sterling Power Project Nuclear Unit No. 1)

~

In the Matter of i

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al. -

Docket Nos. 50-443 50-444 (3eabrook Station, Units 1 and 2) 95til4'6063

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NRC STAFF'S RESPONSE TO M0YION TO CONSOLIDATE HEARINGS ON RADON Ecology Action, an intervenor in the Sterling proceeding, representing that it is acting on behalf of intervenors in the four other captioned proceedings has moved the Appeal Board, in a filing dated October 3, 1978,."to consolidate their cases in a single hearing vn the matters

' raised by them in their answers to ALAB-480 (the radon issue)."

STERLING AND TYRONE 1/

As indicated in a previous staff filing,~ the Staff believes that there are at least some assertions, in response to ALAB-480, by intervenors in Sterling which are appropriate for further hearing consideration. 'The Staff is of the same view with respect to Northern Thunder's "Regs;ts Concerning Completing and Supplementing the Perkins Radon Record" (August 4,1978). For essentially the reasons stated in the subject motion (principally, that the matters to be litigated are basically generic in nature) the Staff is of the view that a consolidated proceeding can and ,

2/ 1 should be held as regards the radon issue in Sterling and Tyrone.~'

P 1/ "NP,C Staff Filing Regarding Resolution of the Radon Question," dated September 2_7, 1978.

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2/ In a filing dated September 27, 1978, the Staff noted at page 3, paragraph 4, that the parties in Sterling hoped to finalize a stipulation in that proceeding by October 27,~1978. The parties in Sterling have de-voted a substantial amount of tirre over the past several months to discuss-ions of a possible stipulation. However, because of intervening develop-ments, including the subject motion to consolidate, they are now of the view that further discussions would be fruitless until such time as the Appeal Board rules on (a) whether there will be further hearings in Sterling and (b) if so, whether a hearing in Sterling will be consolidated wiIh any (orall)oftheadditionalproceedingscaptionedabove. The same considera-tioris apply to Tyrone and the parties to that proceeding will, therefore, be unable to present to the Appeal Board presiding there a stipulation by October 27, 1978, the date presently designated by the Appeal Board. (See Appeal Board's Notation Order of September 27, 1978, attached to "NRC Staff Status Report and Motion for Further Extension of Time", dated September 22, footnote 2 continued on next page

l WOLF CREEK 4

Our position with respect to MACEA's request to supplement the Perkins record in the Wolf Creek proceeding is that such request was not respon-i sive to the requirements established by the Appeal Board in ALAB-480.~3/ Despite l MACEA's failure in this regard, the Staff has given careful consideration 1

to various alternative methods of resolving the radon question in the  ;

Wolf Creek proceeding. The Appeal Board has indicated that it will not reach the radon question in the uncontested proceedings pending before it )

until it has " disposed of that issue in one or more of the cases in which 4/ ,

it is contested". ~ Consistent with this statement of view , the Appeal l Board could withhold decision on the radon question in Wolf Creek until after the Perkins record is supplemented in Sterling-Tyrone and then apply

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tuat record in Wolf Creek.~ Should the Appeal Board determine that a Footnote 2 continued 1978). In any event, the Staff has already responded (in this and previous I pleadings) to Northern Thunder's " Requests Concerning Completing and Supple-menting the Perkins Record" and Ecology Action's pleading in response to ALAB-480. Northern Thunder and Ecology Action have indicated that, follow- '1 ing issuance of an Appeal Board order, they will proceed to file more specific contentions. The Staff would,.thereafter, be prepared to respond l to that document and the areas for possible stipulation would be more clearly defined.

~

3/ "NRC Staff Response to MACEA's Request to Supplement Reccrd," August 29, 1978. j 4/ Virginia Electric and Power Company (North Anna, Units 1 and 2), ALAB-491, I slip op., August 25, 1978, at 9. n. 12. See also: Public Service Comoagn

~~

of Indiana (Marble Hill), ALAB-493, slip op., August 30, 1978, at 31-32. I 5/ That course was previously urged by the Staff with respect to the New England Coalition on Nuclear Pollution in Seabrook (NRC Staff Filing Regarding Resolution of the Radon Question, September 27,1978) and Save the Valley-Save Marble Hill in the Narble Hill proceeding. (NRC Staff Filing Regarding Resolution of the Raifon Question, September 27, iW8).

