ML20083K288
| ML20083K288 | |
| Person / Time | |
|---|---|
| Site: | Atlantic Nuclear Power Plant  |
| Issue date: | 01/12/1979 |
| From: | Weiss E SHELDON, HARMON & WEISS |
| To: | |
| Shared Package | |
| ML19274D286 | List: |
| References | |
| NUDOCS 7901230026 | |
| Download: ML20083K288 (21) | |
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Q UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
)
OFFSHORE POWER SYSTEMS ) Docket No. STN 50-437
)
(Floating Nuclear Power )
Plants) )
BRIEF OF THE UNION OF CONCERNED SCIENTISTS, AMICUS' CURIAE Summary and Introduction The Commission has accepted review of the following question certified to it by the Appeal Board in ALAB-500:
whether Class 9 accidents are a proper subject for considera-tion in the staff's environmental statement on the floating nuclear power plant' application. In its Order of December 8, 1978, the Commission invited the participation of amici curiae in this review and_ permitted amicus briefs to be submitted which support, oppose or take no position'on the ,
certified question. In response to the Commission's invita-tion, the Union of Concerned Scientists (" UCS " ) has prepared this brief.
UCS believes that the result reached in ALAB-489'was the
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correct one; that is, that the environmental: review done for the OPS proceeding should include an evaluation'of the probabi-lity and consequence of Class 9 accidents. UCS'will not present argument here on the merits'of the specific reasoning adopted by the Appeal Board in ALAB-489, but will instead e
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present an alternative argument supporting the result reached. This,should not be taken as expressing either disagreen.ent or agreement with the rationale of ALAB-489.
UCS' position, briefly stated, i,s that the Commission lacks a technically defensible basis for unsupported state- -
ments in the Annex to Appendix D of 10 CFR Part 50 that the probability of the occurrence of Class 9 accidents is "so small that their environmental risk is extremely low . . ."
The only arguably scientific support for such a conclusion was the Reactor Safety Study -- WASH-1400 -- and its con-clusions with regard to this issue have been fatally under-mined by the recently published Report of the Risk Assessment Review Group, NUREG/CR-0400. In the absence of a rationally
. supportable method of classifying some accident sequences as-
" incredible," and in advance of a rulemaking proceeding to 1/
amend the Annex,~ the appropriate course of. action for the' Commission to follow is to permit the issue of Class 9 accidents to be raised on a case-by-case basis, as it did with the issue of the environmental affects of radon. .
In addition, we will argue that, as a matter of law, th'e interim Annex cannot serve as a basis for excluding the consideration of Class 9 accidents. The Annex is not a rule; 1/ It should be noted that UCS has submitted to.the Commission a " Draft NRC Statement of Policy Concerning Reactor. Safety Study and Notice of Intention to Promulgate Regulations,"
attached to a letter of November 1, 1978, to the Commissioners.
We believe that the proposed rulemaking discusse.d in'.that document provides a reasonable basis for dealing with.this issue generically.
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l l at.most it is an interim statement of policy promulgated and maintained without the requisitea of administrative due
- process which attach to rulemaking and adjudication. There-fore, the factual basis and conclusions of the Annex are j open to challenge in licensing proceedings. .
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! Argument
- 1. The Exclusion of Class 9 Accidents from Considera-l tion on the Basis of the Annex is Technically-Indefensible.
. Since 1971, the AEC and then the NRC have followed the practice of disregarding the potentially enormous environ-4 mental effects of a " catastrophic" reactor accident (breach .
of containment or core melt) on the. grounds that the probabil-
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ity of such an accident occurring is so remote as to be
- essentially incredible. The slim reed upon which this regu-1 latory position is based is found in th'e proposed Annex to.
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- Appendix D of 10 CFR part 50 which has had the status of an " interim" policy statement for seven (7). years. . The 1
Annex neither contains nor references any techn,ical support for the conclusion that the probability of a Class 9, accident .
is " remote," nor does the An'nex provide a quantitative i equivalent of the terms, "so small," or,"sufficiently remote."
Hence,: the Appeal Board's characteritation of .the Annex is .
