ML20059J979
| ML20059J979 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 01/18/1994 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Fisher W AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20059J981 | List: |
| References | |
| NUDOCS 9402010280 | |
| Download: ML20059J979 (3) | |
Text
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UNITED STATES
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5ii NUCLEAR REGULATORY COMMISSION
/
WASHINGTON, D.C. 20555-0001
- y. j January 18, 1994 Mrs. Walter Fisher 2763 Garrison Avenue Evanston, Illinois 60201
Dear Mrs. Fisher:
I am responding to your letter of August 23, 1993, to Senator Simon with regard to your concerns about storing high-level nuclear waste at the Zion nuclear power 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 s; / tor, 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 Commission." Section 133 of the NWPA states, in part, that ",..the Commission shall, by rule, establish procedures for the licensing of any technology approved by the Commission under Section 218(a) for use at the site of any civilian nuclear reactor."
Therefore, the Commission approved dry storage of spent nuclear fuel m 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 approvea ie 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, l
which became effective May 7,1993, allows any power reactor licensee to use l
the VSC-24 system, as well as four previously approvd car,k s'/ stems, to store spent nuclear reactor fuel onsite under a genocal license, provided the licensee can meet the conditions of the general license.
Consumers Power Company is the first of thne 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 over 200 persons and organizations, as well as a public meetina with inttrested citizens and governmental officials.
The analysis of public comments in the Federal Reaister notice in Enclosure 1 evidences the Commission's extensi.a consideration of, and constitutes the Commission's response to, the issues raised in those comments and public meeting. The comments included issues essentially identical to those raised by you.
With regard to your environmental concerns, lease see responses to questions 12, 57, 58, 61 and 69. As to your t.oncern about no warning for construction and use of casks at Zion, 10 CFR 72.210(b)(1) of the Commission's regulations requires that the NRC be notified at least 90 days before the 3
first storage of spent fuel under the general license. They have not done so.
I i 9402010280 940118 M
PDR ADOCK 05000295
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January 18, 1994
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'Mrs. w lter Fisher 2
a The rulemaking on the VSC-24 cask followed an application oy the VSC-24 cask vendor for U.S. Nuclear Regulatory Commission approval of the cask.
Specifically, the vendP, PSNA, first submitted a Topical Report (TR) for the " Ventilated Storagt 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, 1992, 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 ) and the SER for the VSC-24 system (see Enclosure 3).
After 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 have been filed in the litigation, and a decision could be rendered early this 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 Illinois and all other states our paramount concern in these activities.
I trust that this reply responds to your concerns.
i 7
Sincerely,;
"~Le a
\\.
Robert M. Bernero, Director k Office of Nuclear Material Safety and STfeguards t
Enclosures:
1.
58 FR 17948 2.
Certificate of Compliance 3.
Jafety Evaluation Report cc:
The Honorable Paul Simon
- 3ee previous cc:currence n
0FC STSB*
STSB*
DD:IMNS*
D:IMNS*
DD:NMSS*
NAME FSturz:lgjc CHaughney EBrach CPaperiello GArlotto DATE 1/13/94 1/13/94 1/13/94 1/14/94 1/14/94 NRRh D:dMSS'6 0FC fdekero NAME CShiraki c
DATE 1/d/94 I 1/$/94 g:\\9637.ED0 C=C0H/E= COVER & ENCLOSURE /N= COPY
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Mrs.' Walter Fisher 3
Distribution:
EDO #9637 NRC File Center Docket No. 72-1007 PDR/LPDR NMSS Dir. Office R/F IMNS Central Files NMSS R/F STSB R/F FBrown CPoland CEstep DMorris MBridgers JSniezek JBlaha HThomspson JKnubel AHsai SECY TMurley DMorris, ED0 JScinto CShiraki JTaylor OCA EDO R/F JMartin, RIII RLickus, RIII OPA CRC No: 93-1144
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