This position was premised upon commitment by the respective intervenors not to seek suspension of the construction permits as a result of any resultant delay in resolving the radon question. That proviso would also apply to MAFA.

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consolidation of Sterling and Tyrone is appropriate, the option also exists to permit the participation of MACEA as a part of consolidated )

intervenors in such a proceeding. This procedure would have the advantage of clarifying the nature of MACEA's participational rights in the consolidated proceeding and would avoid the potential for a follow-on proceeding to l Sterling-Tyrone. The Staff would have no objection to either procedure, but believes the second option to be preferable in that it would avoid possible future argument over the applicability of the record adduced in l Sterling-Tyrone,to the Wolf Creek proceeding.

MARBLE HILL in a September 27, 1978 Staff pleading which was filed jointly in the Sterling and Marble Hill proceedings, the Staff noted that the Marble Hill intervenor, STV-SMH, had failed to comply with the requirements of ALAB-480 with respect to its request to supplement the Perkins record in the Marble _

Hill proceeding and, therefore, was not entitled to a hearing on the radon question in that proceeding. For the reasons stated above, however, with respect to Wolf Creek, we believe it would appropriate to either permit STV-SMH to participate as a consolidated intervenor in any proceeding that might be ordered or to hold the record open in Marble Hill until after a record is created in Sterling-Tyrone and then apply that record to Marble Hill.

SEABROOK Finally, with respect to Seabrook, there is apparently some mis-communica-tion between Ecolocy Action and NECNP, the intervenors in Seabrook. As 6/

noted in a recent Staff filing in the Seabr .a- roceeding,~ the Applicants, the Staff and IIECitP had agreed on a diffuent procedure acceptable to them for consideration of the radon question in Seabrook. The Staff understands that counsel for NECilP will directly inform the Appeal Board in Seabrook with respect to NECNP's position in this matter.

C0f4CLUSION For the reasons stated above, the Staff respectfully requests the Appeal Board to rule expeditiously on the motion to consolidate. l 1 i Respectfully submitted, W # J ernard 11. Borden1ck Counsel for NRC Staff A

'R Stephd5H. Lewis l Counsel for NRC Staff M{ . W?

Nor Lawrei[co Brenner tounsel for NRC' Staff Dated at Bethesda, Maryland l this 24th day of October, 1978. I 6/ "NRC Staff Filing Regarding Resolution of ti'e Radon Question," dated l September 27, 1978.

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Uf11TED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICErlSING APPEAL BOARD In the Matter of i

KAf1SAS GAS AND ELECTRIC COMPANY & )' Docket No. 482 KAf4SAS CITY POWEP, AND LIGHT COMPANY (Wolf Creek Generating Station, )

Unit Ilo. 1) )

Ira the Matter of )

)

NORTHERN STATES POWER COMPANY ) Docket No. STN 50-484 (MINNESOTA) Af40 NORTHERN STATES )

POWER COMPANY (WISCONSIN)

(Tyrone Energy Park, Unit No. 1) )

In the Matter of J

PUBLIC SERVICE COMPANY OF INDIAf1A, INC. Docket flos. STN 50-546 WABASH VALLEY POWER ASSOCIATION, INC. STN 50-547 (Marble Hill Nuclear Generating Station, )

Units I and 2) )

In the Matter of ROCHESTER GAS & ELECTRIC CORPORATION, et al. Docket No. STN 50-485 i (Sterling Power Project Nuclear Unit No. 1) )

i In the Matter of

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al. -

Docket tios. 50-443 50-444 (Seabrook Station, Units 1 and 2)

J 4

CERTIFICATE OF SERVICE I hereby certify that copies of "URC STAFF'S RESPONSE TO MOTION TO CONSOLIDATE HEARINGS ON RADON", in the above-captioned proceeding have been served on the following by depesit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Conmission's internal mail system, this 24th day of October, 1978: -

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• Alan S. Rosenthal, Esq., Chairman

• Mr. Lester Kornblith, Jr.

