ML19029A382
| ML19029A382 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 03/07/1978 |
| From: | Degnan J, First M State of NJ, Office of Attorney General |
| To: | Office of Nuclear Reactor Regulation |
| References | |
| Download: ML19029A382 (38) | |
Text
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UNITED STATES OF AMERICA I NUCLEAR REGUIATORY COMMISSION 3/119*??
IN THE MATTER OF )
DOCKET NO. 50-272 PUBLIC SERVICE ELECTRIC )
(SALEM NUCLEAR GENERATING )
STATION, UNIT* 1)
)
PETITION OF STATE OF NEW JERSEY FOR LEAVE TO INTERVENE
- 1. The State of New Jersey, pursuant to 10 C.F.R.
§ 2.715(c), hereby petitions the United States Nuclear Regulatory, Commission for leave to intervene in the application of Public Service Electric & Gas Co., et al., for the issuance of an amendment to Facility Operating License No. DPR-70 for the Salem Nuclear Generating Station, Unit No. 1, which if issued would permit the increase in fuel storage capacity from 264 to 1170 fuel assemblies in the spent fuel pool of that facility.
- 2. Salem Nuclear Generating Station, Unit No. 1, is situate within the territorial boundaries of the State of New Jersey. Accordingly, the State of New Jersey is an interested Stats.
e.
- 3. In filing the within petition, the State of New Jersey is not requesting the Nuclear Regulatory Commission to convene a hearing under this docket. Rather, the State of New Jersey wishes to preserve its rights to participate as an interested State should a hearing be convened. In addition, regardless of whether a hearing is convened the State of New Jersey respectfully requests that it be kept fully apprised of the review undertaken by the Nuclear Regulatory Commission of the proposed amendment to Facility Operating License No. DPR-70.
Respectfully submitted, JOHN J. DEGNAN ATTORNEY GENERAL OF NEW JERSEY Attorney for State of New Jersey By v_l. .f;t_r
_*?;"'""-lyJ,:-o---.;___ . . i_d_._ _
Mark L. First Deputy Attorney General
STATE OF NEW JERSEY )
ss.
COUNTY OF MERCER )
MARK L. FIRST, of full age, being duly sworn according to law, upon his oath deposes and says:
lo I am the attorney for the petitioner in the foregoing petition.
2o The facts as set forth in the foregoing petition are true.
Mark L. Fifst '
Deputy Attorney General Subscribed and sworn to before me this --rday of March 1978.
.e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )
PUBLIC SERVICE ELECTRIC ) DOCKET NO. 50-272 AND GAS COMPANY, ET AL. )
(SALEM NUCLEAR GENERATING )
STATION, UNIT 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the Petition of State of New Jersey for Leave to Intervene were served upon the persons listed below by deposit in the United States Mail, postage pre-t/ -rf._.
paid, this I day of March 1978.
U. S. Nuclear Regulatory Commission Docketing & Service Section Washington, D. C. 20555 Executive Legal Director U. So Nuclear Regulatory Commission Washington, D. C. 20555 Troy B. Conner, Jr., Esq.
1747 Pennsylvania Avea, NaW., Suite 1050 Washington, D. c. 20006 Subscribed and sworp to before me this 7-ttt day of March 1978.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )
)
PUBLIC SERVICE ELECTRIC & )
GAS COMPANY ) DOCKET NO. 50-272
)
(Salem Generating Station, )
Unit #1) )
PETITION FOR LEAVE TO INTERVENE BY THE TOWNSHIP OF LOWER ALLOWAYS CREEK I. Public Service Electric and Gas Company, herein-after referred to as "Licensee", has applied for an amendment to its facility operating license #DPR-70 by application for increased capacity fuel racks dated November 18, 1977 supplemented by request for amendment*
facility operating license #DPR-70 dated December 13, 1977. Notice of said application, dated January 13, 1978, was given by the Nuclear Regulatory Commission.
II. Petitioner is a Municipal Corporation in the County of Salem and of the State of New Jersey. It shall hereinafter be referred to as "Municipality".
e.
III. Said Municipality consists of approximately 45.7 square miles of land and contains a population of approximately 1,600 persons.
IV. Said Municipality is the site for Salem Generating Station, Unit #1, for which said facility operating license amendments have been requested by Licensee.
V. Said Municipality is charged with the protection of persons and property and with the preservation of the public health, safety and welfare of the Municipality and its inhabitants.
VI. The governing body of said Municipality by resolution authorized the Municipality to intervene in this proceeding.
VII. Said Municipality has retained the services of Dr. John Lamarsh, a Nuclear Engineer, in order to assist it in evaluating said application for amendment and for intervening in this proceeding in order to assure the protection of persons and property and the preservation of the public health, safety and welfare of the Municipality and its inhabitants.
e.
VIII. Service in this proceeding may be made on Municipality by serving its attorney, William C. Horner, 67 Market Street, Salem, New Jersey 08079.
