ML20012E684

From kanterella
Jump to navigation Jump to search
Requests Full Hearing on Operations,Waste Disposal Protocol, & Nature,Extent & Effects of Effluents & Emissions of Plant Prior to Any Consideration Of,Or Decision W/Respect to, Restart of Reactor.Full Risk Assessment Also Requested
ML20012E684
Person / Time
Site: 05000054, 07000687
Issue date: 03/08/1990
From: Edelstein M, Fazzino J, Goldberg L
ORANGE ENVIRONMENT, INC., PESTER, GOLDBERG & SCHIFF, RADIOACTIVE WASTE CAMPAIGN
To:
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20012E676 List:
References
EA, EA-90-033, EA-90-33, NUDOCS 9004060109
Download: ML20012E684 (14)


Text

a; y,

. h.

[Q ' Radioactive. Waste Campage ***Mgr=

625 Broadway,2nd I'loor uz)

REQUEST FOR HEARING AND PETITION FOR LEAVE TO INTERVENE AS AWM 13 P3 :38

' Patrick J. Malloy Ixecuttre D:wtv March 8,199fgCdfOiIckN.NI f

HUd:Cli la g

4 Secretary O'

po0 ETED United States Nuclear Regulatory Commission

.7 W 231990 L

l Att: Chief, Docketing and Service Section l

White Flint North CH 11555 Rockville Pike

@ SERSECY NRO Rockville, M.D.

20852

(

j Re:.CINTICHEM, INCORPORATED 3

Docket Nos. 50-54 1

70-687 License Nos. R-81 SNM-639 EA 90-033 To The Secretary:

Pursuant to section 189(a) of the Atomic Energy Act, 42

.U.S.C.

52239(a)(1), and 10 C.F.R. 52.714, the Radioactive Waste Campaign'("RWC") and Orange Environment, Inc.

("OEI"), hereby request a hearing with respect to Nuclear Regulatory Commission Order #EA-90-033, dated February. 13, 1990.

That Order required-Cintichem, Inc. Immediately to terminate operations at its 4

molybdenum-99 manufacturing plant located at Sterling Forest, New

)

York, pending the operator's. submission of plans-for the 1

identification, repair and monitoring of any leaks or defects in the plant's containment of radioactive material.

While we are in full support.of that portion of the order mandating an immediate shutdown of the plant, we respectfully request that a full hearing on the operations, waste disposal protocol and the nature, extenc and effects of the effluents and emissions of the plant be held prior to any consideration of, or decision with respect to, the restart of the reactor.

Furthermore, we note that the original operating license for the Cintichem plant was issued in 1960, ten years l

before the effective date of the National Environmental Policy Act.

Because a) the Commission's order requires substantial changes in the operation of the plant; b) those changes may have I

a significant effect on the environment and c) upon information

~

and belief, no environmental impact statement has ever been l

9004060109 900323' 1

PDR ADDCK 05000054 O

PDR

y t dg '-

prepared-with respect to the plant, we request that a full risk assessment or environmental impact statement be completed for the Cintichem plant prior to or simultaneous with such hearings, and prior to any decision to allow the reactor to restart.

In particular,-we would like to see this study examine the risk associated with the age of the reactor, the probability of release-and accident, the potential impacts of release to the r

Indian Kill Reservoir,- the potential impacts of radioactive release on downstream water resources used extensively by the Northern New Jersey Water Authority and potential risks for residents living in the area of the plant.

The study should include an analysis of potential avenues of-release, the scope of.

air and watersheds, as well as worst case scenarios.

Finally, the study should include an historic assessment of off-site releases of radioactive isotopes, with testing of area soils if indicated.

We believe that such an assessment would complement the program of research required by your order.

Of particular concern are the untreated and unmonitored releases of noble gases into the air, the condition of a now inactive 1.1 acre radioactive land fill and the lack of a decommissioning plan for the plant.

We further believe that this research would be useful in helping the New York State Department of Environmental Conservation and EPA evaluate the SPDES and State air emissions permits that are presently under review.

