ML17340A077
| ML17340A077 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/28/1980 |
| From: | Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Saunders B DADE COUNTY, FL |
| References | |
| NUDOCS 8008080030 | |
| Download: ML17340A077 (22) | |
Text
July 28, 1980 Burt Saunders, Esq.
Assistant Dade County Attorney 1626 Dade County Courthouse Hiami, Florida 33130 In the Hatter of Florida Power and Light Company (Turkey Point Nuclear G
nit Nos.
3 and 4)
Docket No 50-25 50-251 (Proposed Amendments Facility Operating L'fc5hses to Permit Steam Generator Re air
Dear Hr. Saunders:
Per our discussion, I have enclosed 10 C.F.R. Parts 2, 50,aadd 51 of the Commission's regulations for your information.
Section 2.715(c) governs participation by an interested state in an NRC proceeding.
If I can be of any further assistance, please let me know.
Sincerely, Steven C. Goldberg Counsel for NRC Staff
Enclosures:
As stated cc w/o encl.:
Harold F. Reis, Esq.
Norman A. Coll, Esq.
Neil Chonin, Esq.
Internal Distribution',
NRC Central OELD-FF (2)
Shapar/Engelhardt Christenbury/Scinto Olmstead/Karman Goldberg/Chron (2)
OFFICE SURNAME OATEN So o 8 oao o3c OELD4
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NRC FORM 318 I9.76) NRCM 0240 AQ.S. GOVERNMENT PRINTING OFFICE: 1970489%69
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/ l~i Miami, Florida Karch 19, 1979 Piark P.
Oncavage 12200 S.YI. 110 th Ave.
Atomic Safety and Licensin= Eoard V. S. Nuclear Regulatory Commission
',washington, D. C.
20555 Dear Members of the aboard:
Please accept the revision to the petition for leave to intervene,,
dated February 9, 1979.
Very truly yours,
~'/
/
/!
Mark P. Qncavage
UNITi'D STATZS OF AK"RICA NUCLr"AR MGULATORY COKIISSION BEFORE TM ATOiViIC SAFFT 2 LICENSING OARD
- ~/,~
r gjr'eRC
~s) og,
<<)PR22 fS7-8 P-In the matter of:
FLORIDA POY(ZR 8: LIGHT CO.
)
(Turkey Point Nuclear
)
Generating Units Nos.
3 and 4)
,Docket
- Nos, 50-250 50-251 (Proposed Amendments to Facility Operating License to Permit Steam Generator Repairs)
PETITION FOR L"'AVE TO INTZRVZ'M Revi sion.
BY MASK P.
ONCAVAGZ I, Kark P.
- Oncavage, petition for leave to intervene in the matter of proposed amendments to the facility operating license to permit steam generator repairs at the Turkey-Point facility licensed to Florida Power and Light Company.
STANDING TO INTZRVZN""
The petitioner has grave concerns on the contemplated repairs to the steam generators at Turkey Point Units Hos.
3 and 4. There are three areas of concern and the petitioner's standing to intervene will be demonstrated to each area.
The first concern is about the release of radioactive airborne particulates occurring during the steam generator repair operation.
'Zhe petitioner considers any radiation I
exposur above the natural background radiation to be en increased hazard in the formation of degenerative diseases.
The petitioner's wife, two year old son, and the petitioner
live in Dade County, =lorida. approximately 15 miles from the
'home in uhich the petitioner and his family r sides and o.vns, are the Turkey point r actors.'urk y Point lies in a south-southeast direction from the petitioners residence.
The climatological tables as f'ound in the U.S. Coast Pilot, No. 4,
- 1972, mere compiled from U.S. Ãeather Bureau data.
The tables for Miami, Florida, state that during the months
- February, March, april, Ray June, July, August, and September the mean prevailing wind direction is either east-southeast or southeast.
The release of radioactive airborne particulates coupled with the mean prevailing wind presents a hazardous situation for the petitioner and his fam3.lyly The waters of'outh Biscayne Bay are among the finest of'ecreational areas in the. United States In close proximity of'urkey point, the Dade County Metro Government has established two recreational
- areas, Homestead Bayf'ront Park and Zlliot Key Park.
