ML19029A672

Amended Petition to Intervene

ML19029A672
Person / Time
Site:	Salem
Issue date:	05/11/1978
From:	Potter R The Public Advocate
To:	Atomic Safety and Licensing Board Panel
References
Download: ML19029A672 (12)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of PUBLIC SERVICE ELEC1RIC & -Docket No. 50-272 GAS COMPANY Proposed Issuance of Amendment to (Salem* Nuclear Generating Facility Operating Station, Unit No. 1) License No. DPR-70 .

.AMENDED PETITION TO INfERVENE-INTRODUCTION Alfred and Elee.nor Coleman, ("the Colemans") who reside within ten miles of the Salem Station (See attached affidavit), filed two mailgrams on March 9, 1978 in order to assert their right to intervene in this proceeding.

TWo days later, they filed a full petition to intervene, captioned Petition

[to] the U.S. NRC for leave to intervene [and] to hold a public hearing in the County of Salem, New Jersey, City of Salem, which set forth twenty (20) numbered contentions., which were prepared by the Coleman's without "legal counsel ~pro se).

The Colemans also attached an affidavit, which they hoped would satisfy the requirements of 10 C.F.R. 2.714(a), together with a narrative of their actions leading up to this proceeding, including a_des.crip.tion_af their efforts to acquire legal assistance.

On April 27, 1978, the Department of the Public .i\dvocate of the State

of New Jersey, through the Division of Public Interest Advocacy, responded to their requests by filing a Notice of Appearance, which was served upon the members of this Atomic Safety and Licensing Board ("Board"), and all prospective parties. The Notice was filed on behalf of the Colemans in order to assist in representing the public interest before the Board. 1 The same day, April 27, 1978, the Board handed.down its Memorandum and Order ("Order") which in relevant part granted the petition of the Township of Lower Alloways Creek ("Township, or "LAC")

to intervene, accepted the petition of the State of New Jersey as an "interested State" under 10 C.F.R. 2.71S(c), and denied provisionally the petitions of the Colemans and Ruth Fisher, trustee for 'The Sun People: Alternative Energy Advocates." The Board authorized them to cure the defects described in the Board's Order within ten days.

Accordingly, the Public Advocate submits this Amended Petition to Intervene.

Contentions

1. The licensee, Public Service Electric and Gas Co. ("PSE&G" or "licensee") has given inadequate consideration to protection against missiles from

• external sources. These include missil'es generated and propelled by extreme

1. The Public Advocate is an independent, cabinet level department of the executive branch of State -government of New Jersey. Stanley C.- Van Ness;* the duly appointed Public Advocate, has been delegated exclusive discretion to "represent the public interest" through the Division of Public Intere!?t Advocacy, N.J.S.A. 52:27E-29. (The Public Advocate was characterized in Polic Issues Raised b Intervenor Requests for Ffnancial As-sistance Tn-NRC *Proceedings "Boasberg Report"),.

NlmEG- 75/071 (July 18, 1975r*at 148, as "the* most extensive state public-cour1se1~-s--

office in the nation.") One of the most frequent methods for exercising his . ___ _

discretion is by representing persons who appear pro se in federal or state proceedings and seek to raise issues of broad public concern. See, Delaney v. Penza, 151 N.J. Super 455, 376 A.2d 1334 (App. Div., 1977).

meteorological conditions, such as tornadoes and hurricanes, as well as turbine missiles from the Salem Station, and neighboring nuclear facili~ies. Since the licensee proposes to greatly increase the number of spent fuel assemblies, these present an enlarged target or impact area, thereby requiring additional consid-eration.

2. The licensee has given inadequate consideration to the occurrence of accidental criticality due to the increased density-or compaction of the spent fuel assemblies. Additional consideration of criticality is required due to the following:

A. deterioration of the neutron absorbtion material provided by the Baral plates located between the spent fuel bundles; B. deterioration of the rack structure leading to failure of the rack and consequent dislodging of spent fuel bundles; C. unexpected seismological events leading to the dislodging of spent fuel bundles or loss of coolant; and D. combinations of the above.