IX. In order to meet the deadline for filing this Petition for Leave to Intervene the Municipality lists herein its contentions at present, but reserves the right and requests that it be permitted to amend this Petition and to add new contentions upon receiving further reports from Dr. Lamarsh and upon receiving further information through discovery and otherwise, including the hearings in this proceeding. The contentions at this time are as follows:
- 1. The Licensee has not considered in sufficient detail possible. alternatives to the proposed expansion of the spent fuel pool. Specifically, the Licensee has not established that spent fuel cannot be stored at another reactor site. Also while the GESMO proceedings have been terminated, it is not clear that the spent fuel could not by some arrangement with Allied Chemical Corp.
be stored at the AGNS Plant in Barnwell, South Carolina.
Furthermore, the Licensee has not explored nor exhausted
e.
the possibilities for disposing of the spent fuel outside of the U.S.A.
- 2. The reactor site on Artificial Island was originally approved and the Licensee was granted NRC permits and licenses to build and operate a nuclear facility for the production of electric power not for the purpose of storing spent fuel. Indeed, i t was on this basis that the Township of Lower Alloways Creek issued a Certificate* of Occupancy to the Licensee. In its application to enlarge its spent fuel pool, the Licensee has not established that it is not its intention to build additional spent fuel capacity even at such time as other repositories have become available. The Licensee should be required to assure that it will not convert the reactor site into a permanent repository for spent fuel.
- 3. While the Licensee has requested increased spent fuel storage capacity at its Salem Unit 1 it has not limited the use of such storage facility to fuel removed from Salem Unit 1. Storage of spent fuel from other units on or off Artificial Island therefore is a
e.
possibility and such storage creates many hazards- -*not analyzed by the Licensee in its application. Included among these hazards are those created by unloading spent fuel casks.
- 4. The Licensee* has failed to demonstrate that the spent fuel can, in fact, be stored in the spent fuel pool for the contemplated period, or what may actually turn out to be a longer period, without deterioration and release of fission products.
- 5. The Licensee has not established in its appli-cation precisely what would be done with spent fuel assemblies if, because of corrosion or other reasons, one or more assemblies began to leak fission products.
6 *. The Licensee has failed to address the issue of the consequences of sabotage on the spent fuel pool, consequences which could be more severe in view of the higher fuel loading of the pool. Further, in this regard, the Licensee has not considered the need for increased surveillance or other security measures which should be required in view of the larger amount of fuel in the pool.
- 7. The Licensee has failed to consider the impact on the spent fuel cooling system of the increased cooling required with the pool filled to capacity with spent fuel. Further, the Licensee has not shown what effect the increased heat load will have on the Delaware River.
- 8. The Licensee has failed to demonstrate that increased reliance on the Residual Heat Removal System to provide coolant for the spent fuel under the proposed modification would not lessen the ability of that system to perform its safety functions while serving as a backup heat sink for the spent fuel.
- 9. Although the manufacturer of the spent fuel pool racks has a quality assurance program to guarantee that proper Baral plates have been used in the racks, the Licensee has failed to establish that it plans to under-take an independent verification of the rack construction.
As a consequence, the Licensee plans to load fuel into racks whose material structure is only assumed, not known to Licensee. As an independent check on both structure of the racks and on the neutronics calculations of the multiplication factor, the Licensee should be
required t~*perform a l/M multiplication experiment whenever loading new or spent fuel into the racks.
- 10. While the Licensee plans an in-pool surveilla~ce program for verifying the condition of the Baral by removal and inspection of prototypical Baral sheets, no schedule for such surveillance is established.
- 11. The Licensee has not addressed the increased risk of consequences from releases of radioactivity or criticality occurring in the modified spent fuel pool due to an accident resulting from projectiles generated by natural events, such as earthquakes or tornadoes, or by mechanical failure, such as turbine failure.
WHEREFORE, Petitioner, Lower Alloways Creek Township, respectfully requests that it be granted leave to intervene in this proceeding. Petitioner also requests that it be permitted to amend this Petition and to add new contentions within a reasonable time.*
Dated: March J__, 1978 LOWER ALLOWAYS CREEK TOWNSHIP BY: ~f\AAO,~L,~C~
ILLIAM C. HORNER Its Attorney 67 Market Street Salem, NJ 08079
~- .
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )
)
PUBLIC SERVICE ELECTRIC DOC"~~""
usNiic'
) DOCKET NO.
& GAS COMPANY )
)
(Salem Generating Station,)
.Unit #1) )
AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO INTERVENE BY T.HE . TOWNS HIP OF LOWER ALLOWAYS CREEK SAMUEL E. DONELSON, being duly sworn according to law, deposes and says:
- 1. I am a duly elected member of the Township committee of the Township of Lower Alloways creek.
I am also the Mayor of said Municipality and am authorized on behalf of the Township of Lower Alloways Creek to make this Affidavit.
- 2. To the best of my information, knowledge and belief the facts set forth in the foregoing PETITION FOR LEAVE TO INTERVENE and .the contentions contained therein are true and correct.
- 3. The aspect of the proceeding as to which intervention is desired is the request by licensee
~*
for an amendment to its Facility Operating License No. DPR~70 by application for increased capacity fuel rods dated November 18, 1977 supplemented by request for an amendment*Facility Operating License No. DPR-70 dated December 13, 1977.
