ML20078J779
| ML20078J779 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 10/12/1983 |
| From: | Oneill J CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20078J565 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8310170630 | |
| Download: ML20078J779 (10) | |
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October 12, 1983 DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OCT 14 p3:4; BEFORE THE ATOMIC SAFETY AND LICENSING BOARDFFlci 07 3gcggp 50CKLTinG & SERS"_'-
SRANCH In the Matter of
)
1 CAROLINA POWER & LIGIT COMPANY
) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN
)
50-401 OL MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
)
APPLICANTS' REPLY TO INTERVENOR WELLS EDDLEMAN'S MOTION FOR LICENSE CONDITION ON SPENT FUEL STORAGE Applicants Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency hereby reply to Intervenor Wells Eddleman's " Motion for License Condition on Spent Fuel Storage at Shearon Harris Plant," dated September 27, 1983.
For the reasons set forth in detail below, Mr. Eddleman's Motion must be denied.
I.
STATEMENT OF FACTS AND PROCEDURAL BACKGROUND on September 1, 1983, Applicants filed their " Motion for
-Summary Disposition of Intervenor Wells Eddleman's Contention 64 (f)
(Spent Fuel Shipping Cask Pressure Relief Valve). "-1/The NRC Staff supported Applicants' Motion in its " Response in Support of Appli-cants' Motion for Summary Disposition of Nells Eddleman's Contention i
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Contention 64 (f) reads as follows:
There is undue risk to the health and safety of the public since pressure valves on the casks used for spent fuel transport are likely to unseat (e. g. the 4 removed from service by GE in j
1981) or the plastic components of such valves could and would melt in a fire less severe than the test basis for spent fuel l
casks.
Open the valve and out comes the coolant -- radioactive contamination -- followed by fuel overheating & melting, Cs-137 l
boiling.
8310170630 831012 PDR ADOCK 05000400 i
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. 64 (f)," dated September 26, 1983.
On September 27, 1983, Mr. Eddleman filed his response to Applicants' Motion for Summary Disposition.
Mr. Eddleman failed to allege a material fact as to which there is a genuine. issue; instead, he filed the instant Motion for License Condition.
Mr. Eddleman states that he is willing to withdraw Eddleman 64 (f) "provided the Board will simply hold [ Applicants] to their word and impose the fol-lowing license conditions on storage and possession of spent fuel from other nuclear plants at Harris:
1.
No spent fuel shall be shipped to or from Harris in any cask which uses a pressure relief valve con-taining Rulon components, such as the Target Rock 73-J.
2.
No spent fuel shall be shipped to or from Harris except as a " dry, shipment", i.e. one cool enough to travel with no more than 1 ft3 of water in the spent fuel containing cavity."
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II.
ARGUMENT A.
This Board Lacks Jurisdiction to Adjudicate Contentions Regarding Issues of Health And Safety in Transporting Spent Fuel From Carolina Power & Light Company's Licensed l
Facilities to the Harris Plant in Shipping l
Containers Already Licensed by the NRC; Thus the Board Lacks Jurisdiction to Condition the Harris Plant Operating License with Restrictions on Shipping Cask Components or the Mode of Spent Fuel Shipments Applicants argued in their Motion for Summary Disposition i
L that this Board lacks jurisdiction over issues of health and safety involving spent fuel transportation.
Motion for Summary f
Disposition at 9-11.
Applicants renew that argument here.
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. Mr. Eddleman seeks to restrict-Carolina Power & Light Company's
("CP&L") _use of its spent fuel shipping cask as a condition to the Applicants' Harris Operating License.
Clearly the appropriate license to condition,if there were reason to question the safety of spent fuel shipments in a particular cask, would be the cask.
license itself.
In fact the IF-300 spent fuel shipping cask owned by CP&L does not permit " wet" shipments of spent fuel.
However, the Board has no jurisdiction over the IF-300 spent fuel shipping cask license.
This Motion must be denied for lack of jurisdiction.
B.
The License Conditions Proposed by Mr. Eddleman Are Neither Appropriate in the Circumstances of this Proceeding Nor Necessary to Protect the Public Health and Safety The Commission's Regulations provide that the Commission will issue a license "in such form and containing such conditions and limitations as it deems appropriate and necessary."
10 C.F.R. S 50.50.
The license conditions proposed by Mr. Eddleman are neither appropriate nor necessary.
The proposed license conditions would restrict spent fuel shipments "to and from Harris."
Contention 64 (f) is restricted by Mr. Eddleman to "any casks used to transport spent fuel to Harris."
" Wells Eddleman's Response to Applicants' Interrogatories (Third Set - End 1st Round) (Eddleman 64 (f) and 67)," dated May 6, 1983, at 2.
Thus, the license condition proposed is broader than the scope of the underlying contention.
Furthermore, with respect
~
. to shipments of spent fuel from Harris, such shipments are the responsibility of the Department of Energy
(" DOE") pursuant to a contract with Applicants for disposal of spent nuclear fuel and/or high level radioactive wastes.
Motion for Summary Dis-position at 9, note 6.
It would be inappropriate to limit the casks or mode of transport which DOE might une in the fut'ure for spent fuel shipments.
A proposed license condition would restrict spent fuel shipments to " dry shipments."
