ML17341A285
| ML17341A285 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 06/27/1981 |
| From: | Chonin N CHONIN, N., ONCAVAGE, M. |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML17341A284 | List: |
| References | |
| ISSUANCES-SP, NUDOCS 8107020477 | |
| Download: ML17341A285 (12) | |
Text
UNXTED STATE OF AMERXCA NUCLEAR REGULATORY COMMXSSlON BEFORE THE ATOMIC SAFETY AND LXCENCING BOARD XN THE MATTER OF FLORXDA POMER 6 LIGHT COMPANY (Tux'key Point Nuclear Generating Units Nos.
3 and 4)
Docket Nos.
50-250-SP 50-251-SP (Proposed Amendments to Facility Oper'ating Licenses to Pexmit Steam Generator Repairs)
APPLICATION FOR STAY OF FINAL ORDER Intervenor, Maxk P.
- Oncavage, applies to the coux't for a stay of its Final Oxdex'n the above styled case, dated June 19, 1981 pending a decision on appeal in this action.
In support of his application, the Intervenor shows:
1; The Final Order dated June 19, 1981 author'izes the issuance of license amendments to permit the proposed steam generator repairs at Turkey Point Units 3 and 2.
The Intervenor has this date filed with the Atomic Safety and Licensing Appeal Boar'd exceptions to the Final Order'f June 19, 1981.
3.
The licensee, by and through a letter from its attox'ney dated June 12, 1981, desires to begin repairs on Turkey Point Unit 3 as soon as possible.
A copy of this letter is attached hereto as Exhibit I.
The letter states that the licensee wants to begin preliminary work on the repairs to Unit 3 immediately upon receipt of the Final Order from the Atomic Safety Licensing Board.
See the first full pax'agxaph on Page 3 of Exhibit l.
The Affidavit of Leonard Paxdue was previously filed by the
- IP J
Intevvenov in reply to the staff's Motion for Summavy Disposition on Contention VB.
A copy of that affidavit is attached to this application as Exhibit II.
The affidavit of Mv. Pardue would show that theve is
-a S~~ probability of a major hurvicane striking Tuvkey Point duving the southeast Florida hurvicane season.
5.
The licensee now intends to begin the repairs to Unit 3 not on October 1, 1981, but immediately aftev June 19, 1981.
June 19, 1981 falls within the first month of the southeast Florida huvricane season.
October 1, 1981, begins the last month of the huvvicane season.
6.
The Bechtel Power'orp.
Steam Generator Replacement Summary Schedule was pvoduced by the licensee in response to the Intevvenov's request for production of documents.
This report shows that during the first six weeks of vepair the licensee will decontaminate the containment building, process the pvimavy. coolant and decontaminate the channel head and divider plates of the three steam generators.
7.
The first six weeks of the repairs on Unit 3 will now be finished during the hurvicane season.
8.
After the fivst six weeks of vepaivs on Unit 3, the licensee will be required to store between 1470-3270 ci. of vadioactivity as a result of the repairs.
See Affidavit of Douglas King attached hereto as Exhibit III.
9.
The peak hurvicane season for southeast Florida occuvs duving the fivst week of September..
See U.S. Department of Commerce, National Oceanic and Atmospheric Administration, "Tropical Cyclones of the North Atlantic Ocean, 1871-1977" at Page 19, which is attached as Exhibit IV, 10.
The first six weeks of repairs to Unit 3 will now be completed before the peak of the huvvicane season.
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11.
The change of schedule proposed by the licensee requires poten-tial hazardous amounts of radioactivity 'to be stored without adequate precautions.
See Conclusion of Affidavit of Douglas King.
12.
10 C.F.R. 82.788(e) says:
In determining whether to grant or deny an application for stay, the Commission, Atomic Safety and Licensing Appeal Board, or presiding officer will consider:
1.
Mhether the moving.party has made a strong showing that it is likely to prevail on the merits; 2.
Mhether the party will be irreparably injured unless a stay is granted;.
3.
Mhether the granting of a stay would harm other
- parties, and Mhere the public interest lies.
13.
No one of these four (4) factors listed in 10 C'.F..R.
62.788(e) is necessarily dispositive, Public Service Com an of Oklahoma, 8
NRC
- 559, 561 (ASLAB 1978), but the most crucial factor is'whether irrepa-rable injury will.occur.
Public Service Com an of Indiana Inc.,
6 NRC 630@
632 (ASLABp 1 977 )
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14.
Ifthe.waste, containing from 1470-3270 ci., is released to the marine environment during a hurricane there will be irreparable injury not only to the Intervenor, but also to the general public.
15.
The public interest lies in delaying the storage of these very high amounts of radioactivity until after the height of the hurricane season.
16.
The granting of a stay will not harm the licensee, because it has represented throughout this litigation that the repairs at Turkey Point were not,to begin until October 1, 1981.
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DATED:
June 27th y 1981.
LAW OFFICES OF NEIL CHONIN, P.A.
Attorneys for Intervenor 3.400 Amerifirst Building One Southeast Third Avenue Miami, Florida 33131 Tele:
(305) 377-3023 BY:
NEX CHO N,
0
UNITED STATES OF AMERXCA NUCLEAR REGULATORY COMMXSSION BEFORE THE ATOMXC SAFETY AND LICENSING 'OARD In the Matter of FLORIDA POWER 6 LIGHT COMPANY (Turkey Point Nuclear Generating Units Nos.
3 and 4)
)
Docket Nos.
50-250-SP
)
50-251-SP
)
)
)
)
)
(Proposed Amendments to Facility Operating Licenses to Permit Steam Generator Repairs)
CERTXFICATE OF SERVICE I HEREBY CERTXFY that a true and correct copy of was mailed on this the 2 ~
day of to the following addresses:
JUNE'981, Marshall E. Miller, Esq. Administrative Judge
- Chairman, Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Dr. Emmeth A. Luebke, Administrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Dr. Oscar H. -Paris, Adminstrative Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C.
20555 Mr.. Mark P. -Oncavage 12200 S.
W. 110th Avenue.
Miami, Florida 33176 Harold F. Reis, Esq.
Steven P. Frantz, Esq.
Lowenstein,
- Newman, Reis 6 Axelrad 1025 Connecticut, Avenue,.N.W.
Washington, D. C.
20036
0
Steven C. Goldberg, Esq.
Office of the Executive Legal Director U-S. Nuclear Regulatory Commission Washington, D. C.
20555 Atomic Safety and Licensing Board Panel U. S. Nuclear Regul'atory Commission Washington, D. C.
20555 Docketing and Service Section Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Burt Saunders, Esq.
Assistant Dade County Attorney 1626 Dade County Courthouse Miami, Florida 33130 Henry H. Harnage, Esq.
Peninsula Federal Building lOth Floor 200 S. E. 1st Street
'iami, Florida 33131 Norman A. Coll, Esq.
S TEEL I HECTOR 6
DAVIS Co-Counsel for Licensee 1400 S.
E. 1st National Bank Bldg.
Miami, Florida 33131 LAW OFFICES'F NEIL CHONIN, P.A.
Attorneys for Intervenor Suite 1400 Amerifirst Bldg.
One S.
E. 3rd Avenue Miami, Florida 33131 Telephone:
377-3023 By Neil Cho in
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