ML19225D144

Request That NRC Issue Order to Show Cause & Request to Stay Licensing.Requests Intervenor Status.Submits List of Contentions & Partial List of Resouce Documents.Certificate of Svc Encl

ML19225D144
Person / Time
Site:	Salem
Issue date:	08/02/1979
From:	Coleman A, Coleman E AFFILIATION NOT ASSIGNED
To:
References
NUDOCS 7908070406
Download: ML19225D144 (11)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tatISSION In the Matter of PUBLIC SERVICE ELECTRIC &  : Docket No.30-311 GAS CCMPANY Proposed Issuance

of Operating (Salem Nuclear Generating Licensa CPPR-53 Station, Unit No. 2) a PETITION SEEING ISSUANCE OF AN ORDER TO SHOW CAUSE REQUEST TO STAY LICalSING Alfred C. Coleman, Jr. and Eleanor G. Coleman (husband and wife) hereby petition the Nuclear Regulatory Commission seeking Issuance cf an Order to Show Cause and Request a Stay of Licensing of Salem Nuclear Generating Station Unit No. 2, without counsel (pro-se).

The adhority for this request is granted by the Atomia Energy Act of 1954, as amended ' Act) and the regulations in Title 10 Code of Federal Regulations, Part 2.202 Order to Show Cause and Part 2.206 Request for Action.

Primary cause for this belated request is the fact that substantive information, in our opinion conclusive evidence, has just come to our attention in the Local Public Document Room.

All documents retained in the NRC Public Document Room in Washington, D. C. are not necessarily forwarded to the Salem N \

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City Library (LPDR) and are not readily available to the general public. Those docwments forwarded to our LPDR are not necessarily timely because of backlog in the NRC file room. Therefore, we are not privileged to hearing transcripts, affidavits, annual reports, rate hearings, 1nd similar documents becausc many are costly and the majority of the public are not even aware some of these documents are available, eventually, at the library. If Salem was not a designated Public Document Room, we would never have seen the transcript on the Hearing held on June 14, 1979 in Washington before the Nuclear Regulatory Commission regarding licensing Salem Unit No. 2. This document was received in the library within the last two or three weeks.

Research of additions. documents avail-able in the LPDR has taken considerable time. A partial listing of reference documents are attached.

Additionally, we have been involved as intervenors in Docket No. 50-272 Proposed Issuance of Amendment to Facility Operating License No. DPR-70, proposed expansion of spent fuel pool at Salem Unit No. 1 ad intervenors in Docket No. 786-253 Atlantic Electric Company Phase II Rate Increase Request.

Our particular concern of relevance in this proceeding is NEED, ECONOMICS (cost / benefit analysis), and potential health, safety and environmental problems associated with storage and possible release of radioactive waste prodacts contained in spent fuel rods stored at a multi-nuclear complex.

It is our belief that there is no other means of bringing these matters to the Commission's attention for investigation.

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The licensee has made its case and alleged justificatbn for licensing Salm Unit No. 2 and, therefore, the record and filed documents should stand on their own merits for the Licensee and for the sake of this petition precludes the taking of additional testimony and affidavits from the licensee.

CONTENTIONS

1. The Nuclear Regulatory Commission has failed to act on information already known to it regarding projected needs for the PJM Grid. The actual assumptions used, calculations performed and results obtained to justify licensing Salem Unit No. 2 are ambiguous and inadequate.

2. The Nuclear Regulatory Ccmmission has failed to act on information already known to it regarding projected plant capacity, maintenance, and operating costs for similar facilities (cost / benefit analysis).

3 The Nuclear Regulatory Commission has failed to act on information al: "!y known to it regarding unresolved safety issues.

"Public safety iu the first, last and a permanent consideration in any decision on the issuance of a construction permit or a license to operate a nuclear facility." Power Reactor Develorment Corr.

v. International Union of Electrical Radio and Machine Workers, 367 U.S. 396, 402, 81 S. Ct 1529, 1532 (1961).

4. The NRC has failed to consider the outstanding ajudicatory hearing on Salem Unit 3o.1 with regard to expansion of the spent fuel pool, as it pertains to expansion at Salem Unit No. 2 located at a multi-nuclear complex.

