ML20094M871

Georgians Against Nuclear Energy Request for Commission Review of State of Ga Agreement to Regulate Co-60 at Georgia Tech.* W/Certificate of Svc.Related Correspondence

ML20094M871
Person / Time
Site:	Neely Research Reactor
Issue date:	11/10/1995
From:	Carroll G GEORGIANS AGAINST NUCLEAR ENERGY
To:
References
CON-#495-17292 95-704-01-REN, 95-704-1-REN, REN, NUDOCS 9511270273
Download: ML20094M871 (5)

Text

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, /,727& JE000iggg0MN 00CKETED UNITED STATES OF AMERICA USHRC  ;

NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION OFFICE OF SECRETARY 00CKETlHG & SERVICE Docket No. 50-160-R M k b h In the Matter.of I l

ASLBP No. 95-704-01-Ren I GEORGIA INSTITUTE OF TECHNOLOGY RESEARCH REACTOR Atlanta, Georgia ]

Facility License No R-97 ]

GEORGIANS AGATNST NUCT.FAR ENERGY REQUEST FOR COMMISSION REVIEW OF STATE OF GEORGIA AGREEMENT TO REGULATE COBALT-60 AT GEORGIA TECH l Georgians Against Nuclear Energy (GANE) respectfully submits a request that the Commission review its Agreement State Contract with the State of Georgia pertaining to its ability to-protect the environment and public health from 250,000 curies of cobalt-60 housed at the Neely Reactor Research Center in downtown Atlanta, Georgia.

In GANE's comments submitted August 31, 1995, concerning mootness of our security concerns about the Georgia Tech Reactor Facility's vulnerability to terrorism and sabotage during the upcoming Olympic Games in light of Georgia Tech's decision to remove all the weapons- j grade uranium during the Games, GANE contended that the issue is not I moot because of the dangers posed by the presence of 250,000 curies of cobalt-60 in an extremely vulnerable storage arrangement. Please review the entire record of our discussion on the cobalt-60 for ,

details.

GANE cited the Atomic Energy Act concerning Agreement State Practice as mandating transfer of authority for the cobalt-60 from the State of I Georgia to the Nuclear Regulatory Commission. The passage reads as follows:

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ATOMIC ENERGY ACT, Chapter 23, 42 S2021 ,

(j) Reserve power to terminate or suspend agreements; f emergency situations, State nonaction on causes of danger; authority exercisable only during emergency and commensurate with danger. . .

(2) The Commission, upon its own motion or upon request of the Governor of any State, may, after '

notifying the Governor, temporarily suspend all or part of its agreement with the State without notice or hearing if, in the judgment of the Commission:

(A) an emergency situation exists with respect to any materials covered by such an agreement creating danger which requires immediate action to protect the health or safety of persons either within or outside the State, and-(B) the State has failed to take steps necessary to contain or eliminate the cause of the danger within a reasonable time after the situation arose.

A temporary suspension under this paragraph shall remain in effect only for such time as the emergency situation exists and shall authorize the Commission to exercise its authority only to the extent necessary to l contain or eliminate the danger.

The Atomic Safety and Licensing Board addressed this matter in its October 31, 1995,' Partial Initial Decision. The ASLB asserts that the l passage cited by GANE authorizes the Commission, but not the ASLB to order removal of the cobalt-60. GANE believes that removal of the cobalt-60 (see record for details concerning its location and conditions of storage, terrorism and accident scenarios, etc.) is the only way to ensure the safety of the public during the Olympic Games which are largely centered around Georgia Tech campus.

Not only has the State of Georgia been unresponsive in our attempts to draw them into discussion with us about the possibility of terrorism involving the cobalt-60,.but in early October 1995, a.TV l crew wandered around the facility and climbed over the security fence l and onto the roof of the building. The TV show about this exploit is scheduled to air on November 15, 1995, on Fox Network's "A Current Affair." Until then, the actual extent of their wanderings will not be fully in the public record. But GANE has been told that the TV crew was not even trying to be sneaky. Blessedly the journalists involved l- held no intent to cause harm which would unfortunately not be the case j with terrorists. In fact the TV crew encountered personnel who offered i

to assist them, making no effort to check unidentified people from l

penetrating the facility. In response to this outrageous breach of security at this highly dangerous facility in the middle of Olympic a  %

Village and Georgia Tech campus in downtown Atlanta, Georgia, Georgia Tech issued another press release about its intent to shut the reactor for the Olympic Games. It is not in evidence to GANE if either State of Georgia regulatory authorities or Georgia Tech has given any concern to securing the cobalt-60, which the TV crew claims could have been easily accessed with simple lockpicking tools.

