ML20065P813

Petition of Concerned Citizens of Louisa County for Leave to Intervene & Request for Hearing Re Proposed License Amend to Authorize Receipt & Storage of Surry Spent Reactor Fuel at North Anna.Certificate of Svc Encl

ML20065P813
Person / Time
Site:	North Anna
Issue date:	10/22/1982
From:	Jay Dougherty DOUGHERTY, J.B.
To:	NRC COMMISSION (OCM)
References
NUDOCS 8210260348
Download: ML20065P813 (8)

Text

.o , 10/22/82

' 00tKETED

. unac UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION *82 OCT 251

- :, .i;ff,%

) .. . .; xav1C

' In the Matter of

) I I'M

)

VIRGINIA ELECTRIC AND POWER COMPANY )

)'

(North Anna Power Sta., Units 1 & 2)

Docket Nos. 50-338 (Proposed Amendment to Operating )

50-339 License to Permit Storage of )

~

Surry Spent Fuel) )

)

PETITION FOR LEAVE TO INTERVENE Concerned Citizens of Louisa County (hereinafter

" Citizens") hereby requests leave of the Nuclear Regulatory Commission (" Commission" or "NRC") to intervene with re-i spect to the Commission's consideration of the July 13, 1982 application by the Virginia Electric and Power Company

("VEPCO" or " Applicant") for an amendment to the operating l license for the North Anna Power Station authorizing the i

receipt and storage,of spent reactor fuel from the Surry l Power Station. Said application was noticed in the Sep-tember 22, 1982 edition of the Federal Register, 47 Fed.

i 41892. Citizens further requests that the Commission hold i

7 a hearing on VEPCO's application.

i h *& ffg

~

~

osos

DESCRIPTION OF THE PETITIONEP AND HOW ITS INTERESTS WILL BE AFFECTED Concerned Citizens of Louisa County is a not-for-

' profit organization cot. prised of approximately 70 persons who reside in the vicinity of the North Anna power plant.

Citizens was established because of concern on the part of its members over threats to the safety and health of the public, and to the quality of the environment, which may be posed by the operation of the North Anna plant. Fore-most among the goals of the group are to assure that the .

plant is operated safely, and to educate its members and the general public on matters related to the plant's safe operation.

Citizens submits that it has standing to participate in the above-captioned proceeding as a representative of

its members, most if not all of which reside within 20 miles of the North Anna plant and thus satisfy the prevail-ing rules governing standing in NRC licensing proceedings.

In particular, the following members have authorized Citizens, through counsel, to represent their interests in this matter:

• Donna M. Dellett, Rick W. Dellett, and their children -

Christen, age 4, and Andy, age 1 - reside in Bumpass, Vir-ginia, within 10 miles of the North Anna plant. In addition, the Delletts are the proprietors of a retail store in Bumpass.

The Delletts' health and safety, as well as their financial

interest in the store, are threatened by VEPCO's propo' sal to add Surry spent fuel to the North Anna spent fuel pool.

If authorized, VEPCO's proposal would increase the amount

, of radioactive disharges which routinely emanate from the plan t, and create a risk of spent fuel pool accidents lead-ing to even greater harm to the Delletts.

• Collette Cole resides in Mineral, Virginia. The prop-erty on which her home is located lies adjacent to Lake Anna, into which the North Anna plant discharges thermal and radioactive effluents. Because of the risk of accidents and the chronic, long-term radioactive discharges to which VEPCO's proposal, if approved, will give rise, Ms. Cole's interest in her personal health, and in the quality of the Lake Anna area's environment, will be affected by the pro-posed license amendment.

• Pamela H. and Frederick S. Richardson reside, with their 6-year old son, Joel, alongside' Route 522 in Mineral, Virginia. Their home is situated less than a quarter-mile from the roadway, which has been designated a " primary" route for shipments of spent fuel from the Surry plant to the North Anna Plant (see letter from T.S. Scherr, U.S.

N.R.C., to R.H. Leasburg, VEPCO, July 28, 1982). Because of the risk of accidents involving spent fuel shipments, the Richardsons will suffer impairment of their safety, health, and environmental interests should the proposed license amendment be granted.

