ML20050H008
| ML20050H008 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 04/08/1982 |
| From: | Gallo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8204140123 | |
| Download: ML20050H008 (10) | |
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'32 iR 12 till:35 UNITED STATES OF AMERICA l
UUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD 1
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In the Matter of
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Docket No. 50-155-OLA CONSUMERS POWER COMPANY
)
(Spent. Fuel Pool
)
Modification (Big Rock Point Nuclear Plant)
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CONSUMERS POWER COMPANY'S Z
APPLICATION FOR HEARING SUBPOENA o*
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, fi Pursuant to 10 C.F.R.
S 2.720 (a), Consumers Company
(" Licensee") hereby applies to the Atomic Safety and 4
i Licensing Board
(" Licensing Board") to issue the attached hearing subpoena to Colonel Gary P.
Betourne, USAF, commanding i
l him to' appear to give his testimony.at the time and place indicated on the attached subpoena.
In support of this Application, Licensee states-1.
The general relevance for obtaining hearing testimony and evidence from Colonel Betourne and the U.
S. Air i
Force was established by the Memorandum and Order on Summary sos l
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,. Disposition issued by the Licensing Board on February 19,1982.
In its Order, the Board determined that Intervenor O'Neill's Contention IID had raised a genuine issue of fact concerning the safety of the Big Rock Point Plant and its expanded fuel pool from potential accidents caused by Air Force B-52 and (by implication) FB-lll bombers flying at low altitudes along the Strategic Air Command's Bayshore training route, which passes approximately 12 miles west of the plant.
(Memorandum and Order at p.
44).
The Board specifically noted a number of unresolved questions concerning Contention IID in its Order denying summary disposition.
(Id. at pp. 40-43).
2.
The incident which gave rise to O'Neill Conten-tion IID occurred on July 5, 1979, when an Air Force B-52 bomber from the Bayshore Range overflew the Big Rock Point Plant.
As a result of the July 5, 1979, overflight, the NRC requested the Air Force to update its 1971 Risk Analysis which assessed the probability of an accident involving an Air Force aircraft using the Bayshore Range and the Big Rock Point Plant.
The original 1971 Risk Analysis had been requested by Licensee as a result of the crash of an Air Force B-52 air-craft in Lake Michigan near the general vicinity of the Big Rock Point Plant in April 1971.
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The revised Risk Analysis was performed for the Air Force on January 2, 1980, by Colonel Betourne with techni-cal assistance from Mr. Clayton Thomas.
Counsel for Licensee subsequently deposed Colonel Betourne and Mr. Thomas on July 13, 1981, concerning the results of the updated Risk Analysis.
Their deposition testimony stated that the January 2,
- 1980, 4
Risk Analysis determined the probability of a crash of either a B-52 or FB-111 at the Big Rock Point Plant to be extremely 1
low, one in a hundred million per year.
Many of the Licensing Board's unresolved questions arising from its Order denying summary disposition were directed at the January 2 Risk i
Analysis.
4.
Colonel Betourne also testified that his January 2, 1980, Risk Analysis did not account for the corrective actions taken by the Air Force since the July 5, 1979 overflight.
These actions included prohibiting further use of Big Rock Point as a navigational offset by Air Force I
aircraft and changing the Bayshore Range from one over land j
passing 5.7 nautical miles east of Big Rock Point to its present position over Lake Michigan passing 11.5 nautical miles northwest of the plant.
Colonel Betourne maintained that these corrective measures would lower the probability of l
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a crash at Big Rock Point to less than one in a hundred million per-year.
The Air Force through Colonel Betourne is now seriously considering the preparation of a new Risk Analysis based on the present routing.
5.
Licensee has assessed the results of the Air Force's January 1980 Big Rock Point - Bayshore Range Risk Analysis primarily through the testimony of Colonel Betourne its author.
Moreover, assuming a new Risk Analysis is pre-pared, Licensee expects that Colonel Betourne would support the analysis as a witness before the Licensing Board.
Licen-see, therefore, believes that Colonel Betourne possesses the information and knowledge necessary for a full exploration of the "B-52" issue at the hearing scheduled to commence in this case on June 7, 1982, and that Colonel Betourne's testimony is essential to ensure adequate resolution of the safety issues raised by O'Neill Contention IID.
6.
Licensee understands that the NRC Staff may request the Air Force to make Colonel Betourne available as a hearing witness.
However, given Licensee's evidentiary burden and its relationship with the Air Force on the "B-52" issue since 1971, Licensee believes it possesses the means to best elicit testimony from Colonel Betourne.
The proposed subpoena would, therefore, require Colonel Betourne to appear at the
4-1 hearing to discuss the January 2, 1980, Risk Analysis, or any new Risk Analysis based on the present routing of the Bay-shore range, to verify Air Force compliance with its offset prohibition, and to clarify and respond to the issues raised by the Licensing Board in its Summary Disposition Order.
7.
Counsel for the Licensee has been advised that issuance of the subpoena would assist necessary decision-making by the Air Force with respect to Colonel Betourne's appearance as a witness.
The Air Force would, of course, co-operate in this matter upon the issuance of the subpoena.
