ML19262A657
| ML19262A657 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 11/26/1979 |
| From: | Gallo J, Johari Moore, Sheldon K BIER, MILLS, CHRISTA-MARIA, ET AL, CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19262A563 | List: |
| References | |
| NUDOCS 7912070344 | |
| Download: ML19262A657 (8) | |
Text
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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 Power
)
Station)
)
Stipulation Among NRC Staff, Christa-Maria And Consumers Power Company Pursuant to the Atoraic Safety and Licensing Board's Order of September 25, 1979, representatives of the NRC Staff, Christa-Maria and Consumers Power Company (" Consumers") met on November 14, 1979 to discuss the contentions filed by Christa-Maria, one of the 24 citizens living in close proximity to the Big Rock Point Nuclear Plant who filed a petition to intervene on August 22, 1979.
Counsel for Christa-Maria explained at the outset of the meeting that discussions were continuing among the 24 citizens with respect to the question of consolidation with Christa-Maria and that some progress had been made.
Counsel for Christa-Maria will endeavor to provide a definitive statement of the situation by the time of the prehearing conference on December 5, 3979.
1522 152 2912oroll(/$/
The remainder of the meeting was dedicated to a discussion of the nine contentions filed by Christa-Maria on October 30, 1979.
It was agreed without objection by Consumers and the NRC Staff that matters would be facilitated if the contentions were restated by Christa-Maria, and as a consequence, the statement of contentions in this stipula-tion supersedes the previous set of contentions filed on October 30, and the restatement of contentions filed on November 20, 1979.
The Staff, Consumers and Christa-Maria, by their respective attorneys, stipulate as follows:
1.
Contentions Nos. 2 and 3 are restated to read:
2.
The increase in fuel stored in the Big Rock pool will result in an increase in the amount of radi-ation released to the environment at the south wall of the storage pool where there is less shielding, according to the licensee'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 Storage Pools" has indi-cated that "[s] tress corrosion of stainless steel components or zircaloy cladding cannot be entirely ruled out because of the lack of understanding of the stress states and the degree of sensitization of stainless steel" (p. 10).
The NRC Staff and Consumers agree that Contentions Nos. 2 and 3 meet the procedural requirements of 10 C.F.R.
S 2.714, and they do not object to their admissibility in 1522 153 this proceeding.
It is understood that by agreeing to the admissibility of Contentions Nos. 2 and 3 that neither the NRC Staff nor Consumers concede the accuracy and validity of the assertions set forth therein.
2.
The NRC Staff and Consumers Delieve that Contention No.
4 does not meet the requirements of 10 C.F.R.
S 2.714 because it is vague in that the first sentence of the contention fails to specify the " safety hazards" of concern.
Christa-Maria believes that further specificity is not possible until the information referenced in the contention is com-pletely available.
in view of the foregoing, the NRC Staff, Consumers and Christa-Maria agrec as follows:
a.
Contention No. 4 is withdrawn by Christa-Maria at this time; provided that after reviewing information concern-ing the matters raised in the contention as written in the October 30, 1979 submittal to the Licensing Board, Christa-Maria may assert a new contention within the subject matter parameters of said Contention No. 4; and provided further that said new contention must be filed before the close of the time for discovery as provided by the Licensing Board.
b.
The NRC Staff and Consumers will not object to the filing of any new contention under paragraph (a) on the ground that it was filed after the time period specified for the filing of contentions (15-days prior to the holding of the special prehearing conference required by 10 C.F.P.
S 2.751a); provided however, that both tha NRC Staff E.nd Consumers reserve t.
right to object on ot'cer grounds, e.g.,
vagueness and lack of basis.
1522 154 3.
Contentions Nos. 5 and 6 are withdrawn by Chrit,ca-Maria at this time because they concern the effects of storing spent fuel at the Big Rock Point Nuclear Plant site after the plant's operating license has expired.
Christa-Maria reserves the right to file these and any other contentions deemed appropriate if, during the pendency of the above-captioned proceeding, the Nuclea-Regulatory Commission determines in its generic rulest.aking proceeding (44 Fed. Reg. 61373) that on-site storage after expiration of the Big Rock operating license will be necessary.
'ihe Staf f and Consumers, in turn, reserve their rights to take a position on the appropriateness of any such contention at the time it is filed.