3. The licensee has-given inadequate consideration to protection against the threat of terrorism, and industrial sabotage to the spent fuel housing; -coolant *system, -a:nd*_r~c~_s_:

• Increasi~f ~-!~rage--af individual ~eac~9:r_-_____ _

sites, increasingly invites willful hostile action by desperate, unstable or politically motivated individuals and groups.

4. The licensee has given inadequate consideration to protection of

the storage facility (structure) against extreme meteorological events, such as tornadoes, and hurricanes, which could lead to collapse or destruction of the spent fuel housing, with attendant disruption of the coolant system, monitoring devices, and safety systems.

5. The licensee has given inadequate consideration to protection against gradual coolant leakage caused by metal or structural defects and deterioration. In particular, the licensee has not given adequate consideration to plans for copiilg with leakage while the spent fuel is stored. Such planning would take into account the need for effective monitoring, quality controls, access to shipping casks, for temporary holding during repairs, draining of coolant, storage at other reactors, and the like.

6. The licensee has given inadequate consideration to qualification and testing of Baral material in the environment of protracted association with spent nuclear fuel, in order to validate its continued properties for reactivity control and integrity.

7. The licensee has given inadequate consideration to storage, isolation or decontamination of* spent fuel in the event of the need to continue its storage at the reactor site, beyond the duration of the operating license of the facility. In particular, the licensee has inadequately considered the longtenn and cumulative effects of spent fuel storage and the prospect for Ul t-..u~~11a."t-P.-

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disposition are unavailable upon termination of the license. Failure to adequately evaluate (a) the likelihood of the contingency, and (b) methods to alleviate the safety and environmental consequences, may result in an irreversible commitment

of resources at the Salem sitE) absent suitable assessment or planning.

8. The licensee has given inadequate consideration to the provision of periodic metallurgical. testing of sample spent fuel rods in order to validate the results of visual scanning of the* inventory. In particular, such testing would be necessary to validate the continued integrity of the zircalloy fuel rods for the duration of storage and until ultimate disposition.

9. The licensee has given inadequate consideration to alternatives to the proposed action. In particular, the licensee has not adequately evaluated alternatives associated with the Nuclear Regulatory Cormnission adopting the "no action" alternative for licensee's* application, which would implicate the following:

A.* expansion of spent fuel storage capacity at reprocessing plants; B. licensing of independent spent fuel storage installations; C. storage* of spent fuel from Salem No. 1 at the storage pools of other reactors; D. ordering the generation of spent fuel to be stopped or restricted (leading to the slow-down or termination of nuclear power production until ultimate disposition can be effectuated); and E. some combination of the above.

10. 1he licensee has not yet evaluated the effects of a postulated dropped fuel assembly accident. Failure to perform satisfactorily such an analysis will prevent this Board from making the necessary findings. (Whether this is admitted into controvery as a party's contention or made a matter of Board concern makes little difference. The Public Advocate, regardless of the fonn or caption for this question, urges- the Board. to require the production of evidence on this question in light of the need for an adequate record for decision, and the licensee's statements at pp. 36-37 of its application.)

11 .. 1he licensee has given inadequate consideration to the economic consequences of increased spent fuel storage to surrounding corrnnunities and their residents. While Lower Alloways Creek, the host township, may reap substan-tial economic benefits in the form' of truces, nearby communities, such as Pennsville in which the Coleman's reside, receive none of the economic benefits to offset* in part the adverse consequences of proximity to nuclear installations with greatly expanded inventories of spent fuel. In particular, the licensee has not considered the economic impacts due to public apprehension which can be expected to lead to reduced business opportunities, property values, and well-being.

(These can arise without regard to whether the~fears of nuclear mishaps are well-founded or misguided.)

12. The licensee has given inadequate consideration to the long-term health and environmental effects of exposure to low levels of radioactiv~ gases associated with. increaseaspent fuel storage. In particular, the licensee has performed an insufficient analysis of the effects of exposure to increased levels of Kr-85, 1-131, Tritium, and other gases not yet evaluated by the licensee.

1.