The. Federal Government has established the. Biscayne National Monument encompassing much of'he bay bottom and benthic biota of South Biscayne Bay. srom South Biscayne Bay, through the passages of Angelfish Creek Broad Creek, and Caesar's Creek lies the only living coral reef in th waters of the continental United States. It is the John Pennekamp Underwater Beef Stat-" Park.
These sensi<'..ie ~tural communities must be protect d
from all forms of pollution if they are to survive.
The petitioner owns a sailboat, PI 3.684 >u, and often cruises these
.vaters with his family. The recreational aspects of'=
cruising include f'ishing, crabbing, swimming, skin diving, and underwater photography.
Ta be denied the privilege of'tilizing the recreational environment of'outh Biscayne Bay, would diminish the quality of the petitioner's lif'e.
The land surroundin'g Turkey Point is a-low lying mangrove coastal zone.
The U.S.
Department of'nterior in the publication Resource and Land Information, for South Dade County, describes the mangrove zone as having an elevation, of "0 to 5 feet above mean sea level." There is little land to trap radioactive liquids if'a spill occurs.
Also, the flow of groundwater in the Biscayne aquifer starts in the Zverglades, west of Turkey Point and flows eastward to South Biscayne osy. Large portions of a liquid radioactive release would migrate to South Biscayne Bsy.
As a user of South Biscayne my, as a recreational
- area, and as a student of environmentaI affairs, the petitioner has standing and a substantial interest on the matter of'adioactive liquid releases.
The third area of concern is the economic feasibility of'lternatives to repairing the steam generators.
The petitioner, is a resident of South Florida, a consumer of the electricity that is produced by >'lorida Power and Light Co.,
and a member oz the South >'lorida economic community.
Feasonabl energy costs can have a beneficial ef ect on the economic health of the petitioner's community and unreasonable:
or inflated energy costs can place an undue burden on individuals and the entire economic structure.
The petitioner cuestions the wisdom of proceeding towards expensive repairs without examining the alternatives thoroughly.
The petitioner seeks a reanalysis of the total costs of Turkey Point s nuclear electricity, within the framework of cost benefits as outlined by the 5'ational Znvironmental Protection Act, of 1969.
10 UFH Part 2.714 i, GOOD CAUS~
The "Idiotic of proposed issuance of amendments to Facility Operating Lic nses" as published in the Federal 9
D 9
33,
- 2977, D
I
- 2
. 50-250 5
50-251, contained incorrect information.
The statement is:
"For further details pertinent to tnese matters~
see the licensee's letter dated September 20,
- 1977, along with other material that may be submitted by the licensee in support of'his action, all of'hich are or will be available f'r public inspection at the NRC's Public Document
- Room, 1717 H Street IPY.,
>~lashington, D.C.,
and at the Znvironmental and Urban Affairs Library, Florida International University, Miami, Zla. 33199."
The nuclear Regulatory Commission, staff response of Karch 1, 1979, states:
"ge are -informed-.by-.the librarian; Ms~ Rene-Daily-, '-
that the documents have, in fact,, been in the local PDR since October 4, 1977, though probably misfiled for part of the time."
This statement directly conf'licts with the enclosed, sworn
~
affidavit of lHarch 16, 1979 by lHs. Renee'aily.
Ms. Daily states:
"The September 20, 1977 letter from Florida Power and Light company'o the nuclear Regulatory Commission was not f'ound in the applicant correspondence'file f'r 1977 letters."
The petitioner's contention is not to assign.
blame for tbis flatw of procedure.
The petitioner s contortion is to state that the public's right to domestic information that
concerns the health and welfare of the public, must not be deni d.
Zf the importance of'aving crucial documents missing f'rom the local Public Document Room can be dismissed, then it f'ollows that the importance of'aving crucial documents missing from any Public Document Room, can be dismissed.
Tf the burden of full and accurate information can be lifted from the Public Document
- Rooms, then it must. fall on the Fed ral Re ister.
As the petitioner has
- shown, the E'ederal
~R' t 'd'M t'he circular reasoning used by the Nuclear Regulatory
(,'omuo.ssion's staff response of'arch 1, 1979, fails to do the Commission service.
Zach organ of'ublic inf'ormation;
.the local Publxc 36cume'5O Room-, ~-HucMr'"Regulatory -~-:--
dRtl'l
'tR,d t
~ ddt must stand on the merits of full and accurate information, otherwise, these organs of inf'ormation will become functionless.