- 4. The facts relied upon as to both interest and contentions are set forth in the foregoing Petition For Leave To Intervene, all of which are true and correct to the best of my information, knowledge and belief and I adopt them as my own statements.
DATED: March / , 1978 j7
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0 Samuel E. Donelson, Mayor Township of Lower Alloways Creek sworn and subscribed to before me this 9:; day of ; .:---j_:'__..... _.. , 1978
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NOTARY PUBLIC OF .NEW JERSEY My Commission Expires February 9, 1983
- - UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )
)
PUBLIC SERVICE ELECTRIC & ) DOCKET NO~
GAS COMP A.i.'lY )
)
(Salem Generating Stati.on, )
Unit !fl) )
NOTICE OF APPEARANCE NOTICE is hereby given that the undersigned attorney here-with enters an appearance in the captioned matter. In accordance with §2. 713 (a) , 10 CFR Part 2, the following infor!!!.ation is provided:
NAME William C. Horner ADDRESS 67 Market Street P. O. Box 66 Salem, NJ 08079 TELEPHONE NUMBER (609) 935-0958 ADMISSIONS Supreme Court of New Jersey Supreme Co-urt of California United States District Court for the District of New Jersey United States District Court for the Di strict of Northern California NAME AND ADDRESS Lower Alloways Creek Township OF PARTY c/o Michael H. Facemyer, Clerk Municipal Building Hancock's Bridge, NJ 08038 Dated: March :J__, 1978 Wflliam C. namer, Attorney for Lower Alloways Creek Township W'lLl.IAM C. HORNER.
ATTORNEY AT [.AW L
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In The Matter Of )
)
PUBLIC SERVICE ELECTRIC & )
GAS COMPANY ) DOCKET NO. 50-272
)
(Salem Generating Stationr )
Unit !fl) }
CERTIFICATE OF SERVICE I certify that copies. of the NOTICE OF APPEARANCE, PETITION FOR LEAVE TO INTERVENE FOR LCWER ALLOWAYS CREEK TOWNSHIP and AFFIDAVIT by Samuel E. Done*lson have been served upon the below
~'-"~ . , March q listed persons by ordinary mail on
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1978 and those persons are:
Troy B~ Conner, Jr., Esq.
Suite 1050 17 Pennsylvania Avenue, N.W.
Washington, D. C. 20006 Executive Legal Director U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Dated: March J__, 1978 ) /\j\.;\,~u--V..-")
Wil!i am C. Hortier, Attorney for Lower Alloways Creek Township W'!LLJAM c. HOR.NER.
AT70R.'IEY AT La~W" 67 MAJl.Jtl!T 3Tll.£aT 5A!.~M. Nl!.Y 41!.IUl!.Y 08079
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~tale nf Nrm 3Jtr.sry DEPARTMENT OF THE PUBLIC ADVOCATE DIVISION OF PUBLIC INTEREST ADVOCACY P. 0. BOX 141 TRENTON. NEW .JER5EY 08601 ARTHUR* PENN STANLEY C. VAN NE5S* DIRECTOR PUBLIC ADVOCATE TEL. 609-292-1692 March 10, 1978 Dr. Edson Case Mr. George I.ear, Chief Director of Nuclear Reactor Regulation Or;erating Reactors Branch *3 U.S. Nuclear Regulato:z:y Commission Division of Operating Reactors Washington, D.C. 20555 U.S. Nuclear Regulato:z:y Ccrnmi.ssion Washington, D.C. 20555 In ~= Salem Nuclear Generating Station, Unit No. 1 (Public Service Electric &
Gas . Co.) , (proposed issuance of amendrrent to facility Operating License),
r:ocket No. 50-272 r::ear Dr. Case and Mr. I.ear:
The Nuclear .Regulato:z:y Carrmission ("NEC") announced in the Federal Register on February 8, 1978, that it is considering issuance of an arrendrrent to the Salem Operating License ("OL") which would pennit the* operator, Public Service Electric and Gas Company ("PSE&G")
to increase the capacity for on-site sp:nt fuel storage from 264 to 1170 fuel assemblies. 43 F.R. 5443. 'Ihe period for storage would also be lengthened fran the present 1 year to 15 years, or until 1993. The final date for the filing of petitions to intervene was listed as March 10, 1978.
Since the publication of notice, however, the NOC has
-*too e *e Dr. Edson Case and March 10, 1978 Mr. George Lear announced that it will conduct an infonna.l "public infoIJnation rreeting" in Salem, N:w Jersey, in the vicinity of the facility, on March 15, 1978.
'Ihe purpose of the rreeting, according to representatives of the :NR:'s Office of Congressional Liason, is to acquaint the public with the applicant's petition and the pro:posed :NR: response. .lt>re irrportantly, the rreeting will provide the first opp::>rtunity for interested residents to question the NOC on the factual and µ:>licy matters underlying the PSE&G application.
Cbviously, the public can e:xpect to discover a great deal atout the :possible impact of the pro:posed action on their lives at this rreeting.
While the Public Advocate endorses this example of public awareness, we are concerned with the implication of its timing o Since the rreeting will occur five (5) days after the tolling of the tine for submitting
- i;:etitions to intervene, the public is placed in a difficult :position.