B. The licensee has failed to give adequate consideration to the cumulative impacts of expanding spent fuel storage at Salem Nuclear Generating Station Unit 1 in association with the recently filed proposed amendment to the application for an operating license at the sister unit, Salem Unit 2.* (See Amendment No. 42, Docket No. 50-311, filed April 12, 1978 which proposes modifications of spent fuel storage which the intervenor believes are similar in scope to the Salem Unit 1 application.) For example, the licensee assumes an increase in releases of Kr-85-by a factor of 4.5 due to the factor of 4.5 increase in spent fuel (licensee's application, at 10). A similar increase, absent exceptional controls, can be expected at Salem No. 2, resulting in a cumulative increase in Kr-85 emiss+/-ons by a factor of 9 -- almost a full order of magnitude increase. (If similar spent fuel increases are postulated for the companion llllits, Hope Creek 1 and 2, now l.lllder construction, the cumulative increase could rise by a factor of 18, or almost two full orders of magnitude.)

WHEREFORE the Public Advocate respectrully requests the Board to admit the Colemans as intervenors and direct that evidence be taken on the above contentions.

Respectfully submitted, STANLEY. C. VAN NESS, PlIBLIC ADVOCATE By: f tv~-..-

___ R. \'VILLIAL'v1 POTTER DEPUTY DIRECTOR Date: S"* 11- ?a UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of PUBLIC SERVICE ELECTRIC & Docket No. 50-272 GAS COMP.ANY Proposed Issuance of Amendment to (Salem Nuclear Generating Facility Operating Station, Unit No. 1) License No. DPR-70.

.AFFIDAVIT IN SUPPORT OF AMENDED PETITION TO INTERVE.t\ffi

• e

1. I am fully familiar with all the statements contained in the attached Amended Petition to Intervene, prepared by the Public Advocate of the State of New Jersey, as counsel, on behalf of myself and my wife, Eleanor.

To the best of my knowledge, information and belief, the statements contained therein are true and accurate, submitted in good faith and not interposed for purpose of delay. Accordingly, I hereby adopt these statements as my own.

2. My wife and I, together with our three children (ages 10, 13, and 17), live at 35 'K' Drive, Pennsville, New Jersey 08070, in a one story ranch style house, which we own. our home is located about ten miles north of

• -- the Salem Station, - near the Delaware River. We have lived here for- about-five - -- - -

years, and have no present intention of moving.

3. I am employed*by--the DuPont C-orp-.---ef Wilmington, Delaware,--as-a------

Distributor and Customer Service Supervisor with responsibilities for the sale--------- -

and distribution of DuPont paint products for international sales. I am a

graduate of Rutgers University, where I majored in economics. Also, I am a licensed real estate broker in the State of New Jersey. I engage in real estate on a part-time basis, mostly in the Salem Cotmty area.

4. Our interests, together with the interests of others similarly situated, potentially are affected by the licensee's application due to the prospect, as yet undeteTinined, of increased daily exposure to radiation releases from the facility, together with the risk of-exposure to significantly higher levels in the event of design, construction, or operational errors in the proposed expansion. These interests also extend to our children, prospec-tive grandchildren, together ~ith friends and relatives who might be expected to visit with us.

• 5., Additionally, our interests, together with the interests of others similarly situated, potentially are affected by public recognition of hazards, real or suspected, regarding nuclear fuel storage at the Salem installation, which reasonably could be expected to affect property values and business activity within the vicinity. In this regard, nearby residents, such as our-selves, receive none of the enormous tax benefits, which accrue to residents of Lower Alloways Creek, ("Li\C") the host tO"wnship for Artificial Island and its enclave of nuclear facilities.

6. Fi1!ally, _9Ur int~r~_:;!s, together_ with that_of_o_thers_simila_t!:Y _________ _

situated, cannot feasibly be protected in any reasonable manner, other than by

_____________ our_~~ !-c!i!~--~n~~:r::e~ti_?~-~~--p_a~~~c~p~t_io~ -:____-_ tErou[h_~h~ _Dep~!~~?t__ o_f _t~e ___

Public Advocate - - in these -proceedings. -111e-other parties to this -proceeding____

do not have our exclusive interests, and cannot be expected to adequately represent them. For example, the State of New Jersey int~rvenes as a matter of

... - -2_-:- - -

right, pursuant to 10 C.F.R. 2.71S(c), which authorizes an interested State "reasonable opportunity to participate and to introduce evidence . . . [without taking] a position with respect to the issues." (emphasis added). Since we intend to raise contentions and "take a position with respect to the issues,"

the State's participation does not adequately substitute for our own. Similarly, the intervention by the host community, LAC, does not significantly care for our interests. LAC, as alleged in its petition to intervene and as found by the Board in its Memorand1.ml and Order of April 27, 1978, at 3, "is charged with the preservation of the health, safety and welfare of its inhabitants." (emphasis added). As non-residents of LAC, we cannot be confident that LAC's represen-tation will fully and adequately protect our own.

