ML19209C383
| ML19209C383 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 09/12/1979 |
| From: | Roisman A National Resources Defense Council |
| To: | |
| References | |
| NUDOCS 7910150223 | |
| Download: ML19209C383 (5) | |
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UNI'IED STMES OF AMERICA IRX1 EAR REGUIAICRY (DMISSION kT h M}
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In the Matter of 44 IJa IXIKE POWER CCEPANY Docket 70-2623 (herient of Mamrin1= r.ime:a SNM-1773 for OccrJee Niclaar Station Spent Ebel Transportation and Storage at McGuire M elaar Station)
NA1 URAL RESOUFCES DEFE2EE (XXL'CIL EURIHER RESPCNSE TO STAFF hDTIONS EOR PRuuunVE CRCER our previous response had been prepared hastily in response to the staff filing with the Appeal Board. We filed it with the C
'issioners.when we learned of the A;: peal Board M=% and the staff filing with the Cemiesioners. This brief supplenent is prepared during a break in the ASIB hearings for NRDC counsel and does not (and could not in the time available) represent an effort to definitively respond to the staff filing and the cryptically cited references in it.
'Ihe purpose. of this filing is to highlight certain basic facts and to e=pbasi7a the inherently factual nature of the staff's report. In such a case, we believe the &=issioners nust rely on the factual record developed in the case including reascnably raliable statements of counsel. The Ccmnissien should not receive nea evidence directly or, at this late date, entertain any request to re::end the ca_ce for further facts. The staff had anple opportunity to present any evidence it wished to rely upon during the ASLB reviea of this questien.
It should not ncw be free to further delay the hearings by adding additional facts.
In the record of this case are t:c letters which confirm that the portion of the route which had been originally rade public and which will continue to be used for spent fuel shi rents is substantial. One letter dated August 30, 1979 I
frcm Willian D. Parker, Jr. (Duke Power) to Willim J. Dircks, (Director, NESS) states:
"In a letter dated August 3, 1979, Mr. G. W. McCorkle of your staff stated that cur primary rcute, which utilizes Interstate Highway 85 and Interstate Highway 77 and passes through a portion of Charlotte, North Carolina, was disapproved hecause it did not neet the requirurents of 10 CFR 73.37(a) (3) in that Charlotte is considered to be a haavily populated area."
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- We raintain that the approximately eight miles of the route which are within the city limits of Charlotte cannot be classified as going through a heavily populated area."
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Before the C=%sicners.......
Septeder 12, 1979 Page 2 In reply en Seper 7,1979, Mr. Dircks inforned M:. Parker:
"Your request for a reversal of our decisien to disapprove that partion of the primary route that passes through CParlotte, N.C. is denied" Both letters dmenstrate that only a s:rall portion of the original 117 mile route is being subjected to change.
'Ihe staff position that releasing data at the routes to be taken by spent fuel shiprents is a substantial berafit to potential r-boteurs, if it is correct, creates a substantial inp%nt to aporoval of the license anendment requested here. Im-h as the bulk of the alte is known and, with any routine surveillance of the first dozen or two shiprents of tra planrad three-hur4 red (one a day for a little over a year) spent fuel shipren~.s the entire route c
could be known in ccrrplete detail, there is already a serious v%maise of the public health and safety. Unless further unique protective reasures are taken for the proposed action-we do not kncw dat those are and hw effeedve they will be-there cannot he a reascnable assurance of adeqtace protecticn for the public health and safety for these shipts or for any other shiprents of clearly Irarked spent fuel casks.
'Ihus, if keeping shipping routes secret is necessa y for protection of the public health and safety, no spent fuel can be safely shipped because where any substantial nuder of shipts are planned, the routes will be easily learned.
If keeping route inferration secret is not necessary for protection of the public health and safety, then this appeal is t m arranted. Either the application should be denied or the staff request for a protective order shculd be denied.
Pespectfully submitted,
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Anthcny Z. ?
an AZR:ddw e
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a t-4 GIITED STMES T ANCA d
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It In 'Ihe Matter Of 8
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Docket No. 70-2623 g
DUKE POWER CD!PANY ro
( h at to Materials License S?M-1773 for Oconee Spent Fuel Transportation and Storage at McGuire Nuclear Station)
CERbFICJdE T SERVICE
'Ihis is to certify that on Septe:rber 12, 1979, one copy of the NEC Further Pasponse 'Ib Staff Fotions For Protective Order was hand delivered to the individuals designated by an asterick (*) on the attached list and sent by U. S. Mail to the other indivirhmh cn the attached list.
/ Almn 5 du//wa., /f-Anth&.y 7/. Poman 1146 263
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i DUKE SERVICE LIST Marshall E. Miller Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Cadet H. Hand, Jr. Director Bodega Marine Laboratory.
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P.O. Box 247 Bodega Bay, California 94923 Dr. P eth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555
' James Michael McGarry, III, Esq.
Joseph B. Knotts, Jr., Esq..
Debevoise and Liberman 1200 17th Street, N.W.
Washington, D.C..
20036 Richard K. Hoefling,IEsq.
Office of Executive Legal Director U.S. Nuclear Regulatbre Commission
?ashington, D.C.
2055.
William Larry Porter
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Associate General Counsel Duke Power Company' 422 South Church Street Charlotte,' North Carolina 28242 Richard P. Wilson Assistant Attorney General 2600 Bull Street Columbia, South Carolina 29201 Jesse L..Riley Carolina Environmental Study Group 854 Henley Place Charlotte,. North Carolina 28207 Chuck Gaddy North Carolina Public Interest Research Group Davidson College Davidson, North Carolina 28036 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555 ATTN:
Docketing and Service Section
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- Josepn Hendrie, Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Peter Bradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Richard Kennedy, Commissioner U.S. Nuclear Regul~atory Commission Washington, D.C.
20555
- John Ahearne, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Alan S. Rosenthal, Esq.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. John Duke Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D-C.
20555 Michae] Ferrar, Esq.
Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 I146 265