ML20084B162

Response Opposing Applicant 840411 Motion for Authorization to Issue License to Load Fuel & Conduct Certain Precritical Testing.Opportunity to Be Heard on Any Further Authority Sought Requested.Certificate of Svc Encl

ML20084B162
Person / Time
Site:	Catawba
Issue date:	04/23/1984
From:	Guild R CAROLINA ENVIRONMENTAL STUDY GROUP, PALMETTO ALLIANCE
To:
References
NUDOCS 8404260089
Download: ML20084B162 (4)

Text

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UShp'WO UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION N APR 25All:25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD LFF <

00Chf.3.ECRtp.

In the Matter ) 3RNCh s s. 5 DUKE POWER COMPANY, et al.

50 14

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(Catawba Nuclear Station, ) April 23, 1984 Units 1 and 2) )

PALMETTO ALLIANCE AND CAROLINA ENVIRONMENTAL STUDY GROUP RESPONSE TO APPLICANTS' MOTION FOR AUTHORIZATION TO ISSUE A LICENSE TO LOAD FUEL AND CONDUCT CERTAIN PRECRITICAL TESTING Pursuant to 10 CFR 50.57 (c) Intervenors Palmetto Alliance and Carolina Environmental Study Group hereby respond in opposition to Applicants' Motion for Authorization to Issue a License to Load Fuel and Conduct Certain Precritical Testing dated April 11, 1984, on the grounds that Applicants have failed to demonstrate the required basis for the issuance of an operating license as provided for in 10 CFR 50.57 (a).

Palmetto and CESG rely upon and know of no basis for disputing the Applicants' representations made in their April 11, 1984, Motion that:

1. the authority sought is for pre-criticality testing only;

2. consequently no fission products inventory nor decay heat pro-duction will result or is authorized in conjunction with fuel loading and precritical testing;

3. criticality will be prevented by maintenance of boron concentration

.at required levels such that criticality cannot be achieved even with all control rods fully withdrawn;

'4. under such conditions there is no possibility of a radiological ~

release to the public or other threat to the public health and safety as a consequence of the authority sought.

On the basis'of the'above representations Palmetto and CESG are.

informed and believe that the fuel loading and precritical testing authority 8404260089 840423 PDR ADOCK 05000413 G PDR-

sought by Applicants will pose no technical threat to the public health and safety. We do not oppose the conduct of such activities.

However, Palmetto and CESG reserve their right to be heard fully in opposition to every future request for authority to conduct activities at the Catawba Nuclear Station; particularly any activities where fission product and decay heat generation are involved and the public health and safety may be affected.

We ask the Board to condition any approval for fuel loading and precritical testing upon a requirement that Applicants report fully on any nonconformances or deviations occuring in such activities to the Board and parties, and that Palmetto and CESG be assured of a full opportunity to be heard with respect to any further authority sought.

WHEREFORE; Palmetto Alliance and Carolina Environmental Study Group respectfully urge that the Licensing Board 1) refrain from making findings under provisions of 10 CFR 50.57 (a) with regard to the contentions

-in controversy as unnecessary with respect to the authority presently sought by Applicants; or in the alternative, make such findings as have been proposed by Intervenors and deny the authority sought by Applicants;

2) If such fuel loading and precritical testing is to be authorized condition such authority as herein requested.

ectfully Submitted,

. I RobertGbdd.Esq.

Attorney for Palmetto Alliance Mr. Jesse L. Riley Carolina Environmental Study Group.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) '

)

? DUKE POWER COMPANY, et al. ) Docket Nos. 50-413

) 50-414 u (Catawba Nuclear Station )

L Units 1 and 2) )

CERTIFICATE OF SERVICE Palmetto Alliance and CESG Response to

I hereby certify that copies of " Motion For Authorization To Issue A License To Lead Fuel and Conduct Certain Precritical Testing" in the above captioned matter have been served upon the following by caposit in the United States mail this 23rd day of April,1984.

James L. Kelley, Chairman Richard P. Wilson, Esq.

Atcmic Safety and Licensing Board As si star.: Attorney General Panel State of South Carolina U. S. Naclear Regulatory Commission P. O. Box 11549 Washington, D. C. 20555 Columbia, South Carolina 29211 o' ' ~

Dr. Paul W. Purcom 235 Columbia Drive

. Decatur, Georgia 30030 Dr. Richard F. Foster P. O. Box 4263 Sunriver, Oregon 97702

-1 Chairman

'l Atomic Safety and Licensing

Board Panel

j. U. S. Nuclear Regulatory Commission

.; . Washington, D.C. 20555 Chairman Albert V. Carr" ~ Jr.

Atomic Safety and Licensing DUKE' POWER CCf!PANY~

-Appeal Board PO Box 33189 U.-S. Nuclear Regulatory Commission Charlotte, NC 28242 Washingt.on, D.C. 20555 ..

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George E. Johnson, Esq. Karen E. Long Office of the Executive Legal Assistant Attorney General Director N. C. Department of Justice U. S. Nuclear Regulatory Commission P. O. Box 629 Washington, D.C. 20555 Raleigh, North Carolina 27602 J. Michael McGarry, III, Esq. William L. Clements Anne W. Cottingham. Esq. Docketing and Service Section Bishop, Liberman, Cook, Purcell & Reynolds U. S. Nuclear Regulatory 1200 Seventeenth 5treet, N.W. Commission Washington, D.C. 20036 Washington, D.C. 20555 Don R. Willard Spence Perry, Esq.

Mecklenburg County Associate General Counsel

_- Department of Environmental Federal Emergency Management Agency Health 1200 Blythe Boulevard Room 840 Charlotte, North Carolina 28203 500 C Street, S.W.

Washington, D.C. 20472

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