ML19269B792
| ML19269B792 | |
| Person / Time | |
|---|---|
| Issue date: | 12/15/1978 |
| From: | Martin J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Dwyer C AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 7901050386 | |
| Download: ML19269B792 (3) | |
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[ para UNITED STATES y
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 g,
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.P DEC 1519 Ms. Carole Dwyer 3608 Palm Boulevard Isle of Palr.;s, South Carolina 29451
Dear Ms. Dwyer:
I am pleased to respond to your letter of November 5, 1978 expressing your cencerns over nuclear activities in South Carolina. The Nuclear Regulatory Commission (NRC) is not issuing licenses to operate commercial reprocessing plants. This decision includes the Barnwell facility (see enclosure). The only action that we have with regard to storage of radioactive material at Barnwell is an application to store spent fuel at the facility. This application is not being pursued by Allied-General Nuclear Services at this time.
In the event that the Atomic Safety and Licensing Board concerned with this action is reconvened, public notice will be given. With respect to Barnwell, we are not aware of any plans for use of this site for disposal of high-level radioactive wastes.
With regard to transportation accidents in South Carolina involving radioactive material, ba:ed on information received from the Department of Transportation (D0T), we find that of the aazardous materials incident reports involving shipments of radioactive material, about 15 percent of them involve shipments with origin or destination in South Carolina. Thirteen of the 45 such reports did not involve any damaged packages and thus no releases of radioactive material occurred.
In most of the remaining incidents, releases involved minor contamina-tion from small quantity packages. None of them involved any deaths or inj uries. The DOT equirement for these reports include any instance of actual or suspected contamination as well as those conditions which are ordinarily recognized as warranting a report. While neither the NRC or the DOE can rule out the occurrence of accidents, both our regulations are designed to protect public health and safety through use of adequate package designs. Because we regulate and review package designs, including limits on contents, it is not necessary to monitor each package in the transportation system. We do provide inspection and enforcement functions to assure compliance with these regulations.
Thank you for you'r letter.
Sin erely, h/gf / f John B. Martin, Assistant Director Fuel Cycle Safety and Licensing
Enclosure:
Division of Fuel Cycle and Material Safety Federal Register Notice 79010 5 038fq C
6 ~.M 8 NOTICES scheduled to convene at 10:30 a.m. on Committee and senior advisory group N' sr f o be a member of CEE. Mr. Wednesday. January 4.1978. in Room in evaluating its adequacy prior to the t
ple2dmes may be considered as M meividual petition for leave to in-1900-A. John F. Kennedy Building, next IAEA discussion.
Government Center Cambridge Street Single copies of this draft may be
,,y, me Detroit Edison Co. (applicant) and New Sudbury, Boston. Mus.. is obta+ned by a wetten request to the un Ncsember 7.1977. filed a consoll. cancelled.
Director. Office of Standards Develop-dated answer to the above petitions, Issued: December 27.1977 at Bethes-ment. U.S. Nuclear Regulatory Com-tmuestma that each be denied. The da. Maryland.
mission. Washington. D.C. 20555.
NRC Staff filed an answer dated Octo-For the Nuclear Regulatory Com- (5 U.S.C. 522(au ber 27, 1977. In opposition to Mrs. mission.
Dated at Rockville. Md., this 20th Drake's intervention petition and on SAxtrzz. W. Jcssen.
November 15. 1977, also flied an Administraltt'e Lato Judge.
- I * ***
~
answer requesting that the petitions IFR Doc. 77-37324 Filed 12 29-77; 8:45 am]
For the Nuclear Regulatory Com-of CE; and Mr.Titus be denied.
mission.
Plesse take notice that a special pre-RoarnT L. Mmoccz.
hearmg conference pursuant to the [7590-01]
Directer,0// fee of provisions of j 2.7513 of the Commis-Standards Derclopment.
O ATOWC ENERGY AGINCY sion's rules of practice (10 CFR 12.751a) will be held at 9:30 a.m., local DRM7 5A7 TTY GUIDg FR Doc. 77-37172 Filed 12-29-77; 8:45 am]
time, on January 19, 1978, at the U.S.
