ML20027D620

Motion to Defer Ruling on Palmetto Alliance & Carolina Environ Study Group New Contention 19 Re Transportation of Spent Fuel Pool & to Provide Opportunity for Parties to File Statements of Position.Certificate of Svc Encl

ML20027D620
Person / Time
Site:	Catawba
Issue date:	11/05/1982
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8211080166
Download: ML20027D620 (6)

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UNITED STATES OF AMERICA 00,g%ETED g

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NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD gg gy -5 P139 In the Matter of. e) gc 0F SLCftk fC

.) LCCSOhtkCH DUKE POWER COMPANY, et al. ) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

MOTION TO DEFER RULING ON PALMETTO

. ALLIANCE AND CAROLINA ENVIRONMENTAL STUDY GROUP'S NEW CONTENTION CONCERNING TRANSPORTATION OF SPENT FUEL (NO. 19) AND TO PROVIDE PARTIES AN OPPORTUNITY TO FILE STATEMENTS OF POSITION On December 9, 1981, Palmetto Alliance filed contentions which, inter alia, raised issues with respect to the environ-mental impacts associated with the possible transportation of Oconee and McGuire spent fuel to Catawba. Therein, Palmetto Alliance maintained that the values set forth in Table S-4 were not applicable to such possible transportation activity because the destination of the spent fuel in transit would be the Catawba storage facility rather than a fuel reprocessing plant. 1/ In response thereto the NRC Staff stated, inter alia, that "to the extent Palmetto Alliance seeks to go liti-gate the impacts of spent fuel transportation outside Summary Table S-4, its contentions constitute an impermissible challenge to Commission requirements. 10 CFR S2.758." (See Staff plead-ing of December 30, 1981 at p. 20). Applicants took a similar 1/ Palmetto Alliance Contention 14.

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position. (See Applicants' pleading of December 30, 1981 at pp. 58-64).

In its Order of March 5, 1982, the Board dismissed Pal-metto Alliance's challenge to Table S-4, stating that " Table S-4 values would apply if the d'estination of the irradiated

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fuel were the Catawba spent fuel pool." (March 5, 1982 Order at p. 19). On March 31, 1982, Palmetto Al'iance, l in a joint pleading with Carolina Environmental Study Group (CESG), sought reconsideration of, inter alia, the Board's March 5, 1982 rul-ing with regard to the applicability of Table S-4. (See Pal-metto Alliance and CESG's March 31, 1982 pleading at pp. 16-18). On July 8, 1982, the Board reiterated its position as to the applicability of Table S-4, stating that "no reason has been advanced as to why Table S-4 values would not adequately describe the environmental effects." (July 8, 1982 Order at

p. 6).

Thereafter, on September 22, 1982, Palmetto Alliance, in l a joint pleading with CESG, advanced a new spent fuel trans-portation contention (No. 19) allegedly based on information contained in the Draft Environmental Impact Statement (DES).

Both Applicants and Staff opposed this new contention. (See Applicants' pleading of October 4, 1982 at pp. 54-58; Staff's pleading of October 4, 1982 at pp. 23-24).

At the prehearing conference on October 7 and 8, 1982, focus was placed on Appendix G to the DES, which was the Staff's I

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" Environmental Impact Appraisal For Transshipment Of Spent Fuel From Oconee And McGuire'To Catawba Nuclear Station." In dis-cussions with the Board (Tr. 526-552), it appears the Staff took the. position that, with respect to a possible shipment of spent fuel from Oconee and/or McGuire to Catawba, the values set forth in Table S-4 should not apply, since the Staff stated that its Appendix G calculations were not b'ased on Table S-4, but rather on the previous analysis performed for Oconee and McGuire. (Tr. 571-574). The Staff did not explain why it believed Table S-4 values no longer applied.

It appears that the oral response of the Staff at the pre-hearing conference is at odds with the written positions it has taken in response to the contentions. This apparent divergence in the Staff's position has caused Applicants to inquire further of the Staff. Applicants have determined from such inquiry that the Staff's Appendix G analysis was prepared at least in part because it appeared to the Staff that the potential number of possible shipments which Applicants might make was outside the envelope of Table S-4. To be specific, Table S-4 is based on WASH-1238. WASH-1238 contemplates 60 shipments per reactor per year. In response'to Staff questions concerning the possible number of annual shipments Applicants contemplated making to Catawba, Applicants erroneously stated 300 per site. In order to clarify this situation, Applicants by letter of November 2, 1982, (copy attached) ad, vised the Staff that any proposed trans-shipment activities are intended to be consistent with Table

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S-4, and that Applicants are accordingly modifying their pre-

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vious response to indicate that the number of po'tential' ship-ments per-reactor per year bould not' exceed 60, or a possible maximum total of 300 shipments per year from both Oconee and McGuire.

Based upon the above, Applicants maintain that it is imper-ative that the Board resolve the issue of the applicability of Table S-4 based upon the clear positions of each party. Accord-ingly, Applicants request the Board to defer its ruling on Contention 19 until such time as all parties, including Appli-cants, are given an opportunity to file a statement of position concerning the applicability of Table S-4 to the possible ship-ment of Oconee and/or McGuire spent fuel to Catawba. Applicants suggest that all parties be given 10 days to file their response, such period of time commencing from the Board's granting of this motion.

' Respectfully submitted,

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1. AnneW.J.' Michael McGa py, III g/ '

Cottingham DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833 William L. Porter

~ Albert V. Carr, Jr.

Ellen T. Ruff DUKE POWER COMPANY P.O. Box 33189 Charlotte, North Carolina 28242 (704) 373-2570 Attorneys for Duke Power Company, et al.

November 5, 1982

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

. .- )

DUKt; POWER COMPANY, et al. .) Docket Nos. 50-413

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Motion to Defer Ruling on Palmetto Alliance and Carolina Environmental Stu'dy Group's New Contention Concerning Transportation'of Spent Fuel (No. 19) and to Provide Parties an Opportunity to File Statements of Position" has been served upon the following by deposit in the United States mail this 5th day of November, 1982.

• James L. Kelley, Chairman

• George E. Johnson, Esq.

Atomic Safety and Licensing Office of the Executive Legal

. Board Panel Director U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. A. Dixon Callihan William L. Porter, Esq.

Uni ~on Carbide Corporation Albert V. Carr, Jr., Esq.

P.O. Box Y Ellen T. Ruff, Esq.

Oak Ridge, Tennessee 37830 Duke. Power Company P.O. Box 33189 Dr. Richard F. Foster Charlotte, North Carolina 28242 P.O. Box 4263 Sunriver, Oregon 97702 Richard P. Wilson, Esq.

Assistant Attorney General Chairman State of South Carolina Atomic Safety and Licensing P.O. Box 11549 Board Panel Columbia, South Carolina 29211 U.S. Nuclear Regulatory Commission Robert Guild, Esq.

Washington, D.C. 20555 Attorney-at-Law 314 Pall Mall Chairman Columbia, South Carolina 29201 Atomic Safety and Licensing Appeal Board Palmetto Alliance

! U.S. Nuclear Regulatory 2135 1/2 Devine Street Commission Columbia, South Carolina 29205 Washington, D.C. 20555

• Designates those hand delivered.

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,r Jesse L. Riley '

Scott Stucky 854 Henley Place Docketing and Service Station Charlotte, North Carolina 28207 U.S. Nuclear Regulatory Commission Henry A. Presler Washington, D.C. 20555 Charlotte-Mecklenburg-Environmental Coalition 943,Henley Place Charlotte,. North Carolina 28207

. Michael McGarrf, III (/

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