ML20058K163

Responds to 930924 Telecopy Transmitting Constituent, Aj Fredian ,Expressing Concerns About Storing Spent Fuel in VSC-24 Casks at Palisades Nuclear Plant

ML20058K163
Person / Time
Site:	Palisades
Issue date:	10/08/1993
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Upton F HOUSE OF REP.
References
CCS, NUDOCS 9312140453
Download: ML20058K163 (5)

Text

...,,,,.u.... . . . -

y f ..g

. #1 4 UNITED STATES

! lY B NUCLEAR REGULATORY COMMISSION Ta ' I WASHINGTON, D.C. 20555-0001

%v / ***** October 8, 1993 The Honorable Fred Upton U. S. House of Representatives Washington, D.C. 20515

Dear Congressman Upton:

I am responding to your telecopy of September 24, 1993, with regard to correspondence from' your constituent, Alan J. Fredian, dated September 16, 1993. Dr. Fredian expressed several concerns about storing spent fuel in the VSC-24 casks at the Palisades nuclear plant.

Section 218(a) of the Nuclear Waste Policy Act of 1982 (NWPA) includes the following directive: "The Secretary [of DOE] shall establish a demonstration program in cooperation with the private sector, for the dry storage of spent nuclear fuel at civilian nuclear power reactor sites, with the objective of establishing one or more technologies that the [ Nuclear Regulatory] Commission may, by rule, approve for use at the sites of civilian nuclear power reactors without, to the maximum extent practicable, the need for additional site-specific approvals by the Comission." Section 133 of the NWPA states, in part, that "...the Comission shall, by rule, establish procedures for the licensir.g of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear reactor."

Therefore, the Comission approved dry storage of spent nuclear fuel in publishing a final rule on July 18, 1990 (55 FR 29181), that established a new Subpart K within 10 CFR Part 72 entitled, " General License for Storage of Spent Fuel at Power Reactor Sites," and a new Subpart L within 10 CFR Part 72 entitled, " Approval of Spent Fuel Storage Casks."

On April 7,1993, the Office of the Federal Register published a Notice of Final Rule (58 FR 17948), which approved the VSC-24 cask, a cylindrical concrete cask storage system for spent fuel designed by the Pacific Sierra Nuclear Associates (PSNA). A copy of the Federal Reaister notice, including an analysis of the public comments, appears in Enclosure 1. The Final Rule, which became effective May 7,1993, allows any power reactor licensee to use the VSC-24 system, as well as four previously approved cask systems, to store spent nuclear reactor fuel onsite under a general license, provided the licensee can meet the conditions of the general license. Consumers Power Company is the first of three utilities that plan to use this cask system.

The rulemaking for this VSC-24 included a 9-month public comment period, during which we considered letters from about 200 persons and organizations, as well as a public meeting with interested citizens and governmental officials. The analysis of public comments in the Federal Reaister notice in Enclosure 1 evidences the Comission's extensive consideration of, and constitutes the Coenission's response to, the issues raised in those comments and public meeting. The comments included issues essentially identical to those raised by your constituent. The Comission's responses to the issues raised by your constituent are contained in the " Background" and responses to comments. With respect to Dr. Fredian's assertion of the need for a full EIS, please see our answer to comment 61.

9312140453 ADOCK 931008 05000255 yg o i

(

PDR l H PDR V

i The Honorable Fred Upton 2 The rulemaking on the VSC-24 cask followed an application by the VSC-24 cask vendor for U.S. Nuclear Regulatory Commission approval of the cask.

Specifically, the vendor, PSNA, first submitted a Topical Report (TR) for the " Ventilated Storage Cask Systems" (VSC-24) on February 24, 1989. NRC accepted the cask design as described in the TR and issued a Safety Evaluation Report (SER) on March 29, 1991. On November 4, 1991, PSNA submitted a " Safety Analysis Report for the Ventilated Storage Cask Systems," (SAR) in support of its application for a certificate of compliance to be used under a general license. Based on the review of the SAR, NRC issued an SER dated May 6, 1992, and a " Proposed Certificate of Compliance for the Ventilated Storage Cask (VSC-24) for Irradiated Fuel" dated May 5, 1992.

