ML16312A434

Email from Sabatini Monatesti Dated 10/23/16 Responding to Denial of SUNSI Access Request and Challenging Decision

ML16312A434
Person / Time
Site:	Susquehanna
Issue date:	10/23/2016
From:	Monatesti S ES Enterprises
To:
SECY/RAS
References
50-387, 50-388, 72-28-LT-2, License Transfer
Download: ML16312A434 (7)

Text

From: SABATINI MONATESTI <smonatesti@verizon.net>

Sent: Sunday, October 23, 2016 3:44 PM To: Hood, Tanya Cc: susan.schwartz@pressenterprise.net; erik_helbing_esq@yahoo.com; marande07

@aol.com; vincent.kundrik@mail.house.gov

Subject:

[External_Sender] RE: Susquehanna Indirect Transfer SUNSI Request Response Attachments: NUC positoin Problem Statement 05182016.pdf Resend document From: SABATINI MONATESTI [1]

Sent: Sunday, October 23, 2016 3:32 PM To: 'Tanya.Hood@nrc.gov' Cc: 'susan.schwartz@pressenterprise.net'; 'erik_helbing_esq@yahoo.com'; marande07@aol.com;

'vincent.kundrik@mail.house.gov'

Subject:

RE: Susquehanna Indirect Transfer SUNSI Request Response Importance: High Tanya:

Thank you for responding to my questions. BTW, if Riverstone Holdings LLC goes bankrupt what happens to the plant and the people who work there? What is the status of the evaluation of increasing the storage space to 3,000 metric tons? Given the Act only allows for 1,900 metric tons? My memo draft 05182016, references page 42 of the Act, and page 46 Notificaton and its disposition. It would appear that ownership is changing without disposition of outstanding concerns.

October 20, 2016 Sabatini Monatesti 919 Belair Drive Berwick, PA 18603

SUBJECT:

REQUEST FOR ACCESS TO SENSITIVE UNCLASSIFIED NONSAFEGUARDS INFORMATION RELATED TO THE APPLICATION FOR INDIRECT TRANSFER OF THE SUSQUEHANNA STEAM ELECTRIC STAT I understand that I must submit a challenge within five days:

1

Please accept this email response as my challenge to your position. I will need longer than five days to review your position, the information provided, and to prosper a proper response.

Regards, Sabatini Monatesti From: Hood, Tanya [2]

Sent: Thursday, October 20, 2016 2:10 PM To: smonatesti@verizon.net

Subject:

Susquehanna Indirect Transfer SUNSI Request Response

Dear Mr. Monatesti:

Please find attached the response of the U.S. Nuclear Regulatory Commission to your October 11, 2016 request for access to documents containing sensitive unclassified non-safeguards information related to the application for indirect transfer of the licenses for the Susquehanna Steam Electric Station.

Thank you, Tanya E. Hood Project Manager Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852-2738 301-415-1387 Tanya.Hood@nrc.gov 2

Health and Safety review - Susquehanna Site Problem Statement: Talen Energy requires an extension of the nuclear waste dry storage facility.

The current Talen Energy plant operates in Salem Township, PA and currently supports about 1,800 to 2,000 tons of nuclear waste. Salem Township Zoning Board health and safety position was undermined by a legal position taken by Talen Energy attorney who stated that jurisdiction rests with the NRC, U.S.

Department of Energy, Office of Civilian Radioactive Waste Management, Washington, D.C., 20585, Nuclear Waste Policy Act, March 2004, http://www.energy.gov/sites/prod/files/edg/media/nwpa_2004.pdf .

Talen Energy requires additional storage capacity due to its continued life expectancy requirement (additional license extension 20 years, anticipate installing 50 to 60 additional storage units, total capacity by 2018 about 3,000 tons). Two concerns exist:

1. Will the additional storage impact the health and safety of the Salem Township community (includes Berwick PA), e.g., :

a. Will the site support the additional weight given the potential for hydraulic fracturing earthquake incident?

b. Does Talen Energy have sufficient funds in escrow to enable decommissioning of plant, and if facility sold, what protection do the residents of the area have that decommissioning is possible without extensive citizen investment (tax dollars)?