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5 The Nuclear Regulatory Commission has failed to require an " independent" ard separate " fire protection" water backup system for Salem Unit No. 2.

6. The recommendations from the NRC Task Force contains 23 recommendations for administrative and design changes to Salem Unit No. 2, proposed requirements arising from " lessons-learned" study of accident at TMI. These rhould be completed prior to licensin6 and commercial start-up as well as additional corrective action on potential defects.

7. The NRC has failed to consider the " menu for disaster" track record of Salem Unit No. 1 as it relates to known shutdowns and power reductions (forced) for the following reasons:

A. Equipment Failure

3. Maintenance or Test C. Refueling D. Regulatory Restriction E. Operator Trainin and License Examination F. Admini strative G. Operational Error

.. Other as it affects the performance of C-lem Unit No. 2. Additionally the NRC has failed to recommend changes to Salem Unit No. 2 as a result of " Lessons Learned" at Salem Unit No.1 mentioned 6 oper- status and " Reportable Occurrences" as filed in License dvent Reports (LER's) since fuel loading 1976 to date.

This corrective action as a result of " Lessons Learned" from Salem Unit No. 1 should be completed prior to licensing and commercial startup of Salem Unit No. 2.

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RELIEF REQUESTED The Licensee should be notified as follows:

1. They should be required to suspend testing operations.

2. They should be required to postpone operations for 3-5 years, at which time a license application will be reviewed by the Commission.

This request for adjudicatory hearing is to be limited to known facts in the NRC's possession and related to the issues rai sed. Our intent is to prove to the Commission there is cause for reasonable doubt as to the immediate need for generating capacity from Salem Unit Nr . 2 and reasonable cause for delay to backfit, retrofit or upgrade to current technology and mechanical soundness, without any detrimental effects to the ratepayers or the PJM Grid electric generation needs.

We respectfully request the Commission admit us as intervenors, direct that evidence be taken on the above contentions and hold a public hearing in the County of Salem, New Jersey, City of Salem.

Dated , 1979 v

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AgfredC.C,oleman,vJr.

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Sworn and Subscribed to before me this g I day of b 1979 cm s u g..~._.

NOTARY PU3GC JF NCg'gy -

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PARTIAL LISTING OF RESOURCE DOCUMENTS

1. " Discussion of Power Needs of Pennsylvania-New Jersey-Maryland NRC Public Hearing, Jule 14, 1979, pages 1-23 (2:45 p.m.)

and pages 1-38 (3: 15 p.m.).

2. Trantcript 226th General Meeting Advisory Committee on Reactor Safegu.cds, c Februcry 8, 1979, paces 1-128.

3 MontPly Operating Reports Starting with August, 1976 to date, submitted mc.C ly by Licennae.

4. Mt . ' _y JPT.J-0020 Operating Units Status Repo. .

5 liconses'n correspondents, February 13, 1979, R.L. Mittl .c '.1r. Olan D. Parr; May 4, 1979 R.L. Mitti to Mr. Olan D. Farr

6. Annual Reports for current and past years for PSE&G, PE, DP&L and AEC.

7 Stock Prospectus for PSE&G,PE,DP&L and AEC.

8. Rate Cases for PSE&G, PE, DP&L and AEC.

9. Final Environmental Impact Statements A. Salem Units No. 1 and No. 2

3. Hope Creek Units No.1 and No. 2 C. Draft Oyster Creek D. Forked River

10. Olan D. Parr's letter, April 19, 1978 and October, 1978.

PSE&G answer, Subject Request for Additional Financial Information Concerning Salem Unit No. 2.