Particularly, we request that you coordinate consideration of environmental impact and permit conditions with the DEC.

See 40 C.F.R. S1506.2 and 6 N.Y.C.R.R. S5617.6 and 617.16.

The study would also be of great potential benefit in evaluating the suitability of development within the Sterling Forest properties, a topic now in the planning stages.

In support of this step, we note for the record that currently some 100 residents are dependent upon the Indian Kill Reservoir.

We further refer you to the document entitled l

" Initial Baseline Report: Summary of studies in support of the Comprehensive Plan for the Preservation and Development of the Sterling Forest Community" issued in February 1990 by the Sterling Forest Corporation.

Accordirg to this document, large scale development of the Sterling Forest area is contemplated and will rely in considerable part on an estimated yield of 1.2 MGD of water from Indian Kill Reservoir.

We believe that these matters of potential environmental and social impact require a risk assessment before restart and that a hearing is more than justified in this instance.

We look forward to hearing from you on this matter.

Upon granting the request for hearing, RWC and OEI hereby petition NRC for leave to intervene as parties.

With respect to the criteria enumerated in 10 C.F.R.

S2.714(d), please note the following:

2

P?

n,

~ l n

-Orange Environment, Inc. is a non-profit, tax-exempt organization based in Orange County, New York.

Numerous members of. Orange Environment live in the Towns of Warwick and Tuxedo and in areas proximate to the Cintichem facility.

Orange Environment, Inc. has taken an active role in addressing a range of environmental issues in the County and in the area in question.

Orange Environment has previously intervened in administrative hearings on behalf of thecitizens and the environment of Orange county.

-The Radioactive Waste Campaign is a national non-profit environmental education group.

The Campaign focuses on educating citizens and elected officials on the hazards of radioactive materials.

At least 50 supporters and 3 board members of RWC live within a ten-mile radius of the plant.

Members of the Radioactive Waste Campaign have presented testimony before Congress and at permit hearings of the NRC and Department of Energy.

The Campaign acts on behalf of citizens who~ live in areas surrounding DOE or nuclear reactor facilities and potential nuclear waste dump sites.

Restart of the plant, without maximum consideration of the impact on the environment and_the health and safety of proposed intervenors' members arising from plant. operations,

" incidental" releases of radioactive materials, and.the history of'on-site disposal, will adversely affect the interest of our organizations.

Thank you for your responsiveness to this matter.

Sincerely, Orange Envi by M c ael R.

Edelstein, Ph.D.,

RD2 Maple Ave. Goshen, NY 10924 914-294-5023(h) or 201 529-7745(w)

Radioactive Waste Campaign ti2A> YM by Iban Fazzino, Projects Director 625 Broadway, 2nd floor New York, New York 10012 212 473-7390 Pejs er, Gold %fg Schiff 61awAA* u. W -

4 by Lawrence A.

G d erg, Esq.

4 Attorneys for Proposed intervenore RWC and OEI One Old Country Road Carle Place, New York 11514 516 746-4111 3

,.o m[

[in d',1

]

s,pu' 1

4

' s ces -

Director, Office of Enforcement

~

US Nuclear Regulatory Commission

. Washington ~,,DC 20555 iAssistant[ General Counsel for Hearings and. Enforcement

=US! Nuclear Regulatory. Commission

. Washington,!DC 20555-

. l Regional Administrator US Nuclear-Regulatory Commission-

~

Region I 475 Allendale Road King of Prussia, PA 19406

{

Susan Quine NYS Department of Environmental Conservation Office:of:the General counsel 50 Wolf: Road, Rm,~608 i

Albany, New York 12233 e

~k s

't

- 4 4

.n--

y e-r

,,w---


et--

- - - -+

" 31 J

+ #;

1

,y\\*

UNITED STATE 8

' NUCLEAR REGULATORY COMMISSION

- {-

waswiNoTON. D. C. 20608 FE8181990 Docket No. 50-54 70-687 License No. R-81

)SNM-639 t

Cintiches, Incorporated ATTN: Mr. James J. McGovern

-Plant M6 nager P. O. Box 816 Tuxedo, New York 10987 Gentlemen:-

Subject:

0RDERMODIFYINGLICENSE(EFFECTIVEIl9tEDIATELY)

Enclosed is an Order Modifying License, effective immediately. This Order requires that the. facility remain shutdown until you have identified and fixed existing leaks at your facility that have resulted in the release of radioactivity to an-onsite retention pond.