This condition is unnecessary.
The Certificate of Compliance for CP&L's IF-300 cask now only permits dry shipments.
Any amendment to a Certificate of Compliance for a spent fuel shipping cask or a license for a new cask must be approved by the NRC after a safety review.
CP&L has no present intention of shipping other than " dry" for the foreseeable future, nor is CP&L pursuing an amendment to ship spent fuel wet in its IF-300 cask.
An alternative pressure relief system would have to be developed and approved by the NRC before such an amendment could be obtained.
Applicants do not reject the possibility that some years in the future new casks of improved design will be developed and licensed.
Motion for Summary Disposition at 8, note 4.
For the present, however, a license condition is neither necessary nor appropriate.
Nor should a license condition be attached that would restrict the use of state-of-the-art advances in technology in the future.
v
. Mr. Eddleman's proposed license condition would prohibit that the use of any " pressure relief valve containing Rulon components, such as the Target Rock 73-J."
While CP&L has agreed to remove the Target Rock 73-J pressure relief valve from its IF-300 cask because of the failure of the Target Rock valve to meet certain test specifications, there has been no fact established that "Rulon components" generically are suspect for any reason.
Mr. Eddleman had argued that " plastic components" of pressure relief valves would melt.
The NRC Staff's expert, Richard H. Odegaarden, stated that Rulon valve seats would not melt at the maximum valve tempera-ture expected in a fire.
" Affidavit of Richard H.. Odegaarden Re-
[
garding Summary Disposition of Wells Eddleman Contention Number 64 (f)," at 4.
This fact was not controverted by Mr. Eddleman.
There is no factual basis for a license condition that would pro-hibit the use of any Rulon component in a pressure relief valve.
d III.
CONCLUSION Contention 64(f) is moot.
The Board lacks jurisdiction over the issues of health and safety involving spent fuel transportation.
In any event, Mr. Eddleman's proposed license con-l I
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. ditions are overly broad, unsupported, unnecessary, and inappropriate.
Mr. Eddleman's Motion for License Condition must be denied.
Re pec ull/ submitted f
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John \\H. O'Neill, Jr.
\\
SHAW,; PITTMAN, POTTS & p OWBRIDGE l803/ M Street, N.W.
s@
Washington, D.C.
20036 (202) 822-1148 Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-6517 Counsel for Applicants Dated:
October 12, 1983 l
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00LKETEE UNITED STATES OF. AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOAR GFFICE OF SECRti;.
00CKETlHG & SERVICI ON#" "
In the Matter of
)
)
CAROLINA POWER & LIGHT COMPANY
) Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN
)
50-401 OL MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of all the documents listed on the attached Document List were served this 12th day of October, 1983, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.
1
(::/ V
- )
John Yi. O'Neill, Jr.
I d
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Dated:
October 12, 1983 e
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b DOCUMENT LIST l
1.
Letter to the Board from Dean D.
Aulick, dated October 12, 1983, with attached Errata Sheet 2.
" Applicants' Motion for Summary Disposition of Joint Inter-venors' Contention-II and Wells Eddleman's Contention 37B (Health Effects)" (corrected copy) 3.
" Applicants' Interrogatories and Request for Production of Documents to Joint Intervenors (Fourth Set)"
4.
" Applicants' Reply to Intervenor Wells Eddleman's Motion for License Condition on Spent Fuel Storage" 4
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4 UNITED STATES OF AMERICA 00LKETEC NUCLEAR REGULATORY COMMISSION us n BEFORE THE ATOMIC SAFETY AND LICENSING B
)
grytcr. OF Sbgg In the Matter of 00ChLigth
)
CAROLINA POWER & LIGHT COMPANY
) Docket Nos. 50-400 OL 50-401 OL
)
and NORTH CAROLINA EASTERN
)
MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power Plant, Units 1 and 2)
)
SERVICE LIST John D.
Runkle, Esquire James L. Kelley, Esquire Conservation Council of Atomic Safety and Licensing Board North Carolina U.S. Nuclear Regulatory Commission 307 Granville Road 27514 Washington, D.C.
20555 Chapel Hill, North Carolina Mr. Glenn O. Bright M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Commission Post Office Box 12607 Washington, D.C.
20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Commission Apex, North Carolina 27502 Washington, D.C.
20555 Mr. Wells Eddleman Charles A. Barth, Esquire (4) 718-A Iredell Street Myron Karman, Esquire Durham, North Carolina 27705 Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Richard E. Jones, Esquire Washington, D.C.
20555 Vice President and Senior Counsel Carolina Power & Light Company Docketing and Service Section (3)
Post Office Box 1551 27602 Office of the Secretary Raleigh, North Carolina U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Phyllis Lotchin 108 Bridle Run Mr. Daniel F. Read, President Chapel Hill, North Carolina 27514 CHANGE /ELP 5707 Waycross Street Dr. Linda Little 27606 Raleigh, North Carolina Governor's Waste Management Board 513 Albemarle Building 325 North Salisbury Street Raleigh, North Carolina 27611
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Service List Page Two Bradley W.
Jones, Esquire U.S. Nuclear Regulatory Commission Region II 101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Robert P.
Gruber Executive Director Public Staff - NCUC Post Office Box 991 Raleigh, North Carolina 27602 l
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