11. Olan D. Parr's letter, April 23, 1979 to PSE&G. Subject Steam Generator Channelhead Cracking.

12. Fire Protection: Reportable Occurrence 79-27/0IT Occurrence date date 3-25-79, Report 4-9-79 Correspondence PSE&G dated 4-9-79 to Mr. Boyce H. Grier, also 4-19-79 and 6-1-79.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of a PUBLIC SERVICE ELECTRIC &  : Docket No. 50-311 GAS COMPANY  : Proposed Issuance

of Operating License (Salem Nuclear Generating  :

Station, Unit No. 2)

AFFIDAVIT IN SUPPORT OF PETITION SEEKING ISSUANCE OF AN ORDER TO SHOW CAUSE AND STAY LICENSING

1. I am fully familiar with all the statements contained in the attached P q ition Seeking Issuance of an Order to Show

_Cause and Stav Licensing of Salem Unit No. 2. To the best of my knowledge, information and belief, the statements contained therein are true and accurate, submitted in good faith and not submitted for the purpose of delaying adjudication of this within proceeding.

2. My wife and I, together with our three children (ages ll, 14 and 18), 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 Salm Station, near the Delaware River. We have lived here for about six years, and have no present intention of moving.

3 I am employed by the Du Pont Corporation of Wilmington, Delaware, as a Distributor and Customer Service Supervisor with responsibilities for the sale and distribution of Du Pont paint products for international sales. I am a graduate of Rutgers University, where I majored in economics. Also, I am a 427 223

licensed real estate salesman / broker and licensed insurance solicitor / broker in the State of New Jersey. I engage in real estate and insurance on a part-time basis, mostly in the Salem County area.

4. Our interests, together with the interests of others similarly situated, potentially are affected by Public Service Electric and Gas Company (the Licensee) application and the lack or failure of the Nuclear Regulatory Commission (NRC) to analyze information already known, will adversely affect our electric bills and create a needless economic hardship prematurely.

5 Our interests, together with the interests of others similarly situated, potentially are affected by the licensee's Amendment No. 42 due to the prospect, as yet undetermined, of increased daily exposure to radiation releases from a multi-nuclear facility, together with the risk of exposure to signi-ficantly higher levels in the event of design, construction, or operational errors in the proposed expansion. These interests also extend to our children, prospective grandchildren, together with friends and relatives who might be expected to visit with us.

6. Additionally, our interests, together with the interests of others similarly situated, potentially are affected by public recognition of hazards, real or suspected, regarding a multi-nuclear center and nuclear fuel storage at the Salem installation which reasonably could be expected to affect property values and business activity wthin the vicinity..

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7 Finally, our interests, together with that of others similarly situated, cannot feasibly be protected in any reasonable manner, other than by our own active intervention and participation.

8. In conclusion, due to our close proximity to the facility, the potential hazards of nonnal or accidental releases of radiation to ourselves, our children, relatives, and friends, and the con-current risk of adverse economic impacts, our health, safety, and welfare are affected by the licensee's application which is the subject of ths proceeding.

Dated: 4 1979 r

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1 Alfred C. Coleman, Jrv

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• *~ Eleanor Coleman sworn and Subscribed to before me this day of ,1979 V

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UNITED STATES OF AMERICA r

NUCLEAR REGULATORY COMMISSION -

In the Matter of a PUBLIC SERVICE ELECTRIC &  : Docket No. 50-311 GAS COMPANY Proposed Issuance

of Operating License (Salem Nuclear Generating Station, Unit No. 2)  :

CEPTIFICATE OF SERVI g I hereby certify that copies of Affidavit in Support of Petition Seeking Issuance of an Order to Show Cause ad Stay Licensing were eiher mailed or hand-delivered to persons listed on attached service list as described therein.

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Alfred C. Coleman iht'd,1,

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Eleanor G. oleman Date 8-3 '/9 427 g40y

SERVICE LIST Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Director of Nuclear Material Safety ar.J Safeguards U.S. Nuclear Regulatory Commissi ca Washington, D. C. 20555 Director of Office of Inspection and Enforcement U.S. Nuclear Regulatory Ccomission Washington, D. C. 20555 Director of Office of Administration U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Dr. Joseph M. Hendrie, Chairman U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Victor Gilinsky, Commi sioner U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Richard T. Kennedy, Commissioner U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Peter A. Tradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D. C. 20555 John F. Ahearne, Commissioner U.S. Nuclear Regulatory Commission Washington, D. C. 20555 427 227