ML19257D832

Insists That NRC Discharge Responsibilities & Act Upon Show Cause Request Filed by Seacoast Anti-Pollution League Per 10CFR2.206

ML19257D832
Person / Time
Site:	Seabrook
Issue date:	02/01/1980
From:	Backus R O'NEIL, BACKUS & SPIELMAN
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NUDOCS 8002060569
Download: ML19257D832 (4)

Text

e C N EILL BACKUS S PIELM AN ATTO R N EYS AT LAW 116 LOWELL STREET TELEPHONE M AN C H E ST E R N EW H A M PS HI R E 0310 5 GC3 668 72'2 February 1, 1980 Harold Denton, Director Office of Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, DC 20555 RE: Docket Nos. 50-443, 50-444 Seabrook Nuclear Power Plant 1928 170

Dear Mr. Denton:

On May 2, 1979, the Seacoast Anti-Pollution League filed a Request for an Order to Show Cause, pursuant to 10 C.F.R. 52.206, directed to the fact that the Seabrook plant has been licensed for construction without any analysis of a Class 9 accident, and without demonstrating a capability of evacuation of those persons beyond the low population zone, a circle whose boundary, in the case of the Seabrook plant, is drawn only 1 1/4 miles from the reactors.

Since the time of that request, the NRC has itself promulgated a proposed rule changing the requirements of 10 C.F.R. Part 50 to require appropriate emergency planning for evacuation of persons within a distance of 10 miles of the reac, tors.

In addition, the Office of Nuclear Reactor Regulation has now released the " Report of the Siting Policy Task Force",

(IREEG -06 25 ) which firmly establishes the position that appropriate siting, in light of cumulative population densities, is a safety important matter.

This report, which I understand is to provide interim guidance while 10 C.F.R. Part 100 is revised, states as follows:

"The Task Force believes that these basic objectives can be met by modifying Part 100 to limit the flexibility currently allowed in siting and thus reaffirm the use of population .

density and distance as elements of siting as originally envisioned. With our current knowledge of, and experience d ,0 with, light water reactors (LWRs) of contemporary design, I ef this can be accomplished by isolating the plant design (O decisions regarding accident mitigation from siting decisions, di L1 C; K E S o N El L L J R lo3E9T A SACKUS sTEDHEN J S PIELM AN WILL: A M 3H AIN E 6

80 0 0 06 0 f5 dI 7

by requiring fixed limits on population density ana u1 stances, and oy implicitly incluaing in Part 100 consideration of the risk associated with accidents beyond those for which the plant is designed."

(Page 41)

As I am sure you are aware, the Seabrook site is as close to Roston as the Zion facility is to Chicago, and only about three miles more distance from Boston than the Indian Point fr.cility is from Mid-town Manhattan. The population densities e.round the Seabrook site, even when populations are " weighted" to reflect transient use of the recreational areas, exceed the guidelines in Regulatory Guide 4.7. You will of course be aware that the Commonwealth of Massachusetts, by a pleading dated November 16, 1979, supported SAPL's Show Cause Request.

The Attorney General of New Hampshire has also agreed that the Show Cause Request raises substantial issues which need to be promptly addressed.

Under 10 C.F.R. S2.206, you are under a legal obligation to act upon the request "within a reasonable time. " The request has been outstanding since May 2, 1979, with no action on your part.

Under date of October 3, 1979 you wrote me a letter stating in pertinent part as follows:

"We anticipate that action will be taken on both of your Petitions by November 1979."

In view of the ongoing construction at Seabrook, with each days investment tending to restrict the chance for fair consideration of these issues, I must now insist that your office promptly discharge its responsibilities and act upon the Show Cause Request forthwith. The NRC's obligation to assure the public health and safety must be paramount, and is incon-sistent with any further delay.

Very truly yours,

, 4_ __

Robert A. Backus - -

RAB/sid cc: All Persons on Service List i928 171

February 1, 1980 A OF SERVICE I, Robert A. Backus, certify that I have mailed, postage prepaid, first class or 1; mail of the wi*hin to:

Alan S. Rosenthal, Chairman Atomic Safety and Licensins Atomic Safety and Licensing Board Panel Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. John H. Buck Office of the Attorney General Atomic Safety and Licensing 208 State House Annex Appeal Board Concord, New Hampshire 03301 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Karin P. Sheldon, Esquire Sheldon, Harmon, Roisman & Weiss Michael C. Farrar, Esquire Suite 506 Atomic Safety and Licensing 1725 I Street, N.W.

Appeal Board Washington, D.C. 20006 U.S. Nuclear Regulatory Commission Washington, D.C. 2J555 Dr. Ernest O. Salo Ivan W. Smith, Esquire Professor of Fisheries Research Institute Atomic Safety and Licensing College of Fisheries Board Panel University of Washingten U.S. Nuclear Regulatory Commission Seattle, Washington 98195 Washington, D.C. 20555 Joseph F. Tubridy, Esquire Dr. Kenneth A. McCollum 1107 West Knapp Street 4100 Cat;.dral Avenue, N.W. Stillwater, Oklahoma 74074 Washington, D.C. 20016 Robert A. Backus, Esquire Dr. Marvin M. Mann O'Neill Backus Spielman Atomic Safety and Iicensing 116 Lowell Street Board Panel Manchester, New Hampshire 03105 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Laurie Burt, Esquire Assistant Attorney General Edwin T. Reis, Esquire One Ashburton Place Assistant Chief Hearing Counsel Boston, Massachusetts 0?l08 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission ' ~

Washington, D.C. 20555

/

1928 172

John Ahearne, Chairman U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Peter A. Bradford, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Victor Gilinsky, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard T. Kennedy, Commissioner U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Leonard Bicxwit, Esquire Of fice of t.he General Counsel U.S. Nuclear Regulatory Commission Washington. D.C. 20555 Thomas Dignan, Esq.

Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110

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' Rob 6rt A. Backus 1928 173