ML19269D991
| ML19269D991 | |
| Person / Time | |
|---|---|
| Site: | 07001308 |
| Issue date: | 05/21/1979 |
| From: | Scott W, Wolff G ILLINOIS, STATE OF |
| To: | |
| References | |
| NUDOCS 7906210395 | |
| Download: ML19269D991 (15) | |
Text
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gccm UNITED STATES OF AMERICA
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ussu MM13 N NUCLEAR REGULATORY CCMMIS3 ION r-
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c=% s IN THE MATTER OF GENERAL ELECTRIC )
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Consideration of Renewal of
)
Docket No. 70-1308 Materials License No. SNM-1265
)
Issued to G.E. Morris Operation
)
Fuel Storage Installation.
)
SElh'E0 MAY 34 979 PETITION FOR LEAVE TO INTERVENE The PEOPLE OF THE STATE OF ILLINOIS (hereinafter the " State of Illinois") by WILLIAM J.
SCOTT, Attorney General of the State of
- Illinois, hereby move the United States Nuclear Regulatory Commission.
(hereinaf ter the " Commission") for leave to intervene with respect to the Commission's consideration of the request of GENERAL ELECTRIC COMPANY (hereinaf ter " Licensee") for permission to renew its Materials License No. SNM-1265 at its General Electric Morris Operation.
This petition is filed pursuant to Sections 2.714 and 2.715(c) of Title 10 of the Code of Federal Regulations Part 2.
Illinois requests leave to intervene both as a party as provided by 10 C.F.R.
Section 2.714 and as an interested State as provided by 10 C.F.R. Section 2. 715 (c).
The State of Illinois requests that the Commission grant a hearing on this proposed license renewal and that the State of Illinois and any other interested individuals and organizations be allowed to participate fully in such proceedings.
2266 272 7906210 39dit
. The State of Illinois further requests that the Commission prepare an Environmental Impact Statement as required by 10 C.F.R. Part 51 on the Licnesee's proposed license renewal.
These requests are made pursuant to 42 U.S.C. S2239 and such other statutes and regulations as may be applicable.
The facts that constitute the basis for this Petition are as follows:
I.
INTEREST OF THE STATE OF ILLINOIS The People of the State of Illinois are citizens of a state of the United States, and are represented in this action by William J.
Scott, Attorney General of the State of Illinois, who represents the People of the State of Illinois in all cases in which they are interested.
Illinois Constitution of 1970, Art. V, Sec. 15; Ill.
Rev. Stat., ch. 14, par.
4.
The State of Illinois has a substantial interest in the Licensee's request in that:
A.
The General Electric Morris Operation is 50 miles from the State's most populated areas, including the Chicago Metropolitan area, Aurora and Joliet.
B.
The Morris facility is located at the confluence of three of the State's main water resources, the Illinois, Kankakee and Des Plaines Rivers.
2266 273
. C.
The storage of additional radioactive spent fuel at the Morris facility, and the possible consequences that accompany such storage, may create an unreasonable safety and environmental hazard to both present and future citizens of the State of Illinois.
D.
The State of Illinois has an interest in a full examination of the proposed license renewal to ensure that public health and safety will be protected by a complete analysis of the away from reactor storage process and the long term consequences of that process.
E.
In order to best protect the health, safety and environ-ment of its citizens the State has a responsibility to ensure that all alternatives to the Applicant's request are considered so that if the license renewal is aporoved it will have been determined that license renewal is the most cost effective, least hazardous method of solving the spent fuel problem.
F.
Furthermore, the State of Illinois has a responsibility to its citizens to ensure that if it is determined that the proposed license renewal is necessary that its implementation will not pro-duce adverse environmental and health effects within the State of Illinois.
II.
DEMAND FOR AN ENVIRONMENTAL LMPACT STATEMENT A decision by the Nuclear Regulatory Commission to allow continued shipment of spent fuel from any nuclear reactors to the Morris operation would be a major federal action significantly affecting the quality of the human environment; therefore the 2266 274
. Commission must prepare an environmental impact statement prior to the hearing on this proposed action.
III.
STATEMENT OF CONTENTIONS The State of Illinois makes the following specific contentions with regard to safety ond environmental considerations relating to the design and operation of the proposed facility and to the quali-fications of the Applicant.
The Consolidated Safety Analysis Report (hereinaf ter "CSAR")
prepared by the Applicant does not provide reasonable assurance, as required by 42 U.S.C.
S2 2 32 (a) and 10 C.F.R.
par. 50.34, 50.40, 70.22 and 70.23, that the expansion and operation of the Morris facility will not endanger the health and safety of the public in the following respects:
A.
The CSAR seriously underestimates the exposure of the public to radioactive effluents because of its failure to account for the following factors:
1.
populations levels throughout the life of the facility; 2.
the storage of mixed PuO -UO fuel rods; 2
2 3.
the possible loss of fuel element and cladding integrity over the life of the facility.
B.
The CSAR's description and analysis of the possibility and consequences of the following accidents is inadequate:
1.
loss of fuel basin cooling; 2266 275 2.
fuel basin liner rupture due to cask accident;
-5 3.
fuel basket drop / criticality.
