ML18082A204
| ML18082A204 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 04/15/1980 |
| From: | Valore C VALORE, C. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8004210291 | |
| Download: ML18082A204 (5) | |
Text
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CARL J. VALORE ROBERT N. McALLISTER HARRIS ARON MEMBER N.J.,FLA.S D.C.BAR R. C. WESTMORELAND THOMAS J. VESPER
,MEMBER N.J.S D.C.BAR PASQUALE J. CARDONE MARK G. SCHWARTZ MEMBER N. J. S PA.BAR HENRY.N. PORTNER MEMBER N.J. SPA.BAR RICHARD L. PRESS DONALD H. DIEKER MEMBER N.J. S FLA. BAR LARS S. HYBERG A PROFESSIONAL CORPORATION SUBURBAN OFFICE MAINLAND PROFESSIONAL PLAZA 535 TILTON ROAD P.O. BOX 175 NORTHFIELD, N.J. 08225 (609) 645-1111 TWX: CONCORDE-NOFL-510-688-5801 April 15, 1980 Harold Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C., 20555 ATIANTIC CITY OFFICE
- GUARANTEE TRUST BUILDING ATLANTIC CITY, N.J. 08401 (609) 344-6539 COUNTY OFFICE 319 CAPE MAY AVENUE MAYS LANDING, N.J.
(609) 625-9106 IN REPLY REFER TO North fj eld OFFICE
FILE NO.
In the Matter of Public Service Electric
& Gas Company, (Salem Nuclear Generating Station, Unit 2) Docket No. 50-311
Dear Mr. Denton:
In response to the comments of Public Service Electric
& Gas Company to the request of Lower Alloways Creek Township to the Director of Nuclear Reactor Regulation pursuant to 10 C.F.R., §2.206 for a suspension or moratorium on the -issuance of an operating license for Salem Nuclear Generating Station, Unit #2, we have attached the following response.
Very truly yours, CARL J. VALORE, Special Nuclear Counsel for the Township of Lower Alloways Creek CC:
Mark J. Wetterhahn, Esq.
Counsel for PSE&G Mary O. Henderson, Clerk Township of Lower Alloways Creek CJV/sgp YOO t/-). / 0 ~? J
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RESPONSE TO cm~..ENTS OF PUBLIC SERVICE ELECTRIC AND GAS COMPANY, ET AL, ON THE REQUEST OF LOWER P..LLOWAYS CREEK TOWNSHIP TO THE DIRECTION OF NUCLEAR REACTOR REGULATION PURSUANT TO 10 C.F.R. §2.206 FOR A "SUSPENSION" OR "MORATORIUM" ON THE ISSUANCE OF AN OPERATING LICENSE FOR SALEM NUCLEAR GENERATING STATION, UNIT 2 Analysis of Comments
- 1.
The petition is untimely and barred by laches. (Page 3)
- 2.
Long term storage of spent fuel is the subject of a rulemaking proceeding by the Commission.
(Page 4)
- 3.
NUREG-0575, Final" Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fuel, August, 1979, complies with the National Environmental Policy Act in respect to enlargement of spent fuel storage capacity. (Page 6)
- 4.
The Environmental Impact Appraisal prepared by the Nuclear Regulatory Commission eliminates the requirements for a NEPA type environmental impact statement. (Page 7)
- 5.
Since it will be more than four years until the the spent fuel storage would exceed 264 assemblies, the issue of resolving expansion of a spent fuel facility does not have to be addressed at this time. (Page 8)
Page 1
Discussion of Comments
- 1.
Public Service Electric & Gas inveighs timeliness and laches against the petitioner.
The petitioner is not responsible for the delay in the proceedings before the Atomic Safety & Licensing Board (Docket #50-272).
There is an ongoing hearing where specific Board questions have been asked which is to continue on April 28, 1980.
It offends logic that the Atomic Safety & Licensing Board might deny the application for enlarged spent fuel pool at Salem Unit #1 and the Commission would allow the twin unit (Salem Unit #2) to go on line with an enlarged spent fuel pool.
If nuclear power is in a crisis of confidence with the general public.how would one explain this anomaly to the public?
- 2.
The petitioner will stand on the allegations in the 1/
request dated March 25, 1980.
The Waste Confidence Hearing-is not intended to deal with questions of safety and health on storage of spent fuel at reactor sites during the life time of the facility.
_l/
Storage and Disposal of Nuclear Waste; Prehearing Conference, 45 Fed. Reg. 3056 (January 16, 1980);
See also, Storaqe and Disposal of Nuclear Waste; Notice of Proposed Rulemaking, 44 Fed. Reg. 61372 (October, 1979).
Page 2
- 3.
NUREG-0575,Final Generic Environmental Impact Statement on Handling and Storage of Spent Light Water Power Reactor Fule, August, 1979, in no way carries out a NEPA type analysis in respect to enlargement of spent ~uel pools.
It is merely stated that enlargement of spent fuel pools can be taken without significant effect on the public health and safety.
(ES-5).
This statement is not predicated on any analysis done in NUREG-0575, and is based on the NRC.
procedure in 10 C.F.R., Part 51, of preparing a negative declaration based on an environmental impact appraisal rather than a NEPA type enviornmental impact statement.
- 4.
See discussion in paragraph 3 above.
- 5.
This response is typical of the short sighted incremental poor decision making which is largely responsible for the disappointing progress of nuclear power in this country.
Public Service Electric & Gas Company says it should be permitted to go forward with enlarged racks at Salem Unit #2 because the enlarged racks may not be utilized until four years have elapsed.
A decision should first be made as to whether enlarged racks at either Salem Unit #1 or Salem Unit #2 should go on line or whether they constitute a jeopardy *to the safety and health of the public.
That is the reason hearings are taking place before the Atomic Safety & Licensing Board in Docket
. #50-272.
- Page 3
CONCLUSION
- 1.
The operating license for Salem Unit #2 should not be issued until conclusion of the hearing before the Atomic Safety and Licensing Board on Salem Unit #1, Docket #50-272.
- 2.
The operating license for Salem Unit #2 should not be issued and any amendment to the license for Salem Unit #1 should not be issued to permit enlargment 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 is completed by the NRC.
Alternatively, a generic environ.mental 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 should be completed prior to the issuance of an operating license for Salem Unit #2 and any amendment to the License for Salem Unit #1 is granted.
April 15, 1980 CARL J. VALORE, Special Nuclear Counsel for Township of Lower Alloways Creek, Salem County, New Jersey
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