_~,---e * -

• Gary and Theresa Schwartz reside in Louisa, Virginia, with their children Lydia and Graham. Both children are en-rolled in the Mineral Elementary School in Mineral, which

.is located less than five feet from Route 522, which has been designated a " primary" route for shipments of Surry spent fuel to the North Anna plant. Because of the risk of accidents involving spent fuel shipments, as well as the children's regular exposure to low-level radiation emanat-ing from the proposed shipments, the personal safety and environmental interests of the Schwartz family will be jeop-ardized if the proposed license amendment is issued.

CONTENTIONS Citizens makes the following specific contentions con-cerning (1) alternatives to.VEPCO's proposed action, (2) the environmental hazards associated with the proposed spent fuel shipments under accident and non-accident conditions, and (3) the NRC's statutory obligations to evaluate the env-ironmental. implications of the proposed license amendment.

Citizens intends to amend and/or supplement this list in the near future.

(1) Applicant has not demonstrated that the proposed trans-fer of Surry spent fuel to North Anna is environmentally and economically preferable to the construction and use of a dry cask storage facility at the Surry Power Station.

F -.

(2) Applicant has not demonstrated that the proposed trans- ,

fer of Surry spent fuel to North Anna is environmentally and economically preferable to increasing the capacity of the

. spent fuel storage pool at the Surry Power Station.

(3) Applicant has not demonstrated that the proposed trans-fer of Surry spent fuel to North Anna is environmentally and economically preferable to operating the Surry Power Station at a reduced rate of output.

(4) Applicant has not demonstrated that the casks in which it proposes to ship Surry spent fuel to North Anna are suf-ficiently safe such that the proposed license amendment will not be inimical to the public safety and health.

(5) Applicant has not demonstrated that it will implement a transportation security plan consistent with the require-ments of part 73 of the LCommission's regulations.

(6) ' Applicant has not demonstrated that the risk of acci-dents involving shipments of Surry spent fuel to North Anna is sufficiently low such that issuance of the proposed li-cense amendment will not be inimical to the public safety and health.

(7) Applicant has not demonstrated that the radiologilal emergency response capabilities of state and local govern-ments is adequate to protect the public health and safety.

(8) The proposed license amendment constitutes a major federal action significantly af fecting the environment

and thus may not be granted prior to the preparation of an' environmental impact statement.

Respectfully submitted, Dated this 22nd day TAffles B. Doughefty of October, 1982 Counsel for Concemed Citizens of Louisa County

. 3045 Porter St., N.W.

Washington, D.C. 20008 (202)362-7158 1

e

UNITED STATES OF AMERICA US P-NUCLEAR REGULATORY COMMISSION ,

)

In the Matter of - t-ogtftpk[y, VIRGINIA ELECTRIC AND POWER COMPANY ) N'

)

(North Anna Power Sta., Units 1 & 2)

Docket Nos. 50-338 (Proposed Amendment to Operating )

50-339-License to Permit Storage of )

Surry Spent Fuel) )

)

NOTICE OF APPEARANCE Name: James B. Dougherty Address: 3045 Porter St., N.W.

Washington, D.C. 20008 Telephone: (202)362-7158 Client: Concerned Citizens of Louisa County Admitted to practice: United States Supreme Court United States Court of Appeals for for the District of Columbia Circuit United States District Court for for the District of Columbia District of Columbia Court of Appeals l

. % f'lA /

J6mds B. Dougherty /p/

4

- - s.-

t UNITED STATES OF AMERICA CC,%pf NUCLEAR REGULATORY COMMISSION

.g2 og 25 M 'N

)

In the Matter of

., i ttg

• VIRGINIA ELECTRIC AND POWER COMPANY ) ~ iBANO

)

(North Anna Power Sta., Units 1 & 2) )

Docket Nos. 50-338 (Proposed Amendment to Operating 0-339 License to Permit Storage of )

Surry Spent Fuel) )

)

CERTIFICATE OF SERVICE I certify that copies of the foregoing PETITION FOR LEAVE TO INTERVENE were served this 22nd of October, 1982, by deposit i'n the U.S. Mail, upon the following:

Michael W. Maupin, Esq.

Hunton & Williams P.O. Box 1535

Richmond, VA 23212 Executive Legal Director Nuclear Regulatory Commission Washington, D.C. 20555 Cw Dw Jambs B. Dougherty e