ML19251A401
| ML19251A401 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 09/17/1981 |
| From: | Mark Miller Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8109220074 | |
| Download: ML19251A401 (5) | |
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UNITED STATES OF AMERICA 3918
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NUCLEAR REGULATORY COMMISSION 9
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Marshall E. Miller, Chairman Dr. Kenneth A. McCollom Dr. Rici ard F. Cole SEM'ED SEP 18 93; In the Matter of Docket Nos. 50-445 50-445
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TEXAS UTILITIES GENERATING COMPANY, ET AL.
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(Application for Operating (Comanche Peak Steam Electric Station,
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License) m, Units 1 and 2)
September 17., $ 31 @,,
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f,'t, ~.$.~. f', Q NOTICE OF EVIDENTIARY HEARING AND T
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PREHEARING CONFERENCE 1-
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PLEASE TAKE NOTICE that an evidentiary hearjng will be he.ld in this
.I' c;erating license proceeding before an Atomic Safety and Licens~ing 5 card (Board), pursuant to the Atomic Energy Act of 1954 as amended (the Act),
and the regulations in Title 10, Code of Federal Regulations (CFR), Part 50,
" Lice'ns'ing of Production and Utilization FaEilities," Part 5F, " Licensing and Regulatory Policy and Potedures for Environmenta'l Protection," and Part 2, " Rules of Practice."
An evidentiary hearing will ccamence on December 2,1981, at 9:00 a.m.,
local time at the Interstate Commerce Commission, Neil P. Anderson Building,
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Room 400A, located at 411 'rlest 7th Street, Fort Worth, Texas 75102, and will continue until completion of taking evidence on the issues D5ol and contentions described hereafter..
This evidentiary hearing will 5
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. address the matters in controversy resulting from Contentions 9, 22, 24 and 25, and Board Question No. 2, infra.
A final prehearing conference, pursuant to 10 CFR 52.752, will be held at the same location at 9:00 a.m., local time, December 1,1981.
On February 5,,1979, the Nuclear Regulatory Commissi~cn (NRC) issued a notice in the Federal Register of the " Availability of Anplicants' Environmental Report, Consideration of Issuance of Facility Operating Licenses, and Opportunity for Hearing" for Comanche Peak ('44 Fed. Reg. 6995).
The notice stated that a petition for leave to intervene must be filed by March 5,1979.
Timely petitions were received from the State of Texas for participation as an interested ' state under 10 CFR 52.715(c), and from Citizens Association for Sound Energy (CASE),. Citizens for Fair Utility Regulation (CFUR) and the Texas Association of Ccaapunity Organizations for Reform Now/ Hest Texas Legal Services (ACORN).
By its Order Relative to Standing of Petitioners,,to Intervene, entered----- --
June 27, 1979, the Board acmitted these petitioners as Infe Menors in this proceeding.
Subsequently, ACORN's motion for its voluntary dismissal as a party was granted by Memorandum and Order entered July' 24, 1981.
By our Scheduling Order entered July 23, 1981, the evidentiary hearing to commence on December 2,1981, was to cover the issues involved in admitted Contentions 9, 22, 24 and 25, and Soard Question No. 2.
These
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contentions and issues are as follows:
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, Contention 9.
, Applicants have failed to make any effort to determine the effect of radioactive releases on the general public other than at the exclusion boundary.
Various transport mechanisms may cause, in certain cases, the bulk of the health effects to occur some distance from the exclusion boundary.
Contention 22
' Applicants have failed to comply with 10 CFR Part 50, Appendix E, regarding emergency planning, for the following reasons:
The FSAR does not identify state 7r regional authorities a.
responsible for emergency planning or who have special qualifications for dealing with emergencies.
b.
No agreements have been reached with local and state officials and agencies for the earij warning and evacuation of the public, including ti.o identification of the principal officials by titles ano agenices.
There is no description of the arrangements for c.
services of physicians and other medical personnel qualified to handle radiation emergencies End arrange- '
ments for the transportation of injured or contaminated individuals beyond the site boundary.
d.
There are a adequate plans for testing by periodic _ _
drills of emergency plans and provisions for participa-tion in the drills by persons whose assistance may be needed, other than employees of the Applicant.
There is no provision fgr medical facilities in the e.
immediate vicinity of the site, which includes Glen Rose.
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There is no provision for emergency planning for Glen Rose or the Dallas /Ft. k' orth metroplex.
Contention 24
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A favorable cost / benefit balance cannot be made because the Applicant has failed to adequately consider:
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The costs of safely decommissioning the facility after a.
its useful life.
b.
The costs in terms of health, as well as the economic costs of a possible accident in the on-site storage of spent fuel.
The fuel costs and supply.
c.
d.
The costs of waste storage.
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Contention 25.
The requirements of the Atomic Energy Act, as amended,10 CFR 50.57(a)(4) and 10 CFR 50 Appendix C have not been me't in that the Applicant is not financially qualified to cperate the proposed facility.
Board Ouestion No. 2 Applicant and Staff should describe in detail the operating cuality assurance program for CPSES. A description of the provisions for conduct of QA audits should be provided, including a description of how reactor operations and reactor operator training will be audited.
y' This evidentiary hearing will be conducted by a Board which has been duly designated by the. Chairman of the Atcmic Sciety and Licensing Board --. -
Fanel, consisting of Dr. Richard F. Cole, Dr. Kenneth A. McCUllom, Members and Marshall E. Miller, Esq., Chairman.
Any person Who wishes to make an oral or written statement in this proceeding but who has not filed a petition for leave to intervene, may request in writing permission to make a limited appearance pursuant to the provisions of 10 CFR 52.715 of the Commission's Rules.cf Practice.
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Limited appearances will be permitted in this proceeding at the discretion of the Board, at times, within such limits and on such conditions as may 6
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be determined by the Board.
Persons desiring to make a limited appearance are requested to inf orm in writing the Secretary of the Commissien, United States Nuclear Regulatory Commission, Washington, D. C.
20555, not later
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than thirty (30) days from the date of publication of this notice in the Federal Recister.. A person permitted to make a limited appearance does not become a party, but may state his or her position and raise questions which he or she would like to have answered to the extent that the questions are within the scope of the hearinq as specified above.
A~ member of the public dces not have the right to participate unless granted the right to inter-vene as a party or the right of limited appearance.
Written limited appearance statements may be submitted to the Eoard at any time prior to closing the record in this phase of the proceeding.
Oral statements will only be received at times desienated by the Scard in crder not to interfere with the taking of evidence in this adjudicatory proceeding.
0ral 11}mited appearance statements may be made on December 1, 1981, immediately following the scheduled final prehearing scmqference, and at such other times as the Board shall specify.
Both oral and written statements will be made a part o'f the official record of.this proceeding.
It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING SCARD -
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FSAs Marshall E. Miller, Chairman ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 17th day of Septedber,1981.
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