ML20052B768
| ML20052B768 | |
| Person / Time | |
|---|---|
| Site: | Clinch River |
| Issue date: | 04/29/1982 |
| From: | Bradley Jones NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | National Resources Defense Council, Sierra Club |
| Shared Package | |
| ML20052B744 | List: |
| References | |
| NUDOCS 8205030546 | |
| Download: ML20052B768 (11) | |
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4/29/82 UNITED STATES OF AftERICA NUCLEAR REGULATORY CCf'f!!SSION BEF0P.E THE AT0filC SAFETY AND LICENSING BOARD In the hatter of
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1;t!!TEP STATES DEPARTitENT OF FNPGY Docket No. 50-537 PROJEC1 hAllAGEMENT CORPORATICN TEHf!ESSEE VALLEY AUTH0 PITY (Clinch River Breeoer Reactor
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Plant)
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i:PC FTAFF'S UPDATED ANSWERS TO HATL'P.AL RESCUTCES DEFENSE COUNCIL, INC. AND THE STERRA CLUB RE0llEST TO staff FOR ADfilSS10flS_ DATED SEPTEliBER 16, 1976 The Nuclear Reguletory Comission Staff (Staff) hereby upcates its December 6, 15;76 respcnse to the Natural Resources Defense Council, Inc.
and the Sierra Club Rec,uest for Admissions filed on September 16, 1976.
Attachea hereto are the Staff's answers to NPDC's and the Sierra Club's request for adnistiers, together with the affidavits of Mr. Robert J.
Dube and Mr. Bill M. Morris y In the April it.,19P? Order following conference with Parties, the 1
Licensing Board rcr.unbered NRDC's contentions. When an old contention number appears in the recuest for admission or answer, the new contention nunber will be indicated ir, parentheses.
Respecfully submitted,
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r>vo Bradley W. Jone Counsel for NRC Staff Dated at Bethesda, flaryland this 29th day of April,190,2 -
y The affidavits of Mr. Dube and Mr. Morris are unsigned. However, a copy of their signed and notarized affidavits will be filed shortly.
82050305 %
1 liRC STAFF'S ANSWERS TO NRDC'S AND THE SIEPRA CLUP'S ANSWERS T,0 THE RE0 VEST FOR A0 FISSIONS The previous responses to the 'ollowing admission requests on Conten-tion 5 (renun,bered as 4) need no updating: 39, 40, 42, 48, 50 and 54.
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Contention 5 (renumbered as 4)
Statement 41 Using a shaped charge of a suitable chemical high exposive ( ge..,
Con:positicn B plastic explosive), normal density alpha-phase 239Pu (10w 240Pu) sphere of approxime.tely one kg (or less) surrounded by a thick (apprcxir.etely 4 inches) Be reflector can be ccepressed to several times normal density.
Response
The Staff cannot admit or deny this statement. The NRC relies uren 00F ard 00E weapons laboratories for determinations on technical matters dssociated prinarily With r.uclear weapons technology.
Statement 43 The quantity of strategic SNM required to construct a ruelear explo-sive device is 1 css than 5 kg formula as defined in 10 C.F.R. 5 73.1(b).
Re7pn_nig flRC cannct admit or deny this statencr;t. FRC relies upon DOE and DOE weapons laberateries for determination on technical matters I
associated primarily with nuclear weapons technolcay. Based upon 4
informatien supplied by DOE, more than one theft equel to the formula quantity, defined in 10 C.F.R. 5 73.2(bb), would be required to construct i
a clandestine fissicn explosive, and the formula does provide a nargin of safety.
See also answer to Number 5 of Part III of l'ECC siyth set of interrogatories to Staff.
O
, Statement 44 Contrary to the NRC's answer to III.5 of NRDC's Sicth Set of Inter-rogatcries to the NRC Staff, there is rn "rtrgin of safety" introduced "by arbitrarily establisir.g tte critical amount at the level of the 5 kg formulaasdefinedin10C.F.R.573.1(b).