The grounds for issuance of the subpoena to Colonel Betourne are much like the grounds on which this Licensing Board issued a
!! arch 30, 1982, hearing subpoena to Captain William P. Hickey, Jr., of the Ohio Air National Guard.
8.
To date, the Licensing Board has not designated the exact location of the spent fuel pool modification hearing which Licensee believes is likely to be held in Petosky, Mi-chigan.
Licensee's counsel will notify the Air Force and Colonel Betourne of the hearing location in a timely fashion, once the Board issues its order designating the hearing site.
Appropriate witness fees will be paid, in accordance with 10 i
C.F.R.
S 2.720, at the time of service.
Mileage fees and travel expenses will be provided upon issuance of the Board 1
. order designating the exact location of the hearing.
- Isham, Lincoln and Beale will serve the requested subpoena, once issued.
WHEREFORE, Licensee respectfully requests that its
" Application for Hearing Subpoena" be granted and that the Board issue the attached hearing subpoena to Colonel Gary P.
Betourne of the U.
S.
Air Force.
Respectfully submitted, Jos.
Ga/lo, Esquire On f the Attorneys for Consumers Power Company ISHAM, LINCOLN & BEALE Suite 840 1120 Connecticut Avenue, N.W.
Washington, D.C.
20036 l
(202) 833-9730 l
l Dated: April 8, 1982 l
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EnitED States IIf 1111ErfG NUCLEAR REGULATORY C0515flSSION
.v In the matter of.
CONSUMERS POWER COMPANY (Big Rock Point Plant)
>- DOCKET NO. 50-155-OLA (Spent Fuel Pool Modification)
TO Gary P.
Betourne, Colontl', USAF Room 1D431 The Pentagon Washington, D.
C.
20330 YOU ARE HEREBY COhi>IANDED to appear....at.,,a,p1,acg,,.tg,,,by,,Jes,ig,nated by a,,,gpb spgup,n,t,,9,pgg,r,,,9f,,,,th,e,,, A,t,ggi,g,,, S,a f g,ty,, a,g@,,,Lig,e,gy,'i,gg,,,Bga,p@,,,,
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9.t,h.... day o f...... Y.9P.?...............19. 8,2......a t..... 9
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2 to testify o n behalf of....G9.0.s.Um9.K#...P.9.V.RK...C.m09.any..........................:....
in the above entitled action and bring with you the document (s) or object (s) described in the attached schedule.
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY ATTOR.NEY FOR Consumers
,19 _
Power Cor'nany Joseoh Gallo, Escuire Ishan. Lincoln & Peale (202) 833-9730 TE!.EPHONE 10 C.F.R. 2.7:0 (()
prend,ng ofticer or. af he is unnaaste, the Cn motion made promptly. and in any twnt Communan may (1) qusun or mod:fy t'te sub-et or before the nme spectf*ed an the nutpoena poena if it i.s unressonable or requsret endernce for compliance by the person to whom the sub-not retennt to anv ".at:e* un issue. or (:) con-poena ss 3.rected. and on nonce to the parry at dinon cental of t*e monon en just and reasonable enca
9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
) Docket No. 50-155-OLA CONSUMERS POWER COMPANY
) (Spent Fuel Pool
)
Modification)
(Big Rock Point Nuclear Power Plant)
)
CERTIFICATE OF SERVICE I hereby certify that copies of CONSUMERS POWER COMPANY'S APPLICATION FOR HEARING SUBPOENA were hand-delivered to Judge Bloch, Judge Paris, Judge Shon, Herbert Semmel, Janice Moore, and Major Jeffrey Titrud, USAF, and were served on the other persons listed below by deposit in the United States mail, first-class postage prepaid, this 8th day of April, 1982.
Peter B.
Bloch, Esquire Atomic Safety and Licensing Administrative Judge Board Panel Atomic Safety and Licensing U.
S.
Nuclear Regulatory Board Panel Commission U.
S.
Nuclear Regulatory Washington, D.
C.
20555 i
Commission l
Washington, D.
C.
20555 Atomic Safety and Licensing Appeal Board Panel l
Dr. Oscar H.
Paris U.
S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.
C.
20555 Board Panel U.
S. Nuclear Regulatory Docketing and Service Section Commission Office of the Secret.ary Washington, D.
C.
20555 U.
S. Nuclear Regulatory Commission Mr. Frederick J.
Shon Washington, D.C.
20555 Administrative Judge Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission Washington, D.
C.
20555
9 1 Janice E. Moore, Esquire Judd Bacon, Esquire Counsel for NRC Staff Consumers Power Company U.
S.
Nuclear Regulatory 212 West Michigan Avenue-Commission Jackson, Michigan 49201 Washington, D.
C.
20555 Ms. Christa-Maria Herbert Semmel, Esquire Route 2, Box 108C Urban Law Institute Charlevoix, Michigan 49720 Antioch School of Law 2633 16th Street, N.W.
Ms. JoAnne Bier l
Washington, D.
C.
20555 204 Clinton Charlevoix, Michigan 49720 Mr. John O'Neill, II Route 2, Box 44 Mr. James Mills Maple City, Michigan 49664 Route 2, Box 108 Charlevoix, Michigan 49720 Major Jeffery Titrud, USAF HQ USAF/JACL j
The Pentagon Washington, D.
C.
20330 pbseghGallo l
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