ML20006C499

Request for Hearing & Petition for Leave to Intervene.* Requests Hearing on NRC Consideration of Licensee Proposed Amends to Licenses

ML20006C499
Person / Time
Site:	Turkey Point
Issue date:	12/27/1989
From:	Saporito T NUCLEAR ENERGY ACCOUNTABILITY PROJECT
To:	NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20006C496	List: ML20006C499 ML20006C502 ML20006C505 ML20006C508 ML20006C515 ML20006C516
References
OLA-5, NUDOCS 9002080132
Download: ML20006C499 (7)

Text

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. ,* io UNITED STATES OF AMERICA j' NUCLEAR REGULATORY COMMISSION i

Uy((gfD In the Matter of- ) 1 Florida Power & Light Co.

') ~ Docket Nos.0 2 -3 P3 37 50-250

) 50-251

) irricr or RCliruRY 7."..Y.. O.h. 9.. ... ...f.

• Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 >

Attention: Docketing and Service Branch Re: Opportunity for Hearing on Federal Register Notice dated December 5, 1989 and contained in Volume 54 No. 232, Pages 50295 and 50296. Consideration of Issuance of Amendments to Facility operating.

Licenses and Opportunity for Hearing. . '

l REQUEST FOR HEARING AND PETITION FOR LEAVE TO INTERVENE i

Pursuant to the Commission's " Rules of Practice for Domestic I

Licensing Proceedings" in 10 CFR 2.714, the Nuclear Energy Accountability Project (NEAP) and Thomas J. Saporito, Jr.,

-(hereinafter " Petitioners"), request a hearing and: leave to intervene in the above-styled license amendment proceedings. I

1. Petitioners request that the United States Nuclear Regulatory . Commission (NRC) grant Petitioners a hearing and permit 'I Petitioners to intervene in the above-styled license amendment proceeding germane to the Turkey Point nuclear power plants as authorized by the NRC " Rules of Practice", i

2. NEAP is a corporation with its principal place of business {

in Jupiter, Florida. NEAP is an environmental organization with 9002080132 900122 gDR ADOCK 05000250 PDR J

specific and primary purposes to operate for the advancement of the ,

environment and for other educational purposes, by the distribution of its funds for such purposes, and particularly for research relative to the environment and the impacts of technology on the ,

f environment.

.3. Members of NEAP who live, work, and vacation in and otherwise use and enjoy a geographic area within the immediate-vicinity of-the Turkey Point nuclear plants, (50 miles, NRC " Zone of  :

Interest"), could suffer severe consequences if a serious nuclear accident occurred at these nuclear facilities.

Thus, NEAP and its members are significantly and adversely affected and otherwise aggrieved by the license actions describedsin tho' Federal Register Notice Volume 54, No. 232. dated December 5, 1989. NEAP is an appropriate party to-represent the interests of persons similarly situated or whose interests might otherwise go unrepresented. Some of NEAP's members who may be affected are:

Ms. Astrid Weinkle Mr. Bill Wilson 1119 Placetas Avenue 6900 W 2 Way r Coral Gables, Florida 33146 Hialeah, Florida 33014 i

i Ms. Judith White Edelson Ms. Shirley Brezenoff

11340 S.W. 70 Terrace 3765 N.W. 35 Street Miami, Florida 33173 Coconut Creek, F1 33066 NEAP will forward a signed 7 Statement. for ' Permission to Represent" from. each- affected member desiring-representation and such letters will be forwarded to the Commission A.S.A.P..for du

-consideration.

4 Thomas J. Saporito, Jr. works in and about the City of' l

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Miami, Florida as an Instructor in the field of Digital Electronics  ;

and Microprocessor Technology and he is also the Executive Dir6ctor of NEAP and regularly travels to Miami, Florida to conduct research in the nuclear field and these ' activities certainly place Mr. t Saporito within the NRC " Zone of Interest" on a regular basis of 5 to 6 days per week.

Additionally, the aforementioned NEAP members work and live in -

and - about the City of Miami, Florida well within the 50 mila NRC

" Zone of Interest"- of the Turkey Point nuclear power plants, and otherwise use and enjoy a geographic area within the immediate vicinity of those plants. '

The interests of these people and that of their families could

! be significantly and adversely affected if a serious nuclear accident occurred at the Turkey Point nuclear-plants. Thomas J.

Saporito, Jr. is'the Executive Director of. NEAP 4and an appropriate l party to represent the interests- of others, such as. the aforementioned NEAP members, similarly situated whose inthrest might otherwise go unrepresented.