NRC issued a final Certificate of Compliance after the rulemaking, on May 3, 1993. We are providing a copy of the Certificate of Compliance (see Enclosure 2) and the SER for the VSC-24 system (see Enclosure 3). ,

After the NPC rulemaking generically approved the VSC-24 for use, the Michigan Attorney General, together with the Lake Michigan Federation and three nearby cottage owners, petitioned the U.S. District Court in Grand Rapids to stay the rule and stop use of the cask. The court denied the petitioners' request, as did the U.S. Court of Appeals in Cincinnati. Petitioners subsequently requested the Court of Appeals to invalidate the NRC rulemaking approving the cask. That request is pending, briefs will be filed in the litigation this fall, and a decision could be rendered later this year or early next year.

In dealing with these issues, we have carefully considered the views of Members of Congress, the Michigan Attorney General, and a number of private citizens and groups expressing concern about this storage system. We reflect our consideration of these views in the enclosures to this letter. We will continue to keep the public health and safety of the citizens of Michigan and' all other states our paramount concern in these activities. I trust that this reply and the enclosed material will help to respond to your constituent's concerns.

Sincerely,

/

\. Wr

a. s M. Taylov (

ecutive Director for Operations

Enclosures:

1. 58 FR 17948

2. Certificate of Compliance

3. Safety Evaluation Report

} .Ch/UL]

October 8, 1993

.The Honorable Fred Upton 2 The rulemaking on the VSC-24 cask followed an application by the VSC-24 cask

, vendor for U.S. Nuclear Regulatory Commission approval of the cask.

Specifically, the vendor, PSNA, first submitted a Topical Report (TR) for the " Ventilated Storage Cask Systems" (VSC-24) on February 24, 1989. NRC accepted the cask design as described in the TR and issued a Safety Evaluation Report (SER) on March 29, 1991. On November 4,1991, PSNA submitted a " Safety Analysis Report for the Ventilated Storage Cask Systems," (SAR) in support of its application for a certificate of compliance to be used under a general license. Based on the review of the SAR, NRC issued an SER dated May 6, 1992, .

and a " Proposed Certificate of Compliance for the Ventilated Storage Cask (VSC-24) for Irradiated Fuel" dated May 5,1992.

NRC issued a final Certificate of Compliance after the rulemaking, on May 3, 1993. We are providing a copy of the Certificate of Compliance (see Enclosure 2) and the SER for the VSC-24 system (see Enclosure 3). -

A f s _ .- the NRC rulemaking generically approved the VSC-24 for use, the Michigan Attorney General, together with the Lake Michigan Federation and three nearby cottage owners, petitioned the U.S. District Court in Grand Rapids to stay the rule and stop use of the cask. The court denied the petitioners' request, as did the U.S. Court of Appeals in Cincinnati. Petitioners subsequently requested the Court of Appeals to invalidate the NRC rulemaking approving the cask. That request is pending, briefs will be filed in the litigation this fall, and a decision could be rendered later this year or early next year.

In dealing with these issues, we have carefully considered the views of Members of Congress, the Michigan Attorney General, and a number of private citizens and groups expressing concern about this storage system. We reflect our consideration of these views in the enclosures to this letter. We will continue to keep the public health and safety of the citizens of Michigan and all other states our paramount concern in these activities. I trust that this reply and the enclosed material will help to respond to your constituent's concerns.

Sincerely' Orignaldgned by Jmos ilTaybr James M. Taylor Executive Director for Operations

Enclosures:

C/ A

1. 58 FR 17948 Certificate of Compliance 9e 2.

3. Safety Evaluation Report Distribution: see attached sheet EKraus concurred similar letter 8/4/93 ,

0FC STSB C- SRds , A 6 STS$ 6 dGC, ,/ k /)STSB d k DD: INNS NAME FBrown:fb ke[ FShz WRe erfil bkHauhey BBk$

DATE 094793 09/th93 09/h93 09/20/93 h[/93 h/93 ~

0FC DD:IMNS ' ) DD:NMSS DD:NMSS J, DEDS i f OCA r ED0T [

NAME CJPaphiblo GAArlotto RMBerndo HThoksYn ')b JTay DATE N/d93 09/ /93 NN/93 10[///93 10M/[93 /0h/93 C= COPY E = COVER & ENCLOSURE N = NO COPY G:upton.flb

EE -IJ-1993 11:47 FROM CONGRESSt%N UPTON TO' 9C0dO416E P.01

• • '8 tuenos e.w couutRCE CoMusTTEE , ,p m.,,,,._ ,,,,

- - -a. x r III IO' M"

,g % t AN $t A DNS ses 2

L(4D(# $ ?.$R SOACE ON .