-appropriate: the likelihood-of a. Class.9 occurrence "is
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deemed highly improbable . . . . ( ALAB-489, 8 NRC 194, 209
! (August, 1978. ) . Emphasis f added. ) ,
- s. -,
-4 The Reactor Safety Study ("RSS") was undertaken by the AEC in 1972 fo'r the critically important. purpose of estab-lishing a solid, scientific basis for the commission's. j claims about the safety of nuclear rsacters. While the.AEC. l l
claimed, as in the Annex, that its regulatory policies of ,
j defense-in-depth, quality assurance,-2/ maintenance and '
testing, and conservative design, resulted in an extremely
-low probability of catastrophic accident, it had no docu-mented estimates of accid.ent probabilities or of the overall level of risk posed by the commercial nuclear plants it .
licensed. ,
Dr. Peter Morris, then Director of the AEC's Division of Reactor Licensing, stated in an April, 1972, memorandum:
, Associating technically defensible proba-bilities with Class 9 accidents (a major accident involving farge radiation releases) is not possible at this time. To develop a basis for this is, and has been, the subject of much discussion among the top Regulatory Staff and a very substantial technical effort over a considerable length of time. ,/3 Dr. Stephen H. Hanauer, Technical Advisor to the Director of Regulation at the time, wrote a set of notes'on the RSS proposal in March of 1972 that summed up the pre-RSS predica-ment of the AEC. All that could be done in justifying the 2/ The staff has lately conceded in another context that the strict quality assurance requirements of 10 CFR Part 50, Appendix B were.not applied to the vast majority of' reactors
! in operation -- all of those which received construct' ion permits i prior to' July 27, 1970. To these plants, only the "rather
- general" provisions of Appendix A, GDC-1, were applied. _See, l Memorandum from' Harold R. Denton to the Commissioners', " Union of Concerned Scientists' Petition for Reconsideration'-Dated May 2, 1978," August 31, 1978, Enclosure 1, pp. 5-6.
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i 3/ Peter Morris, " Federal' Agency. Comments on Accident Analysis "
AEO. internal memorandum, April,-1972.
l licensing of nuclear plants while the'RSS was " perking along" 4/
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was just to " wave arms and talk loud."
i It is'true, of course, that various safety precautions are taken in many aspects of reactor design, construction and operation. What the AEC was lacking, and what the RSS' -
has intended to provide, was a definitive scientific assess-ment of the level of safety achieved by these safety-related efforts. There was and is no scientific controversy about the fact that the potential consequences of uncontrolled
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reactor accidents, direct'and indirect, are so great that it would be imprudent to build plants, especially near populated .
areas, unless convincing assurance is available that the actual risk is very' low. The RSS was an attempt to demon-strate this point -- the only systematic attempt the AEC or the NRC has ever undertaken. The undermining of critical portions of the RSS.as a consequence of the. Risk As'sessment
- Review Group Report leaves the bommission with no technical basis for concluding that the probability of'a Class-9 accident is so remote as to justify.the Annex's. direction that the consequences of such accidents be excluded f' rom review.
,- The Risk Assessment Review Gro'up,was composed of a panel-of scientists established by the NRC in July,1977, to review
, WASH-1400 and its growing bod'y of peer criticism. The final 4/ . Stephen H. Hanauer, " Notes on MIT Study Proposal,"LAEC Internal memorandum, March 22, 1972.
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i O O report of the group, NUREG/CR-0400, was published in September, 1978. It conciudes, inter alia, that, although the method-ology of WASH-1400 may*in ce'rtain limited instances be usefully l employed, particularly as an indication of areas requiring i .
research priority, the quantitative risk assessment provided ,
in WASH-1400 is technically indefensible. This is due in i
many cases to an inadequate data base, in others to a failure
-to quantify common cause accidents, and finally to the use of some unjustifiable methodological and statistical techniques, among other reasons. The Risk Assessment Review Group recom-mends a number of steps. Among the most'significant are that neither the absolute risk figures nor the consequence model from FASH-1400 be used uncritically in the. regulatory process.
1 The RSS does not provide a valid sc3entific assessment of the safety of~ nuclear power reactors. WASH-1400 is .
defective in many significant ways.
Many of the calculations
, are wrong, and the absolute risk figures Are not reliable.
WASH-1400 does not support the conclusion that the probability of a Class 9 accident is so remote as to be incredible for l regulatory purposes.
Tacitly, the staff has recognized the indefensibility of.the Annex's absolutist.public position on Class 9 accidents.--
Indeed, it maintained before the Appeal' Board that its inter-
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pretation of the siting' guidelines of Part 100, as expr'essed.