We recognize that suspension of your NRC-licensed activities may impact the delivery of medical care.

Therefore, please' keep the Regional Administrator,

-Region I, informed of the impact of this Order on the ability of the medical community. to obtain radioisotopes.

In accordance with 10 CFR 2.790 of the NRC's'" Rules of Practice," Part 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosed Order will be placed in the NRC's Public Document Room.

The responses ~ directed by the accompanying Order are not subject to the clearance procedures of the Office of Management and Budget, as required by the Paperwork Reduction Act of 1980, PL 96-511.

Sincerely,

)

/

Hug L.-Thompso J r.

D p ty Executiv Di c r for Nu lear Materials ty, Safeguards, and Operations Support

. h 'o }

Enclosure:

Confirmatory Order O

AQ '

L CERTIFIED MAIL RIVKii1t tHR REQUESTED T

y9 9

9 4-.-

w

--w-ry

s Cintiches, Incorporated-2 cc w/ encl:-

T. Vaughn, Manager, Health Safety and Environmental Affairs M. D.' Johnson, Reactor Supervisor D.'D. Grogan, Manager Radiochemical Production W. G. Ruzicka, Nuclear, Operations Manager-Dr. William Vernetson, Director of Nuclear Facilities,

~

University of-Florida PublicDocumentRoom(PDR)

Nuclear Safety Information Center (NSIC) t State of New York l

i 4

e J

7 l

r

,~

UNITED STATES

-NUCLEAR REGULATORY COMMIS$10N Cintiches, Incorporated Docket Nos.

50-54 P. O. Box 816-70-687 Tuxedo, New York 10987-License Nos. R SNM-639 EA 90-033 ORDER MODIFYING LICENSE (EFFECTIVEI!WEDIATELY)

I Cint1 chem, Incorporated (the" Licensee")istheholderofLicenseNos.R-81and SNM-639. License No. R-81 and License No.~SNM-639 authorize the Licensee to produce and process radioisotopes.

License No. R-81 was issued by-the Nuclear Regulatory Comission (the "Comission" or "NRC") on September 7,1961, was most-recently amended on March 14, 1989, and is due to expire on June 30, 2000.

License No. SNM-639 was most recently renewed by the NRC on.0ctober 19, 1984, was most recently amended on May 17, 1989, and is currently under timely renewal, Other activities involving radioactive byproduct material are conducted at this site under the authority of the State of New York.

II L

On February 9, 1990, the Licensee reported to the NRC Region I office the i.

identification of an unmonitored release of radioactively contaminated L

water from the facility's reactor building to-aii2 site retention pond.

4[0*

-0df Y.

v =;

y ~ +

^

.i 2

The rapid and unexpected buildup of radicactivity in the retention pond, combined with the increase in the pond level due to rainfall the night

.of February 9 and the morning of February 10.. indicates a significant potential for radioactive releases in excess of regulatory limits. ' An NRC inspection team was dispatched to the facility, and arrived at the facility.

on the evening of February 9,1990.

Subsequently, the team was informed that the uncontrolled release of radioactivity to the pond apparently resulted from a failure of part of the concrete wall of the gamma pit.

(The g6suna pit is a' water-filled pool which is used for the temporary storage of radioactive -

material.)

Subsequently, on February 12, the Licensee informed the NRC inspection team that another concrete vessel on site, namely, the holdup tank (which is located in the reactor builcing and which is used to e.llow the decay of short-lived isotopes in the reactor coolant),=also apparently had develuped a leak.