A,.ii.b;;;ry et or.f, f., Pubik Comment Courthouse. Room 1057 Bankruptcy
[7590-01]
Courtrocm. 231 West Lafayette Street.
The Internaticnal Atomic Energy Detroit. Mich. 48226. All parties and Agency (IAEA) is developing a limited.
MIXED OXICE FutL
~
petitioners for intervention or their number of internationally acceptable :
o,,,,
counul are directed to appear at such codes of practice and safety guides for ;
spec *21 prehearing conference to con, nuclear powerplants. These codes and !
Under a November 1975 policy state- -
stder allintervention petitions includ. guides will be developed in the follow ; ment (40 FR 53056). the Commission ing the interest or standing of pett-ing five areas: Government organiza-has been cond seting proceedings on t!cners under either the judicial stand-tien, siting. design, operation, and the generic environmental statement ing tests for intervention as a matter quality assurance. The purpose of on mixed oxide fuel (GESMO) to de-these codes and guides is to provide ; ditions uranium and plutonium m!ght termine whether and under what con-of right, or inte tention as a matter of IAEA guidance to countries beginning discretion, t.s well as the identification of at least one relevant contention nuclear power programs.
be recycled from spent light water nu-with reasonable specificity and with The IAEA codes of practice and clear reactor fuel and fabricated into some basis assigned for it.
safety guides are developed in the fol-fresh mixed oxide fuel on a wide scale. ~
It is so ordered.
lowing way. The IAEA receives and Under the same policy statement, the colla:es relevant existing information, Commission has also been processing Dated at Bethesda, Md., this 22d cay used by member countries. Using this applications for the construction op-of December 1977.
collation as a starting point. an IAEA eration. and modification of facilities For the Atomic Safety and Licensing working group of a few experts then to reprocess spent fuel, fabricate Board.
develops a preliminary draft. This pre-mixed oxide fuel, and perform related Roarar M. LAZo.
liminary draft is reviewed and mod!- functions. The U.S. Court of Appeals
- Chaftman, fled by the IAEA Technical Review for the Second Circuit held that the (FR Doc. 77-37170 Filed 12-29-77; 3:45 am]
Committee to the extent necessary to Commission could not !ssue such 11-develop a draft acceptable to them. censes for commercial. scale activities This draft code of practice or safety until it had completed the GESMO
[7590-01]
guide is then sent to the IAEA senior proceedings. Natural Resources De-(Dyproduct Material !Jcense No. 20-00302-advisory group which reviews and fense Counctf. Inc. v. Nuclear Regula. 5 02j modifies the draft as necessary to tory Com%2sston. 539 F. 2d 824 (1976)..
reach agreement on the draft and cert. granced. G U.S. 944 (1977).
J. G. SYLVESTER ASSOCIATES. INC.
then forwards it to the IAEA Secretar-On April 7.1977. President Carter ist to obtain cownents from the announced a nuclear nonproliferation order concemag H.cm, member stater. The senicr advisory policy which called for the indefinite On December 20. 1977 Counsel for group then considers the meraber deterral of domestic cormnercial repro ~
f..~ Nuclear Regulatory Staff reported state comments, agam modifies the cessing arid recycling of plutomum c t ut d!scussions with the principal of.
draft as neccesary to reach agreement and the ommencement of domestic f& of the Licensee had resulted in a and forwards'it to the IAEA Director and international stud!es of alterna -
proposed disposition of the proceeding General with a reccmmenoation that tive fuel cycles. The Commission sus-and the removal of any need fcr hear-it be accepted.
. pended the GESMO proceeding in.
Ing. Staff counsel also stated that it As part of this program. safety guide April and in May announced its inten-was expected that a stipulation would SG-D5. " Man. Induced Eventa " has tion to reassess the November 1975 soon be executed and submitted for been developed. An IAEA working policy statement and sought public consideration.
group, consisting of Mr. K. Guentner comment and the Prcsident's views on Upon the basis of the foregoing. It is of Federal Republic of Germany. Mr.
the appropriate future course for giu-concluded that the prehearing confer-V. Ramachandran of India, r.nd Mr. J.
