ML18082A139
| ML18082A139 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 03/25/1980 |
| From: | Donelson S LOWER ALLOWAYS CREEK, NJ |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8004100583 | |
| Download: ML18082A139 (4) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND. LICENSING BOARD
. IN THE MATTER OF PUBLIC SERVICE ELECTRIC & G~
COMPANY'S SALEM NUCLEAR GENERATING STATION UNIT #2 REQU~ST FOR SUSPENSION OR MORATORIUM ON THE ISSUANCE
- ON THE OPERATING LICENSE FQR SALEM UNIT*. #2 TO:
Director of* Nuclear Reactor Regulation*
171.7 H.. Street, N. W.:
Washington, D.C., 20555
- 1.
The Petitioner, Samuel E. Donelson, is the Mayor of the Township of Lower Alloways Creek~- a municipal*****...
unit of government in Salem County, N.J., and an intervenor in the matter of P_ublic Service Electric & Gas Co., Salem Nuclear Generating Station, Unit #1 - Docket #50-272.
The aforementioned intervention involves the application by the utility to place dense storage racks in the spent f~el pool at Salem Unit #1 and similar racks in Salem Unit #2.
The practical effect if the application for reracking is granted will be to increase spent fuel storage from 264 spent fuel assemblies to 1,170 spent fuel assemblies.
If the operating license for Salem Unit #2 is granted the enlarged spent fuel pool will permit 1,170 fuel assemblies to be stored at Salem Unit #2.
-- :=-]
- 2.
The Atomic Safety & Licensing. Board in the
\\
Salem Unit #1 proceedings - Docket #50-272 has propounded various questions predicated on concerns of safety and health *.
The hearing is scheduled on April 28, 1980. and testimony is to be submitted on the following question:
5th Question:
"In the event. of a gross loss -0f water from the spent fuel storage pool at Salem 1, what would be the difference in consequences between those occasioned by the pool with the expanded storage proposed by the Licensee and those occasioned by the present pool?"
- 3.
The Petitioner verily believes it would be arbitrary, capricious and unreasonable to issue the operating license for Salem Unit*#2 which would permit the same enlarged spent fuel pool that is subject to an ongoing hearing at Salem Unit #1 prior to the conclusion of the hearing on the Salem Unit #1 applicati~n for spent fuel storage enlargement.
- 4.
The enlargement of the spent fuel pool at Salem Unit #1 and the potential long term - defacto storage of spent fuel at Salem Unit #1 and #2, has never received environmental analysis as required under the National Environmental Policy Act.
The Nuclear Regulatory Commission has taken a position that enlargement of spent fuel storage capacity and storage of spent fuel at reactor sites through-out the country does not require a NEPA type of analysis.
- --' 4 Instead, negative declarations of environmental impacts pursuant to the Code of Federal regulations have been filed in each license procedure by the NRC.
The Petitioner contends the NRC has failed to comply with the National Environmental Policy Act on the impacts of nationwide storage of spent fuel at reactor sites and particularly at Salem.
Unit :fl:l and #2.
The operating license for Salem Unit*:fl:2 should not be issued until this National Environmental Policy Act environmental impact statement is prepared and issued by the NRC.
S.
10 CFR 2.200 permits any person to request requirements or such other action has may be proper in respect to a license for a nuclear facility.
The Petitioner has attempted to raise this issue in the matter of Township*
of Lower Alloways Creek v. The United States Nuclear Regula-tory Commission, Civil Action, #79-1129 and in the Spent Fuel Confidence Rulernaking Proceeding, #PR-50,51(44FR61372).
The United States District Court Action was dismissed and at the first prehearing conference in the waste confidence proceeding the Petitioner was advised by legal counsel* for the NRC on the record *that a NEPA type analysis of spent fuel storage at reactor sites would not be undertaken by the NRC in that procee.ding.
- 6.
This request specifies.the following requests of actions:
A.
\\The operating license for Salem Unit
- 2 not be issued until conclusion of the hearing before the Atomic Safety &
Li.censing Board on Salem Unit #1, Docket
- 50 -272 is concluded, and B.
the operating license for Salem Unit #2 not be issued *and any amendment to the license for Salem Unit #1 not be issued to permit enlargement of the spent fuel pool until an environmental impact statement
.for storage of spent fuel at Salem Unit #1 and Unit #2 pursuant to the National Environmental Policy Act be completed by the NRC.
Alternatively, a generic environmental impact statement dealing with storage of spent fuel as a national policy of temporary or permanent storage of spent fuel which has been and is being accomplished at nuclear power facilities throughout the United States.
Dated: March 25, 1980 4imL'E~ &i!i:hiaT TOWNSHIP OF LOWER ALLOWAYS CREEK SALEM COUNTY, NEW JERSEY