ML19289G177
| ML19289G177 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 06/05/1979 |
| From: | Blum S BLUM & SHEELY |
| To: | |
| Shared Package | |
| ML19289G178 | List: |
| References | |
| NUDOCS 7907190058 | |
| Download: ML19289G177 (3) | |
Text
.
f Dt UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMI SSION
- -rt:
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD j
9
!E JUN 61973 > $
NRC PURLTf DOCUMENT P.00MN in the Matter of
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5"*'"
DUKE POWER COMPANY
)
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)
O-(Amendment to Materials Licercse
)
Docket No.70-262 m
SNM-1773 for Oconee Nuclear Sta-
)
)
tion Spent Fuel Transportation and Storage at McGuire Nuclear
)
Station)
)
MOTION FOR
SUMMARY
JUDGMENT ON BEHALF OF CAROLINA ENVIRONMENTAL STUDY GROUP (CESG),
AND MEMORANDUM IN SUPPORT THEREOF CESG has raised three contentions:
1.
That transportation is unacceptable as compared with modification of exist-Ing Oconee pools, construction of a new spent fuel facility at Oconee, or con-struction of one away from Oconee (alternatives are preferable);
2.
The action poses an unacceptable hazard by increasing radiation dosage to persons living near the route and persons traveling on the route and because of accidents or delays in transit (hazards due to ' transit); and 3
Based en I and 2, an Environmental Impact Statement (EIS) is wartanted be-cause the action is a major federal action significantly affecting the quality of the human environment.
Staff and Applicant have moved for summary judgment, alleging that alter-natives need not be valued because the impact of the action is g minimus. All hazards are argued to be nonexistent, in fact or by regulation.
Finally, the Staff did an El' Appraisal (EIA) to determine an EIS was not necessary.
However, the NRC adopted a new regul'ation as a part of 10 CFR Part 73 (s 73.37) to go into effect in time to effect this nearing. (See 5/25/79 letter f rom Richard K. Hoefling.)
2058 288' 28onsoc6Ea
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The documents make apparent the fact that there exists a credible sabotage threat, dangerous in urban environments, which requires regulatory attention.
Route p lanning is to avoid urban areas where possible.
(The contemp eted route does not.) The consequences of sabotage may be accepted as a valid conts stion in IIcensing proceedings.
The risks of spent fuel sabotage are significant (Dis-cussion Paper, p!5).
Further, there will be an effect on the cost of transpoi -
tation (Enclosure D).
Conclusions which can be drawn from this staff / commission document are:
1.
Regular shipments, as planned herein, are more likely targets than sporadic shipments.
2.
Routes through or near urban environments (as these) are more dangerous than rural routes.
3 There i s a significant risk to the environment in any transportation and more when factors 1 and 2 are taken into account.
Since it is now the NRC position that transportation poses a significant risk to the environment and (1) all atterations have not been studied or app-raised; (2) the hazards were found to be de minimus by regulation and are now significant by regulation;and contention (3) is now fully supported bv regula-tion and an Environmental impact Statement is required.
Having a hearing now would be pointless.
Therefore, CESG moves for an Order requiring appilcant to prepare a full aclae enfi ronmental impact statement in connection with its environmentally hazardous operation and moves that any hearing by put off until af ter such a statement is prepared.
Dated:
June _ 1979 BLUM AND SHEELY g058289 SHELLEY BLUM')
418 Law Buil/ing 730 East Trade Street Charlotte, North Carolina 28202 (704) 376-6591
s:all E. Miller, C"irman cens hg
,ke[a.
aua Res c
Defense Council 917 15th Street, N.V U.S. :Rclear % _: cry Ccrn.
Washington, DC 20005 Do Washing On, D.C. 205s..s
<f s
Dr. E:=eth A. Luecke Chuck Gaddy r,
Atc:nic Safety and Licensing IC PIRG wnac Board Davidaan College O
U.S. Nuclear Begulatcry Ccmn.
Davidson, N.C.
28036
' 6-JUN 81979 ) @
Washington, D.C. 20555 gge an=*=
n Dr. Cadet H. Hand, Jr., Dir.
William Iarry Portar Snen 4
* Bodega Marine T=hn = tory Amanr-4ata General Counsel N
P. O. Box 247 Duka Power Catpany R*ga Bay, califnmia 94923 422 S. Church Street Charlotte, N.C.
2824i Richard K. Hoefling, Esq.
Dcnald R. Belk Office of Executive legal Dir.
Safe Energy Alliance U.S. Nylaar Regulatcry Ctmn.
2213 E.
7th Street Washington, D.C. 20555 Charlotte, N.C.
28204 Janes M. M::Garry, III, Esq.
I certify that I sorved a copy of the attached on Joseph B. Knotts, Jr., Esq.
opposing counsel by desositing same, encloeod in Debevoise & Tiho m a poetpold wr p;rr,in a depository under the
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Mf%
1200 17th Street, Nd Washingtcn, D.C.
20036
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adore: cod as touomme Office of the. Secretary Docketing & Service c;e+ im L.5. :bclear Begulatory Ccmn.
Washingtcc, D.C. 20555 4.AR-
/%, '
F, Richard P. Wilson, Esq.
SHELLEY BLUM Assistant Arq General 2600 Bull Street Colu:tia, South Carolira 29201 Jesse L. Riley Carolina Envi10immital Study 854 Henley Place Charlotte, North Carolina 28207 Brenda Best Caroli.a A~c.icn 305 Las Qapel Hill S* :eet Durht:., Ibrth Carolim 27702 2058 290~
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