The foregoing relates to matters subject to the NRC's jurisdiction'.

III The concurrent identification, within a very short time period, of the failure-l of two concrete vessels, resulting in the uncontrolled release of radioactively

=

i 3

contaminated water to the site environs, demonstrates that the Licensee cannot presently provide reasonable assurance that continued operation under its

[

licenses will be in compliance with Commission requirements. Therefore, continued operation of the facility without additional action is inconsistent f

with the Cosmission's requirements.

In view of the potential risks to the public from uncontrolled releases of radioactively contaminated materials from the facility, I have determined, pursuant to 10 CFR 2.204, that public health, safety and interest requires that this Order be made immediately vffect:ye.

IV Accordingly, pursuant to Sections 57,104,16;b.,101c.,1611., and 161o.,

182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission %

regulations in 10 CFR 2.204 and 10 CFR Parts 50 and 70, IT IS HEREBY ORDERED, THAT LICENSE fl05. R 81 AllD Snit-639 ARE MODIFIED, EFFECTIVELY IMMEDIATELY, AS FOLLOWS:

A.

The reactor remain shut down until such time as the Licensee:

1.

Submits to the NRC, for its review and approval, a plan to:

l l

.. _[..,_

i L,'

i 4

q l

J a.

Promptly identify, by inspection, existing locations of leaks of radioactively contaminated material from the facility; b.

Promptly repair all existing leaks, and assure their effectiveness; c.

Estabitsh and implement a monitoring program to assure the prompt identification of future leaks of radioactively i

contaminated material from the facility; i

I g

2.

Implement the plce; and l

3.

Notify the NRC, in writing under oath or affirmation., that the L

plan has been completea, onc the Regional Admi't.istrator, Region 1, E

6uthorizes restart of the reactor.

B.

Following authorization for restart pursuant to paragraph A.3 above, the Licensee shall implement the monitoring program approved pursuant to paragraph A.1.c.

j C.

Within 90 days of the date of this Order, the Licensee shall submit to I

the Regional Administrator, Region I, for review and approval, a detailed plan for identification of the root causer of the undetected and uncontrolled leaks of radioactive material, as well as any structural deterioration of the structures, systems, and components. The plan l

shall include a schedule with appropriate milestones.

r i

. l,,

.~

5

{

D.

Upon completion of the plan set forth in Section IV.C a report shall be submitted to the Regional Administrator, Region I, which describes the i

resultsobtained,andcorrectiveactionstakenorplanned(with

~

milestones) to address the identified problems.

i I

The Regional Administrator, Region ! may in writing relax or terminate all l

q portions of the order for good cause shown.

~

y The Licensee, or any person who is adversely affected by thts Order, may request a hearing within 30 days cf the date of this Ordsr. A reqest h?

hearing should be clearly urked as a ' Request for Hearing" and sna.1 be submitted to the Secre?.ary U.S. Imcltar Regule. tory tonm!st, ton, Wsshingtns, t

D.C.

20555, Attention:

Chiei', Docket Ing aid Sarvice Sectico.

Copic, of the l

hearing request also shall be sent to the Director, Office of Enforcerent, j

U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, to the Assistant L

General Counsel for Hearings and Enforcement at the same address, and to the Regional Administrator, Region I, 475 Allendale Road, King nf Prussia, Pennsylvania 19406.

If a person other than the licensee requests a hearing, that person shall set forth witn particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in10CFR2.714(d).

In the absence of any request for a hearing within the specified time, this Order shall be final without further Order or proceedings.

l A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS n

~-

e-r

, - - -. _, ~

,?

i

?

4 l

i 6

l If a hearing is requested, by the Licensee or a person whose interest is adversely effected, the Commission will issue an Order designating the time and place of any hearing.

If a hearing is held, the issue to be considered i

at such hearing shall be whether this Order should be sustained.

