ML19224D730

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Statement of Matl Facts as to Which There Is No Genuine Issue to Be Heard,Re Intervenor Davidson College Chapter of Nc Pirg
ML19224D730
Person / Time
Site: 07002623
Issue date: 05/21/1979
From: Mcgarry J
DUKE POWER CO.
To:
Shared Package
ML19224D728 List:
References
NUDOCS 7907160220
Download: ML19224D730 (2)


Text

UNITED STATEF OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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DUKE POWER COMPANY

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Docket No. 70-2623 (Amendment to Materials License

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SNM-1773 for Oconee Nuclear Station

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Spent Fuel Transportation and Storage

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at McGuire Nuclear Station)

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STATEMENT OF MATERIAL FACTS AS TO WHERE THERE IS NO GENUINE ISSUE TO BE HEARD RESPECTING INTERVENOR, DAVIDSON CHAPTER OF THE NORTH CAROLINA PUBLIC INTEREST RESEARCH GROUP 1.

PIRG takes issue with the Commission's statement contained in Table S-4 to 10 CFR 551.29(g) at note 4 regarding the risks involved in the transshipment of spent fuel.

(PIRG Response to Applicant's Interrogatories #16, #17, and #18).

2.

PIRG does not take issue with the following Staff analysis (PIRG's Response to NRC Staff Interrogatories

  1. A, B,

D, April 21, 1979):

(1) the probability of an extra severe accident for the 300 shipments proposed

-8 in this amendment request is 4.2 x 10 (EIA at 35);

(2) even in the event of such an accident, the proba-bility of cask failure is extremely low (Id.); and (3) even if there were an accident with loss of cask inte-grity, the level of exposure is as stated in Table 6-3 of the EIA, upon which the Staff concluded that such exposure to an " individual is insignificant". (Id. at 37).

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8 790716044c 3.

PIRG asserts that regardless of the " improbability" of an accident, there should be more emergency planning.

(PIhG's Response to NRC Interrogatory #B, Apr il 21, 1979).

4.

The Commission has stated that the risks associated with transportation related shipment of spent fuel are "small regardless of whether it is being applied to a single reactor or a multireactor site".

(10 CFR 551.20(g), Tabl e S-4, note 4 ).

5.

PIRG's contention is premised upon telephone calls and interviews with various public safety officials.

(PIRG Response to Applicant's Interrogatory #21 6.

PIRG has not provided any information which disclose that public safety officials have indicated that Charlotte is unprepared to handle a spant fuel trans-portation accident.

Respectfully submitted, I

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(YI W/

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Michael McGarry, I (I Of counsel:

William L.

Porter, Esq.

Associate General Counsel Duke Power Ccmpany May 21, 1979 3 57

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