ML20083J596
| ML20083J596 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 12/29/1983 |
| From: | Oneill J CAROLINA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8401050304 | |
| Download: ML20083J596 (7) | |
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1 December 29, 1983 44 00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION
'8;4 J2 -3 A10 :10 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 0FFICE OF SECRED.
00CKETmG & SERVtU In the Matter of
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BRANCH
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CAROLINA POWER & LIGHT COMPANY
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Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN
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50-401 OL MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
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Plant, Units 1 and 2)
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APPLICANTS' REPLY TO BOARD QUESTIONS OF NOVEMBER 30, 1983 (SPENT FUEL SHIPPING CASK)
By its Memorandum and Order (Ruling on Motions for Summary Disposition of Eddleman Contentions 29/30, 64(f), 75, 80 and 83/84), dated November 30, 1983, the Board granted Applicants' motion for summary disposition of Eddleman Contention 64 (f)
(Spent Fuel Shipping Cask Pressure Relief Valve).
Mr. Eddleman had failed to allege a material fact as to which there is a genuine issue in his response to Applicants' Motion for Sum-mary Disposition; instead, he had filed a " Motion for License Conditions on Spent Fuel Storage at Shearon Harris Plant,"
dated September 27, 1983.
Mr. Eddleman proposed that the Board " impose the following license conditions on storage and possession of spent fuel from other nuclear plants at i
Harris:
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No spent fuel shall be shipped to or from Harris in any cask which uses a pressure relief valve containing Rulon components, such as Target Rock 73-J.
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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 ft.3 of water in the spent fuel containing cavity."
Eddleman's Motion for License Condition at 1-2.
In its November 30 Memorandum and Order (at 9) the Board requested that the NRC Staff, Applicants and Mr. Eddleman answer the following questions to assist in its consideration of the proposed license conditions:
If Applicants at a later date seek to amend the cask license to either transport wet sh3pments and/or use pressure relief valves of the type at issue, 1.
Will Mr. Eddleman be entitled to notice and an opportunity for a hearing on the proposed amend-ment in a cask licensing proceeding?
2.
If not, would the NRC Staff and Applicants commit to providing Mr. Eddleman notice and an opportunity for a hearing on this issue in that proceeding?
Regarding the first question, the Commission's regulations do net provide for notice in the Federal Register or an oppor-tunity for a hearing with respect to an amendment to a Certifi-cate of Compliance for Radioactive Materials Packages issued by the NRC, Office of Nuclear Material Safety and Safeguards.
See 10 C.F.R. Part 71, Subpart D.
A Certificate of Compliance is not a " License" for purposes of 10 C.F.R. Part 2.-1/
Applicants are troubled by the implications of the second question.
Applicants continue to assert that this Board has no jurisdiction to adjudicate contentions regarding issues of 1/
The definition of " License" is "a license or construction permit issued by the Commission."
10 C.F.R. S 2.4 (i).
- Thus, 10 C.F.R. S 50.50 refers to issuance of " licenses and construc-tion permits" for production and utilization facilities, while 10 C.F.R. S 71.39 distinguishes among "a license, certificate of compliance, or other approval" for radioactive materials packages.
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health and safety in transporting spent fuel from Carolina Power & Light Company's ("CP&L") licensed facilities to the Harris Plant in shipping containers already approved by the NRC.
See " Applicants' Motion for Summary Disposition of Inter-venor Wells Eddleman's Contention 64 (f) (Spent Fuel Shipping Cask Pressure Relief Valve)," dated September 1, 1983, at 9-11.
Furthermore, any proposed amendment to the Certificate of Compliance for the IF-300 cask would most likely be requested generically for all four casks presently in use and not just for the cask owned by CP&L.
Applicants are certainly not in a position to bind General Electric Company (owner of the other three IF-300 casks) to procedures for amending the Certificate of Compliance.
Even if CP&L requested an amendment to its cask Certil?cate of Compliance in the future to ship spent fuel in " wet" ship-ments and/or with a Target Rock 73J pressure relief valve in its IF-300 casks, it would not necessarily involve any shipments l
to the Harris Plant.