FOR THE NUCLEAR REGULATORY COMMISSION j

\\

44 Hugh.. Thompson, r.

De Executive tre r for Nu ear Materials Safety, Safeguards, and Operations Support 1

Estod at Rockville, Maryland i

tirit pgg2{ day of r Sruary 1990 e

f i

(

~

l e

i

'(-

y y

p A.y.

-. y' yf.. l 7pi Vol. 6NoMFW'*" ' S'F ~ * mJ Itueled "OitA personalinformatme concerning,,,2,,,, For the Nesisarhi$ cooleet)lWio~e%eisenghi'd n

)

' 2:l VFD

  • a leak.

8'hm" 933 to IM individuals associated with the.

LG. Toenger.'

proposals, hoe mattere are witidni

. ActagDireesor, ho/ess furessasser J/-ri *h nietestomeg 03I:

3 exemptions (4) and (6) of EU.S C.....

Dimien of AsoceerMosheer fM offlee ofd subfeet to eZP--

g

. pm4.c w ps wTae a6cftsv

%3b[c), Government in the knaMne.

, Nuclear Asocior Argulosiam

.m>

6 "hld* ***' yMacossW Act.

r o n ' ' (

' (Ill Doc. 90-463e riled s-s-em ke am} I Dated: February 23.198o..

satasocosa m a

  • e N ewanHdentl6cados, wM %

M' Rebecca Wi=Lt.,

J W

  1. me Period.O MM

~.

l

/

two concrete vessele. neeltlag time W y

c-.

ComimrtrefornosemerrtOffker.,

V g gg, g,,,' "i uncomlied shw d emboos

,,,,3s

[FR Doc. 90-u26 Filed 2 eat 448 am) m m non6M D M 1 contaminated water to the site

,- dessonstrates thee the Wesesse.estelseul sume essa me.sws e ~.:

m,q presoner providd toeseusbid essepthagib C1nuehem,Inc.: order Modifytn8 Ucense Effsettve immedieletY that continued operation underles'403 t"f NUCLE.AR REGULAT0ftY..

.?

licensee w611helei -

= wth6C

~ '

u COMMISSION

.m

,,.,.,,3

.. ;, *.a. Commission respdresseints.11mpetussA!9' i

[Deeket Isa. 60-8a41 Cintichem. Incorporated (the continued operation of the fasenyr'trd "Ucensee")is the bolder of Moonee N6s., without additional action is inesmalsesse'

.s Caroline Power & Ught Ce4 -

R-81 and SNM-630. Uoanne No. R-81 with the Commission's requiM m mtherewalof Appeeseenser '

and ucense No. SNM-639 authonse the in view of the potentistriebs.4p-the,.6 Amendment to Feellity Operating Ucensee to produce and process public from uncor trolled relamaan af l

Ueense;Stunswlek Steam Electric radioisotopes. Ucense No. R-41 was radioactively contaminatsd aneled. 'g' i

Issued by the Nuclear Regulatory from the facility.lhave detehtand'#']

Plan, Unit 2 i

The United States NuclAr Regulatory Commission (the " Commission" or pursuant to 10 CFR 2.204, tha,t pub.lfb

%'RC *) cn September 7.1961, was most health, safety and interest iequires tfisD t

C i

h CMM hm recently amended on March 14.1981L this Order be made immedistW-gra t d t January 11.198g request of Carolina Power a Usht Company (the

{n a du tbp No 3 wa m t c'ntly

" w# U"""U IV nvidai 41:ensee) to withdrew their apph; cation renewed by the NRC on October to..

nd tut d n

%.as for a 1984, was most recently amended on h:cordingly. persuant to sect 6snes,'

e,A e

May 17.1980, and la currently under 1(K. Itnb 181c 10E and161a..las..at l

Nov2mber 3,1989 au Novaanber :7 5000, for the Brunt eck Steam Electric umely rewwal. Othn acudues and186 of the Adesc Faiww hasfat d involving re6cactive byproduct 19fA a6 amenderl end the Condamnag's.

