ML20090F484

Request for Hearing & Petition for Leave to Intervene in Hearing Re Storage of Fuel W/Increased Enrichment. Certificate of Svc Encl

ML20090F484
Person / Time
Site:	Turkey Point
Issue date:	07/12/1984
From:	Lorion J CENTER FOR NUCLEAR RESPONSIBILITY, LORION, J.
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
OLA-3, NUDOCS 8407230024
Download: ML20090F484 (4)

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.0' .:r r-ULYI Before the

'84 il 16 P1 :09 UNITED STATES NUCLEAR REGULATORY COMMISSION L,

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In the Matter of )

Docket Nos. 50-250

fFlorida Power & Light Company )

50-251

. ,; Application for Amendment )

' to DPR-31 and DPR-41 r ; _ . ..; . 7 __

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50 M / 064- 3 Secretary of the Commission U.S. Nuclear Regulatory Commission

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Washington, D.C. 20555 Attention: Docketing and Service Branch RE: Opportunity for Hearing on Federal Register Notice, June 20, 1984, Volume 49, No. 120, Page 25360.

Proposed issuance of license amendments to the j facility operating licenses nos. DPR-31 and DPR-41, I issued to Florida Power & Light Company to allow -

storage of fuel with increased enrichment by revising Technical Specifications Sechion 5.2 for f.

Turkey Point Units 3 and 4. -

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REQUEST FOR HEARING AND PETITION FOR LEAVE TO INTERVENE Petitioners request a hearing and>1'e' ave to intervene in these licen'se 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 proceeding, 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.

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3.

The Center's members live, use, work and vacation in, and otherwise use and enjoy, a geographic area within the immediate S"

vicinity of the Turkey Point Nuclear Power Plants and could suffer severe consequences if a serious nuclear accident occurred at these facilities. :Thus, the Center and its members are significantly and

,adyersely affected, and otherwise aggrieved by the final agency action proposed in the captioned June 20, 1984, Federal Register Notice .

^ TThe . 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, F1. 33143.

Beverly Mullins, 25230 SW 129 Place, Princeton, F1. 33032.

4.

Joette Lorion is - an individual who lives, 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 adversely and significantly affected if a j

serious nuclear accident occurred at the Turkey Point plants. She is ,

an appropriate party to represent the interests of others' similarly situated, whose interests might otherwise go unrepresented.

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If the Commission issues an order allowing issuance of the proposcd license amendments in the manner sought by the utility, operation of the Turkey Point spent y fuel facilities for Turkey Point Units 3 and 4 would:

a) involve a significant increase in the probability or consequences of an accident previously evaluated:-

L b) create the possibility of a new or different kind of I

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

b.

If permitted to intervene, the Petitioners would address, but not be limited to, the following contentions.

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l Petitioners contend that the amendment request significant safety hazards consideration constitutes a and contend that:

A.1

' The proposed increase of K e gg from 0.95 to 0.98 for the existing new fnel storage racks is a significant safety hazards consideration in that the new criterion does not meet the margin of safety that has been established by the NRC for criticality. The criterion used by the NRC since 1976 is that the neutron multiplication factor in the spent fuel pool is to be equal to, or less than, 0.95, including all uncertainties, under all conditions as contained in the American National Standard Institute (ANSI) 210-1976, (ANSI) N-18.2, and in the "NRC Position for Review and Acceptance of Spent Fuel Storage Handling Application," April 14, 1978..

A.2 The proposed increase of Kegg from 0.95 to 0.98 does r

not meet 10 C.F.R. 50, Appendix K, Criterion 62, which

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states that " criticality in the fuel storage and handling system shall be prevented by physical . systems or processes, preferably by the use of geometrically safe configurations ."

And, that an accidental criticality, caused by a change in fuel geometry due to storage of the more highly enriched uranium fuel rods could release substantial amounts of ra,dioactivity to the environment in violation of 10 C.F.R. ' Parts R20, 50, 51, 100, and NEPA, and will pose a danger to the health and safety of the public and endanger the Biscayne Bay environment.

A.3 Because the license amendment will not meet the above riferenced criteria, the license amendment should not be allowed.

A.4 The statement in FR Notice 25360, June 20,1984, that the proposed 1scense amendments "do not involve a significant hazards consideration." is incorrect, and there cannot be_

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'ssuance of the amendments until a public hearing is he ld as mandated by the Atomic Energy Act of 1954.

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4 In support of contention Al-A-4, Petitioners offer the following:

Inthe " Review and Evaluation of Spent Fuel Expansion Potential Hazards' Considerations," SAI Report No. SAI-84-221-WA, REv. leJuly b9, 1983, Page 4, it is-stated that:

- . "Another major consideration in pool storage expansion is to. ensure that the fuel storage facility is always subcritical by a safe margin, even under accident conditions. The Current Requirement that the multiplication factor, K must be

. .-0.95orlessforspentfuelrackdesignsisgIhknintheNRC Standard Review Plan, Section 9.1.2."

The same criterion is also addressed in Policy Issue, SECY 2 337, " Study of Significant Hazards, " August 15, 1983, which states i on page 5 that:

"A K ,ff of greater thatn 0.95 may be justifiable for a

- particular application , but it would go beyond the present accepted Staff criteria and would potentially be a significant hazards consideration."

B.1 The National Environmental Policy Act of 1969 (NEPA) ,

imposes the requirement. of an Environmental Impact Statement for 4 this Major Federal Action.

7. That in keeping with the criteria in (48 FR'14869) , and

- . the legislative history of Public Law P.L.97-415), the Commission should grant this Petition for Leave to Intervene The issues raised concerning the storage of more highly enriched uranium fuel rods and from 0.95 to 0.98, for the Turkey Point Units 3 increase in K eff and 4, owned by the Florida Power *$ Light Company, should be assigned to the Atomic Safety and Licensing Board for review in a formal hearing process before there can be any issuance of the license amendments.

Respectfully Submitted, Joette Lorion, Individually and Director of the Center 7210 Red Rd. 4208 Miami, F1. 33143 Datedt July 13 1984 Ph: (305) 661-2165 i

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Before the UNITED STATES NUCLEAR REGULATORY COMMISSION

.In.the Matter of )

Docket Nos. 50-250 earlorida Power & Light Company )

50-251 4 , application for Amendment )

'to DPR-31 and DPR-41 CERTIFICATE OF SERVICE I hereby certify that ctpies of Petitioners' " Request for Hearing and Petition for Leave to , Intervene, Dated June IR, 1984, were served on the following by depos'it in the United States Mail,

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first class, properly stamped and addressed, on the date shown above. ,

b Secretary of the Commission

) U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service s

Executive Legal Director -

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Harold F. Reis, Esquire Lowenstein, newman, Reis & Axelrod s 1025 Connecticut Ave. NW A Washington, D.C. 20036 Joette Lorion CNR 7210 Red Rd. (208 Miami, F1. 33143

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