--.-n 4AMPalGN PEFODM

!JCiAL. SECup1TV CAUCUS Cottgress of tijc Elnitch fptates .

$'.JCSE.M W 49099

. ..t....

.euvoueo uvoN houst of Etytt%entatibed JOAN Mu184AhC$. $T AF, DIO(CTO4 cw t iss caucus FRED UPTON STM DisTmCt. M'CHK A"

~

t:;e$. Its5 cm. oL ON TELECOPY COVER LETTER PLEASE DELIVER THE FOLLOWING PAGES:

TO: b hV9 % CaED M BUSINESS: NO REGARDING: fTM# }

AT COPIER PHONE 4: 60 \- Son - 16 71 FROM: k hvi 'JD U TOTAL # OF PAGES (INCLUDING COVER SHEET) k DATE: i-M-73 _

IF YOU DO NOT RECEIVE ALL PAGES OR HAVE ANY PROBLEMS WITH RECEIVING, PLEASE CALL: (202) 225-3761

- L._hVD W - ,

MELP !

Cw w 00 L\, u 10 - u om 1

w wv

/

ft O\.,NM m R Q _$% CEC,%cv 3 .

) i AM __,

l PLEASE REPLY TO WASHINGTON OmCE UNLESS INDICATED. O ST. JOSEPH C KALAMAZg I

s4TreaTE orrict souns in Tsatt nivtas Awo sTunois. catt Tus cerier ctostst To veu ren isrcewaticu- -

m .31.uo~e......rco o.,..... M o e...eveaet u s l 1

I I

j

HEP-24-19?3 11:J3 FROf1 CONGRESSMAN UPTOtf TO 91301EC41672 P.02 -

I

, l

• covert, Michigan 49043 29303 Shorewood Drive S$$ Qh September 16, 1993 ,

Roprosentativo Fred'Uption U.S. House of Representatives 2439 Rayburn Washington, DC 20515

Dear Representativ.e ,

Upti.on: _,

am asking yrsur As a resident in the state of Michigan

,I cooperation in requesting the Nuclear Regulatory Commiscion to do an environmental innact statament regarding the storage of spent nuclear fuel rods in VSC-24 casks at the Palisades power plant, on the shore of Lake Michigan in Covert, Michigan. .

The Palisades Nuclear Power plant has already begun placing the rods in these storage casks which have not been fully tested to assure reasonable safety It seems to me that such action should never bo permitted. If we cannot agron to store nuclear waste in deserts or salt mines, why should we store such potentially risky materials in an area where '

the temperature varies, where the ground is porus (sand) , and where the largest cluster of fresh water lakes in the world is found?

Please look into this matter which is of national, state and local  ;

concern. I look forward to hearing from you.

Gincercly,

!~. ,

Alan J. Fredian, Ph.D.

l l

l I

4 J

l CONGRESSIONAL CORRESPONDENCE SYSTEM DOCUMENT PRZPARATION CHECKLIST This checklist is be submitted with each document (or group of G3/As) sent for + ing into the CCS. M

1. BRIEF DESCRIPTION OF DOCUXENTfS) ,' k 2

- 4

2. TTPE or- N \ Correspondance Kaw4=&(gsgash

3. DOCUMENT CONTROL Sensitive (NRC On17) Non-sensitive

4. CONGRESSIONAL COMMITTEE and SUBCOMMITTEES (if applicable)

Congressional Committaa subcommittaa

• i

5. SUBJECT CODES l

(a) j (b) i (c) l

6. SOURCE OF DOCUMENTS (a) __ 5520 (document nans __.

(b) A scan (c) ,,

At'Eachments (d) Raksy (e) _

Other

7. SYSTEM LOG DATES l (a) / /5) Date OCA seattdocument to CCS (b) Data CC3. receives

• document (c) Data returned to CCA for additional information Data resubmitted by-CCA to CCS e (d)

(a) _

Data entered into CCS by (f) Data OCA notified that document is in CCS

,, ecxxEur, 2900':a

!