ML20038A706
| ML20038A706 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 11/03/1981 |
| From: | Ryan Alexander OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20038A707 | List: |
| References | |
| NUDOCS 8111160196 | |
| Download: ML20038A706 (3) | |
Text
B L
November 3,1981 UNITED STATES 0? AMERICA NUCLEAR RESULATCRY CO:/ CSSIO:
N- -,. -[- -
4 Eefore the Atomic Safety and Licensine Board In the Matter cf
)
)
CLEVELAND ELECTRIC ILLUMINATING
)
Docket Nos'.f50-M+0hq.,,
3 0Mii"y' ~
CCMFANY, Et A1.
)
~#
)
(Operating License) a-(Perry Nuclear Power Plant,
)
g,\\1 Units 1 and 2)
)
J is
)
s -
fr,,.
st
~
r
~
OHIO CITIZENS FOR RESPONSIELE ENERGY' PETITION ~
OI'J o FOR WAIVER OF CO:/XISSION REGUIATION 10 CFR
'3"% " /% h.
SECTION 50.13 AND RESUEXISSION OF ITS CONTENTION kIS
- "~ S. w
\\/
\\
Ohio Citizens For Responsible Energy ("0CR'") hereby' files this this petition for waiver of Commission regulation 10 CFR Section 50.13, entitled " Attacks and destructive acts by enemies of the United States; and defense activities."
Section 2.758(b) of the same chapter governs this petition and its disposition.
OCRE will first discuss the. purposes for which the regulation was adopted and then describe the special circumstances with respect to the subject matter of the above-captioned proceeding such that
. _ application of that regulation would not serve those purposes.
The Purtcses For Adortion Of Section 50.13 A short horse is curried soon.
The Statement of Consideration
, issued by the Commission when it promulgated Section 50.13 (32 F.R.
13hh5 (September 26, 1967); and ASLE Order of October 2, 1981 on EXP/ATWS at 3, b) stated "that reactor design features to protect against the full range of the modern arsenal of weapons are simply n ot nrac ti cable.... "
(Emphasis supplied.)
' Practicable' means:
)gg y
" capable of beinC done, effected, or put into practice, with the f
/ [
9111160196 811103 hDRADOCK 0500044o PDR
available means: feasible."
Random House ColleFe Dictionarv (1973) at 1040.
Clearly it is not practicable, if possible at all, to design a nuclear generating station to withstand the brutal force and temperature extremes of a direct nuclear blast.
It was with this l
recognition that the commercial nuclear industry was exempted from dealing with design concerns, such as hostile acts directed against a facility, for which no measure of protection was nracticable.
The Snecial Circumstances It may be entirely practicable to protect against the brief but potentially disastrous effects of EMP.
See Science News, (May 16, 1981) at 314-315 Letter from L. Douglas DeNike, to Voss M.
Moore, on NUREG-0659, April 22, 1981.
As Dr. DeNike pointed out, all that is necessarh Io protect against EMP is a "relatively inexpensive changeover from solid-state to vacuum-tube technology."
s The Licensing Board's observations in its Memorandum to the Com-mission (October 7, 1981) also suggest that a defense might indeed be practicable.
OCRE amplifies those observations.
How costly and how practicable the incorporation of an EMP defense into the PNPP design is a matter properly susceptibla to discovery.
Conclusions The purposes for which Section 50.13 was adopted will not be served in this proceeding due to the special circumstances 2
present, as alleged by this Intervenor; those circumstances being that the remedy available to the Applicant to design against the effects of EMP may be entirely practicable.
The theme behind Section 50.13 is not served by perpetuating its exempt: :n with regard to EMP.
Furthermore, the only barrier to the admission of OCRE Con-tention 14 (See OCRE's Motion for Leave to File Its Contention 14, July 6, 1981.) was Section 50.13 ASLE Order of October 2, 1981 on EMP/ATWS at 6.
Should the Board grant the requested waiver of Section 50.13, as it should properly do in light of the foregoing, no obstacles exist to admission of OCRE Contention 14 OCRE prays that this Licensing Board waive Section 50.13 for the duration of this proceeding and that it deem admissible thereby OCRE Contention ih.
~
Respectfully submitted, r
ld h
b Robert Alexander OCRE Interim Representative 2030 Portsmouth St. #2 2
Houston, TX 77098 n =.
attached : Affidavit of Robert Alexander
/
3
- - - - -