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5. If the Commission issued an order authorizing issuance of l the license amendments in the manner sought by the Licensee, Florida-l Power and Light Cpompany (FPL), operation of the Turkey Point nuclear power plants units 3 and 4 would: l l

(a) Not provide reasonable assurances that the facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; i

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(b) Not provide reasonnole assurances (i) that the activities l

, authorized by these amendments can be conducted without endangering the health and safety of the public, and (ii) that such activities

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will be conducted in compliance with the Commission's regulations; I i

I (c) Not provide reasonable assurances that the issuance of' l 1

these amendments will not' be. inimical to the common defense.and ]

security or to the health and safety of the public; (d) Not provide reasonable assurances that operation of the 1

facility could be consistantly achieved in a manner which would not  !

significantly increase the probability and development of an accident previously evaluated; (e) Not provide reasonable assurances that operation of.the facility could be consistantly achieved in a manner which-would-not l

l significantly increase the probability and development of an accident una previously evaluated; (f) Not provide reasonable assurances that operation of the '

facility could be consistantly achieved in a manner which would not reduce the operating margin of safety of the plants.

6. If permitted to intervene, Petitioners would. address, but. #

not be limited to,1the following issues:

(a) That the proposed' license amendments-involve a significant l hazards consideration; ,

(b) The amendments, requested by the licensee by letter of June 5, 1989, as supplemented November 3, 1989, would replace the current custom Technical Specifications (TS) licensed in the early 1970's i

_ _ . _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ +

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i with a. set of TS based on the Westinghouse Standard. Technical Specifications (STS).

The amendments requested by the licensee would increase the probability. and consequences of a major nuclear accident because even though this license change is compatible with the NRC'and 1

industry initiative to standardize and improve TS,- it must be I realized that the Turkey Point plants, being a very early vintage, were not constructed nor designed _with the standards reflected-in the more modern nuclear plants. Indeed, the Turkey Point Units-3'and l 4 share a common control room, auxiliary feedwater system, and other safety systems, a design scheme not repeated for obvious safety reasons.

(c) The license amendments requested'by the licensee-permit relocation of selected requirements involving, items. that- are currently in the TS that meet the criteria set forth-in staff guidance provided as a part of -the' Commission's Technical Specification Improvement Program. These items may-be removed-from i

the TS and placed in some other controlled document. Once these items have been relocated, the licensee generally would be able to revise them under the provisions of 10 CFR 50.59 without a license amendment. The relaxation of existing requirements is based on e operating experience. '

The amendments requested by the licensee would increase the probability and consequences of a major. nuclear accident because-the Turkey Point units are an out-dated design and any relaxation of

existing requirements must be based soley on an operating experience germane to nuclear plants of identical design and not generic industry standards, d

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(d) The licensee's plant operator training program has failed 1 to meet the criteria of an acceptable training program as defined by the NRC. Indeed, near the end of March 1989, 50% of the NRC licensed plant operators at Turkey Point failed to pass a NRC administered requalification exam and the Turkey Point units were subsequently shutdown via a Confirmation letter from the NRC Region II.

The amendments requested by the licensee would increase the probability and consequences of a' major nuclear acdident due to the poor operator training program which hampers the operator's ability to operate the plants safely with the original set of TS, not alone a new set of TS.

(e) The amendments requested by-the licensee would increase the probability and consequences of a major nuclear accident because a voluminous NRC documented operating- history of the Turkey Point nuclear plants evidences numerous violations'of NRC requirements over the years. Therefore, reasonable assurance that the facility-will operate in conformity with the application,-the provisions of the Act, .and'the rules and regulations of the Commission, does'not exist.

7. For all the above stated reasons and because operation of the Turkey Point nuclear plants'outside of'the TS and design 1 basis could result in a core meltdown accident that could kill and injure

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tens of thousands of people in the Miani area, Petitioners request I

the Commission to grant their request f5'r a hearing and Petition for  ;

l Leave to Intervene. .

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l Res actfully submitted.

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Thomas J. Sapor 1to, Jr.

I Executive Director Nuclear Energy  ;

i Accountability Project 1202 Sioux Street l

' Jupiter, Florida 33458 (407) 743-0770 Signed this 27th day of December, 1989 in Jupiter, Florida.

l l cc: Office of General Counsel U.S. Nuclear Regulatory Commission l

Washington, D.C. 20555 i Harold F. Reis, Esq.

! Newman and Holtzer, P.C.

1615 L Street, NW Washington, D.C. 20036

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