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in the Standard Review Plan ("SRP"), should have made it clear to applicants that a highly populated proposed site could be rejected solely because of the potential population exposures which might result from a Class 9 accident. (See, ALAB-489, supra, at 223-223). As the Appeal Board noted, the circumspect, virtually " code" language of the SRP makes no use of the terms " Class 9 acciden'ts," " core-melt," or -
" accidents beyond the design basis." (IS, n. 107 p. 224).
While the Appeal Board was concerned that such'obfus-l cation might result in a failure to fairly inform applicants .
1 of what is required of them, UCS takes a somewhat different view of the matter. In our opinion, both applicants and staff are auare of the way Part 100 is used to reject highly populated sites that would otherwise meet the regulations; it.is the public and perhaps even some of the Commissioners I who have not been provided with the. key to the code'. UCS believes that the staff should continue to reject highly populated sites but that it should clearly and publicly ack'nowledge that it does so based upon a consi'deration of ,
the consequences of Class 9 accidents. It should also acknowledge that the Annex's exclus' ion 5f such events from- ;
.- environmental review is incongruous ~and' technically unjusti-fiable. -
We include for the Commission's consideration ~a copy of-a memorandum and attachments release'd to UCS pursuant-to a -
Freedom of Information request. The memorandum, dated April 18, i
N.
_ _ _ . y 1975, from~ Stephen H. Hanauer to Edsor. C. Case, Deputy ,
, Director, Office of Nuclear Reactor-Regulation, provides i
comments on various proposed alternative regulatory methods i
l for dealing with core melt accidents'for the floating nuclear plant.-5/ Dr. Hanauer stated: .
- CORE MELT CONSIDERATIONS FOR FLOATING NUCLEAR i POWER PLANTS i .
While I agree with you that Alternative 1 is i untenable, I do not think that the issue you
, raise can be considered solely within the four
, corners of the floating-plant question. True, we might do as the lawyers suggest and try to .
treat floating plants specially because'of the lack of experience, but this does not seem to s
me to be a correct position. Moreover, I do ,
not believe that your proposed Alternative 4 really solves the problem.
, The licensability of the floating plant depends, it see'ms to me, on two decisions: (1) Whether the plant -- reactor platform, moorings, break-water, etc. -- are adequately designed, and (2) Whether it is alright to put this sort of' machine out in the water near the coast.
If only design basis accidents'are considered, and if such problems as bre'akwaters.and ship collisions are properly resolved, there is no difference in concept between land reactor-safety and floating reactor safety. But this 4
is'not be any means the first time that such 4
questions have affected reactor licensing.-
Indeed, if only design basis-accidents and i the words of Part 100 are considered, we
! would allow plants to be built in Burlington for sure, and probably at Edgar and Ravenswood.
Yet all these three sites were rejected because they are too close to large populations. One -
of the rationales for'this was the unlikelihood of successful evacuation of large dense popu-lations. However, behind this was another-con. sideration in the' backs of everybody's'
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5_/ UCS does not presently have a copy-of either*Enclos'ure l' to Dr. Hanauer's: memorandum or the-document' describing the-
' alternatives. which Dr. Hanaued was1 commenting on, although -
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they should, of. course,cbe. accessible to.the Commission..-UCS recommends that they also be made accessible to the public..
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1 i minds that very large accidents are possible and that their possibility, even though they are very improbable, dictates keeping reactors out i
of' highly populated areas.
i I believe that the ACRS is correct in asking the FNP applicant to consider accidents worse than the design basis. I believe that NRC l should also develop an adequate appreciation .
- whether bad accidents (outside the design j'
basis) would bo ' catastrophic' in the FNP.
Now, unfortunately, I don't have a good i definition for ' catastrophic' or a good .
l definition how low the probability should j be before I am willing to accept a ,
i ' catastrophic.' Ideally, one would have j at least a comparative Rasmussen-like study. l j In the real world, this is some time off.
Dr. Hanauer's memorandum supports the UCS argument that the Annex's treatment of Class 9 accidents is insup- .
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! portable.and that the staff's actions have recognized as -
much. This may have special significance in the OPS case'
) insofar as it illuminates _the point that the consequences portion of the risk equation is constantly shifting, depending
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j on site-specific factors. Analysis of the consequences of ,
- Class 9 accidents in the context of Part 100'is already -
done on a case-by-case basis, reflecting the. tremendous ,-
I difference that site-specific characteristics, primarily of population density and distribution,_can make on the cal-i .- culation of consequences. . ,~ ,
It may be suggested to th'e Commission.that it should' i-l resolve this dilemma by repudiating the_ staff's. interpretation
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of Part 100.and thus removing any consideration of Class,9 i
accidents from the licensing process. That would be a -
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disastrous irony, and we urge the Commission to reject any such invitation to hide its head in the sand. Rather, the Commission should now affirm that the excessively prolonged
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period of relying on the " interim" Annux to shut off NEPA review of the risks of Class,9 accidents is ended and allow .
these issues to be explored on a case-by-case basis' pending generic resolution l
l 2. The Exclusion of Calls 9 Accidents from l Consideration on the Basis of the Interim ~
l Annex is Legally Indefensible.