Thus Applicant cannot assure that the public will be pro-tected from undue exposure to radioactive material.
C.
The CSAR does not describe and analyze all possible and credible accidents and the consequences thereof including:
1.
sabotage related accidents; 2.
an accident involving the interrelationship between Dresden Nuclear Reactors and the Morris facility; 3.
the release of radioactive cesium from spent fuel elements during a loss-of-coolant transpor-tation accident; and 4.
tornado related accidents.
Thus, the Applicant cannot assure that the public will be protected from undue exposure to radioactive material.
E.
The CSAR's analysis of sub-surface water behavior and its monitoring program for potential surface and sub-surface water conta ndnation is inadequate, and thus the ability of the Applicant to protect the public from undue exposure to radioactive material and to protect the public's water supply from contamination cannot be assured.
F.
The Applicant has not presented emergency plans to handle the accidents indicated in Contention I.B. and I.C.
as re-quired by 10 C.F. R.
50, Appendix E.
2266 276
. G.
The CSAR seriously underestimates or does not state the health effects to occupational personnel and the public because it fails to account for the total whole bodv exrosure to occupational personnel for the life of the Morris facility and for the genetic effects to the general population caused by such whole body exposures.
H.
The Applicant has failed to analyze the relevant safety and health issues from the perspective of long term storage of spent fuel at the Morris facility.
Without such an examination, the Applicant cannot assure that the expanded operation of the Morris facility will not endanger the health and safety of the public, now or in the future.
I.
The Applicant has failed to identify the governmental entity that will be ultimately responsible for the perpetual care of the Morris facility once it is decommissioned or to identify the governmental entity that wil be responsible for such decommissioning in the event the Applicant should abandon the site prior to that time.
The identification of a specified government entity both technically and financially capable of performing the tasks described above is necessary in order to ensure that the expansion and operation of the Morris facility will not endanger the health and safety of the public.
J.
The application does not include, as required by 10 C.F.R. Parts 50.33(f), 70.22 and 10 C.F.R. Part 50, Appendix F, a
discussion of the Applicant's financial ability to carry out re-moval and disposal of high level and other significant radioactive wastes at the time of decommissioning and the Applicant's financial ability to shut down the facility permanently and perpetually main-tain it in a safe condition.
This discussion must include sufficient 2266 277
q information on possible available decommissioning methods and their feasibility in order that a judgment on the Applicant's qualifications may be made.
L.
The application is deficient in that it does not include, as required by 10 C.F.R. 50, Appendix F, No.
3, a viable mechanism for the transfer to the federal government of any portion of the facility that cannot be fully decomissioned.
M.
The Applicant has not presented any evidence that it has acquired sufficient financial protection to cover any and all pub-lic liability claims that may arise from any nuclear accident asso-ciated with the Morris facility, including transportation accidents.
IV.
RESE RVATIONS As provided by the specifications of the notice of this proposed issuance of renewal of the facility materal license (44 F.R. 24354) the State of Illinois reserves the right to submit contentions as amend-ments to this Petition for Leave to Intervene up to 15 days before the first prehearing conference scheduled in this proceeding.
As this Petition for Leave to Intervene is in part based upon documents which may be superceded, modified or supplemented before or during a hearing on this matter, the State of Illinois respectfully reserves the right to modify, amend, add or delete sections and contentions.
2266 278 V.
CONCLUS ION The People of the State of Illinois ask that the Nuclear Regulatory Commission:
A.
Institute a formal proceeding to consider General Electric's request for renewal of its existing license.
B.
Grant the State of Illinois leave to intervene and be admitted as a party and as an interested State.
C.
Issue no license renewal unless and until a final enviro-mental impact statement has been published and considered by the Commission.
D.
Issue no license renewal unless and until all of Petitioner's Contentions are satisfactorily answered and resolved.
Further the Stc.te of Illinois asks that the Commission act upon its Petition in an expedient manner, and that the Commission decide whether to grant the relief requested in this Petition before any further consideration of an action on the Licensee's request.
Such action, either by Staff or Commission, prior to the Commission's action on this Petition shall be considered a denial of this Petition and final agency action subject to judicial review.
2266 279
_9_
PEOPLE OF THE STATE OF ILLINOIS, WILLIAM J.