2. Has the NRC done their due diligence regarding the evaluation of the impact on community health and safety issues:

a. Potential for cascade failure, exposure to radiation due to waste mishandling or related container breakage (44% of past failures dealt with health and safety issues)

b. Potential for plant infrastructure failure due to neutron bombardment or other failure (Electrical Power Distribution 22%, Component 22% and Generation Capacity 12%)

To my knowledge, neither Talen Energy nor NRC has undertaken any evaluation of review with citizen participation to discern if the additional dry storage would affect the health and safety of the surrounding area. Through their commission of acts denying due process the parties, i.e., Talen Energy, NRC and Township Zoning Board, have undermined the action of citizens of Salem Township to review and participate in the design of storage as it relates to health and safety of the citizen of Salem Township Applicable Statute: NRC considers health and safety of paramount importance, per act.

Sjm-05182016 Page 1

Health and Safety review - Susquehanna Site

1. Page 6: Evaluation - Act applies for the disposal of high-level radioactive waste resulting from atomic energy defense activities.

Such evaluation shall take into consideration factors relating to cost efficiency, health and safety, regulation, transportation, public acceptability, and national security.

2. Page 9: Disposition of waste - The Federal Government has the responsibility to provide for the permanent disposal of high-level radioactive waste and such spent nuclear fuel as may be disposed of in order to protect the public health and safety and the environment. The costs of such disposal should be the responsibility of the generators and owners of such waste and spent fuel.

3. Page 9: Concern - High-level radioactive waste and spent nuclear fuel have become major subjects of public concern, and appropriate precautions must be taken to ensure that such waste and spent fuel do not adversely affect the public health and safety and the environment for this or future generations.

4. Page 11: Evaluation - Each nomination of a site under this subsection shall be accompanied by an environmental assessment, which shall include a detailed statement of the basis for such recommendation and of the probable impacts of the site characterization activities planned for such site.

5. Page 30: Responsibility - Secretary shall assist such State, and the units of general local government in the vicinity of the repository site, in resolving the offsite concerns of such State and units of general local government, including, but not limited to, questions of State liability arising from accidents, necessary road upgrading and access to the site, ongoing emergency preparedness and emergency response, monitoring of transportation of high-level radioactive waste and spent nuclear fuel through such State, conduct of baseline health studies of inhabitants in neighboring communities near the repository site and reasonable periodic monitoring thereafter, and monitoring of the repository site upon any decommissioning and decontamination.

6. Page 37: Disposal - Any repository constructed on a site approved under this subtitle [42 U.S.C. 10131 et seq.] shall be designed and constructed to permit the retrieval of any spent nuclear fuel placed in such repository, during an appropriate period of operation of the facility, for any reason pertaining to the public health and safety, or the environment, or for the purpose of permitting the recovery of the economically valuable contents of such spent fuel. The Sjm-05182016 Page 2

Health and Safety review - Susquehanna Site Secretary shall specify the appropriate period of retrievability with respect to any repository at the time of design of such repository, and such aspect of such repository shall be subject to approval or disapproval by the Commission as part of the construction authorization process under subsections (b) through (d) of section 114 [42 U.S.C. 10134(b)-(d)]. [42 U.S.C. 10142]

7. Page 39: Interim storage - The Secretary, the Commission, and other authorized Federal officials shall each take such actions as such official considers necessary to encourage and expedite the effective use of available storage, and necessary additional storage, at the site of each civilian nuclear power reactor consistent with

a. the protection of the public health and safety, and the environment;

b. economic considerations;

c. continued operation of such reactor;

d. any applicable provisions of law (Salem Township); and

e. the views of the population surrounding such reactor. [42 U.S.C. 10152]

8. Page 42: Storage - The Secretary shall provide, in accordance with paragraph (5), not more than 1,900 metric tons of capacity for the storage of spent nuclear fuel from civilian nuclear power reactors.