Either concerned citizens must file :i;:etitions on a matter of great technical and legal canplexity without the benefit of a public encounter with agency representatives, or they ITU.1st forego intervention in ho:t:es that the rreeting will answer their questions and satisfy their interests.
If the rreeting dces not rreet their needs, they will be faced with the proSfect of filing late :i;:etitions 'Which; under the rules of the Ccmnission, are unacceptable unless "good cause" is shown. 10 C.F.R. 2.714(a) (1) to (4).
Since individual citizens are likely to be without counsel at this stage, rreeting this burden is pJtentially beyond their means. Certainly, it will require, at a minimum, substantial effort on their part, together Dr. Edson Case and March 10, 1978 Mr. George I.ear with tirne and cost to the Ccmnission, any duly appointed Atanic Sa£ety and Licensing Board, the Office of the Executive Legal Director, as well as counsel to the utility, who will have to" respond. In short, the Carrmission can avoid a waste of effort and resources by extending the r:eriod allowed for intervention.
~breover, since there are no ftEl assemblies anticipated for unloading before "the first quarter of 1979,"* there would be no appar_ent prejudice to the utility i f the ti.TIE for filing petitions is reasonably extended beyond March 15th. In our view, the Corrrnission should authorize an extension of not less than twenty-one (21) days a£ter the March 15th rreeting or until April 5, 1978 for the filing of tirrely petitions. 'Ihis will save the Corrmission, the utility and rrernbers of the public considerable time and expense. It can only lead to the filing of rrore artful petitions by those still interested a£ter March 15, 1978,and oould well result in sorre citizens not filing or*
withdrawing petitions if their concerns are satisfied at the meeting.
In short, an extension to April 5, 1978 will serve the public interest, while a decision to hold inflexibly to the March 10, 1978 deadline will only lead to confusion, e~se and a loss of faith with the public.
Accordingly, the Public Advocate respectfully requests an
- See letter of November 18, 1977, Mr. *Frank P. Librizzi to Mr. C--eorge I.ear, Chief, 0t=:erating Reactors Branch #3, Division of Op:rating Reactors A**--~\
l-*. * -,.~
e e Dr. Edson Case and Mr. George I.ear March 10, 1978 extension of tine for the filing of :r;:eti"tions t6 .intervene and request a public hearing. All those who had filed previously should be pennitted to arrEild their :r;:etitions unilaterally with.in the same tine.
Ver:y truly yours, RWP/db cc: Secretary of the Carmission Executive Legal Director Barry Smith, Esquire Troy B. Conner, Esquire
- Al and Eleanor Coleman Michael Di.Bernardo William c. Homer, Esquire Daniel A. Rita Isal:el Sayen Honorable Martin A. Hennan Honorable William J. Hughes Honorable James J. Florio Honorable P.occo D. Ricci Honorable Jcel Jacobson
- a
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35 "!:" Dn ve Pennsville, N. J. 08070 March 11; 1978 Secretary, u. s. Nuclear Regnl~tory Co~ission Attention Chnef Docketing and ervice ection Washington,
- c. 20555 PUBLIC .SERVICE ELECTRIC & GAS ( PSE&G) APPLICATION DOCXE~ NO* 50-272 DATED 11-18-?'Z: INC~E>> CAPACITY.,: SPENT-- FUEL RA0KS;. UNIT I SALEM GENERATI1rG STATION - ..
~s letter confirms our* two maiefi~s of March 9 as permitted in the code. of federal regnlations C10 ** * .J regarding petition to enjoin and petition for leave to intervene in the subject application.
There has been much confusion as to who could or would file* a petition on behalf of the man~ persons concerned about the above subject.
On February 2?~ 1978 we officially resuested (by lptter) legal couns~l and technical assistance from the~* J.* ffiee of* Public Aavocate. e received a telephone- call frc.m the **
- 0. ffice of* ublic Advocate r:lday, March 3 inq8ring about our request which they-seemed to* have trouble locating..
- ther requests we knew had been sent toMtheir office even before ours, could not be located at the time of the arch 3 telephone call.. We duplicaaed our tretter andRgot a cop:yRof on{~yhe 1
~~~e~a~e£~:~:s2m~::u~;t!h~an~ ~!!~e~e~~ ~~~ N~a9~nB~~~cea~~sPublic Advocate. *
~n Marcj9, we received another telephone call from the O:f'fice of ublic dvocate advising us it would be impossible for them to get . a petition for intervention on our behalf completed for submission by the proper filing date. e decided to make the at~empt on our own and in good :f'aith are requesting an extWnsion to the arch 10 deadline for submission of these petitions. e are diligently seeking qualified 1e'!9]. counsel and technical assistance and. request the-30-day extension we are seeking begin after receipt of :your decision. ~bis extension .
would* enable us to accomplish the necessary format necessary for intervention. We feel our best source of hel~ should come from an agency-designated ta represent citi~ens in a fair way~ consequently, our request to the li. -'. O:t:f'ice of r'ublic ~vocate. "e would, .
naturally prefer to avoid any possible conflicts of interest that might be incurred with qualified legal counsel, but Will pursie the best means available to tts to comply with your regulations. *ntil we have secured legal counsel and qualified tee)llical assistance, we request these petitions not be limited in scope to the contentions attached.