The Board has agreed with Applicants that l
l the scope of Contention 64 (f) (and presumably the scope of l
any proposed license condition) concerns only the transport of spent fuel to the Harris Plant.
See Board's November 30 Memorandum and Order at 8.
Thus even if this Board has juris--
i diction over the issue of spent fuel cask shipments of spent fuel 'o Harris, that jurisdiction would not extend, for example, c
to an snendment to the Certificate of Compliance for the IF-300 i
cask to permit wet shipments from CP&L's Robinson Plant to its Brunswick Plant or any shipments other than to Harris.
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. g In any event, Applicants are not in a position to commit to providing Mr. Eddleman an opportunity for a hearing where the Commission's regulations make no such provision.
Under 1
the circumstances, neither can Applicants justify volunteering
- to notify Mr. Eddleman of any possible future application for an amendment to CP&L's Certificate of Compliance for the IF-300 cask.
Applicants note that Mr. Eddleman is not without an opportunity to raise this issue before the Commission should he choose to do so.
Mr. Eddleman has available to him the procedures provided by the Commission in 10 C.F.R. S 2.206.
I espe tfull' sub itted, e
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Tho
's A. Baxter, P.'C.
Joh H. O 'Neill, Jr.
SHAI, PITTMAN, POTTS &gTROWBRIDGE
'140 M Street, N.W.
Washington, D.C.
20036 (202) 822-1148 Richard E. Jones Samantha Francis Flynn i
CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 8.5.6-7707 Counsel for Applicants i
Dated:
December 29, 1983 l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket Nos. 50-400 OL AND NORTH CAROLINA EASTERN
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50-401 OL MUNICIPAL POWER AGENCY
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)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
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CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Reply to Board Questions of November 30, 1983 (Spent Fuel Shipping Cask)" were served this 29th day of December, 1983, by deposit in the U.S. mail, first class, postage prepaid, to the parties on the attached Service List.
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L Ad Jo H.
O'Neill, Jr.
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket Nos. 50-400 OL and NORTH CAROLINA EASTERN
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50-401 OL MUNICIPAL POWER AGENCY
)
)
(Shearon Harris Nuclear Power
)
Plant, Units 1 and 2)
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SERVICE LIST James L. Kelley, Esquire John D. Runkle, Esquire Atanic Safety and Licensing Board Conservation Council of North Carolina U.S. Nuclear Regulatory Ccmnission 307 Granville Road Washington, D.C.
20555 Chapel Hill, North Carolina 27514 Mr. Glenn O. Bright M. Travis Payne, Esquire Atanic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Ccanission P.O. Box 12607 Washington, D.C.
20555 Raleigh, North Carolina 27605 Dr. James H. Carpenter Dr. Richard D. Wilson Atanic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory G2nnission Apex, North Carolina 27502 Washington, D.C.
20555 Mr. Wells Eddleman Charles A. Barth, Esquire 718-A Iredell Street Janice E. Moore, Esquire Durham, Ibrth Carolina 27705 Office of Executive legal Director U.S. Nuclear Regulatory Otanission Richard E. Jones, Esquire Washington, D.C.
20555 Vice President and Senior Counsel Carolina Power & Light OcInpany Docketing and Service Section P.O. Box 1551 Office of the Secretary Raleigh, North Carolina 27602 U.S. Nuclear Regulatory Ctsnission Washington, D.C.
20555 Dr. Phyllis Iotchin 108 Bridle Run Mr. Daniel F. Read, President Chapel Hill, bbrth Carolina 27514 OIANGE/ELP.
5707 Waycross Street Dr. Linda W. Little Raleigh, North Carolina 27606 Governor's Waste Management Board 513 A1 W rle Building 325 North Salisbury Street Raleigh, North Carolina 27611 b
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5 Bradley W. Jones, Esquire U.S. Nuclear Begulatory Ccmnission Region II 101 Marrietta Street Atlanta, Georgia 30303 Ruthanne G. Miller, Esquire Atcmic Safety and Licensing Board Panel U.S. Nuclear Regulatory Ccmnission Washington, D.C.
20555 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Bax 991 Raleigh, North Carolina 27602 f
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