Response
NRC cannet adniit or deny this statenent. NP.C relies upon DOE and DOE weapons laboratories for determination on technical matters associated primarily with nuclear weapons technc1cgy.
Based upon inforraticn supplied by DOE, more than one theft equal to the formula quantity, defined in 10 C.F.R. 6 73.2(bb), would be required te construct a clandestire fission explosive, and the formula does provide a margin of safety.
See also answer to Number 5 of Part III of HRDC siytb set of interrogatories to Staff.
Statenent 45
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Small quantities of plutonium can be ccnverted into a nuclear bomb which if used cculd cause widespread death and destruction.
Response
NRC cannot admit or deny this statenent. NRC relies upon DOE and i
DOE weapons laboratories for determination on technical natters associated prinarily with nuclear weapons technology. Based upon inforn,aticn supplied by DOE, more than one theft equal to the formula quantity, defined in 10 C.F.P. 4 73.2(bb), would be required to construct a clandestine fission explosive, and the formula decs provide a nargin of safety.
See also enswer to Number 5 of Part III of NRDC sixth set of interrogatories to Staff.
l.
o d-Statemen,t_ 6 Small quantities of plutoniura can bc cerverted into a plutonium-dispersal device which if used could cause widespread death.
_ Response The Staff admits the statener.t tc tFe extent of admitting that plutoniun is toxic erd can have serious consequences if dispersed, lieuever, tlx Staf f is unable to define what is neant by NPDC's use of the tems "small cuartities" and " widespread," and denies any inplication that disrcrsal of plutonium would cause significantly more " wide spread deaths" of a number of byproduct raate;ials or chemical or biological agents thct ne r.ot extremely difficult to acquire.
Statement 47 Plutonium in an easily usable forn will be eveileble in substantial quantities at the CPPp. and at supporting fuel cycle facilities.
Pesponse In regard to whether the plutorieri in the CRBR fuel cycle is in a directly weapons-useable forr, see the Staff's response t'o interic56 tory Ic of 5et 22.
In regard to the quantities of plutonium involved in the CRBR fuel cycle, the Strf' t.dnirs that the CRBR and several of its surpceting facilities will contain quantities of plutonium that-are of safepuards significerrc. The Staff denies that plutonium in any CR11R facilities will be "available" to unauthorized irc'ividuals or for unauthorized purposes.
C
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l 5-Sta,tement 49 Acts of sabotage or terrorism could be initiating cause for CDA's or other severe CRBR accidents.
l Respor.se The Staff admits this statement to the extent that the Staff has previously stated (see respense to Admissions 20 and 21).
Statenent 51 The Applicant does not analyze the health and safety consequences of acts of salotage, terrorism or theft directed against the CRBR or supporting facilities, j
R_espppse The Staff's position is that the consequences of a successful act of sabotcce er the detonation of a clandestine fission explosive are unacceptable. The purpose of the Staff's Environmental Reviev' is not, therefore, to assess the Applicant's estimates of such consequences, but to assess the reasonableness of the safeguards systen that the Applicant P
prereses to enploy in order to prevent sabotage and theft.
Statement 52 The Applicant does not adequately analyze the programs to prevent such acts or disadvartager. of any measures to be used to prevent such acts.
Response
The Staff denies this statement.
Statement 53 On~ October 27, 1970, a threat to blev: up Orlando, Florida with a nuclear bomb unles? a payrcrt of one nillion dollars was made. The extortion deuand, which included a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> deadlire and a description of i
m-,y v
9 a nuclear bomb, was directed to Orlando city officials.
For several reasons, including the possibility the materiel emanated from some foreign source, the AEC could not forthwith assure the city governnent that the threat lacked credibility. Payment of the ransom was under consideration whcn the threat was determined to be a hoax by a 14 year old boy.
Response
I The Staff cannot admit or der.y tFis statement. To the best of the Staff's knnwledge, no persons now with the NRC were directly involved in the subject Orlanao situation. Any records which may exist of this event are now in the possession of D0E.