Later that same day l~Arch 9)*we received a telephone call from the .
gffice of ~ssembl~an*' artin* A. Ierman, advising us a letter from the
~ice *of ublie dvocate dated Mar§h 9 would be in the mail to the requesting an extension of- the arch 10 filing deadline.
~SE&G App~cation~ N!eiiiber 18,,: 19??
'fhe delW ~n ~vailab;_lity ofDthe PSE&~ November 18 application in the
_Salem, * * *
- ublic .bibre:ry
- ocument oom *and the supplement letter dated December 13, 1977 ~received March 10 from the applicant> has made evaluation of the subject difficult.
~ere is also the matter of the Commission's Safety Evaluation and Environmental Impact a-ppraisal not yet completed. ~is is another reason why the filing date should be extended.
R,,mors of an extension of the deadline (March io> and a March 9
- Cltlantic City-PressJ newspa.-per article in which Congressman -"ughes stated the extension had been.granted, led us to verify the accu~8Y of this extension so we might better be able to accommo~5e the through the proper channels. When we learned from the
- counsel this extension had not been granted, action in the way of these petitions was begun immediately.
We are ifdeed gateful 6or th.g upcoming NRC -information meiting to be held in ower lloways reek arch 15, 1978 at 7:00 p.m. owever, we feel this meeting would bet~er serve the public if it had been held prior to the filing date. ince it was not, the next best thing would be to extend the filing time.
As ratepayers oCP~itantpc Biectric C§mpany and stockhol~ers of all iour*util~ties '* hiladelphia lectric, Atlantic lectric and elmarva ower &- Light) who share in the financial burden and moral obligations and responsibilities associated wtth PSE&G1s application, and as concerned citizens who wish to protect not only our own lives and posse*ssions, but also ~hat of our loved ones, and to enable all who share our concern *to make limited appearance and to create the public
- airing Rf the im1flications -of this application that will bec.ome* a part of the official record, we respectfully submit the attached petitions for your consideration and timely decision regarding deadline of extension, and approval to enjoin and intervene.
Very truly yours, Eleanor a. Coleman Alfred c. Coleman CC: NRC E,.eC'tltive Legal Director Barry Smith, Esquire
~roy ~. Ganner; Esquire
~ongressman ~illi~ Jt Iughes ongressman ames *. lorio Senator Clifford Casw*
5 Aenator Iarrison A.-* . illiams ssemblyman-Martin A. Ierman
~ssembl~an Donazd Stewart senator vaym§nd lane tanley an ess William-Potter ) In Turn Office of Fublic Aavocate
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SECRETARY US NUCLEAR REGULATORY COMMISSION ATTN CHIEF DOCKETING AND SERVICE SECTION WASHINGTON Dt 20555 _
AUTHORITY FOR THIS REQUEST IS GRANTED BY ATOMIC ENE.RGY ACT* or 195~ AS AMENDED PART 2 ,708 CF1 O~ TITLE 10 CFR ANO SETFORTH IN PART 2 _,202 ANO*
2,~06 PETITION TO ENJOIN APPLICATION PSE AND G INCREASED eAPACITY SPENT FUEL ~ACKS DOCKET #50*272 UNTIL FINAL DISPOS!TION PENDING DOCKET
- RM*50*3, WE ARE FILING INTERIM PETITION AND DILIGENTLY SEARC~ING FOR QUALIFIED LEGAL.COUNSEL FOR PROPER SUBMISSION ALFRED C COLEMAN JR ELEA~OR G COLEMAN 22:53 EST MGMCOMP MGM
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1 PUBLIC SERVICE ELEc9rc & GAS-. (PSE&G) A.PPLICATA DOCXE'? NO. 50-272 l>ATED 11-18..;?? INCREASED CAPACITY, SPEN'f FUEL RACX.S, WTIT I
- SALEM GENERATitG STATION . . - .. .
PETITION TO U~ S. NUCLEAR REGULATOR! COMMISSION TO ENJOIN TIIS PROCEEDING We contend that the decision on this application by the u. S. NRC is-untimely and not in the bes~ intere~t of tha public or the residents who live in the vacinity o:f the alem 1 . ucl.ear enerating Stati.bn.
-~ _,,.
~e decision on this apBlieatiin shou~ be set aside unt~ the final disposition of pending ocket umber *;o-3 concerning uclear waste
~including spent :fuell is made.
Eleanor G. Goleman&~ 1~~
A];fred c. Coleman 3-11-?8
S'rATE OF N~ ~ Q.<J.._ 't:?r-=
COUNTY OF 'S-~
CITY OF ~-*******'""-.i"~
We, Eleanor G:. Coleman and Alfred c . . Coleman, Jr., do swear that the statements in this Petition to Enjoin are true, to the* _best of our knowledge, information and belief.
Sworn and subscri1Jfd to before me this ...1.1.2::- day of March, 1978.