4.
Contentions Nos.
1, 7,
8, and 9 are restated as follows:
1.
The NRC is prohibiced 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 .lis generic proceeding that there is no reason-at ^ assurance that facilities for off-site storage or permanent disposal of the spent fuel will be avillable 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 App (Tls for the District of Columbia Circuit in 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.
1522 155
c-7.
The levels of airborno radiation released to the atmosphere through the containment ventilation system will be increased as a result of the stor-age of additional spent fuel.
This increased level of radiation presents an unacceptable 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 occurence of a Class 9 accident at Three Mile Island Unit No. 2 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 acci-dont 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 increased storage were not allowed.
9.
The events at TMI-2 showed the inadequacy of NRC emergency planning requirements.
Emergency planning beyond the LPZ is a recognition of the residual risk associated with major reactor accidents whose con-sequences 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 partic-ular, 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.
The NRC Staff and Consumers object to Contentions Nos.
1, 7,
8, and 9.
Separate pleadings will be filed ',ith i522 156 the Licensing Board by the NRC Staff and Consumers in support of these objections by November 29, 1979.
O b.b b' Janice E.
Moore, Esq.
Counsel for NRC Staff
- ab J,op6ph gallo, Esq.
dMunseY for Consumers I
Power Company we Karin P.
Sheldon, Esq.
Counsel for Christa-Maria Dated:
November 2h,1979 1522 157
UNITED STATES OF AMERICA NUCLEAR REGULATORY COM4ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
C0h30MERS POWER COMPANY
)
Docket No. 50-155
)
(Big Rock Point Nuclear Power Station)
CERTIFICATE OF SERVICE I hereby certify that copies of MOTION FOR APPROVAL 0F STIPULATION and STIPULATION AMONG NRC STAFF, CHRISTA-MARIA AND CONSUMERS POWER COMPANY, in the above-captioned proceeding have been served on the following by depnsit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatoiy Commission's internal mail system, this 26th day of November,1979.
- Herbert Grossman, Esq.
Joseph Gallo, Esq.
Atomic Safety and Licensing Isham, Lincoln & Beale Board Panel 1050 17th Street, N.W., #701 U.S. Nuclear Regulatory Commission Washington, D. C.
20036 Washington, D. C.
20555 John A. Leithauser
- Dr. Oscar H. Paris Energy Resources Group Atomic Safety and Licensing General Delivery Board Panel Levering, Michigan 49755 U.S. Nuclear Regulatory Commission Washington, D. C.
20555 John O'Neill, II Route 2, Box 44
- Mr. Frederick J. Shon Maple City, Michigan 49664 Atomic S'fety and Licensing Board Paral Christa-Maria U.S. Nuclear.9egulatory Commission Route 2, Box 108c Washington, D. C.
20555 Charlevoix, Michigan 49720 Philip P. Steptoe, Esq.
Ms. JoAnne Bier Michael I. Miller, Esq.
204 Clinton Isham, Lincoln & Beale Charlevoix, MI 49720 One First National Plaza Suite 4200 Barbara J. Godwin Chicago, Illinois 60603 306 Clinton Charlevoix, Michigan 49720 1522 158
- Atomic Safety and Licensing Ms. Marcy Brown Appeal Board Panel 401 Alice Street U.S. Nuclear Regulatory C mnission Charlevoix, Michigan 49720 Wash'ngton, D. C.
20555 Mrs. W. W. Schaefer, Chairman
- Atomic Safety and Licensing Radioactive Waste Management Board Panel Study Committee U.S. thclear Regulatory Commission Lake Michigan Foundation Washin; ton, D. C.
20555 c/o 3741 Koehler Drive
- Docketing and Service Section U.S. Nuclear Regulatory Commission Karin P. Sheldon, Esq.
Washington, D. C.
20555 Sheldon, Harmon, Roisman & Weiss 1725 I Street, N.W.
Judd L. Bacon, Esq.
Suite 506 Consumers Power Company Washington, D. C.
20006 212 West Michigan Avenue Jackson, Michigan 49201 Mr. Bruce Janssen Box 1889 Lake Shore Drive Boyne City, Michigan 49712 b b-b Janice E. Moore Counsel for NRC Staff 1522 159