ML19253C647
| ML19253C647 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 11/20/1979 |
| From: | Sheldon K BIER, MILLS, CHRISTA-MARIA, ET AL, SHELDON, HARMON & WEISS |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7912060640 | |
| Download: ML19253C647 (5) | |
Text
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
)
CONSUMERS POWER COMPANY
)
)
Docket No. 50-155 (Big Rock Point Nuclear
)
Plant)
)
)
Re-scatement of Contentions of Christa-Maria 1.
The NRC is prohibited from allowing the expansion of the spent fuel pool at the Big Rock Nuclear Power Plant until it has completed its " waste confidence" rulemaking proceedings (44 Fed. Reg. 61372, October 25, 1979).
If the Commission finds in this generic proceeding that there is no reasonable assurance that facilities for off-site storage or permanent disposal of the spent fuel will be available before the expiration of Big Rock's operating license, the procedures to be established by the Commission (44 Fed. Reg. 61373) must be followed to determine whether spent fuel can be stored safely at this site.
The basis for this contention is the decision of the Court of Appeals for the District of Columbia Circuit in E
State of Minnesota v.
U.S.
Nuclear Regulatory Commission, 602 F.2d 412 (D.C. Cir., 1979), which directs the NRC to address these issues.
In response to the Court's order the NRC has initiated a generic proceeding.
1506 107 C
SYd 7912060 4
i 2.
The increase in fuel stored in the Big Rock pool will result in an increase in the amount of radiation re-12ased to the environment at the south wall of the storage pool where there is less shielding, according to the Licen-see's Description and Safety Analysis.
This increment in the level of radiation released to the environment enhances the risks to the health and safety of the public in the vicinity of the plant.
3.
The use of type 304 austenitic stainless steel in the new spent fuel storage racks could lead to corrosion cracking in the pool environment, with a resultant risk to the integrity of the racks and the continued safe storage of the fuel.
J.R.
Weeks in his July, 1977 report on " Corrosion of Materials in Spent Fuel Stcrage Pools" has indicated that
"[s] tress corrosion of stainless steel components or aircaloy cladding cannot be entirely ruled out because of the lack of understanding of the stress states and the degree of sensiti-zation of stainless steel" (p. 10).
4.
Contention 4 is withdrawn, subject to specification after receipt of information from Licensee.
5.
Contentions 5 and 6 are withdrawn at this time because they concern the effect of storing spent fuel at the Big Rock site after the plant's operating license has expired. Chirsta-Maria reservcs the right to file these and any other contentions deemed appropriate if and when the Commission determines in its generic rulemaking proceedings that on-site storage after license expiration will be necessary.
1506 108 7.
The levels of airborne radiation released to the atmosphere through the containment ventilation system will be increased as a result of the storage of additional spent fuel.
This increased level of radiation presents an unaccepta-ble risk to the health of residents in the vicinity of the plant.
8.
The requested license amendment may not be granted until the NRC has considered the consequences of a Class 9 accident at the Big Rock plant.
The occurralco of a Class 9 accident at. Three Mile Island Unit No. 1 on March 28, 1979, establishes that such accidents are credible events and must be considered by the NRC.
Due to the increase in the total amount of highly radioactive spent fuel that would be stored at the plant, a Class 9 accident in any way related to the spent fuel could result in significantly greater risk to the public health and safety than would be the case if the in-creased storage were not allowed.
9.
The events at TMI-2 showed the inadequacy of NRC emergency planning requirements.
Em:3rgency planning beyond the LPZ is a recognition of the residusi risk associated with major reactor accidents whose consequences could exceed those associated with so-called design basis events.
In the context of spent fuel pool expansion, emergency planning must be based on a worst case analysis of potential accident conse-quences related to the spent fuel pool.
In particular, it must take into account the significant increase in radioactive spent fuel that will be stored at the plant if this License Amendment is granted.
1506 109 Respectfully submitted,
/~,,'/.N<b%
Karin P. S heldon'V-7/.#
Counsel for Christ [-Maria Sheldon, Harmon & Weiss 1725
'I" Street, Suite 506 Washington, D.C.
20006 November 20, 1979 1506 110
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
)
CONSUMERS POWER COMPANY
)
)
Docket No. 50-155 (Big Rock Point Nuclear
)
Plant)
)
)
I hereby certify that I served the Re-statement of Contentions of Christa-Maria to 'he followings parties by c
U.S. mail, postage prepaid, tais 20th day of Novenber, 1979:
Herbert Grossman, Esquire
- Janice E. Moore, Esquire Atomic Safety and Licens3ag Board Counsel for NRC Staff U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Dr. Oscar H. Paris Atomic Safety and Licensing Board
- Joseph Gallo, Esquire U.S. Nuclear Regulatory Commission Ishi-m, Lincoln & Beale Washington, D.C.
20555 1050 17th Street, N.W.
Seventh Floor Mr. Frederic J.
Shon Washington, D.C.
20036 Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Mr. John A.
Leithauser Washington, D.C.
20555 Energy Resources Group General Delivery
- Docketing and Service Section Levering, Michigan 49755 Office of the Secretary of the Commission U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Mr. John O'Neill Route 2, Box 44 Maple City, Michigan 49664 c 0, AWJWSAr-2 William >f.
Jordan, III
- Hand Delivered