ML20090E573

Request for Hearing & Petition for Leave to Intervene in License Amend Proceedings Re Spent Fuel Pool Expansion

ML20090E573
Person / Time
Site:	Turkey Point
Issue date:	07/09/1984
From:	Lorion J CENTER FOR NUCLEAR RESPONSIBILITY, LORION, J.
To:	NRC COMMISSION (OCM), NRC OFFICE OF THE SECRETARY (SECY)
References
OLA-2, NUDOCS 8407190512
Download: ML20090E573 (4)

Text

U-O L ,& ~ 2-p .

O- G5 'O Before the b

h a _n , ,

( 0LA-1

\ f2; ~. . .&. .f..m-.=

UNITED STATES NUCLEAR REGULATORY COMMISSION g V, :J. ,

In the Matter of )

Florida Power & Light Co. '84 Jg,oypeggygg.50-250

)

50-251 Application for Amendment to DPR-31 and.DPR- 41

) cr .

IC. O e.

Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Docketing & Service Branch RE: Opportunity for Hearing on Federal Register Notice, June 7, 1984, Volume 49, No. 111, Page 23715.

Proposed Issuance of Amendments to the Facility Operating Licenses Nos. DPR-31 and DPR-41 issued to Florida Power & Light Company to expand the spent fuel facility for Turkey Point Nuclear Units No. 3 and No. 4.

REQUEST FOR HEARING AND PETITION FOR LEAVE TO INTERVENE Petitioners request a hearing and leave .to intervene in these license amendment proceedings

1. The Center for Nuclear Responsibility,Inc. (Center) and Joette Lorion request a hearing and petition for leave to intervene in the above captioned amendment preceeding as allowed by the U.S. Nuclear Regulatory Commission's (Commission or NRC) Rules of Practice. ,

2. The Center for Nuclear Responsibility is a corporation with its principal place of business in Miami, Florida. The Center for Nuclear Responsibility is an environmental organization.

3. The Center's members live, use, and work and vacation in and otherwise use and enjoy, a geographic area within the immediate vicinity of the Turkey Point Nuclear Power Plants and could suffer sever 9

~

8407190512 840709 PDR ADOCK 05000250 g PDR Eso 3

p 3 9

consequences if a serious nuclear accident occurred at these facilities.

Thus, the Center and its members are significantly and adversely affected and otherwise aggrieved by the final agency action proposed in the captioned June 7, 1984, Federal Register Notice. The Center is an appropriate party to represent the interests of persons similarly situated or whose interests might otherwise go unrepresented. Members of the Center who may be affected are:

Joette Lorion, 7269 SW 54 Avenue, Miami, Fl. 33143 Beverly Mullins, 25230 SW 129 Pl., Princeton, F1. 33032

4. Joette Lorion is an individual who lives and works and owns property real and personal in and about the city of South Miami, Florida, approximately 15 miles from the Turkey Point Nuclear Power Plants, and otherwise uses and enjoys a geographic area within the immediate vicinity of those plants. Her interests and those of her family could also be significantly and adversely affected if a serious nuclear accident occurre'd at the Turkey Point plants. She is an appropriate party to represent the interests of others similarly situated whose interests might otherwise go unrepresented.

5. If the Commission issues an order allowing issuance of the proposed license amendments in the manner sought by the utility, operation of the Turkey Point spent fuel facilities for Turkey Point Plants Nos.

3 and 4 would:

a) involve a significant increase in the probability or consequences of an accident previously evaluated; b) create the possibility.of a new or different kind of

~

occident from any accident previously evaluated;. and c) involve a significant reduction in the margin of safety.

6. If permitted to inte,rvene, the petitioners could address, but not be limited to, the following contentions. Petitioners contend that the amendment request constitutes a significant safety hazards consideration because:

a 5

-e

. A.1 The Connission has traditionally held, in a series of case law that expansion of the spent fuel facility consitutes a significant cafety hazards consideration.

A.2 Acceptance criteria for criticality will not be met and thus, FPL"will not be able to ensure that the fuel storage facility will always be subcritical by a safe margin in both normal operating and

~

accident conditions.

A.3 The recitation and notice in 48 Federal Register Notice 23715, Vol. 4 9, NO . 111, June 7 ' , 1984, that the established acceptance criteria for criticality in the spent fuel pool shall be kept at or below K eff 0.95 is untrue as evidenced by 48 Federal Register Notice 25360, Volume 49, NO.120, June 20, 1984.

A.4 In light of the fact that the utility, FPL, wants to operate the facility with a K eff of 0.98 (FR2 5360) , as above referenced, places the proposed undertakbg in the Significant Safety Hazards Category, and there can be no issuance of a license amendment to expand the spent fuel facility without a puhlic hearing required by the Atomic Energy Act of 1954.

Note: In support of contentions A.1 - A. 4, I would like to point out a position taken by the Commission in Policy Issue SECY-83-337, STUDY ON SIGNIFICANT SAFETY HAZARDS, August 15, 1983:

"A Kef'f of greater :than 3.95 may be justifiable for a particular application but it would go'beyond the present accepted stiff criteria and would potentially be a significant hazards consideration. " pg. 5-6.

B.1 Expansion of the spent fuel facilities at Turkey Point should not be allowed.

7. The Petition for Leave to Intervene should be granted.

The issues raised concerning the expansion of the spent fuel facilities for Turkey Point Units Nos. 3 and 4 owned,by the Florida Power & Light Comoany should be assigned to the Atomic Safety and Licensing Board j for : review in formal karing process before there can be issuance of any license amendments.

L

=

Respectfully Submitted, Yk A Joette Lorion l Director Center for Nuclear Responsibility 7210 Red Road #208 Miami, Fl. 33143 Ph: (305) 661-2165

~

CC Executive Legal Director, Nuclear Regulatory Commission Harold F. Reis, Esquire, Counsel FPL Company

)

i Dated July 9, 1984 I

t i

^

.r - . . _ , . . ._, - -y .- .m -

, _m , ,c... _ ,., , ,,