ML19305B036

Response to ASLB 800118 Order Requesting Statements Re Emergency Planning.Issue Must Include Boston,Providence, Cape Cod & Franklin,Ma Metropolitan Areas.Urges Transport of Spent Fuel by Barge to Sc.Certificate of Svc Encl

ML19305B036
Person / Time
Site:	05000471
Issue date:	02/01/1980
From:	Cleeton A, Cleeton M CLEETON, INTERVENORS
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003190060
Download: ML19305B036 (7)

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d February 1, 1980 1

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g 4

THE ATOMIC SAFETY AND LICENSING BOARD #/

Andrew C. Goodhope, Chaiman Ol- 9 $b Dr . A. Dixon Callihan -

Dr. Richard F. Cole { gh '< ,

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In The Matter Of: )

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BOSTON EDISON COMPANY, et al ) Docket No. 50-471  :

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( Pilgrim Nuclear Generating )

Station, Unit 2) )

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I( INTEF.VENOR CLEETONS RESPONSE TO ORDER OF JANUARY 18, 1980, REQUESTING STATEMENTS FF.OM THE PARTIES REGARDING EMERGENCY PIANNING AND FURTHER HEARINGS AND OTEER MATTERS In regard to the Board's Order of January 18, 1980, received by us on January 21, 1980, the Intevenors CLEETON

• it-respond by insisting that hearings on emergency planning are necessary, and that the Board and Staff have so con-curred previously. Our reasons are as follows:

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t' :1 . Emergency Planning was an is one of our original contentions which we holo is now more valid than it

. was originally.

2. This issue was re-entered into these proceedings on the-urging of the Staff and the commonwealth of Massachusetts, with the Intervenors cleeton concurring.

3. The proposed rule of the Commission is generic in nature 4

and the Pilgrim site has very unusual features in relation-ship to emergency planning. ,

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4. There are numerous citizens who have been led to believe that they_will be heard in limited appearances before the Board on thi,s issue. If these persons are not heard, then what will be the disposition of the promise to them ?

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5. Even after the rule is reviewed and promulgated, it may become necessary then to go forward with hearings to complete the record in this hearing.  !

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6. If this issue is ence again deferred to the operation licensing stage, once the plant is built, Pilgrim II may kh 1

go  !

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.not qualify on the grounds of increased population C growth or insdequacies in testing the emergency plans ,

and preparations of the Commonwealth of Massachusetts.

7. Since the new proposal involves planning out to 50 miles, emergency planning must include the metropolitan areas of Boston and Providence and all of Cape Cod, and certainly Franklin, Massachusetts where the Intervenors reside. This planning will now involve the separate jurisdiction of the State of Rhode Island.

IN TWO OTHER MATTERS OF CONCERN

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TRANSPORTATION OF SPENT FUEL THROUGH FRANKLIN, MASSACHUSETTS The new DOE orderngarding the transportation of radio-

. active wastes, new fuel and spent fuel required that spent fuel travel along Interstate, National Defense Highways.

This regulation will increase the certainty that spent fuel from Pilgrim II ( and Pilgrim I ) will have to be transported through Franklin, Massachusetts, unless it is transported through the metropolitan areas of Boston of-Providence.

Interstats 495 runs through the town of Franklin. The only other-routes away from Plymouth are 95 north or south, which are high volume traffic areas and not like-

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ly alternatives to shipping the spent fuel along 495. y 6 O

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-k The only other alternative that the Intervenor Cleetons can surmise might be possible would be to transport the spent fuel by barge.from Plymouth to South Carolina !

NRC - ALAB HEARINGS ON THE RADON RELEASE ISSUE The Intervenors Clecton previously raised the question of a review of the radon release issue related to the fuel cycle and its ultimate consequences. At that time it was stated that the NRC Staff knew of no forthcoming hearings on this issue. ,

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Now it appears that ALAB 566, 10NRC,: Dockets 50-277, 50-278, 50-320, 50-354, 50-355, and STN 50-485 has called for hearings on this very issue. They are scheduled for February 25, 1980 ALAB 566.

How will the outcome of these hearings affect the record in the hearings for Pilgrim II ? Is not a re-consideration of this issue likely after the hearings ?

Was the NRC Staff unaware of these proceedings in their previous statement to the Board ?

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A CONCLUDING STATEMENT

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The Intervenors Cleeton were unable to meet the deadline on findings of fact and law because we did not have available the professional staff and respources of the other intervenors to comp'.le a lengthy review.

However we did review all of the findings of fact and law of the Applicant, Staff and the Commonwealth of Massachusetts and are in general. agreement with the findings of the Commonwealth of Massachusetts.

If there are to be any further concluding statements

( we believe that our position has been apparent throughout the hearings and that we are not yet concvinced that the

-problems of disposition of spent fuel, the conseqiences of continuing low level ecissions in the Plymouth area and the incredibly complex factors in emergency planning and evacuation have been solved. Further, we are not convinced

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of the ap'propriateness nor the cost effectiveness of this ' form of electrical power ger.eration and are convinced that the continuing reaction and responses of the business and indus-try in the Harrisburg area of Pennsylvania are an indiacation of the real world as tc the consequences of an unpredicted b- event, occurance or accident at a Nuclear Power Plant. i g

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A .h Alan R. Cleeton Mp 4$ bbh Marion W. Cleeton cc: Service List I

',I. Andrew C. Goodhope, Esq. Henry Herrman, Esq.

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Chairman Rocn 1045 Atomic. Safety and Licensing 50 Congress Street Board Bos on, Mass. 02109 3320 Estelle Terrace Wheaton,.Md. 20906 . Mr. & Mrs. Alan R. Cleeton 22 Mackintosh Street Dr. A. Dixon Callihan Franklin, Mass. 02038 Union Carbide Corporation P2 O. Box Y Willian S. Abbott, Esq.

Oak Ridge, Tennessee 37830 Suite 925 50 Congress Street Dr. Richard F. Cole. Boston, MA. 02109 Atomic Safety and Licensing Board Laurie Burt, Esq.

U.S. Nuclear Regulatory Francis S. Wright, Esq.

Commission Stephen M. Leonard, Esq.

Washington, D.C. 20555 Assistant Attorney General Environmental Protection Patrick J. Kenny, Esq. Division Edward L. Selgrade, Esq. Public Protection Bureau Deputy Director One Ashburton Place, 19th Fir.

Mass. Office of Energy Resources Boston, Mass. 02108 73 Trement Street Boston, Mass. 02108 5

i George H. Lewald, Esq. Dale G. Stoodley, Esq. t Ropes and Gray Boston Edison Company 225 Franklin Street 800 Boyleston Street i Boston, Massachusetts 02110 Bosten, Massa'chusetts 02199 Atomic Safety and Licensing Office of the Secretary Appeal Board Docketing and Service Section U.S. Nuclear Regulatory U.S. Nuclenr Regulatory Commission Commission Washington, D.C. 20555 Washingtor., D.C. 20555 Atomic Safety and Licensing Chief Librarian Board Panel Plymouth Public Library U.S. Nuclear Regulatory North Street Commission Plymouth, Mass. 02360 Washington, D.C. 20555 Barry H. Smith, Esq. \,

Marcia E. Mulkey, Esq. .~~ ;

Office of the Executive .,

Legal Director

U.S. Nuclear Regulatory

. Commission 4' U,cwJ CA {ly.? ? _ ,,

Washington, D.C. 20555 ~ g GEN ' F VE3 4(.k ' u dq[V25' ~

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