7. In conclusion, due to our close proximity to the facility, the potential hazards of nonnal or accidental releases of radiation to ourselves, our childr.en, and friends, and the concurrent risk of adverse economic impacts, our health, safety, and welfare are affected by the licensee's application which is the subject of this proceeding.

Dated: 1978 ALFRED G. COLEMAN Sworn and Subscribed to before me this day of 1978

~-- ----

UNITED STATES OF AMERICA NUCLEAR REGULATORY CO~ISSION Before the Atomic Safety and Licensing Board In the Matter of PUBLIC SERVICE ELEC1RIC & Docket No. 50-272 GAS COlvlPANY Proposed Issuance of Amendment to Facility (Salem Nuclear Generating Operating License No. DPR-70.

Station, Unit No. 1)

CERTIFICATE OF SERVICE I hereby certify that copies of Affidavit in Support of .Amended Petition to Intervene and Amended Petition to Intervene were either mailed or hand-delivered to persons listed on attached service list as described therein.

R. WILLIAM POTTER Deputy Director Date: s__-_11. ltf

I -

.:/

I SERVICE LIST

/ ** G3rj L. Mi.1.kollin, Esquire Chainnan, Atcmic Safety and

• • Barry Smith, Esquire Office of the Executive Licensing Ecard Legal. Director I 1815 Jefferson Street U.S. Nuclear Regulatory Ccmni.ssion Madison, Wisconsin 53711 Washington, D.C. 20555

• • Mr. Glenn o. Bright Mark L. First, Esquire Member, Atcrnic Safety and Deputy Attarr.ey Gereral Licensing J3oard Panel Departrent of law and U.S. Nuclear Regulatory Comnission Public Safety Washington, D.C. 20555 36 W. State Street Trenton, New Jersey 08625

• • • Dr. Jarres C.. J..ld.J.lli..11 ~--~ III M:rnber, Atomic Safety and Ric.i,ard Fryling, Jr., Esquire Licensing Board Panel Assistant General Solicitor 313 Wocdhaven Road Public Service Electric Chapel Hill, N.C. 27514 and G3.s Company 80 Park Place

• Newark, New Jersey 07101 Chai:rrr.a.r1, Atomic Safe-bf and Licensing Appeal Board U.S. Huclear Regulatory Ccmni.ssion Elea.110r G. Cole~.an Washington, D.C. 20555

• Alfred C. Colerri.an 35 "K" Drive Pennsville, New Jersey 08070 Chairman, Ata:nic Safety and Licensing Board ,

U.S. Nuclear Regulatory Ccmnission Office of the Secretary Washington, D.C. 20555 D:cketing and Service Section U.S. Nuclear Regulatory Ccrrrnission

• Troy B. Conner, Jr. , Esquire .,

• Washington, D.C. 20555 Suite 1050 17 Pennsvlvania lwe., N.W.

WashingtOn, D.C. 20006 William C. Homer, ...Esauire 67 Market Street Salem, -New Jersey, 08079-- 0 --* ;_* ~=- ~,

Ruth Fisher _ .

'Ihe sun People - Alternate Energy Advccates south Cennis, ~w Jersey 08245

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• A copy was hand-delivered on-.May 12, 19-78 *.=-:._--

• • Copies were hand-delivered to the NRC headquarters on May 12, 1978. All hand-delivered copies contained the signed affidavit of Mr. Coleman. - ~---

All others who received mailed copies do not contain personally signed affidavits since these were mailed on ~1ay 11, 1978 and Mr. Coleman did not personally sign the affidavit until tv!ay 12, 1978.

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