Atomic Safety and Licensing Atomic Safety.and Licensing Board Appeal Board U. S. Nuclear Regulatory Commission U. S. Iluclear Regulatory Commission .Washington, D.C. 20555 Washington, D.C. 20555 -

Dr. Gecrge C. Anderton

• Dr. John H. Buck Department of Oceanography, WB-10 Atomic Safety and Licensing University of Washington Appeal Board Seattle, Washington 98195 U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Gerald Charnoff, Esq. .

Shaw, Pittman, Potts & Trowbridge

• Michael C. Tarrar, Esq. 18D0 M Street, N.W.

Atomic Safety and Licensing Washington, D.C. 20036 Appeal Board U. S. Nuclear Regulatory Comaission .

Ralph Fdster, Esq.

Washington, D.C. 20555 Kansas Gas and Electric Building

• Samuel W. Jensch, Esq. P. O. Cox 208 Chief Administrative Law Judge Wichita, Kansas

• 67201 U. S. Nuclear Regulatory Comnission Washington, D.C. 20555 Honorable Robert Bennett .

Governor of Kansas William H. Griffin, Esq. Topeka, Kansas 66612 Assistant Attorney General Chief, Consumer Protection Division ffice of the County Clerk State Capitol Buildin9 p/oJackE. Scott Topeka, Kansas 66612 Coffey County Courthouse James T. Wiglesworth, Esq.

Rainey, Wigiesworth and Dewey g g ,. Ernest H. Cannon, Jr.

9800 Metcalf Chief State Boiler Inspector Suite 400 Kansas Department of Human Resources General Square Center 610 West 10th, 2nd Floor North Overland Park, Kansas 66212 Topeka, Kansas 66612 Edward G. Collister, Jr. Mrs. Diane Tegtmeier Collister & Kampschroeder 5130 Mission Road Attorneys at Law Shawnee Mission, Kansas 66205 1203 Iowa Lawrence, Kansas 66044

William H. Ward, Esq.

Michael J. Cain, Esq.

Bureau of Legal Services Mid-America Coalition for Department of flatural Resources Energy Alternatives BUX 7921 5130 Mission Road Madison, Wisconsin 53707

. Shawnee Mission, Kansas 66205 j

r. Stanley Cider

• Richard S. Salzman, Esq. , Chairman - lj/oDurandPostmaster Atomic Safety and Licensing i Tyrone, Wisconsin 54736 '

Appeal Board l U.S. lluclear Regulatory Commission Washington, D.C. 20555 BarbaraJ.1lillard,Esq.,

Public Service Commission f sconsin ,

• Dr. W. Reed Johnson ,

liill F rms State Office Bldg.

Atomic Safety and Licensing 4802 Sheboygan Avenue

-l Appeal Board Madison, Wisconsin 53702 l

l U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Edward Gold

• Ivan W. Smith, Esq. 612-13th Street 1 Men monie, Wisconsin 54751 Atomic Safety and Licensing Board l U.S. Nuclear Regulatory Commission .

Washington, D.C. 20555 Richard Ihrig, Esq.,

400 Exchange Building )

4th and Center l Jocelyn F. Olson, Esq. Winona, Minnesota 55987 Minnesota Pollution Control Agency 1935 W. County Road, B2 Dr. Quentin J. Stober Roseville, Minnesota 55113 Fisheries Research Inst',tute University of Washington '

1 Elizabeth'S. Bowers , Esq. , Chairman

• Seattle, Washington 98195 j Atomic Safety and~ Licensing Board U. S. Iluclear Regulatory Commission Robert Gray Washington, D. C. 20555 ural Route //l Hanover, Indiana 47243 Mr. Gustave A. Linenberger*

Atomic Safety and Licensing Board llarry H. Voigt, Esq. g U. S, Nuclear Regulatory Commission Le Boeuf, Lamb, Leiby and MacRae Washington, D. C. 20555 1757 N Street, N. W. l Washington, D. C. 20036 Walker C. Cunningham, Jr., Esq. Charles W. Campbell, Esq.