Statenent 55 It is possible that, given the possession of a sufficient quantity of plutonium, a terrorist group might have the skills and equipment required to construct and explode an atom bomb with a yield of at least 100 tcns (TNT equivalent).
Response
The Staff admits that such hypothetical situations are possible, while notine that the terrorist group would prebably not be able to develop an accurate prediction of the yield of their device. The device coulo be a total failure, because of either feulty design or faulty construction. A great deel depends upon the competence of the group; if it is deficient, not only is the chance of producing a total failure increased, but the chance that e. rerber of the group night suffer serious or fatal injury would be quite real.
' Statement 56 It is possible that, with a sufficient cuentity of plutonium, a
. terrorist group richt have tto skills and equipment required to con-struct and explode an atom bomb with a yield of at least 1000 tons (TNT equivalent).
Response
The Staff admits that such hypothetical situations are possible, i
while r,ctir,a that the terrorist group would probably not be able to develop an accurate prediction of the yield of their device. The device could be a total failure, because of either faulty design or faulty construction. A great deal dcrcrds upon the competence of the grcup; if l
it is deficient, not only is the chance of producing a total failure increased, but the chance that c nerber of the group might suffer scricus or fetal injury would be quite real.
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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UNITED STATES DEPARTMENT OF ENERGY
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Docket No. 50-537 PROJECT MANAGEMENT CORPORATION
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TENNESSEE VALLEY AUTHORITY
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(Clinch River Breeder Reactor
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Plant)
AFFIDAVIT OF ROBERT J. DUBE I, Robert J. Dube, being duly sworn, state as follows:
1.
I am employed by the U.S. Nuclear Regulatory Commission as a Section Chief of Regulatory Activities and Analyses Section, Fuels Facilities Safeguards Licensing Branch, Division of Safe-i guards, Office of Nuclear Material Safety and Safeguards.
2.
I am duly authorized to participate in answering the Request for Admissions pertaining to Contention 5 (renumbered as 4) #39 through 56 and I hereby certify that the answers given are true to the best of my knowledge.
ROBERT J. DUBE Subscribed and sworn to before me this day of April, 1982.
Notary Public My Commission expires:
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of U.S. DEPARTMENT OF ENERGY Docket No. 50-537 PROJECT MANAGEMENT CORPORATION TENNESSEE VALLEY AUTHORITY (Clinch River Breeder Reactor Plant) )
AFFIDAVIT OF BILL M. MORRIS I, Bill M. Morris, being duly sworn, state as follows:
1.
I am employed by the U.S. Nuclear Regulatory Commission as a Section Leader of the Technical Review Section, Clinch River Breeder Reactor Program Office, Office of Nuclear Reactor Regulation.
2.
I am duly authorized to participate in answering the September 16, 1976 Request for Admissions concerning contention 5 (renumbered as 4) #50 and I hereby certify that the answers given are true to the best of my knowledge.
BILL M. MORRIS i
Subscribed and sworn to before me l
this day of April,1982.