Both the majority and the dissent in ALAB-489 rely on the, policy purported to have been established when th'e Annex to Appendix D of 10 CFR Part 50 was published as part of a proposed rule. (36 FR 22851-52, December 1, 1971). Only by finding that the riskslof Class 9 accidents at floating nuclear plants had not been considered at the time the Annex was published does the majority, reach the conclusion that the Class 9 accidents must be considered here.
While the result in this case is correct, reliance on the Annex for the proposition that Class 9 accidents need not and may not be considered is misplaced. The Annex is nothing more than an unsupported statement.of what the Commission once proposed as a policy but never adopted. It is not a regulation, and it is not binding on any of'the parties, including the 1
Commission. l 1/-
As the majority explained, the Annex was part of a 6/ ALAB-489, supra, pp. 209-210.
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proposed rule for implementing NEPA. When it issued the ,
2 Annex, the AEC explained that:
- The proposed amendments would, by the addition
- of an Annex to Appendix D, specify certain standardized accident assumptions to be used '
! in Environmental Reports submitted by applicants '
4 for construction permits or operating licenses ~
! for nuclear power reactors pursuant to Appendix D. The accident assumptions and other provisions of.the proposed amendments would also be applic-
, able to AEC draft and final Detailed Statements.
- i' (36 FR 22851. Emphasis added.) .
I At that time, the commission apparently understood that ,
4 it was not yet establishing standardized accident assumptions, ,
i l and that-it had to take further action in order to do so. ,
The Commission also understood that even proposed rules may be useful to the public in indicating the approach that it !
i intends to take: .
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- The Commission expects that the pr6 visions of
- the' proposed amendments will be useful as interim . .
guidance until such time as'the Commission. takes ~ ~
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further action on them.
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) Since the proposed rule'was issued, the Commission has.
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taken no action with respect,to the Annex', though it did I codify other parts of its NEPA regulations in 1974, at:which j . time it stated that the Annex'was "still under' consideration,"
and that its status had not changed. The question,'then, is: ,
- what the Annex was, and what ' impact', if any,it could have on licensing proceedings.
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. The answer is that"the. Annex was simply al general statement O
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Q Q of policy that had no force of law and could h. ave no impact.
The fundamental, rules of administrative procedure and due j process that govern this case were clearly stated in Pacific
' Gas & Electric Co. v. Federal Power Commission, 506 F. 2d 33, 38 (D.C. Cir. 1974): .
An administrative" agency has available two methods for formulating policy that will have the force of law. An agency may establish binding policy through rulemaking procedures by which '
it promulgates substantive rules, or through adjudications'which constitute binding pre-cedents. A general statement of policy is the outcome of neither a rulemaking nor an adjudication; it is neither a rule nor a precedent but is merely an announcement to the public of the policy'which the agency hopes to implement in future,rulemakings or adjudica-tions. A general statement of policy, like a '
. press release, presages an upcoming rulemaking or announces'the course which the agency intends to follow in future adjudications.
The Annex has not been made binding either through rule-mak'ing or through binding 3recedents. It merely states what the Commis~sion intended in.1971 to establish as policy. In the Court's words: .
When the agency applies the policy in'a particular situation, it must be. prepared to support the policy just as if the policy statement had never been issued. An agency cannot escape its respon-sibility to present evidence and reasoning supporting its substantive rules by announcing binding precedent in the form of a general statement of policy.
(Id_. Emphasis added.)
In this part'icular situation, the question is whether.
the possibility of a Class 9 accid'ent is-so remote that.it
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need not be considered in environmental reviews required by
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NEPA. The current evidence, discussed elsewhere in this brief, establishes that there is no rational basis for reaching such a conclusion. However, even assuming that the Appeal Board could reasonably reach that conclusion based on some evidence, it may not do so on the basis of the Annex. Rather,.
it must consider the factual issue and reach.a decision independently of the general statement of policy embodied in the Annex.