The contention of the Nuclear Regulatory Commission staff response of'arch 1, 1979, that the letter of'eptember 20, 1977 was available f'rom the Nuclear Regulatory
(;ommission's Public Document
- Room, assumes that knowledge of the existence of the letter should hav existed even though the letter was missing., The petitioner sub~its that the discovery, by
>as.. Daily, that a crucial document was missing, took thirteen months to 'be realized.
Having crucial documents missing rom a ublic Document Boom for thirteen months 'ustifies good cause or ext nding the tim limit,for riling a petition for leave to intervene, by thirteen months.
Other f'actors that can meet the qualifications of'ood cause f'r a time extension are present, also.
l.
The cost projections of'he steam generator repairs published in revision 1, arrived at the Florida International University public Document Boom on January 3,
- 1978, only ten days before the filing deadline.
2 Since January 13,
- 1978, new evidence has appeared directly related to the concerns expressed in the petition of February 9, 1979. It is Nuclear poster Costs by the Committee an Government Operations, House Report No.
95-1090, April 26, 1978.
3..
Other sources of'nformation that have been released, since he f'iling deadline, are the responses to the sixty two questions asked of'lorida Power and Iight by the Nuclear Regulatory Commission.
The answers vere published in Revisions nos.
2, 3, 4, 5, and 6, which arrived at the Florida International University, Public Document Room from iKarch 20, 1978 to february 12, 1979.
Many of these cuestions and responses deal with public safety in relation to radiation release.
4.
Also released after the filing deadline of'anuary 13,
1978, is..'evision 0.
x'his in ormatio is held proprietary and has been excluded from the Public document Boom, but tn content and project d costs of this document figure prominently into the areas of public safety economic feasibility.
The proc ss of ouestion and answer between the Nuclear Begulatory Commission and florida Power and Light C;ompany which forces the licensee to examine their situation more closely, is valuble.
'Zhe appropriate time for initiating hearings on public safety and economic feasibility is after all revisions have been made and after the Nuclear Hegulatory Commission has completed the staff'eview of the proposed charter amendments.
Hather than the petition being considered delaying or 'untimely, the time for convening hearings is ripe and the petition should be considered appropriate.
Full justification exists for the granting of the petition due to the stated problems in the information organs and the belated nature by which full information has been made public.
members of the public should be allowed to take part in the decision making process whenever possible.
10 gFR Part 2.714 ii OT~~'R
$~~'IHS Th, petitioner's conce ns can be oest addressed in the hearings t.'.at grant or deny the charter amendmen.s to the licensee. All appeals are remedies that would be appropriate only if the Atomic Safety and Licensing Board, were to deny the petition r
Another regulatory body which may represent.
means to protect the petitioner's interest is the Z2.orida Public Service Commission.
The licensee has not brought the Public Service commission into the decision making process, thereby not allowing the petitioner an alternate administrative remedy. In a letter to the petitioner, of February 27,
- 1979, concerning the proposed steam generator. repairs, Commission Chairman Robert T. Mann states: "
"It was the first time that this matter had been brought to my attention."
The granting of the petition far leave to intervene remains to date. the only apparent procedure whereby the petitioner's interests may be adequately protected.
10 CFR Part 2.714 iii DZV"-LOP A SOtPiiD R"CORD
~s a resident of cmouth Florida and a consumer of electricity produced by the lic nsee, the petitioner's participation in the hearing will be directed towards the safety and economic well being of the petitioner, his family, and the South Florida community.
These issues are extremely important to the residents of South Florida. This importance is reflected in the correspondence that the petitioner has received from the elected officials representing
- Florida, concerning the proposed steam generator repairs-In the letter of ~'ebruary 22,
- 1979, addressed to the petitioner, the Honorable Dante Pascell states:
"-"I can..ap~eciaM-pour.'moncernmbout!- Me proposed repairs at Turkey Point I too, have written to the chairman of the Nuclear Regulatory Commission requesting action in this case."
In the letter of March 1,
- 1979, addressed to the petitioner, senator Richard stone states:
"I can certainly understand your concerns in this'atter and your efforts to obtain public hearings on this issue. I am therefore taking the liberty of contacting the appropriate authorities within the Nuclear Regulatory Commission for their thorough review of this matter."
