ML20003J301
| ML20003J301 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry  |
| Issue date: | 04/27/1981 |
| From: | Ellis L, Pyle R AFFILIATION NOT ASSIGNED |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8105110229 | |
| Download: ML20003J301 (9) | |
Text
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
LllM N
, ' -j' i I i$
/'/,\\
r,N,
.i s
im
- c:nm t -:j e.; 3
)
[y i APR 3 01931
- I es' UNITED STATES OF AMERICA gs
"~S.y[I g
NUCLEAR REGULATORY COMMISSION Y-Before the Atomic Safety and Licensing Board In the Matter of
)
)
TENNESSEE VALLEY AUTHORITY
)
Docket Nos. 50-259
)
50-260 50-29fr, g _"LQ g (Browns Ferry Nuclear Plant,
)
pg i L Units 1, 2, and 3)
)
/N w,' % \\\\ h,. )' V N
s
/d [,hL1I L
'E :;f303198F 1
AMENDED CONTENTIONS
\\"
h.3,g,:gf;i"#
. e-Pursuant to the provisions of 10 CFR Section 2.714'iand /
N.
L. /'
~
the Order of this Atomic Safety and Licensing Board (the Board) the petitioners, Noel M. Beck, Robert W. Beck, Gregory Brou~gh, Alice N.
Colcock, David R.
Curott, Uvonna J. Currott, David Ely, Hollis Fenn, Richard L.
Freeman, Marjorie L. Hall, Debbie Havas, Rebecca Hudgins, Richard W. Jobe, Betty L. Martin, John R.
- Martin, Nancy Muse, Thomas W.
Paul, Michael D.
Pierson, and Tom Thornton,
[
(sometimes referred to herein as the Intervenors, Noel M. Beck, et al, or as the Intervenors) amend and supplement their respective Petitions for leave to intervene by adding the following contentions:
g]
s l
//
g 810511 o 22q
CONTENTION NO. 5 TVA's Environmental Assessment dated February 28, 1980, states, in part:
"It is the purpose of this Environmental Ascessment (EA) to consider the potential environmental impacts of the proposed low-level radioactive waste (LLRW) management plans for Browns Ferry Nuclear Plant (BFNP).
TVA's proposed LLRW management plan is three-fold.
It consists of (1) implementing the establishment of temporary LLRW storage areas, (2) installing equipment designed for volume reduction and solidification of LLRW, and (3) constructing facilities designed to safely store the LLRW generated at BFNP for the remaining operational life of the plant.
Although each segment of the LLRW management plan could be implemented independently, each is an integral part of the proposal for BFNP and all will be considered together as a single action for the purposes of this document.
This EA considers the potential environmental effects of TVA's LLRW-management olan for BFNP."
(EA page 1)
The TVA Board of Directors has committed TVA to the installation of VRS as an integral part of its LLRW management l
plan for BFNP.
On March 6, 1980 the Board approved a project authorization for S71 million for storage and volume reduction at BFNP.
The proposed schedule is for procurement and construction of the VRS to be completed in 1985 (Memorandum dated March 14, 1980 from M. R. Calhoun, TVA Director of Nuclear Power, to various persons).
l l
l l 1 L.
The EA further states:
"TVA proposes to install a VRS for BFNP.
The VRS will be in'talled to markedly expand the storage capabilities of the OSF.
The VRS is designed to incinerate resins and combustible trash.
(EA, page 11)
" Volume reduction and solidification systems are an emerging technology.
(EA, page 12)
"The VRS to be installed at BFNP will be one that is commercially available.
The volume reduction building will be sized to accommodate any of the commercially available volume reduction / solidification systems.
No significantly improved designs could be for-mulated, developed, and manufactured in a time frame that can support TVA's needs.
An alter-native VRS design that cannot meet TVA's schedule requirements is therefore an un-acceptable alternative.
The particular VRS that will be installed at the BFNP has not been determined.
However, the analysis of the potential environmental impacts of the VRS made in this EA are conservative and any system ultimately selected will have no greater environmental impacts than those desribed herein.
The OSF described in this EA will meet all the design requirements listed herein and provide safe storage of LLRW for the forseeable future.
Alternative designs to l
meet TVA's storage needs would not be available on a timely basis, and are therefore determined to be unacceptable alternatives to the proposed action."
(EA, page 14).
Petitioners contend that TVA's waste management proposals for BFNP must be considered together and that they
constitute a proposal for major Federal action significantly affecting the quality of the human environment within the meaning 1
of S102(2)(c) of NEPA, and 10CFR SSI.l(a).
Therefore, TVA's
" Negative determination" on the need for an environmental impact statement, dated April 1, 1980, was erroneous.
Petitioners adopt and incorporate herein by reference the contents of their contention number one, excluding the first paragraph thereof.
CONTENTION NO. 6 l
TVA's LLRW management plan for BFNP constitutes a proposal for major Federal action.significantly affecting.the quality of the human environment within the meaning of NEPA, 5102(2)(c) and 10 CPR SSI.l(a) for the reasons stated in Contention No. 5 and further because:
(a)
The proposed VRS will emit radioactive pollutants which will cause cancer and birth defects to the human population in the area in which Intervenors live, and which could be avoided by not including VRS as a part of the plan.