1129 Kentucky Home Life Buildin9 Vice President and General Counsel Office of the Jefferson County Attorney Public Service Company of Indiana-Louisville, Kentucky 40202 1000 East Main Street I Plainfield, Indiana 46168 I" " Peter F. Manning, Esq.

R Box 64 .

Assistant Director of Law Turtle Lake, Wisconsin 54889 City of Louisville 200 City Hall Louisville, Kentucky 40202 l

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David K. Martin, Esq. Mrs. Marie Horin~, President Assistant Attorney General Save Marble Hill Room 34, State Capitol Route 2 .

Frankfort, Kentucky 40601 Lexington, Indian- 47138 Ted R. Todd, Esq. Joseph B. Helm,' Esq. =

Attorney for the Board of Brown, Todd & Heyburn I Commissioners of the County Sixteenth Floor, Citizens Plaza of Jefferson, Indiana Louisville, KY 40202 P.O. Box 4007 427 East Main Street Michael J. Walro, Esq.

Madison, Indiana 47250 Attorney for the Plan Board and the Board of Zoning Appeals of Thomas M. Dattilo, Esq. Jefferson County, Indiana 404 East Main Street . 427 East Main Street -

Madison, Indiana 47250 Madison, Indiana 47250 l Ralph C. Pickard Joseph F. Tubridy, Esq.

Environmental Management Board 4100 Cathedral Avenue, N.W.

of the State of Indiana Washington, D.C. 20016 1330 West Michigan Street Indianapolis, Indiana 46206 Dr. Marvin M. Mann

• Atomic Safety and Licensing Mrs. David G'. Frey Board Panel Indiana Sassafras Audubon U. S. Nuclear Pegulatory Commission Society Washington, D.C. 20555 2625 S. Smith Road Bloomington, Indiana 47401 Dr. Ernest 0. Salo Professor of Fisheries Research Robert C. Slover '

Institute Save the Valley, Inc. College of Fisheries P.O. Box 813 University of Washington ,

Madison, Indiana 47250 Seattle, Washington 98195.

David R. Vandeventer, Esq. Dr. Kenneth A. McCollom Jefferson County Consumer 1107 West Knapp Street Protection Divisinn Stillwater, Oklahoma 74074 401 Old Louisville Trust Building Louisville, KY 40202 Robert A. Backus, Esq.

O'Neill, Backus, Spielman, Little George A. Leininger, Jr. , Esq. 116 Lowell Street City Attorney, City of Madison Manchester, New Hampshire 03101 1327 Iroquois Drive, P.O. Box 826 Madison, Indiana 47250

~ Thomas G. Dignan, Jr. , Esq.

John A. Ritsher, Esq.

J. Bruce Miller, Esq. Ropes & Gray Jefferson County Attorney 225 Franklin Street 1129 Kentucky Home Life Building Boston, Massachusetts 02110 Louisville, KY 40202

-4 Karin P. Sheldon, Esq. Atomic Safety and Licensing Sheldon, Harmon & Roisman Boa rd Panel

• 102515th Street, N.W. U.S. !!uclear Regulatory Commission Washington, DC 205S5 5th Floor Ndshington, D.C. 2000S Atomic Safety and Licensing Appeal' Board

• llorman Ross, Esq. U.S. Nuclear Regulatory Commission 30 Francis Street Washington, DC 20555 Brookline, Massachusetts 02146 Docketing and Service Section

• E. Tupper Kinder, Esq. Office of the Secretary Assistant Attorney General U.S. Nuclear Regulatory Commission Office of Attorney General Washington, DC 20555 State House Annex Room 208 Concord, New Hampshire 03301 Laurie Burt, Esq.

Assistant Attorney General Conmonwealth of Massachusetts n /s1 tir on c MN

• 19th Floor ~5T$ hen H. Lewis Boston, Massachusetts 02108 Counsel for IIRC Staff

> Edward Luton, Esq.

• Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Lex K. Larson, Esq.

1757 N Street, N.W.

Washington, DC 20035 Ecology Action Box 94

< Oswego, New York 13126 Jeffrey Cohen, Esq.

New York State Energy Office .

Swan Street Building, Core 1 Second Floor, Empire State Plaza Albany, New York 12223 Ms. Sharon Morey RD 3 Oswego, New York 13126

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