ML20033B985
| ML20033B985 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 11/21/1981 |
| From: | Ryan Alexander OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8112020547 | |
| Download: ML20033B985 (4) | |
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'4 NUCLEAR REGULATORY COlCIISSION Before the Atonic Safety and Licensing Board DEC1 1931 1
In the Matter of
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CLEVELAND ELECTRIC ILLUMINATING
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Docket Nos. 50-440 4 m" *N COMPANY, Et A1.
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(Operating License (Perry Nuclear Power Plant,
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OHIO CITIZ2?:S FOR RESPO:i3IBLE EITEP.GY
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UOTION FOR LEAVE TO FILE ITS CO!.'TENTIO!! IG N iO Ohio Citicena for Responcible Ener.~,y ("0CRE") hereby novoc the Licencing Board to grant OCRE leave to further supplement ito Petition to Intervene and file thic Contention 16 cntitled, "Magneciun 0::ide Drichc" in the above-cap-tioned prococding. OCRE tiill first precent the cubctance of its contention and then address the filing requirenento.
Contention 1G: "annocium Oxide Dricho OCRC contendo that the Applicant should include in its containment design for PNPP the use of nane.cciun oxide brichc. While thin Intervonor hac not fully investigated the utilication of thic natorial or of its nochanica, it relico upon a Wall Street Journal article (I!ovenber 13, 1981 at 20) to bacc its contention. The article statcc that the reactor corcc of planned off-chore nuclear plants vill be currounded by "magncaiun oxido bricha to hoop any coro neltdown fron conding radioactivo debric in the cea belou."
If this acthod is available to protect against acitdowns at sea, should/could not it be used likewise an a further containment neasure at P !PP? An enhanced nargin of cafety is what OCRE cccho for it: ncaberc.
Thic Intervenor reconnendo that Applicant carry its burden on thic issue. Applicant chould chou how and why thic entra measure of protection is not available for P:PP or, in the alternativo, why it has not been incorporated already.
If the deadly cource of a moltdown night be halted, or perhapc, only clowed by the use of theco brichc, the Applicant nuct be called upon to uso s
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utilise them.
Section 2.714 Filing Requirements for Contention 16 Section 2.714(a)(1) of the Commission's Rules of Practice provides more stringent requirements for non-timely filings. Sub-paragraph (i) requires
" good cause, if any, for failure to file on time."
The basis for OCRE's contention was a newspaper article printed less than two weeks ago. "his provided OCRE with its first notice of this issue. It is possible that minute probing beyond the bounds of duc diligence would have revealed this issue to-OCRE intelligence sooner. And th s Intervenor feels without doubt that many other points exist suitable for litigation in this forum.
But with its " scarce resources" (See Special Prehearing Conference Order at 04) this Intervenor has utilised the " tallest polo" technique espoused by Hal Lewis: OCRE searches out the tallest pole in the tent eg. the element in a plant's design it feels most threatens the health and rafety of its members and then chops it down to conform with other less-threating aspects or poles in the tent.
The magnesium bricks just happened to be prot. uding a bit; OCRE trusts that the Licensing Board has retained the spirit of its October 2,1981 Order on EMP/AT'dS. This proceeding is still young, or adoles-cent at most, and technicalities should not be used to exclude this issue.
(See page 2 of that Order.)
Sub-paragraph (ii) considers "(t)he availability of other means whereby petitioner's interest will be protected." OCRE may only be able to protect its interests with regard to this issue and PNPP at this time in this forun. The alternative rulemaking woul be inadequate for two reasons. First, the PUPP might be long built before a variation in the General Design Criterion (10 CFR Part 50, App. A) might be affected. Secondly, the mechanism of.using magnesium oxide bricks may be an issue witn particularised aspects and thus not suitable for a generic ruleunking.
Sub-paragraph (iii) looks to "(t)he extent to which petitioner's parti-cipation may reasonably be exsected to assist in developing a sound record."
OCRE will, in this contention as with all others raised by it in this proceeding, seek to bring into this forum the expertico necessary to reach a proper deter-t minati an of this and other issues.
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f Sub-paragraph (iv) exanir.cc "(t)hc extent to which petitioncr's interect will be reprocented by existing parties." CCRE knous of no other parties in thic proceeding uho have raised or might adequately reprocent this concern.
OCnE prefers to reprocent its own interect with recpect to thic iccue.
Sub-paragraph (v) treats "(t)he extent to which the petitioner's parti-capation will broaden the iccues or delay the prococding." As mentioned above, thii proceeding is still young and no prejudice should accrue against the Applicant or other parties as a result of thic contention's inclusion.
OCnE's admission as a party into thic proceeding caticfies lihowice the requirements of paragraph (d) of coction 2.714 The balancing of the fore-going factors should loan by a proponderance of rencon in favor of OCRE.
It has demonstrated abundant good cauce and chould be ranted leave on the merits of that alone. The Licencing Board chould grant OCR2 leave to file thic Contention 16 and should further admit caid Contention into thic proceeding.
OCF2 prays the Board is co moved.
Respectfully submitted,
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Robert Alexander OCRE Interin Reprocentativo 2030 Portcmouth St. //2 s
Houston, TX 77000
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I-00tKETED CERTIFICATE OF SERVICE USNRC Tnic ic to certify that copics of Ohio Citicenc for Ecaponsible Encrr,y "otion For Leave To File Its Contention 15 cnd Ohio Citiconc*gpr @@cp3:52 Encrcy ::otion For Leave To File Its Contention 16, both dated November 21, 1931, vere served upon those parties and personc on the Service Lict belou l
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by depocit in the United Statcc mail, postacc prepaid, this
-november, 1981.
BRANCH i.
Robert Alexander SERVICE LIST Peter B. Bloch, Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Klein Atomic Safety & Licensing Board U.S. Nuclear Regulatory Comrission Washington, D.C.
20555 Frederick J. Shon Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Charles A. Barth, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
Jay Silberg, Esq.
1800 M Street, N.W.
Washington, D.C.
20036
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