Such storage capacity shall be provided through any one or more of the following methods: (C) construction of storage capacity at any site of a civilian nuclear power reactor.

9. Page 43: Environmental review - The provision of 300 or more metric tons of storage capacity at any one Federal site under subsection (a)(1)(A) shall be considered to be a major Federal action requiring preparation of an environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969

[42 U.S.C. 4332(2)(C)]. The Secretary shall prepare, and make available to the public, an environmental assessment of the probable impacts of any provision of less than 300 metric tons of storage capacity at any one Federal site under subsection (a)(1)(A) that requires the modification or expansion of any facility at the site, and a discussion of alternative activities that may be undertaken to avoid such impacts. Such environmental assessments shall include -

a. (i) an estimate of the amount of storage capacity to be made available at such site; Sjm-05182016 Page 3

Health and Safety review - Susquehanna Site

b. (ii) an evaluation as to whether the facilities to be used at such site are suitable for the provision of such storage capacity;

c. (iii) a description of activities planned by the Secretary with respect to the modification or expansion of the facilities to be used at such site; (iv) an evaluation of the effects of the provision of such storage capacity at such site on the public health and safety, and the environment;

d. a reasonable comparative evaluation of current information with respect to such site and facilities and other sites and facilities available for the provision of such storage capacity;

e. a description of any other sites and facilities that have been considered by the Secretary for the provision of such storage capacity; and

f. an assessment of the regional and local impacts of providing such storage capacity at such site, including the impacts on transportation.

10. Page 45: Review - in all stages of the planning, development, modification, expansion, operation, and closure of storage capacity at a site or facility within such State for the interim storage of spent fuel from civilian nuclear power reactors. Public participation in the negotiation of such an agreement shall be provided for and encouraged by the Secretary, the State, and the affected Tribal Council (we have one up the road, have they been part of the process).

11. Page 46: Notification - For the purpose of this subsection, "process of consultation and cooperation" means a methodology by which the Secretary (A) keeps the State and eligible Tribal Council fully and currently informed about the aspects of the project related to any potential impact on the public health and safety and environment

12. Page 61: Survey - The Secretary shall consider the extent to which siting a monitored retrievable storage facility at each site surveyed wouldprovide for public confidence in the ability of such system to safely dispose of the fuel and waste; impose minimal adverse effects on the local community and the local environment; provide a high probability that the facility will meet applicable environmental, health, and safety requirements in a timely fashion

13. Page 70: Content - A benefits agreement under section 170 [42 U.S.C. 10173] shall provide that the State or Indian tribe that is party to such agreement participate in the design of the repository or monitored retrievable storage facility and in the preparation of Sjm-05182016 Page 4

Health and Safety review - Susquehanna Site documents required under law or regulation governing the effects of the facility on the public health and safety;

14. Page 93: Dry Cask Storage - the Secretary shall - (1) consider the costs of dry cask storage technology, the extent to which dry cask storage on the site of civilian nuclear power reactors will affect human health and the environment, the extent to which the storage on the sites of civilian nuclear power reactors affects the costs and risk of transporting spent nuclear fuel to a central facility such as a monitored retrievable storage facility, and any other factors the Secretary considers appropriate Salem Township Resident: The implication of the meeting of Salem Township Zoning Board April 19 is that Talen Energy and Salem Township denied the citizen any right to review or assess the impact of additional waste storage. The implication was that Talen Energy was going forward without any due diligence. That the citizen including local tribe would accept without concern for health and safety the decision of Talen Energy. It was obvious that the NRC had not conducted an environmental evaluation.

The NRC nor did Talen Energy present any evidence of their evaluation to the citizen.

==

Conclusion:==

Talen Energy and the NRC should be prohibited from pursuit of this expansion without review and acceptance by Salem Township citizen.

Sjm-05182016 Page 5