ML20081L440

Gane Response to Board Inquiry Re Relevance of 10CFR73.60(f) to Petition to Intervene.* Discusses Passage Cited by Board as Relevent to Petition.W/Certificate of Svc

ML20081L440
Person / Time
Site:	Neely Research Reactor
Issue date:	03/20/1995
From:	Carroll G GEORGIANS AGAINST NUCLEAR ENERGY
To:	Atomic Safety and Licensing Board Panel
References
CON-#195-16526 95-704-01-REN, 95-704-1-REN, REN, NUDOCS 9503300202
Download: ML20081L440 (3)

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ygs z.C DOCKETED UNITED STATES OF AMERICA USNRC-NUCLEAR REGULATORY COMMISSION TS MAR 23 A9 :55 ATOMIC SAFETY AND LICENSING BOARD OFFICE OF "CRETARY Before Administrative Judges: DOCKE!H - ;E RVICF 3R Ar Jr Charles Bechhoefer, Chairman Dr. Jerry R. Kline Dr. Peter S. Lam Docket No. 50-160-Ren In the Matter of ASLBP No. 95-704-01-Ren GEORGIA INSTITUTE OF TECHNOLOGY RESEARCH REACTOR Atlanta, Georgia Facility License No. R-97 GANE RESPONSE TO BOARD INQUIRY CONCERNING RELEVANCE OF 10 C.F.R. S73.60(f) TO PETITION TO INTERVENE GANE believes the passage cited by the Atomic Safety and Licensing Board is relevent to our petition. The passage reads as follows:

(f) In addition to the fixed-site requirements set forth in this section and in S73.67, the Commission may require, depending on the individual facility and site conditions, any alternate or additional measures deemed-necessary to protect against radiological sabotage at nonpower reactors licensed to operate at or above a power level of 2 megawatts thermal.

GANE interprets the passage as meaning that the security requirements for the class of licensee which includes the Georgia Tech Research Reactor are essentially established on a case-by-case, or site-specific, basis. It establishes that attaining a secure facility is the criteria that must be met, not simple compliance with a generic code of regulations. Further, it implies that these " alternate or A 60 G PDR

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additional measures deemed necessary" could be established on an ongoing basis. We have read the. entire sections of S73.60 and 973.67-in order to put the passage cited in context, and we have seen nothing i

..that suggests that.there are timeliness criteria to raising legitimate.

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-l security issues. l The presence of the Olympics in Atlanta in 1996 and Olympic Village surrounding the GTRR on Georgia Tech campus creates a new security threat, to be sure, but GANE and residents near the facility think the facility is a security threat even during " ordinary" times.

We have new~information concerning the presence of a load of fresh fuel on the premises, which is to say, there is weapons-grade uranium i that has not been degraded by fission by-products. It is our understanding that the fuel is stored by the truck door. In our reading of the above. cited sections of 10 C.F.R., we note various restrictions of proximity of various radiological hazards to each o*Arcr, and question whether the sub-critical reactor, spent fuel, fresn fuel, cobalt-60 irradiation source and the reactor which license

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is in question here, are legally configured on the site.

l We appreciate the Board's conscientious study.of these issues as the lives, health and property of several million Georgians depend on the safe resolution of these hazardous conditions.

Sincerely, 4

3 enn Carroll epresentative for GANE Dated and signed March 20, 1995 in Decatur, Georgia e

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L DOCKETED

. CERTIFICATE OF SERVICE - Docket No. (s) ' 50-160-REN USHOb s

l Secretary'  ;

U.S. Nuclear Regulatory Commission 35 ' MM 23 ~ A 9 :56

' Docketing and Service Branch ,'

Washington, DC 20555 OFFICE OF: SECRETARY 00CKE11NG & SERVICE .

Office;of Commission Appellate Adjudication BRANCH ,

~U.S.. Nuclear Regulatory Commission-Washington, IFC 20555  ;

Sherwin E. Turk, Esq. 1 Susan S. Chikadel, Esq. ,

LOffice of the General Counsel U.S. Nuclear Regulatory Commission ,

Washington, DC 20555 i

. Administrative Judge  !

Charles Bechhoefer, Chairman. ,

[

Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission

. Washington, DC 20555 Administrative-Judge  !

' Peter S. Lam  !

Atomic Safety'and Licensing Board l U.S. Nuclear-Regulatory Commission Washington, DC 20555 1 Administrative Judge -

Jerry R.'Kline  !

Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission  :

Washington, DC 20555  !

Mr. Randy A. Nordin ,

Manager - Legal Division Office of Contract Administration Georgia ~ Tech Atlanta, GA 30332-0420 .

E. Gail Gunnells Deputy Chief Legal Advisor Georgia Institute of Technology i Atlanta, GA 3'1332-0495 Ms. Pamela Blockey O'Brien

~D23-Golden Valley Douglasville, GA 30134

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