SCOTT Attorney General State of Illinois BE:;:7~
GEORGE WILLIAM WOLFF, Chief Environmental Control Division
/
OF COUNSEL:
GEORGE WILLIAM WOLFF, Chief Environmental Control Division DEAN HANSELL Assistant Attorney General Environmental Control Division(( }@Q SUSAN N. SEKULER Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 [312] 793-2491
b) / C6WC g .p,, g3 ? g UNITED STATES OF AMERICA a ** Y".,, NUCLEAR REGULATORY COMMISSION
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N (b -4 IN THE MATTER OF GENERAL ELECTRIC )
- COMPANY,
) ) Consideration Of Renewal Of ) Docket No. 70-1308 Materials License No. SNM-1265 ) Issued To G.E. Morris Operation ) Fuel Storage Installation. ) NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter. In accordance with S2.713(a), 10 C.F.R. Part 2, the following information is provided: Name DEAN HANSELL Assis tant Attorney General Address Illinois Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Telephone Number [312] 793-2491 Admissions Supreme Court of Illinois United States District Court, Northern District of Illinois United States Court of Appeals for the Seventh Circuit United States Court of Appeals fo r th e D. C. Circuit Name of Party People of the State of Illinois ~'}.,, DEAN HANSELL Assistant Attorney General Dated at Chicago, Illinois this day of m'^ 1979. 2266 281
UNITED STATES OF AMERICA s'f ~ .?; NUCLEAR REGULATORY COMMISSION /if:# 'Y hom k:.j ,, a. N' r: \\sg -2 ' ~ . n-IN THE MATTER OF GENERAL ELECTRIC ) C'- ",, P'
- COMPANY,
) y Consideration Of Renewal Of ) Docket No. 70-13 Materials License No. SNM-1265 ) Issued To G.E. Morris Operation ) Fuel Storage Installation. ) NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters and appearnace in the above-captioned matter. In accordance with S2. 713 (a), 10 C.F.R. Part 2. the following information is provided: Name SUS A?' N. CEF.UICR Assistant Attorney General Address Illinois Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Telephone Number [312] 793-2491 Admissions Supreme Court of Illinois United States District Court, Northern District of Illinois United States Court of Appeals for the Seventh Circuit United States Court of Appeals for the D.C. Circuit Name of Party People of the State of Illinois ( Q -. h\\. .=- SUSAM N. SEKULER Assistant Attorney General Dated at Chicago, Illinois this.2 day of 1979.
'E[N 'g ll 'E1? Y UNITED STATEb OF AMERICA 2 '}' p.- 0E MAY 2) ISTS NUCLEAR REGULATORY COMMISSION ers (f1 ("*f N'7 / IN THE MATTER OF GENERAL ELECTRIC )
- COMPANY,
) ) Consideration Of Renewal Of ) Docket No. 70-1308 Materials License No. SNM-1265 ) Issued To G.E. Morris Operation ) Fuel Storage Installation. ) NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith encers an appearance in the captioned matter. In accordance with S2.713(a), 10 C.F.R. Part 2, the following information is provided: Hame GEORGE WILLIAM WOLFF, Chief Address Illinois Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 Telephone Number (312] 793-2491 Admissions U.S. Supreme Court Supreme Court of Illinois United States District Court, Northern District of Illinois Supreme Court of California Name of Party People of the State of Illinois
- r. -
sp GEORGE ifILLIAll WOLFF, Chie Environmental Control Di sion / Dated at Chicago, Illinois this day of ' ' 1979. 2266 283
g t i C.h A' c$$[2 \\,\\ II 3]%Q\\ STATE OF ILLINOIS ) \\A g j [I g c@A;sa,M ) N C g COUNTY OF COOK ) kiTb AFFIDAVIT I, SUSAN N. SEKULER, being sworn on oath do state that I have read the foregoing Petition to Intervene and Request for Hearing, and to the best of my knowledge and belief, the facts alleged therein are true and correct. ~ SUSAN N. SEKULER Assistant Attorney General 2266 284 SUBSCRIBED AND SWORN to before me this 21st day of May. y Notary Public
\\ @s,- /. S / ),' %,g STATE OF ILLINOIS ) ) SS. u /Il4 COUNTY OF COOK ) Q ' q, %g g y y 3 c-e.n: $ $ BEFORE THE NUCLEAR REGULATORY COMMISSIOI d' (# OF THE UNITED STATES OF AMERICA N AFFIDAVIT I, DEAN HANSELL, an attorney, hereby certify the following in support of the foregoing Petition to Intervene: 1. That I am an Assistant Attorney General with the Environmental Control Division of the Of fice of the Attorney General of Illinois. 2. That I am of counsel for the State of Illinois in the matter of General Electric Company, Consideration of Removal of Materials License No. SNM-1265 Issued to G.E. Morris Operation Fuel Storage Installation, Docket No. 70-1308. 3. That all f acts alleged in this Petition to Intervene attached hereto are true to the best of my knowledge and belief. A, 1,-' _\\ q. DEAN HANSELL SUBSCRIBED AND SWORN TO OF -~ ',1979. }}{g }g} BEFORE ME THIS DAY r NOTARY PUBLIC
kl's <:. 37 x.., /h' 2 '"^ 'f.3 MAY 3 1979 44 W, cr.*4 t:iT g CERTIFICATE OF SERVICE \\ : ;, in /g -; M,.s. ^ ls I'/ SUSAN N. SEKULER, hereby certify that I have this 21st day of May, 1979, served copies of the foregoing Petition to Intervene and Request for Hearing, Affidavit, and Appearance upon each of the following persons by depositing same in envelopes addressed to said persons, first class, postage prepaid, and depositing with the U.S. Postal Service at 160 North La Salle Street, Chicago, Illinois, 60601. Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 General Counsel United States Nuclear Regulatory Commission Washington, D.C. 20555 ~ _. ~ SUSAN N. SEKULER Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 }}-{g }gg (312) 793-2491}}