ML19309E813

Forwards from Sensible Me Power Legal Counsel Tupper.Counsel Takes Issue W/Nrc Stated Purpose for Meeting to Discuss Group Role in Util Request to Expand Spent Fuel Storage Facility.Requests Comment on Tupper Ltr

ML19309E813
Person / Time
Site:	Maine Yankee
Issue date:	03/07/1980
From:	Cohen W SENATE
To:	Kammerer C NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
References
NUDOCS 8004240435
Download: ML19309E813 (4)

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Dear Mr. Kammerer:

L Enclosed is a copy of a letter I E

received from Mr. Stanley Tupper, legal LI j

counsel to Sensible Maine Power.

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Mr. Tupper takes issue with the NRC's

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account of the purpose of its meeting E

with Sensible Maine Power in Boothbay

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Harbor, Maine.

Mr. Tupper's objections are based on my description of the ll.gi NRC's purpose for the meeting in a

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letter to Mr. William Byers which I have enclosed in pertinent part.

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the publisher of the Boothbay L

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I would appreciate it if you

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would comment on Mr. Tupper's remarks

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Thank you for your co=ments on the~ proposal to enlarge the capacity of the scent fuel storage facility,at,the Maine Yankee Ato=ic Power Station.

You =ade'several interesting point.s..in. yo.ur le.tter which I would lik.e.to take this opportunity to discuss. y ;.

Io begin with, you nete that you recently attenfed a meeting with

" representatives' of the nuclear n.. gale.tery,Co==ission (URC).where questions about the proposed expansion were raised.. You were' troubled that the meeting was not publicised because it was, held for the benefil: of 'the public. Others shared your concern on this p51nt',, and so I wrote to,the NRC to deter:.ine why t'Te public was not alerted'to" the'=eeting.

I recent-ly received a response to cy inquiry, and think you will be intereste,d in,'-

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. - "" T--l The NRC said that the caeting was arranged after Sensible Maine Power (StG), an anti-nuclear group, had petitioned the NRC to submit testi=eny opposing the proposed expansion of the sborage tanks.' ~ The purpose of tho' -

neeting was to acquaint the me=bers of SIP with the procedures to be used in making its case before the Ato=ic Safety and Licensing Appeal Board, the entity within.the N.RC..e:powere.d t.o m.ak.e the prei kha.:y ruling on the F.aine Yankee application..e. < r

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-r As so conceived, then,.the meeting was to be' akin' to 'a' pre--t:railf.-

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hearing between liuigants wherein the group rules which will be used in court are set' forth.. Consequently, the representative's'of,lthe NRC 'were surprised both at the nu=ber of persons attending the meeting and by the prasence of ne=bers of the press. The NP.C assured me that in the future it will make the character of every r,eeting well known' to, the participsnts to avFsd the confusion it encountered in Maine.--

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The Maine Yankee applica. tion itself is illustrative of. the larger' unresolved q'cestion of what to.,do with nuclear waste and spent fuel. Tlie problem is exceedingly knotty bec'auce the. en..t. ire program.for developing.

and building light wa.ter nuclear. react.. ors. i. n. the United Sta.te. s."was pre...

. dicated on t.he assumption.. that,the spent fuel produced in "each pla.nt.woul'd

'*be re.crocessed.

Doubts about the. wisd.om 'o.f' rep'ro'ce'ssing* hi.ve nce..ch'an'ge'd that ascu=ption and created so:ne probler.s, for the operators",of nuclear

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TUPPER & BRAoLEY fROD.a t;iiL ;,u. n.*..N 4 arvoascvs av Law sca TOWNSEND AVENUE sootms&v namson. MAINC 04Sas

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3t Honorable William S. Cohen k]h*

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Dear Bill:

Mr. Wm. L. Byers of Newcastle, Me. sent me s copy of a letter froa you dated Feb. 20. 1980 in reference to Maine Yankee Atomic Power C9c NRC apparently told you that a recent meeting in Boothhay Harbor, Me.

with three of their staff cembers and SMP had been" arranged" af,ter SMP's intervention against MYA's application to store nore spent fuel in its on-site pool, and for the purpose of acquainting SMP.with pro-cedures.

It should be emp'2atically stated that the meetin5 was iiot SMP's idea; that it was ord9 red by NRC, ' SMP believed that it was adequately in-formed as to N70 procedures. Indeed as it turned out SMP knew con-siderably cora about MYA's application than the NRC staff. The thrse NRC staff me.nbers told SMP and the press attendin5 that MYA would hav to Eo before the NRC still another time before it could actually i.n-crease spent fuel capacity at the plant. A simple readin5 of the appl ation indicated that this was in error and on th'e fo11owin5 day NRO admitted its error,- indicating that it was not attempting to deceive I believe them, and simply think they weie ill-informed as to the MYA application. NRO also informed the Maine press of its incredible erro This was not in the nature of a pre-trial conference; the first spect prehearing conference was to be held March 12, 1980 at 3ethesda., but throu5h motions by SMP and the Stata of Maine has been postp ned to May 12, 1980 and at discas. set, Maine instead of Bethesda.

What the real purpose of this meeF - was is difficult for ce to infg NRO asked SMP to have at leest 12

' its members present. I advised SMP that it should not publicine NRC's meeting so as to not prejudicG its status'as an intervenor. However, I firmly believe that NRC shou) have fully notified the public through the news =eciia.

NRC nas alrea apaio31zea to rne nootnoay nesister for ra111ng to inf orm the press.

I believe this affair is symptomatic of NRC's current confused and leaderless status. The three individuals comin5 to Boothbay Harbor were most pleasant, courteous, and sought to be helpful; they stated that they were impressed with SMF's knowledge of the subject matter.

While in any group of nore than 500 people there are those who get"a

" bit carried away", by and larse this is a middle-aged establishment representing families who have lived in this area of Maine for a nu$

of generations.

It makes sense to me to delay building more nuclear plants until safg and waste disposal problems haveebeen. solved; logically, we should c3 olddr, less well-designed plants,until these same prob 1e'.:s have been t

ew.1

. MYA will eventually be converted to a coal or multi-fuel plant; the transmissie

_ines and much of the existin5 facility could be used.

The reactor sill be entombed in the safest manner then possible.

This conversion will come about either through an accident at the plant:

or throu5h a decision of the sponsors of MYA.

Maine Yankee Atomic Power Company acknowledges in its report to the SEC.

for year ending Dec. 31, 1978 (Commission file # 1-6554) the possibilit, LeSalProceedin5s,"Theoperationofexistin5nuclearunitsandtheco of a multiplicity of lawsuits. Quoting from its own report ITEM 5-3 struction of nuclear units presently planned in the U.S. continue'to be subject of public controversy. Various Eroups have filed law suits and participated in administrative proceedings claiming that the pres'nt e

state of nuclear technolo5y presents risks to public health and safety to the environment.

In addition, certain of these groups have propose @

restrictive le5 slation relatin5 to nuclear power.

Some of the claims 1

made by such Sroups, if they should prevail, or the existance of the ce troversy itself, could cause substantial modifications to or extended shutdowns of plants presently in operation."

Thank you for allowin5 me to share some of my thou6 hts with you.

With kind re5ards.

Sincer ly,

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Stin upper

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