tonium recycle.related proceedin5 3 ence presently scheduled for January F. Costello (U.S. Nuclear Regulatory Public comments were received in 4.1978. in Boston should be cancelled. Commission) of the United States of June and a letter ctating the Prest-and consideration will be given later to A~ erica developed this draft from an dent's views in October. The Commis-the terms of the expected stipulation. IAEA collation during a meeting on sion then sought. public comment on Wherefore. It is Ordered. in accor-October 24-28,1977, and we are solicit-the President's views and on several dance with the Atomic Energy Act, as ing public conunent on it. Comnients specified alternative courses of action. -
amended, and the Rules of Practice of on this draft received by March 1 Comments were received in November.-;~
the Nuclear Regulatory Commission, 1373, will be useful to the U.S. repre-In Ifght of these events and after that the prehearmg conference now sentatives to the Technical Review consideration of all the comments re y FEDEtAt REGISTER, VCt. 42, NO. 251-FRIDAY. DECEMBER 10,1977
,.-$-l
.E
.bw@
Oq4
t NOTICES 63003 cen ed, the Commission decided at [7390-01]
any person whose Interest may be af-anclic meetings in December 1977-fected by this pro < eeding may file a re-m ut h S M Ne8 M
" (1) To terminate the GESMO pro-quest for a hearing in the form of a ceeding:
POWER AUTHotifY CP THi STATI CP N;W petation for leave to intervene with re-(2) To terminate the proceedings on yogit, gy Ag, spect to the issuance of the amend-pending or future piutenium recycle-ment to the subject facility operating related license applications, except Heaciag schedule license. Petitions for leave to intervene for-must be filed under oath or affirma-Decnrara 3.1977.
(a) Proceedings on licenses for the tion in accordance with the provisions fabriestien or use of small cuantitles In the Matter of Power Authority of of section 2.714 of 10 CFR Part 2 of of mixed oxide fuel for experimental the State of New York (Greene the Commission's regulations. A peti-
- 1 poses. and County Nuclear Power Plant)
- State of tion for leave to intervene must set (b) Those portions of proceedings New York Department of Public Ser. forth the interest of the petiticner in rh::h invoire enty spent fuel stcrage, vice Board on Electric Generation, the proceeding, how that interest may d.b:caal cf existing waste or decon' Siting and the Envircnment; applica. be affected by the results of the pro-tr= nation. or decomm2ssionmg of ex-tion of the Power Authority of the ceeding, and the petitioner's conten.
Ming plants:
State of New York (Greene County tions with respect to the proposed 11-C) To reexamine the above matters Nuclear Generat!ng Facility).
censma action. Such petitions must be after the completion of the ongoing al-By an order dated October 12. 1977 filed in accordance with the provisions ternattve fuel cycle studies. now ex-an Atomic Safety and Licensing Ecard of this FEDERAr. RrorsTra notice and eU I 2.714. and mttst be filed with the Sec-
- x
- cd to take about t'so years:
ef *Ln a.S. Nucl:ar Regulatory Com.
retr..~; of the Camion. R 20!a-O ~:'s ;u::'f.Jh _he d: a :sinnarfa M
nd a Presiding Examiner and sn :phent to the GESMO document an Assocsate Examiner of the Board ar Regulatory Commission. Washing-aa a stan W.ical repom on Electric Generation. Siting and the ton. D.C. 20555. Attention: Docketing
- 0) As a consequence of the above Enntenment of the State of New and Service Section. by the above drdons. to withdraw the November date. A copy of the petition and/or re-k wheduled hearings in the above-IG75 po; icy stata=ent: and quest for a hearing should be sent to
'6) To reserve for decision if It indicated matter, inter alia for the the Executive Legal Director. U.S. Nu.
a:'.5cs. the question of whether a facilj. per:cd January 3 through January 6.
clear Regulatory Commission. Wash-ty such as the Earnwell facility may The heartnza scheduled for January ington. D.C. 20555, and to Steven E.
be teensed for experimental and feast. 3 through Jannsry 6 are cancelled.
Keane. Esq. Foley. Sammond & Lard-biity purposes on a noncommeretsj The next scheduled hearings will ner. 777 East Wisconsin Avenue. Mil-bas.s to imestigste procesres which take pInce beginning at 1 p.rn. on Jan-waukee, Wis. 5;:00. attorney for the support the natscn's nonproliferation uary 16,1978, at the offices of the licensee' tion for leave to intervene otectives.