Mant. Unit 2 l8tvasmch) located in material are conducted at this site under regetstioca in 30 CHAL194 and 38G% 2 i

Brunswick Cov9ty, North Coroline. De tha authority of the Stato af New York.

pa rts art and 70,.'t a3 MwMbelarusf.. ~.)

nroposed ame'.dment wra for r. one-D*WC*****M 'd @M N iime watver na performbs a Type A II am modtfied, attectively i-Jos i

contalamcat intenanted leak rate test On February 9.1990, the Ucensee fallows;

., p-g mu a..

t refuel onlauuebouta e"of ^reported to the NRC Region I office the A.1h resotoesamnits siistdomedk.

' th otice e Cott identificetion of an unmonitored release snah t' no as theueenase:

nro esvo!M

-Cor. sider ation of Jesu:ance og of radioactive contaminated water from

1. Submis to the NRC, heits useme!> '.

4hnendrneut in the yrderal Register on Octcber 6,1989 l54 FR 4135e). By letter the facihty'a reactor building to an a*.d approval. e plan t,g y.. c. rr.

088It' "I'"UO" E0"d*

a. Promptly identih, by inhdoid dated January it.1990, the licensee withdrew their application for tne The rapid and unexpected buildup of costing locations of leaks (4 proposed amendment,1he basis for radioactivity in the retention pond.

radioactively contaminated nitorialWU l withdrawal of the appilention was the combined with the incronesis the pond ~ from the far'.ltry;' - m' m a e

licensee's determinetion thatthe-level due to rainfallthe might af w.

b. Prompdywpsir all T3 containment integrated leak rate test Feb:very 9 and the morains of February aad assum their eMecOveneser.. p;un.e Q',
10. Indicates a significant potential for.-..
c. Establish and bspieraant sl?@&

'04 should be conducted during this,7..,... ' radioactive releases in excess of refueling outage. ' ' ~l

  • prompt @g juegram toesserethFoffate A similar request for an[,e,d,4xemption to regulatory limits. An NRC inspection monitorin

- i-to CIR part 50. appendix J.*es also team wea dispatched to the ionihty, andi mdfo siinkmhekdmehrteFUd withdrawn by the Januaryjt.1990.

arrived at the facility on the eenning of - from the.a fa

" 8 " *"

W 4 f,dni eplatu an, g,rppal

'*"*F*

February 9.1990. Subsequently,the team i

letter'further details with respec'tEthis'was informed that the uncontrolled

2. laipl,,,

For action see the application dated fune14., releasenf redioactivityleAxi _ ~ al.

3. Notify the 3SC. in writing ~~or affirm 4

1989. as supplemented Angiist2t/1989, apparendy resulted fhnn9m oFa

,a Part of the enenneteseallof thp samme compieted,and the sal! olgdet November 3,19ee and Novembee 27.D'd. j pit. (The gemme pit is FWeitfne4fDed pool. 1.Adanniet

,J t -

1989. and the licensees letter of""d" withdrewal dated January It 19eo.'the which is esed for t!w temporeiVeteroge

. restart of the reaeter.al; #

lbol above are avellable for pob84 hW l of radioactive material,L_,'."igi,*_:,

3; pew 4embestseelds inspection at the Commiseles/b Public '. Bobsequently, as Pebruary 12. ths..t.

pursuant to pusegaph A.3 abasertban.i)

Document Room. 21:01. Street NW.; "

Ucensee informed the NRClaspection.