RUSSELL H. AHLQU;sr NOTARY PU3LlC OF Nl:W JERSEY Commission Expires Se;::tember 6, 1982
n: ,~TES POS'JA ,** "
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SECRETARY US NUCLEAR REGULATORY COMMISSION
(~-\ . ATTN CHIEF DOCKETING AND SERVICE SECTION
)
~ASHINGTON DC 20555
'*~--"
AUTHORITY FOR THIS REQUEST IS GRANTED BY THE ATOMIC ENERGY ACT OF 1954 AS AMENDED PART 2,708 CF) OF TITLE 10 CFR AND SETFORTH IN PART 2,71~
C> PETITION FOR LEAVE TO INTERVENE APPLICATION PSE AND G INCREASED CAPACITY SPENT FUEL RACKS DOCKET d50*272 POSES UNDUE THREAT TO OUR LIVES AND MATERIAL POSSESSIONS, WE ARE FILING INTERIM PETITION ANO 0 DILIGENTLY SEARCHING FUR QUALIFIED LEGA~ COUNSEL FOR PROPER SUBMISSION 'J ALFRED C COLEMAN JR ELEANOR G COLEMAN 22:57 EST MGMCOMP MGM
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- l!BLIC ~~E ELEC.C & GAS (PSE&G) APPLIC!TII - oocmr liO, 50-272 DATED 11-lR-?? *.INCREASED CAPACITY, SPENT. FUEL RACKS, UNii' I SALEM GENERATI1JG STATION . . . .
- PETI'l'ION TIE u* S NRC FOR LEAVE TO INTERVENE TO IOLD A PUBLIC 11EARING
. IN TIE COUNTY OF a.A.LEM, .NEW JERSEY, GIT! OF SALEM . .
The authority for this request ;s granted in thS AtomicFEnergy Act of
~954 as amended, Part 2.714 of itle 10 of the ode of ederal egulations.
- In light of 4 such atomic generatin.g stations in the same vacini~y, the increase in c*apaeity in storage of S'Pent fuel assemblies at alem I poses an undue threat to our lives as well as the lives and material possessions of our children and !uture generations.
!hi~ 'P~ti.tionis based on the following contentions.
- 1. Petitioners contend this is a- significant rack design modification and significantly increases the number of S'Pent fuel rods and/or assemblies and presents an unreasonable risk of radiation release and contamination of the surrounding area.
- 2. PetitiQners contend that there* are discrepancies in the determina-tion of the lithologic" stratigra'Phic,. hydro]ogic, seismology and structural geologic conditions of the site on which this spent fuel facility is located and consequently applies to mtilti'Ple facilities.
J. ~aioners contend the _NRc, by itscown admission, JaR>>ftE"Pl' 1978
. . 0410,first annual repox-t_to *ongreffS entitled fa.grams
~or the resRlution ~1' enaric ssuespand nn-esolved Safety nssues
. _elated ~o uclear ower enerating lants, plans address -high jriority includes increases in spent fuel storage capacity.
e interpret this to mean there are unresolved generic and safety issues.
- 4. Petitioners contend that lack of extended eX'Perience;::with modified racks and reco:mmellded configuration With possible storage of
- foreign {non u.s.J spent fuel assemblies, normal and defective, presents--an unreasonable risk of radiation release and contamination of surrounding area of this facility and/or multipal facilities in the same vacinity.
- 5. Petitioners contend that inreased density, 264 to 11?0 assemblies has yet to be tested for additional heat load and ultimate effect on inventory and racks.
- 6. Petitioners contend that there is no assurance of commercial .
reprocessing or off-site interim or permanent repositoryd~b -
increased density and/or capacity for a.tor.age of spent fu
- I~--,
assemblies, plus 3 other storage facilities in the same , .* * 'hi ty **::.>,
constitutes a waste repoei tory and requires a separate / -~ens~-*~~ >\
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Peti tion the u.s. NRC for Leave toiutervenecto llold a Public l:earing in the County of Salem,. New Jersey, ity of 5alem Petitioners contend* that for the subject storage facility plus 3 other such storage facilities in the same vacinity, applicant must prove beyond a reasonable doubt their ability to handle channeled and uncha.nneled. fuel and fuel with burnable poison rods inserted in the assemblies.
- 8. Petit~oners contend ~hat the applicant must demonstrate access to a safe and final method of storing high-level radioactive
- wastee.
Petitioners contend that* th~--applicant has not demonstrated methods of handling_ emergency-*-*situations such as leaking fuel and ability to predict future fuel designs, isolopic burnup prospects that fuel cladding might* degrade, which could lead to radiation releases and its effect_ on the surrounding environment*
as well as the work force at Salem 1 site and/or other 3 storage facilities in the same vacinity.
. 10. Petitioners contend that the NRC Safety Evalua.tian and E?ivironmental Lmpact appraisal is not yet available for Salem I and further contend it does not take into consid~ra.tion the 3
£ther storage facilities in the same va.cinity~ .einvironmental mpaet statements a.re ma.de on single units. o our knowledge none has been done on a. combination* of 4 which is the case on Artificial Island. *
- 11. Petitioners contend that the behavior- of spent nuclear fuel in water pool storage, precsp.tion based principally on visual observations, du~ing fuel handling operations and on visual portions of the bundles during storage is not valid, lacks credibility ani lends no assurances to resi.dents and surrounding environment. urther surveys based on visual observation of degradation and limited radiation monitoring a.re here a.gain based on single storage facilities and not the combination of 4 in 1 location. ,
- 12. Petitioners contend detailed systematic examinations of :l'uel bundle materials have not been conducted specifically to define storage behavior of multiple storage facilities.
