ML20093E378

Petition of Ctr of Nuclear Responsibility,Inc & J Lorion for Leave to Intervene & Request for Hearing.Certificate of Svc Encl

ML20093E378
Person / Time
Site:	Turkey Point
Issue date:	07/12/1984
From:	Lorion J CENTER FOR NUCLEAR RESPONSIBILITY
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
OL, NUDOCS 8407170514
Download: ML20093E378 (5)

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DORE7E ,:

Uh3C Before the

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UNITED STATES NUCLEAR REGULATORY COMMISSION d_ . h; In the Matter of )

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Docket Nos. 50-250 U-

$ Florida Power & Light company ) 50-251 et m; Application for Amendment )

P to DPR-31 and DPR-41 r

Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 t

Attention: Docketing and Service Branch  :

RE:

Opportunity June for Hearing on Federal Register Notice, 20, 1984, E

i Volume 49, No. 120, Page 25360.

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

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storage of fuel with increased enrichment by revising Turkey PointTechnical Units 3Specifications and 4. Secbion 5.2 for ).

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2 REQUEST FOR HEARING AND 2 PETITION FOR LEAVE TO INTERVENE E 1

l Petitioners request a hearing and>1'e' ave to intervene in these license amendment proceedings. hr

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1. 5 The Center for Nuclear Responsibility, Inc. (Center) and it Joette Lorion request a hearing and petition for leave to intervene g in the above captioned amendment proceeding, as allowed by the U. S. .

Nuclear Regulatory Commission's (Commission or NRC) Rules of Practice. ((

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The Center for Nuc1 ear Responsibility is a corporation 5%

1 lace of business ~in Miami, Florida. The Center for Nuclear Responsibility is an environmental organization. {g 84071 14 e40712 .{g g

PDR A O K 05000250 r=

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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 vicinity of th'e 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 2.,, n adversely affected, and otherwise aggrieved by the final agency action gp.pycsed in the captioned June 20, 1984, Federal Register Notice.

'dmma Center is an appropriate party to represent the interests of

<unrepresented.

persons similarly situated, or whose interests might otherwise go Memb. irs of the Center who may be affected are:

• Joette Lorion, 7269 SW 54 Avenue, Miami, F1. 33143.

Beverly Mullins, 25230 SW 129 Place, Princeton, Fl. 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 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.

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 spentyfuel facilities for Turkey Point Units 3 and 4 would:

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

6.

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

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

1 A.1

• The proposed increase of Kegg from 0.95 to 0.98 for the existing new feel 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 i liRC 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 not meet 10 C.F.R. 50, Appendix K, Criterion 62; which 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 rgdioactivity to the environment in violation of 10 C.F.R. harts 20, 50, 51, 100, and NEPA, and will pode a danger to the health and safety of the public and endanger the Biscayne Bay environment.

j A.3 j

Because the license amendment will not meet the above referenced criteria, the license amendment should not j

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A.4 The statement in FR Notice 25360, June 20, 1984, that the

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proposed 1& cense amendments "do not involve a significant hazards consideration" is incorrect, and there cannot be issuance of the amendments until a public hearing is held as mandated by the Atomic Energy Act of 1954.

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In support of contention 414-4, Petitioners of fer the following:

Inthe " Review and Evaluation of Spent Fuel Expansion Potential b Hazards Considerations," SAI Report No. SAI-84-221-WA, REv. 1, July h 29, 1983, Page 4, it is stated that:

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

0.95 or less for spent fuel rack designs is GIN n in the NRC Standard Review Plan, Section 9.1.2." (,

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

l "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), i imposes the requirement of an Environmental Impact Statement for l 9

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 3 increase in K eff from 0.95 to 0.98, for the Turkey Point Units 3 and 4, owned by the Florida Power *% LiihtJ 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, Fl. 33143 I Datedt. July la 1984 Ph: (305) 661-2165

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Before the UNITED STATES NUCLEAR REGULATORY COMMISSION

In'the Matter of

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Tlorida Power & Light Company )

Docket Nos. 50-250 1

.yApplication for Amendment )

50-251

?to DPR-31 and DPR-41 CERTIFICATE OF SEEVICE '

I hereby certify that copies of Petitioners' " Request for  !

j Hearing and Petition for Leave to, Intervene, Dated June fR, 1984,

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were served on the following by deposit in the United States Mail ,

first class, properly stamped and addr'essed, on the date shown above. 3 4

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e Secretary of the Commission B U.S. Nuclear Regulatory Commission E Washington, D.C. 20555 Attention: Docketing and Service $

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e-kb Executive Legal Director - EE U.S. Nuclear Regulatory Commission Washington, D.C. 20555 b E

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Harold F. Reis, Esquire $

z Lowenstein, newman, Reis & Axelrod Q 1025 Connecticut Ave. NW s g

Washington, D.C. 20036

% g Joette Lorion [b CNR {.1 v:=

7210 Red Rd. (208 [$

Miami, Fl. 33143 LIS Viit

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