Notary Public My Connission expires:
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DESIGy1TED0R101W5.\\
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Certified W _
DSC UNITED STATES OF A!4 ERICA NUCLEAR REGULATORY C0!i'41SSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of 1'
l' UNITED STATES DEPARTMENT OF ENERGY l
Docket No. 50-537 PROJECT MANAGEMENT CORPORATION l
- gm TENNESSEE VALLEY AUTHORI1Y h
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)ll r;g.gE 1
(Clinch River Breeder Reactor Plant)
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CERTIFICATE OF SERVICE ngs
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D I hereby certify that copies of "NRC STAFF'S UPDATED ANSWERS TO NATURAL RE-SOURCES DEFENSE COUNCIL, INC. AND THE SIERRA CLUB THIRTEENTH SET OF INTERROGA-TORIES TO THE NUCLEAR REGULATORY CO MISSION STAFF", "NRC STAFF'S UPDATED ANSWERS TO NATURAL RESOURCES i,. '2NSE COUNCIL, INC. AND THE SIERRA CLUB THIRD SET OF INTERR0GATORIES TO NUCLEAR REGULATORY COMMISSION STAFF," "NRC STAFF'S UPDATED ANSWERS TO NATURAL RESOURCES DEFENSE COUNCIL, INC. AND THE SIERRA CLUB EIGHTH SET OF INTERROGATORIES TO NUCLEAR REGULATORY CO MISSION STAFF", "NRC STAFF'S UPDATED ANSWERS TO NATURAL RESOURCES DEFENSE COUNCIL, INC. AND THE SIERRA CLUB REQUEST TO STAFF FOR ADMISSIONS DATED SEPTEMBER 16,1976", AND "NRC STAFF'S UPDATED ANSWERS TO NATURAL RESOURCES DEFENSE COUNCIL, INC. AND THE SIERRA CLUB, ELEVENTH SET OF INTERR0GATORIES TO NUCLEAR REGULATORY COMMISSION STAFF" in the above-captioned proceeding and have been served on the following by deposit in the United States mail, first class, or, as indicated by a double asterisk, by express mail, by an asterisk, either through deposit in the Nuclear Regulatory Commission's internal mail system or hand delivered, this 29th day of April, 1982.
t Marshall Miller, Esq., Chairman William M. Leech, Jr., Attorney Generc Administrative Judge William B. Hubbard, Chief Deputy Atomic Safety and Licensing Board Attorney General U.S. Nuclear Regulatory Comission Lee Breckenridge, Assistant Attorney Washington, D.C.
20555
- General 450 James Robertson Parkway Mr. Gustave A. Linenberger Nashville, Tennessee 37219 i
Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Q9q Washington, D.C.
20555 l
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Mr. Joe H. Walker George L. Edgar, Esq.
Frank K. Peterson, Esq.
401 Roane Street Gregg A. Day. Esq.
Harriman', Tennessee 37830 Thomas A. Schmutz, Esq.
Irvin A. Shapell, Esq.
Morgan, Lewis & Bockius William E. Lantrip, Esq.
1800 M Street, N.W.
Washington, D.C.
20036 City Attorney Municipal Building P.O. Box 1 Project Management Corporation P.O. Box U Oak Ridge, Tennessee 37830 Oak Ridge, Tennessee 37830 Lawson McGhee Public Library 500 West Church Street Barbara A. Finamore Knoxville, Tennessee 37902 Ellyn R. Weiss Dr. Thomas.B. Cochran IJarren E. Bergholz, Jr.
St Jacob Scherr Natural Resources Defense Council, Inc.
Leon Silverstrom 1725 Eye Street, N.W., Suite 600 U.S. Department of Energy Washington, D.C.
20006 1000 Independence Ave., 5.W.
Room 6-B-256 Washington, D.C.
20585 Manager of Power Tennessee Valley Authority 819 Power Buildin9 Dr. Cadet H. Hand, Jr., Director Chattanooga, Tennessee 37401 Administrative Judge Bodega Marine Laboratory University of California
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Director' Clinch River Breeder Reactor Plant P.O. Box 247 Project Bodega Bay, California 94923 U.S. Department of Energy Washington, D.C.
20585 Alan Rosenthal, Esq., Chairman Atomic Safety and Licensing Appeal Eldon V.C. Greenberg Board Panel Tuttle & Taylor U.S. Nuclear Regulatory Conmission 1901 L Street, N.W., Suite 805 Washington, D.C.
20555 Washington, D.C.
20036 Dr. John H. Buck Atomic Safety and Licensing ' Appeal Atomic Safety and Licensing Appeal Board Panel Board Panel U.S. Nuclear Regulatory Connn.ssion U.S. Nuclear Regulatory Conmission Washington, D.C.
20555 Washington, D.C.
20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section
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d-Of fice of the Secretary U.S. Nuclear Regulatory Conmission Daniel T. Swanson Washington, D.C.
20555 Counsel for NRC Staff
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