Public Service Commission. Agency A peti The proceedings affected by this de.
Building 3 Empire State Plaza. must be accompanied by a supporting chion are the generic environmental A.lbany. N.Y.
affidavit which identifies the specific statement on mixed oxide fuel (Docket If is so ordered.
aspect or aspects of the proceeding as No. RM-50-5). A111ed-General Nuclear to which intervention is desired and Services (Barnwell nuclear fuel plang Dated at Bethesda. Md.. this 23rd specifies with particularity the facts separations factlity. uranluns hexa. day of December 1977.
on which the petitioner relles as to flcoride facility, and plutonium prod
- For the Atomic Safety and Licensing both his interest and his contentions uct facility) (Docket Nos. 50-332, 70-Board.
with regard to each aspect on which 1327. and,70-1821). Exxon Nuclear Co-*
JonN F. Wot.r, intervention is requested. Petitions Inc. Gment Fuel Recovery and Recy.
Chcirman.
stating contentions relating only to c ine Center) (Docket No. 50-564).
Instters outside the Commiss:on's Ju-Westinghouse Electric Corp. (recycle For the New York State Siting risdiction will be denied.
fuels p!. ant) (Docket No. 70-143*D. rsd board.
All petitions will be acted upon by N ettar Fuel Services. Inc. (West E:: WARD D. CoHr.:f.
the ComnUSslon or licensing board.
VaM reproedg plant)(Docket No.
P*es: ding Examtner.
designated by the Commission or by 50-:J1). This crder shall be filed in IFR Doc. 77-::7166 Filed 12. 3-77; 8:45 aml the Chat. man of the Atomic Safet.y UW.e dockets and shall be served on and Licensing Board Panel. Timely pe-a.1 :ardes of recoW titions will be considered to determine C manss:ener G1:Insky notes that [7590-01]
Whether a hearing should be noticed
,e v.miders the inclusaon of item (S)
IDocket No. 50-3051 or another appropriate order issued
':1 qe unnece::sary and inappropriate regarding the disposition of the peti-
...;s order.
WISCCNSIN Pu3 tic SERVIC2 CO2P ET AL tions.
C:-.-nissior.er Zennedy notes that In the event that a hearing !s held he Nuid prefer the use of the term Pmp-d Im-, d A-d-e m FalW and a person is permitted to intervene.
" defer to " term.tnate" in items (1)
OP"*nne tha**
he becomes a party to the proceeding aca c) above.
The U.S. Nuclear Regulatory Com. and has a right to participate fully in T'e Ccmmitston will shortly publish mission (the Commission) is consider. the conduct of the hearing. For exam-a '*atement of the reasons underlying ing issuance of.in amendment to Fa.
ple, he may present evioence and ex.
t.ts decision. This statement will in-cility Operating License No. DPR-43, amine and cross. examine witnesses.
C!ud the separate views of Commis* issued to Wisconsin Public Service For further details with respect to
{loned matter..
oner Kennedy on the above. men-Corp., Wisconsin Power & Light Co.
this action, see the application for and Madison Gas & Electric Co. (the amendment dated November 14, 1977.
As so ordered.
_ licensee), for operation of the which is available for public inspection Dated at Washin.7 ton. L.C., this 23d Kewaunee Nuclear Power Plant locat, at the Commission's Publ!c Document day of Decemoer 1977.
ed in Kewaunee. Wis.
Room.1717 H Street NW., Washing-The amendment would increase the ton, D.C.. and at the Kewaunee Pubile Tc omm n.
spent fuel storage capacity at Iitrary.
314 Milwaukee Street.
Set er.z. J. Cmt.K.
Kewaunee.
Ke waunee. Wis. 54216.
Secretary o/the Comm:sston.
By January 30, 1978, the licensee Dated at Bethesda, Md.. this 17th WR Dm. 77-37169 nled 12 29-77; R.45 aml may file a request for a hearing and day of December 1977.
FIDERAL REGISTit. VOL. 42. NO. 251-7RIDAY. CICEMBER 30.1977 4