The Appeal Board cites three cases to support its reliance on the Annex, Carolina Environmental Study Group v. United States, 510 F. 2d 796 (D.C. Cir. 1975),' Porter County Chapter of Izaak Walton League v. Atomic Energy Commission, 533 F. 2d 1011 (7th Cir. 1976), and Ecology Action v. United States Atomic Energy Commission, 492 F.2d 998 (2d Cir. 1974) . The latter case is irrelevant becauseLit involves only the ques-tion of whether a Commission decision could be appealed'and .
does not involve any substantive issues. The first two do i consider the distinction between Class 9 and.'other types of
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accidents, but the decision in each case is based explicitly
.and clearly on the' record of that' case. For e'x ample, in' Carolina Environmental Study Group, supra', relie'd on heavily
,- by the Appeal Board, the petitioners had not introduced any evidence to challenge the conclusions ~ stated ini the.AEC's environmental impact statement with regard to the remote probability of Class 9 accidentst Rather,-they challenged the basic policy of excluding certain events on probability
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_14 alone, without consideration of consequences. The Court i
l held that "ther'e is a point at which the probability of an-occurrence may,be so low as to' render.it almost totally, unworthy of consideration." (pl., p. 799). The Court was .
clearly correct in this statement of general principle, and -
many courts have ruled in similar fashion, articulating the
" rule of reason" for NEPA implementation. The Court went on to make it clear that its acceptance of a Class 9 accident as one of such low probability was based solely on the record of that proceeding, consisting of the unchallenged statements of the AEC:
We find nothing in the instant record which would indicate that the AEC findings regarding 4 ,
Class 9 accidents are. clearly erroneous . . . . .
(13., p. 800. Emphasis added.)
No court has ever held that the interim policy statement
. contained-in the Annex can be used at the threshold to cut off inquiry into the factual basis for or+the conclusions
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expressed in the Annex. Such a ruling would be unthinkable, j
particularly when the party which seeks to initiate'the .
inquiry is the NRC staff..
, We are.left, in this case,.with a decision based on a proposed. rule that has never been issued as a final. rule'.
- Since it was merely a proposal made seven years ago,.there is no indication of what form it would take if ever final'ized.
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All we know is that the Commission is still "considering" it.
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As stated by the Court in Wuillamey v. Werblin, 364 F'.'Supp.
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G Q 237, 243 (D.N.J. 1973):
A proposed regulation may be modified or abandoned. It does not have the force of law.
Since the Annex, either as a statement of policy or as a proposed rule, does not have the force of law, it cannot .
be used as the basis for cutting off all inquiry into the risks of Class 9 accidents.
Conclusion .
Unlike the Licensing and Appeal Boards, the Commission should not feel itself bound by the words of a 1971 interim policy statement of the AEC which has no basis for continued-vitality in fact or in law. There are many grounds,'some more narrow than others, upon which the Commission can reach the correct result, which is to allow the parties in the OPS proceeding to develop-a record- on the risks of Class 9 accidents and the propriety of requiring engineered safe-guards to protect the public from these risks. UCS believes that it is not in the best interest of rational regulatory policy for the Commission to adopt a ruling which would. .
leave its a'djudicatory boards uncertain about the status of the Annex. In any case, it is clear:that the Annex cannot be used in this proceeding as a. shield against.iconsideration of a question vital to the Commissions duty to protect public health and safety.
The staff has concluded that new safeguards are required i
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in the case of a floating' nuclear plant, a new concept in i 1
reactor siting, to fully protect the public's safety.
The Applicant asks you to rule, without hearing any evidence, that mere consideration of such safeguards is precluded by an interim rule which has been languishing for seven years. .
Such a result is preposterous, and we feel' confident that the Commission will reject it.
Respectfully submitted, The Union of. Concerned Scientists BY: b Ellyn/R. Weiss Sheldon, Harmon, Roisman &
Weiss 1025 15th Street, N.W.
Suite 500 Washington, D.C. 20005 (202) 833-9070 .
DATED: January 12, 1979 -
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.i /that Uhilethe I agree issue with you raise you that can Alternative be considered 1 issolely untenable. within the I dofour not think .-. ,.9,4.'.:f .:7 ]
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.'The licensability of the floating plant depends, it see=s to r:e, on two ' j/,,'J- Z-'
';'.!E . decisicas: (1) Ubather the plant - reactor platform, noorinps,. break- .