Ucansea aballimplement the manienstas; Washington. DC and at the UAleereltp of team that amasar concreeeressoal en f. ; program ' ppeweed persuant 9eFoMm br:t -

a Sets @@pg l

vibal site.namely, tim tenE Q*

North Casolina at Wilminstant4WIDimes ' ; located km,,the College Road. Wilmingtourteettolhrbni ! ' hich is used to abide gofm. 4.4_

, # = yg ndthe

'g Medioca Randall. Ubvery;sp@lW,1 i

w c

ThBiroshhsistetheg3c, short. lived footopes in the seactor Regicaal' Adelaistrator. Raphen 5.fierNI 'l Carolina.

n n 4 " } * '"

.m.f.3 l

j Q.l Mumie NQEN/4A

, dd$Itdl

/ Vol. '55..No[jelt' mv6ew and V' proval *e deemiled plan for loostet tes'sp.4eeP"#' N peds "*Yrkt'sUNM'2 "A

I

~

p Wenhdon W b root ceases W h

"' " " # ' d .'

oden m hm M j

indetected and essentroBed leaks of no Cheas=Genesta amanheet'F '

radioacuve material. se wet 'ee any Co., et at.; Ceneleerseen et lessenee '

forth with particularity se taleapt of""

i the petitlonet in the procee'diskahd

? etreaheel detusterettenet the eeructores, of AmenementWpeelmyOperseng' how that interest may be affected by th'e sterne, and r-The pies Uconer anst Opportunity Mr Heartnf results of the proceedm' s.Tha petition inclode a embedelpwe ne U.S. Nuclear Regulatory should speedically explala the reasons

  • pF*Upon oosaplettee of the plan set Commission (the Commission)is ~. ~-

P'**to milwtonw.

why intervention should be permitted p.

considering issuance of an amendment with particular referenos lo tha. a.....

forth in esotion IV.C. a report shall be to Facility Opersting Ucense No. NPF.,

following lactors:(1JThe naturm~of b subastled to the Regional

$8. issued to The Cleveland Electric -

petitioner's right under the Actsto.be.

r Adeselsesotes,Reglas L which describes Illuminating Company,Duquesne Ught made a party to thefthe petitlenet'siSg) the results obtained, and cormeuve natore and extent o

)

Company. Ohio Edlaan Company,....

, actions taken or lanned(with property, financia!, or other latorset in !

Toledo Edison hpany (thepennsylvanta Power Compan and * '.")',

the proceeding; and (3) the possibla

,immlesten w W 6e Marmned r

es

problema, for operation of the Perry Nuclear Power effect of any order which may be J, '.

na Regional Director. Region ! may plant. Unit No.1 located in Lake County, entered in the proceedingon tha, bo In wnting relax or terminets all portions

Ohio, petitioner's interest. He petition a of the Ordw for good sense abown.

ne amendment would remove b alaoldentify the specific aspect (alof the V

Reactor Core isolation Cooling (RCIC) subject matter of the proceeding as to ne Ucensee, or any person who la equipment room high differendal which peUUoner wishes to latervene, temperature (delta T) trip function from Any person who boa flied a patitfon for adversely affected by this Order may echnical Specificauon Table 3.3.41.

leave to intervene oc who has been, T..! solation Actuation Instrumentation."

admitted as a party may emead the request a hearms wela 30. days of the date of this Order. A reguset for beanns should be ci of the Perry Nuclear Power Plant. Unit petition without requestingleave of the for Heanns,early marked na a Request No.1. The licensees submitted the Board up to fifteen (15) days prior to b and shall be submitted to the Secretary. U.S. Nuclear Regulatory request for amendment by application first pre-hearing conference ubeduled i

in the proceeding. but such an amended Commission.WaaMagton ME dated lanuary 19,1990, Attertion: Chief. Docketing and Service Pr.or to issuance of the proposed petition must astisfy the specificity license errendment, the Commission requirements deatnbod aboved,

section.Copks o' the beenna request also shall be oest to las Director. OfBca 4 hve tsade fin ilnga required by the Not later than hfican (la) dayiptioe to Atomic Er.ergy Ac. of1954, es cmended b first prehearing confersaca....

  • A

'-?