GANE pleads with the Commission to review this situation and take authority for the cobalt-60. It is already approaching the end of 1995. By July 1996 the imagination of the world will be focused upon Atlanta and the Centennial Olympic Games. We still don't know for sure if it will take one or two casks to move the cobalt-60, what type of I casks would be required, where the casks would be obtained nor how  ;

readily available, or where this huge quantity of extremely  ;

radioactive material can be housed. An emergency situation exists now l as evidenced by the TV crew's effortless breach of security. Please take immediate action to increase security for the reactor facility and cobalt-60 and give your full weight of consideration to GANE's contention that absolute assurance for.public protection from nuclear sabotage and environmental contamination involving the cobalt-60 can only be provided by removing the threat off-site and away from ,

downtown Atlanta, f

Georgia Tech has agreed to move a cesium-137 source from a nearby building and all of the weapons grade uranium fuel from the site. GANE appreciates this evidence of Georgia Tech's concern for public health.

We feel certain that if the NRC can enjoin Georgia Tech to properly analyze the cobalt-60 situation that the same conclusion will have to be reached about it.

Respectfully submitted, 1

lenn Carroll Representative for GANE Dated and signed November 10, 1995 in Decatur, Georgia j

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! Securityviolated near Tech reactor TV camera crew climbs The TV crew breached no secure run the reactor for another 20 years.

zones, said James M. Langley, Tech,s

, , NRC officials, who investigated the fence at research center. vice president for external affairs. The incident this week, said a preliminary crew did walk up to the zones, but, be- assessment shows that the TV crew en-cause of locked doors, had no access to tered no " controlled areas," and no ra-Cy Charles Seabrook the controlled areas, Langley said.

STAFF WRITER . dioactive material was affected. The re-However, he acknowledged the TV actor contains less than 11 pounds of A two-person camera crew from a crew's unannounced ramblings "have bomb-grade uranium.

nationally syndicated news show the appearance of [ uncontrolled] access The 5 million-watt reactor is a few roamed uninvited and unchallenged in to the facility; and we recognize that we a H n U Pub blocks from the Olympic Village, where the building that houses Georgia Tech's fgeconce s" thousands of athletes will be housed dur-nuclear reactor, raising concerns about Those concerns were heightened this ing the Olympics.

security at the facility.

year when a citizens antinuclear group, Tech officials said the reactor will be Tech officials said they are embar- Georgians Against Nuclear Energy shut down this month and its bomb-rassed over the incident last week, in (GANE), told the federal Nuclear Regu. grade fuel removed. The reactor will which a reporter and cameraman from latory Commission that security at the stay idle until after the Olympics. When the tabloid news show "A Current Af- 30-year-old reactor is inadequate 'and it is re-started, it will be fueled by a low-fair" strolled down hallways of the Neely ' the facility's bomb-grade uranium could er grade of uranium.

-Nuclear Research Center and climbed a become a tempting target for terrorists WheelerJackson,an assignment edi-fence around the building. The building during next summer's Olympics in At- tor for Fox television's "A Current Af-houses Tech's 30-year-old reactor in the lanta. GANE has demanded that the fair," said the piece on Tech security middle of the downtown campus, commis'sion deny Tech a new license to will be aired this month.

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DOCKETED CERTIFICATE ' OF SERVICE - Docket No. (s) 50-160-REN USHRC Secretary i U.S. Nuclear Regulatory Commission sg Ncy 14 P6 :21 l Docketing and Service Branch Washington, DC 20555 '

0FFICE OF EECRETARY  :

Office of Commission Appellate Adjudication DOCKETlHG & CERylCE i

U.S. Nuclear Regulatory Commission BRANCH Nashington, DC 20555 Administrative Judge Charles Bechhoefer, Chairman ~

Atomic Safety and Licensing Board  !

U.S. Nuclear Regulatory Commission f j Washington, DC 20555  ;

Administrative Judge f Peter S. Lam '

-Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission  ;

Washington, DC 20555  ;

Administrative-Judge <

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Jerry R. Kline l Atomic Safety and Licensing Board i U.S. Nuclear Regulatory Commission Washington, DC 20555 Sherwin E. Turk, Esq.

Susan S. Chikadel, Esq.

Office of the General Counsel

- U.S. Nuclear Regulatory Commission l Washington, DC 20555 Mr. Randy A. Nordin Manager - Legal Division Georgia Tech Atlanta, GA.30332-0420 E. Gail Gunnells  !

Office of Contract Administration Georgia Tech Atlanta, GA 30332-0420 Ms. Pamela Blockey O'Brien D23 Golden Valley  ;

Douglasville, GA 30134 Ms. Patricia Guilday, Esq.

Assistant Attorney General 40 Capitol. Square NW Atlanta, GA 30334-1300 j l

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