Senator Lawton Chiles, in the letter of Larch 5,
- 1979, states:
"ln an effort to be of some help to garou I will contact the vommission on your behalf.
g wi13.
ask them to look into this matter and to fully review your recuest in the light of the comments J ou have made concerning the saf ety aspect involved with these repairs."
Zt is evid nt that the honorable andante Nascell from the 1 c ti. (..ongressional District, which includes urkey Point, Senator R'chard stone, and Senator Lawton whiles have indicated that the petitioner'-s concerns warrant action, hearings and review The petitioner will make every effort to assist in developing a sound record.
Legal counsel will be available to the petitioner for the hearing.
"xpert witnesses are anticipated to testify in behalf of the petitioner.
The petitioner brings to the hearing a position. not represented by the licensee in philosophy or intensity.
The licensee as a profit making company may not have the health and welfare of the zesidents of Sauth Florida foremost~~ -thei'r ~hi-losephy,-i<--<he-he.a145'and wel<are-.-.-
issues conflict with company interests.
The Nuclear Regulatory Commis..ion as a judicial body may find it more difficu t to xender a just decision if the health and welfare concerns of the public are not represented at the hearing, but only licensee's inter sts are represented.
10
@FR Part 2.714 iv
~~~~TTi~G ppRTy~g The petitioner has examined Docket Ãos.
50-250 and 50-251 searching or existing parties and other petitions for leave to intervene.
None were found. lt is apparent that if this petition is denied, the licensee s application for charter amendments will be uncontested.
'Zhe position of the Nuclear Regulatory vommission staff recommendation is unknown to the petitioner as of this date.
l CPR Part 2.714 BROAD'N ISSU 5 OR D-LA,Z'ROC'-DINGS The petitioner cont nds that. the concerns of puolic safety from radiation exposure, protection of the environment from radioactive licuid contaminants, and economic feasibility of the steam generator repairs, represent the crux of the proposed hearings. All other matters such as man-rem usage, construction accidents, storage of radioactive steam generator units, radwaste
- disposal, and security measures find a nexus in the three concerns.
Broadening the issues can only serve to dilute the main concerns.
'z'he petitioner's intervention will be directed towards the satisfactory resolution of the three main issues.
The purpose of the petition is not to delay proceedings but to assist in reaching a just decision.
The-peMtiondr-- ------
finds no merit in prolonging the operation oi the acknowledged defective steam generators.
ln an effort to reduce any delay that may occur, the petitioner is prefiling a motion with the Nuclear Regulatory Commission, to grant Discovery Rights immediately.
If a delay becomes unavoidable, the loss of flexibility by the licensee is more than offset by the value of having public hearings where a just decision can be rendered.
ZSSU "S The petitioner seeks proof or de onstration that all releases of radioactive a'rborne particulates and radioactive licuid contaminants released from the Turkey Point site, during the steam generator repairs, will be fully and accurately determined by planned monitoring procedures.
he petitioner seeks a determination of the total amount of radioactivity that may be released from the Turkey Point site, during the steam generator repairs, that would
'ot, be hazardous to the petitioner's health nor the public's health nor present any hazard to the environment surrounding the Turkey Point site, including South Biscayne Bay a The petitioner seeks proof or determ-nation that adeauate containment and decontamination procedures are immediately available to protect the petitioner's health, the public's health, and protect the environment in the event of any postulated or possible release of hazardous radioactivity, from the Turkey Point site, during the steam generator repairs.
The petitioner seeks to examine the total costs pertaining to the fission generated electricity from Turkey Point and compare the costs to the licensee's projected cost(s) of coal generated electricity. '"his
da a would be instrumental in determining the cost benefits of the steam generator repairs"within the framework-of the National Environmental Policy Act of 1969.
Cost benefit analysis must. include the projected operating life of Turkey Point reactors nos.
3 and 4, and the projected operating life of a coal burning facility.