- 13. ~etiti£ners contend that this increased storage ca.pa.city at alem .* plus 3 additional storage facilities poses the same problem previott$1y discussed - that of no combination considerations \4 in 1 location - not dttplica.ted anywhere else in the world. -
- Petitioners contend.' that Saie:;i I s.tora.ge facility structure is not constructed to. Withstand large aircraft accidents \i.e. 747) parts coming in contact with racks, assemblies and/or rods and leaking of aviation fuel causing .!!!:! inside structure.
I.,
Petition the u.s~ NRC for Leave to Iutervenecto lold a Public
- earing in the County o.f Salem, New*Jersey, ity* of 5alem 15~ Petitioners contend that the applicant has not adequately assessed the consequences of Sl'ent fuel rods reaching criticalit7.
- 16. Petitioners contend that the ex:lstance 'of 4 reactors and 4 spent fuel facilities in addition to the requested application incre8jes risks to the population and property in the vacinity. specially in light of the fact: that there is presently no worttble evacu~tion pl;n for residents in the surrounding areas ncluding elaware
- Petitioners contend that since citi~ens are unable to obtain insurance coverage for nuclear accidents and/or occui-rence.s at the present time*, this facility \proposed additionJ as
- well as previously licensed facilities .continue to pose un-fair threats. to our. health and safety*..
- 18. Petitioners contend the* applicant has failed to,.,_~ddress the consequence of loss of coolan,,-failure of the --mergency core cooling system and utili~ation of water from the spent fuel pool in the water injection syst.em as an alternate jacktrp source of water in case of accident or oecurence.
hat is the adverse- effect on spent fuel, rods when water is taken off them7 *
- 19. Approval of the subject application will not.force those responsible to develop acceptable di~posal nor will it force an admission there is no solution. eprocessing is not an acceptable solution to the disposal of this high level waste.
- 20. Petit+/-oners contend the applicant has not considered the consequences of the spent fuel rods coming in contact with one another in subject facility.
The above mentioned contenti~R.H~ individually or collectively are sufficient cause for the to rule against the applicant.
Eleanor G. Coleman ff'~~~~J Alfred. c. Coleman, Jr.
- C ~Ch' 3-11-7s
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STATE OP ~ ~ ca-~ =:i I COlJNTI 0'1' S)-Pi\_~
CITY OF ¥e>N~~~ \~
We* Eleanor G. Coleman and A1:rred c. Coleman,. Jr.
do swear that* the statements in this Petition for Intervention are true,-to the best of our knowledge, information and belief'.
Sworn and subscribed to befjre me this ~ day of arch, 1978.
~*~~*
RUSSELL H. AHLQUIST NOTARY PUBL!C OF NEW J::RSEY Commission Expires September 6, 19S2
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BEFCRE THE ATm*:Ic SAFETY AND LIGEN'Sn~G 30.ARD ?AXEL In the Matter of
?~BLIC SERVICE ELECTaIG &
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?.3QUEST FO i.1. A. ?C REA.L ADJ0DIGATOR~ :!3A.RI:~G Ort PETITION POR LEAVE TO INT:SRVEX3 Pursuant tu the nutice in the Federal Register 7wl ~3, ~c. -:,7 Triednesday, February 8' 1978' which refers to t.ne request v.::* ?ublic Service El.ectric and Gas to a1::end t.t1e provisions in t:;.e Tec:-.. nical Specifications to per::'li t increase in fuel storage capacity frr:-:'1 264 to 1,170 .:*uel assemblies in t::ie spent .fuel pool *of trie Sale:'l Nuclear Generating Station Unit No. 1.
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Tne Sun ?eople believe trceir interest; ~1ay b~ 2..ffecteC. ~~- t .. e
!:"esults t~e
!::a'.re ;..
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re s~.il ts Gf storage -~ ~~clear ~astes '!'..._.- : _ 'C Ll\J ~:; *. _::.: ~- *:: **
T::e be i1:t:tJa.ire ..: ::.J~
tf1e site:
not live in the i!iure-diate vic-inity is cf little note an(! *.::a:-:::*:*:
be used to ne~ate our interest. Our children a:id t::e ir :-.a::.'..~ ie:::
nave been lured to the site by i' e
education al advert i z e~-:~:-.::.:::
~er the Second Sun~
The Sun People further contend that South Jersey is i::!..l-pre~:.::ir'E*i to store nuclear i..:aste c:n this site or anyv.;.l::.ere nearby.
no salt mines.. Sabota~e near the netrcpoli tan areas tri.ig~~;: "::e easy. E.vacua tion plans fur tile plant and surr0unding ares. ~~a '!e been s!lown. to be confused.