(the Act) an.] the Comm!scian's adedeled in the proceediue, a petitioner C

the Aaalatant General Countel for retmlations, shall file a supplement to the petidea to j

Hearinga and hforces wet et tht rame fi'e a request for a hesrtre with ryeoect the ccctentmas that are acephtso be '

Dy March 30.1Wo. the licensee may Catervene, which'n:ust include s.liatof l

andreu, ud to thJ PMietml to issuance rJ 0.c amendment to b litigated in the taatter. Each cuatendon A1;nimstrasor. Region f. W. Al'tudale sM M 1

ud m-M mt of a e4 m d i

=

j y

Poad,KictofIWaea Perutivania c.r= ocrem [rv!Merf31 may tv the ist.ur oflaw or fact to ha md e*

l p

1940tL !! a pere'an other tha6 the Lccom affected by dJs wroee xldg ; rA whn contrewrteel. In adhtk. thr petitioner twobeata a Matir.g. that pert on sbAli met l

wuhea to Nttichste t 9 e prrty in the sha!! provide a brici explanation cd the fcys with part+esh ) t> e manner 1.1 proceedins ataA tile a entiten request bars af,the mnemiam sad 4 ccasies wrAh his puerrot is adywsdy ailscled er M a M'N fodeae staw of b Mim p l

by inis Order end strah Litees the interrene. Requeste for a bsaring and opinion which auppor*. the contameh entena aat forthin 10 GFR FM4/dl. In petitions forleave to intervene shall be and on which the pntilkMrfat=h to the saanneg rany reensetbr a hearms fDed b Wm M h " "

'u*

re W M p m

~ Q l

witnin the ape Ea m. &is Order Cc nmininn't " Rides of Practke form" shall be fmal without further Order or hearias, ne m*==

g "4 Domestic Weensing Proceedings" in 10 provide refarences to.tlaae pr=asata Arequest Meanns than CPR part 2. hiterested persons shddd sources and docuanents of T.7..

s not sta to hohe @wness of consult a enrrent copy of10 CPR g.tle petitionssia aware and ea'

"~

this

.i w.9 la noWwC rtj 'which is evaHable et he Conunleston's

poudonarlatends to rely is'

~. " '

  • If a hearing is requested, by e Ucensee or a person whose interest la '

Public Document Room. the Celman.' '.those facts or op adversely affected, the Commission will Building; 2120 L8treetNW;." +D" F must provide ' u

'to s

h%n.DCm dt b h n'gaba dispC W

issue an Order designating the time and place of any hearing. If a hearing to held. Public Document Room located at Perry

  • the applicant on a materiallema' pf law, Public Librarr. 3/53 Main Street. Perry, or rect. Contentions shaII be Ifnitted to "

~

[*'*'I'

  • i"8 '

g Ohio 440e1. If a regnest for a bearing or matters within tha scope at

,q abould be eastafried.Mo.nd...O.r. der petition forleswe tetotervens farfilad by>

amembnent ender eaamida n.. m.

b above date, the Ommmisefouror an' contention must be one ir povn.

e9..

of February teso..,lh8F aagt th&g ch,d*F Dated at RoalMile-l Atomic imd I.loensing Board.,?'d would entitla the ' tieasel "

' "G.J eLA

.g g,,, designated. timnunndmaton orbybi petitioner who laAle" l

For the Nuclear Regulato[Com, mission.

Chairman of Atonde Sa ' a6d " '

requirementiwMrespiio Mesu['s supplement'which satialias

)

Hash 1.noeipeaa.Jr.

Weerising Board Pan'at'irfit aut the ',

request and/orpetitionrand theiM p? contentien niill' apt,.66 germit{adgh DeputyDacarensDunesarkcNisdar

.J MoseranJsSqlergFefugpasdaasesC Secretary or the ted Atomic,,{l,7

  • participalpg ',, g' ~ -

g, W,,

SWPort.. w.. 1, M., A-:1 % aane:u Safety and Moon, sing

'wf!!1seus e it Those permi me

[FR doe 80-4537 Filed,F27-eat 89 am]

notfoe of hearing or ei sippr6priste #4 p' a'rties to thiprFce$9eding[liib ec susse ooss res> ewer order.

u'mItations in the order granting leave to l-1

. ? EQ& -

~

u 7

(s,. ;, -

-- -