(b)
TVA has overstaf?d the effectiveness of the filters which are intended to filtet cu" the radioactive emmissions from the VRS..
(c)
VRS technology is untested and unproved in the incineration of radioactive waste.
(d)
TVA intends to u'tilize VRS for the life of BFNP.
(e)
The VRS for BFNP will be cited as a precedent for future LLRW proposals.
(f)
TVA has understated the direct costs of its VRS proposal.
(g)
Construction of the VRS housing facility is scheduled to begin in 1981.
(Letter dated July 22, 1980 from L.M.
Mills, TVA Manager of Nuclear Regulation and Safety, to Dr. W.
Emmett Barkley, N.I.H.)
CONTENTION NO. 7 TVA's pending application for LLRW storage is defective because TVA's LLRW management plan is a proposal for a facility for byproduct material which is subject to the licensing provisions of 10 CFR part 30, and especially 10 CFR S30.32, governing applications for specific licenses for activity which will significantly affect the quality of the human environment, -
and the procedures required by 10 CFR Part 30 have not been followed.
Intervenors adopt and incorporate by reference the pro-visions of their Contention No. 5.
CONTENTION NO. 8 TVA 's November 17, 1980 amendment of its license amend-ment application, to change from licensing LLRW storage from life of plant to only 5 years should not be recognized for purposes for evaluating the environmental impacts of the proposed action because the November 17, 1980 amendment was filed for the express and improper purpose of avoiding consideration of the cumulative impacts of TVA 's LLRW management plan, and to avoid other licensing requirements incident to consideration of that plan.
This is indicated by:
(a) the reasons stated for the amended application in TVA's amendment dated November 17, 1980.
(b)
NRC staff has indicated'the LLRW system is subject to licensing under 10 CFR Part 30.
(Memorandum dated July 23, 1980 from Harold R. Denton to the NRC commissioners)..
(c)
TVA is in the process of re-evaluating its LLRW EA for BFNP to assess the environmental impacts of alternatives to its LLRW management plan because of TVA staff concerns about the a<'"quacy of the EA.
(Memorandu,m dated December 4, 1980 from W.M.
Pearse, TVA Chemical Engineer, to M.E. Branch Files on meeting held November 17, 1980).
TVA should not be permitted to proceed with its licensing plans pending completion of tnis reassessment.
CONTENTION NO. 9 The environmental impacts of TVA's proposal for five year LLRW storage, if considered without regard to the rest of its LLRW management plan, are not adequately discussed in the EA or the attachments to TVA's main application dated July 31, 1980 because there is a failure to consider the costs of decommis-sioning of the storage modules or other long term disposition of j
the LLRW at the conclusion of the five year storage.
April 27, 1981.
lly submitted:
Respe ff f
0
']
1 b/f-GEROY g/.~
LLIE, III ROBERT B.
PTLE jf 421 Charlotte Avenue 4220 Nolensville Road Nashville, Tennessee 37219 Nashville, Tennessee 37211 Attorneys for Intervenors, Noel M.
Beck, et al l ;
L
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
TENNESSEE VALLEY AUTHORITY
)
Docket Nos. 50-259
)
(Browns Ferry Nuclear Plant,
)
Units 1, 2, and 3)
)
CERTIFICATE OF SERVICE I hereby certify that I have served the original and two conformed copies of each of the following documents on the Nuclear Regulatory Commission by depositing them in the United States mail, postage prepaid and addressed to Secretary, U.S.
Nucl'e,ar Regulatory Commission, Washington, D.C.
20555, Attn:
- Chief, Docketing and Service Branch:
Amended Contentions of Intervenors, Noel M.
Beck, et al i
and that I have served a copy of each of the above documents upon the persons listed below by depositing it in the United States mail, postage prepaid and addressed:
l l
United States Nuclear H. S. Sanger, Jr., Esq.
Regulatory Commission General Counsel Executive Legal Director Tennessee Valley Authority Washington, D.C.
20555 400 Commerce Avenue 3 llB 33C Knoxville, Tennessee 37902 Herbert Grossman, Esq.
Mrs. Elizabeth B. Johnson, Chairman, Administrative Judge Administrative Judge U.S.
Nuclear Regulatory Comm.
Oak Ridge National Laboratory Atomic Safety and Licensing P.O. Box X, Building 3500 Board Oak Ridge, Tennessee 37830 Washington, D.C.
20555 Dr. Quentin J.
- Stober, Jessica H.
Laverty, Esq.
Administrative Judge Office of the Executive Legal Fisheries Research Institute Director University of Washington U.S.
Nuclear Regulatory Comm.
Jeattle, Washington 98195 Washington, D.C.
20555 W.
Walter La Roche, Esq.
Office of the General Counsel Tennessee Valley Authority rnoxville, Tennessee 37902 This 27th day of April, 1981.
/
/
J LEROY J.j/ ELLIS,'III Attorney f6r Intervenors, Noel M.
Beck, et al Chancery Building 421 Charlotte Avenue Nashville, Tennessee 37219
- - - - - - - -