ML19309A493

Request for Suspension or Moratorium on Issuance of OL for Facility,Pending Conclusion of ASLB Hearing on Safety of Spent Fuel Storage Pool at Unit 1.Notice of Appearance of Cj Valore on Behalf of Intervenor Encl

ML19309A493
Person / Time
Site:	Salem
Issue date:	03/25/1980
From:	Donelson S LOWER ALLOWAYS CREEK, NJ
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8003310363
Download: ML19309A493 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'IN THE MATTER OF  :

PUBLIC SERVICE ELECTRIC & GAS COMPANY'S - SALEM NUCLEAR  :

GENERATING STATION UNIT #2 REQUEST FOR SUSPENSION OR MORATORIUM ON THE ISSUANCE *

,  : ON THE OPERATING LICENSE FOR SALEM UNIT #2 TO: Director of Nuclear Reactor Regulation i 1717 H. Street, N.W. l Washington, D.C., 20555  !

1. The Petitioner, Samuel E. Donelson, is the a

Mayor of the Township of Lower Alloways Creek, a municipal unit of government in Salem County, N.J., and an intervenor in the matter of Public Service Electric & Gas Co., Salem Nuclear Generating Station, Unit #1 - Docket #50-272. The  ;

aforementioned intervention involves the application by the utility to place dense storage racks in the spent fuel pool at Salem Unit #1 and similar racks in Salem Unit #2.

The practical effect if the application for reracking is granted will be to increase spent fuel storage from 264 spent fuel assemblies to 1,170 spent fuel assemblies. If the operating license for Salem Unit #2 is granted the enlarged spent fuel pool will permit 1,170 fuel assemblies to be stored at Salem Unit #2. s r

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The Atomic Safety & Licensing Board'in the 2.

Salem Unit #1 proceedings - Docket #50-272 has propounded various questions predicated on concerns of safety and health.

The hearing is scheduled on April 28, 1980 and testimony is to be submitted on the following question:

5th Question:

"In the event of a gross loss of water from the spent fuel storage pool at Salem 1, what would be the difference in consequences between those occasioned by 1 the pool with the expanded storage proposed by the Licensee and those occasioned by the present pool?"

3. The Petitioner verily believes it would be arbitrary, capricious and unreasonable to issue the operating license for Salem Unit #2 which would permit the same enlarged spent fuel pool that is subject to an ongoing hearing at Salem Unit #1 prior to the conclusion of the hearing on the Salem Unit #1 application for spent fuel storage enlargement.

4. The enlargement of the spent fuel pool at Salem Unit #1 and the potential long term - defacto storage of spent fuel at Salem Unit #1 and #2, has never received environmental analysis as required under the National Environmental Policy Act. The Nuclear Regulatory Commission has taken a position that enlargement of spent fuel storage capacity and storage of spent fuel at reactor sites through-1 t

out the country does not require a NEPA type of analysis. l l

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4 Instead, negative declarations of environmental impacts pursuant to the Code of Federal regulations have been filed in each license procedure by the NRC. The Petitioner contends the NRC has failed to comply with the National Environmental Policy Act on the impacts of nationwide storage of spent fuel at reactor sites and particularly at Salem Unit #1 and #2. The operating license for S,alem Unit #2 should not be issued until this National Environmental Policy Act environmental impact statement is prepared and issued by the NRC.

5. 10 CFR 2.200 permits any person to request requirements or such other action has may be proper in respect to a license for a nuclear facility. The Petitioner has attempted to raise this issue in the matter of Township of Lower Alloways Creek v. The United States Nuclear Regula-tory Commission, Civil Action, #79-1129 and in the Spent Fuel Confidence Rulemaking Proceeding, $PR-50,51(44FR61372).

The United States District Court Action was dismissed and at the first prehearing conference in the waste confidence proceeding the Petitioner was advised by legal counsel for the NRC on the record that a NEPA type analysis of spent fuel storage at reactor sites would not'be undertaken by the NRC in that proceeding.

6. This request specifies the following requests of actions:

. n . 1 A. The operating license for Salem Unit

1. 2 not be issued until conclusion of the hearing before the Atomic Safety &

Licensing Board on Salem Unit #1, Docket

1. 50 -272 is concluded, and B. the operating license for Salem Unit #2 not be issued and any amendment to the license for Salem Unit #1 not be issued to permit enlargement of the spent fuel pool until an environmental impact statement for storage of spent fuel at Salem Unit #1 and Unit #2 pursuant to the National Environmental Policy Act be completed I by the NRC. Alternatively, a generic environmental impact statement dealing with storage of spent fuel as a national policy of temporary or permanent storage of spent fuel which has been and is being accomplished at nuclear power facilities throughout the United States.

f o____._O M SAMUEL E. DONELSON, MAYOR TOWNSHIP OF LOWER ALLOWAYS CREEK SALEM COUNTY , NEW JERSEY i

Dated: March 25, 1980

UNITED STATES OF AMERICA I NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD IN THE MATTER OF PUBLIC  :

SERVICE EIECTRIC & GAS COMPANY'S SALEM NUCLEAR  : J GENERATING STATION UNIT #2 NCTfICE OF APPEARANCE ON l

BEHALF OF PETITIONER SAMUE L E . DCNELSON PLEASE TAKE NOTICE, that Carl J. Valore, a member of the firm of Valore, McAllister, Aron, Westmoreland &

Vesper, P.A., 535 Tilton Road, Northfield, N.J., OC'45 member of the bar of the State of New Jersey and admitted to practice before the United States Supremem Court and the United States District Court , District of New Jersey, appears as Attorney of Record for the Petitioner, Samuel F.. Donelson, Mayor of Lower Alloways Creek Township, Salem County, New Jersey.

Res full ubmitted, ALORE March 25, 1980

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