CO~JCI,USIOli'f the licensee.
cannot demonstrate, to the satisfaction of the."Rzclear Regulatory Commission, that the petitioner's concerns are unreasonable or unfounded, then the Nuclear Regulatory Commission is fully justified to deny the charter amendments required by the licensee to repair the steam
.. generat~
at the=-Turkey Point~uclear~acility;:
STATE OP FLORIDA COUNTY OF DADE Nark P.
Oncavage Before me personally appeared Nark P. Oncavage, to me well known and known to me to be the person described in and who executed the foregoing instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 3.8 th day of March A.D. 1979.
Hct.rj?u'"( ltd~ of ~ '~ z'a
~
lVy Coalmisucn tx:.ir"s (.cL.". i;,v Eoa4ad Sy Aao(icau ferro 5 Aa~alv Caapsoe
~NUCLEAR 3.. GULATGRY CO!L~!ISSIGN B= GRE T!6E in the matter of:
PETITION FGR L 'AVE INTERV-NF
.~TG!!IC TG
)
)
S.~r '"
&. Li "7~I iG BG.-.RD Docket ~los ~ 50-250 53-251 AFFIDAVIT GF R" iV" " DAILY STaTE Gr FLORID'4
)
COU".TY GF D.<DE BEF OR"-
k!E oersonally appeared RENE" D-'KILY, who being first duly sworn, d poses and says:
I am employed by Florida international University and am a library technical assistant at the Environmental and Urban Affair" Librarv, Hiami, Florida.
The September 20, 1977 letter from Florida Power and Light Company to the Nuclear Regulatory Commission was not found in the applicant correspondence file for the 1977 letters.
':le requested a xeroxed copy of it and received the duplicate letter January 22, 1979.
REN" E DAILY 3'fGRU TG and SUBSCRIBED before me this day of !!arch.,:
1979
~
Notary Public, State of Florida
UNIT~4'D STATZS OF rGVRICA
~KiCLZAR R'"'GULATORY COLQ~":ISSION BZZOHE TF~ ATO.'.!IC SAFEST.
8: LICENSING BOARD In the matter of:
Petition f'r leave to Intervene
)-
)
)
Docket Nos.
50-250 50-251 KfOTIOI'I for the production of'ocuments and thinps and entr.
u on land f'r ins ection and other urposes.
-Pursuant to regulation of'0 CFR Part 2.741 (a),
the petitioner motions he be permitted to inspect all documents>>and-things "pe'rt izri~t~uposed charter amendments specif'icallJ described as steam generator repairs.
Marie P.
Oncavage 12200 S.W.
110 th avenue iQ.ami,
~'lorida 33176 March 19) 1979
UNITED STATZS OF KiZRICA
'iiUCLZAR R"GULATOR~ COi'PUISSION HZFOR'E'"" 'ATOLiIC SAFFTY 8: LICH'i%SING HOARD In the matter of Petition f'r leave to intervene, Turkey Point Nuclear Generating Units Nos.
3 and 4
)
)
)
)
Docket Nos.
50-250 50-251 CZRTIFICATZ OF SZRVICZ I, Mark P.
- Oncavage, hereby certify that copies of'he Revision to, Petition For Leave To Intervene, have been served on the following by deposit in the United States mail, f'irst class, properly stamped and addressed, this
~ day af'arch, 1979:
"lizabeth S.
Bowers, Zsouire, Chairman Atomic Saf'ety and Licensing Hoard Panel U. S. Nuclear Regulatory Commission washington, D.
C.
20555 Dr. David B. Eall 400 Circle Drive Santa Fe, New Mexico 87501 Dr. Oscar E. Paris Atomic Safety anc Licensing Hoard Panel U. S. Nuclear Regulatory Commission
- >lashington, D.
C.
20555
Harold.:. Reis,
'squire Lo,venstein,
>>evman,
- Reis, Kxelrad.8; Zoll 1025 Connecticut.
- Avenue, N.
'iV.
iashington, D.
C.
20036 Atomic Saf'ety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Atomic Saf'ety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission
',washington, D.
C.
2C555 Docketing and Service Section Of'f'ice of'he Secretary U. S. Nuclear Regulatory Commission Viaehington, D. C.
20555 Guy E.
Cunningham, "squire Steven C. Goldberg, Zsquire U. S. Nuclear Regulatory Commission Off'ice of the Zxecutive Legal director Y(ashington, D. C.
20555 Mark P. Oncavage