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" safety. But this is not by any means the first time that such questions -
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have affected reactor licensing. Indeed,'if only design basis accidents . - ,- -
7; *l built and the words of Part 100 were considered, we could allow plants to be :' . 5 in Burlington for sure, and probably at Edgar and Ravenswood. - -
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Yet all these three sites were rejected because they are too close to ~
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I believe that the ACRS is correct in asking th'e FNP applicant to consider. .
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a good definition for catastrophic" or a' good definition how icw the . .
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r,$ Your Alternative 4 is an attecpt to reach some decisions pending the #
@ . completion of a good safety study for the FNP. I don't see how it can be made viable, llaving opened the question about core telt consequences,
.fj fB you can't proceed without an answer in r.;y opinion. The work you propose to get done and the papers you propose to circulate are incomplete, and in
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f.$: a certain way trivial, without an adequate consideration of the core celt ,
problen. I much prefer your Alternative 5 with some rearranged priorities .
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and maybe some intensive work by the applicant. That's what I think - -
Alternative 4 would end up looking 'like anyway.
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ps There are so=e other important questions about the floating plant, such as '.
Ri - . .outside power reliability, storms and breakwaters, ship collisions, etc.
C . y, I think these should be pursued without waiting for the core melt question.
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S'd , There are lots of plant design details for which a suitable reso.l utionfis : ..
M .. .. sure to be available. I question whether doing a lot of work on these at - -
'.h .' ,ethe present time is really worthwhile. . ... . . .. ..
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?$ Attached are a draft talking paper on the Rasmussen Study and how it :
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affects Class g accidents and also some detailed coments on the raterials A trans:sitted to me on March 31st. -
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- ;'c. . :. Stephen H, Hanauer Q.t
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Technical Advisor
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?,my DETAILED COMMENTS A.h 3
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$h Page 1 - The frequency discussed here follows from the assumption that about 1,000 reactors are in operation. Some distinction should be made
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between today with 50 reactors running and A.D. 2000 with 500 to 1,000 reactors running.
M 4R Page 2 - One of the lessons of the Rasmussen study is that most core
- .i$ meltdowns do not have drastic consequences. This puts " catastrophes" 4 further down on the probability scale because of their unlikelihood s'.$ even if the core melts. The discussion here does not make this distinction f-C and therefore fails to learn an important lesson from the Safety study.
'Ok Page 4 - The summary in the last half of this page is more simplistic than the facts. The material in the last three lines, and on top of
-JM
'page 5, neglects entirely the sort of considerations that have led
'.4@2J. to the rejection of proposals to build reactors at Burlington, Ravenswood Sy and Edgar. Thus, while each word of this discussion is true, it fails
- q$ to take an important factor into account.
y@y Reactors must be shown to be safe in consideration of all possible M occurrences. The spectrum of such occurrences ranges from the trivial 2 - to the catastrophic. For occurrences within the design basis the co.7 sequences
.% must be shown to be tolerable by conservative evaluations. 'For postulated .
-$ events outside the design basis the probability must be shown to be low n3 and acceptable and qualitatively depend on whether the probability is . low enough in relation to the consequences. The value of the Safety study is
% just in that it makes thes.e relationships explicit and quantitative.
g Page 5 - We have indeed implied that core meltdown frequency is lower than 10-6 per reactor year. This problem is ' discussed in detail in a separate
.$ attachment.
M Page 8 - Item 3 has to be demonstrated. It has not been so demonstrated f* .y yet in a way that is convincing to me. -
-W Page 9 - The basis for Item 4 is not evident to me. Are there evaluations
-Y or calculations that show this in any quantitctive way? In particular, the' e discussion of differences in failure mode between. ice condenser containment
.M and the containments studied'in Wash 1400 should be substituted or deleted.
4 Similarly, Item 5 seems to contain several unacknowledged conjectures.
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3 . Page 12 - I agre'e with you that Alternative 1 is untenable. Even if I
-# thought it was true, I doubt if an acceptable defense of it could be
@ sold to the board, the courts or the public. I do not believe it is true. -
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i Page 13 - I don't see how we could recommend building a small number of
.J plants with this kind of an open question regarding their safety.
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Ti Alternative 3 ignores the problea unacceptably and proposes that the
'. % staff be an ostrich. -
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$h;, Page 17 - Alternative 5. I think this is the only course and propose that g.S .
it be done expeditiously instead of slowly as proposed.
- 4 G Page 18 - Alternative 6 is what happens if you don't do Alternative 5 with I don't know whether lagoons are a viable alternative 63[ considerable speed.
Yy.' for a few years. ,
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