i:-.e. further contend* just as we did for Hope Creek I and II ( .:;;i appeal of N.JGAFRA. permit Sept. 1975) that no clear worl:{aole ;:;la~1s for handling, storage or reprocessing of radio active wastes exists. To proceed to grant any permits before this unres,_. L :ecl 1 problem has been fully addressed is. incomprehensible. At about that time: an a.f'ficial of PSE & G stated This is a government c*ontrolled p~oblei.11. *r It certainly is! We called upon state goverr1rnent at that time to control the probler!l "oy not permitting it to be created until a solution can be devised. The ~e:--~*. .:..t *was granted anvhow. u
- PSE & G then stated (Januarv" l-776) . '!ae::;li:::c.:--~t
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~urther stresses that t~e hazards c~nsiderat~o~s are net ~.:.t~i~
tr1e juris8.iction of t':':e :Jepartment c:, 3nviron:*:ental ?re.. :e*: t.:.,..:.rl _*;.,
tne State of New Jerse:I or of the ~oastal Area ftevie\*1 3.:s.r: ~:.iL.:.:::*::;us.!:t to tne -icctrine of Fede:'al ?ree::-:ption *. ,
In ether wcrds~ tney knocKed the ball bacx to L:.e cory agenc:T (N:tC). Sc nere we are a~ain. T:-~e :::r;.:*ble::. -.-.:~-:.~::: :~~:-~L:
nave been solved be!cre the plgnt ~as e~er
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We hope to Bibliography NRDC Critical Hass, Washington, D.C.
____ .__..;;:~;~ttE~~~~:*i*~~~~~VocATES"';g::%.~
_OUIH PENNIS,,. NEW JERSEY 08245
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e UNITED STATES OF AMERICA e
NUCLEAR REGULATORY COMMISSION
[Docke*t No. 50-272]
PUBLIC SERVICE ELECTRIC & GAS COMPANY ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD TO RULE ON PETITIONS Pursuant to delegation by the Commission dated December 29 1 1972, published in. the Federal Register (37 F.R *. 28710) and Sections 2.105, 2.700, 2.702, 2.714, 2.Jl4a, 2.717 and 2.721 of the Commission's Regulations, all as amended, an Atomic Safety and Licensing Board is being established to rule on petitions and/or requests for leave* to intervene in the following proceeding:
PUBLIC SERVICE ELECTRIC & GAS COMPANY (Salem Nuclear Generating. Station, Unit 1)
Proposed Issuance of Amendment to Facility Operating License No. DPR-70 This action is in reference to a notice published by.
the Commission on February S, 1978, in the Federal Register (43 F.R. 5443) entitled "Proposed Issuance of Amendment to Facility Operating License".
The Chairman of this Board and his address is as follows:
** Gary L. Milhollin, Esq. .. .
1815 Jefferson Street Madison, Wisconsin 53711
i
.I The, other members of the Board and their addresses I
! are as follows:
Mr. Glenn O. Bright Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555.
Dr. James C. Lamb, III 313* Woodhaven Road.
Chapel Hill, N.C. 27514 ATOMIC SAFETY AND LICENSING BOARD PANEL j.
\
I Dated at Bethesda, Maryland l
It -
this 16th day of March 1978.
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UNITED STATES OF A~lER.lCA NUCLEAR REGlJLATORY co:*C-!ISSIO~
In the Natter of )
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PUBLIC SERVICE ELECTRIC AND ) Docket No.(s) 50-272 GAS COMP Ai.'lY )
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(Salem Nuclear Generating Station,)
Unit 1) )
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the Office of the Secretary of the Co~1issio0. in :..:;*:i:*; oroce~~;~:~ .. ~J accordance- with the . requireGJent~ - - - of'"Soct;
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
PUBLIC SERVICE ELECTRIC AND GAS ) Docket No.(s) 50-272 COMPANY )
)
(Salem Nuclear Generating Station, )
Unit 1) )
)
SERVICE LIST Gary L. Milhollin, Esq. William C. Horner, Esq.
1815 Jefferson Street 67 Market Street
- Madison, Wisconsin 53711 Salem, New Jersey 08079
. ~ '.
Hr. Glenn o.* Bright R. William.Potter, Esq.
Atomic Stafety and Licensing Board
- Assistant Deputy Public Advocate U.S. Nuclear Regulatory Commission Department of the Public Advocate_
- Washington, D. C. 20555 P.O. Box 141 Trenton, New Jersey 08601 Dr. James* G. J,.amb, III.
313 Woodhaven Road Mr. Alfred C. Coleman, Jr.
Chapel Hill, North Carolina, *n514 Ms. Eleanor G. Coleman 35 "Krr. Drive Counsel for NRC Staff - Pennsville, New- Jersey. 9_8070-.
U. S. Nucle_ar Regulatory Commission Washington, D.C. 20555 Ms. Ruth Fisher "The Sun People" Troy B.- Conner, Jr., Esq. Alternate Energy Advocates Conner, Moore and Corber South Dennis, New Jersey 08245
- 1747 Pennsylvania Avenue, N.W.
Washington, D.C. 20006 Salem Free Public Library 112 West Broadway Honorable Mark L. First Salem, New Jersey 08079 Deputy Attorney General Department of Law & Public Safety P.O. Box 141 Trenton, New Jersey 08070