ML20127P660
| ML20127P660 | |
| Person / Time | |
|---|---|
| Site: | North Anna  |
| Issue date: | 05/21/1985 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#285-197 OLA-1, NUDOCS 8505240046 | |
| Download: ML20127P660 (20) | |
Text
ORIGINAL UN11ED STATES n NUCLEAR REGULATORY COMMISSION V
IN THE MATTER OF: DOCKET NO: 50-338-OLA-1 50-339-OLA-1 VIRGINIA ELECTRIC & POWER COMPANY (North Anna Power Station, Units 1 & 2)
LIMITED APPEARANCES SESSION LJ LOCATION: CHARLOTT3VILLE, VIRGINIA PAGES: 293 - 312 DATE: TUESDAY, MAY 21, 1985
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ACE-FEDERAL REPORTERS, INC.
Official Reporters 8505240046 850521 444 North Ca tolStreet PDR ADOCK 05000338 Washington, C. 20001 T PDR (202)347-3700 NATIONWIDE COVE.uCE .
Walch- 293 1 UNITED STATES OF AMERICA 2 ' NUCLEAR REGULATORY COMMISSION 3 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 4
5 .--------------------------------------X 6 _In the matter of: :
7 _ VIRGINIA ELECTRIC & POWER COMPANY : Docket Nos 50-338-OLA-1
- 50-339-OLA-1 g (North Anna Power Station, :
9' Units.l_& 2) :
jo --------------------------------------X II LIMITED APPEARANCE SESSION 12 U. S. District Court for the 7
13 Western District of Virginia (S). Room 300 14 255 West Main Street Charlottesville, Virginia 22903 15 Tuesday, May 21, 1985 t
16 i Hearing in the above-entitled matter was convened i 17 !
at 7:00 p.m., SHELDON J. WOLFE, presiding-18 BEFORE:
19 SHELDON J. WOLFE, Chairman 20 Nuclear Regulatory Commission Atomic Safety and Licensing Board 21 JERRY F. KLINE, Member Nuclear Regulatory Commission
() 22 23 Atomic Safety and Licensing Board GEORGE A. FERGUSON, Member !
24 Nuclear Regulatory Commission 4 p.m.,m n r. ,,,ine. Atomic Safety and Licensing Board 25
, i 294 i
- Traylor- 1 APPEARANCES:
2 .On Behalf of'the. Applicant, Virginia Electric & Power'Co.:
3 . MICHAEL W. MAUPIN, Esquire.
._ :- 4MARCEA.R. GELMAN, Esquire
- f. 4 Hunton & Williams-800 East Main Street
-S Richmond, Virginia 6 On Behalf of ' the Intervenor, Concerned Citizens of Louisa County:
- 7
- JAMES DOUGHERTY, Esquire 8 3045 Porter Street, N W. .
Washington, D. C'. 20008 l 9 .
t On Behalf of the NRC Staff .
10 i HENRY J. McGURREN, Esquire '
II WILLIAM D. PATON, - Esquire Office of Executive Legal Director .
12 . Nuclear Regulatory Commission-Washington, D. C. 20555 ,
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16 17, 18 19 20
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- W21Ch - 1 CON 1ENIS Limited Appearance St_atement of: Page No.
2
-3 William Ploog 297 Kristine Harter 302
( 4 William White 303-5 Michael Parent 307 6 .
Jeanne van Gemert 309.
7 David Levy. 310 8
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- P.M. session 1 -g g O_ g g 1-g I_ g g s 17:03 L(#11-1-Suet 2 -
-(7:03 p.m.)
JUDGE WOLFE: All right. The evening limited.
~
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-appearance session is now in order.
I understand there is s 5 only one limited appearance. individual at this time.
' But ~ for his benefit, we will advise that. oral 7 . limited statements are limited to five minutes'. If you wish j 8 to make a written. statement, that can be of any length. It I
can be given to me and it~will be-lodged in the public docu- ,.
ment room in Washington, D. C.
11 A limited appearance statement is not evidence, ,
12 and it's not taken under oath, and it merely serves -- f i
13 not merely, but it serves to alert the Board and the parties
'Id The Board does to areas in' which evidence need be adduced.
not respond.to any questions posed by, or in, a limited ap-I' pearance statement because these questions might well impinge i i
I7 on matters that are presently pending before this Board in l
'I8 this case, or might impinge on matters of similar nature that !
19 are considered by other Boards. ,
-0 So we will proceed with the one limited appearance statement. Mr. Wilbur Ploy. f MR. PLOOG: William Ploog.
I JUDGE WOLFE: Would you spell that, please.
24 w.m %, g MR. PLOOG: My last name is P-1-o-o-g.
25 JUDGE WOLFEt Fine. And you are a resident of?
-}-
o 297
2 JUDGE WOLFE: All right.
3 LIMITED APPEARANCE STATEMENT
[3 x/ -4 OF 5 . WILLIAM PLOOG 6 MR. PLOOG: I just have a brief statement to make.
7 JUDGE'WOLFE: Yes.
g MR. PLOOG: Given our limited experience with 9 transporting spent fuel and the fact that today we are faced 10 with the prospect of increased shipments of spent fuel over :
11 our highways, it is impo'rtant that we ask ourselves at this 12 junct'ure whether or not we wish to live with the possible risks r s, 13 of transporting spent fuel.
(-) In other words, do we wish to take the chance?
14 l 15 Is thh risk worth it? I think this is the fundamental ques- i 16 tion.
17 No matter how elaborate we engineer spent fuel 18 casks, no matter how expensively cask handlers and personnel j
-19 are supervised, not shipping will always be safer than ship-20 ping. So the question becomes, has VEPCO shown that it must, 21 it must, transport spen't fuel?
v- 22 The burden is on VEPCO to show that it is rational :
b] 23 for us to accept the risk of transporting spent fuel. Until 24 that necessity is shown, we need not be concerned with ques- ,
Am Feslotel Reporters, Inc.
25 tions of safe transportation.
'298 ill-3-Suet 1 The primary -- the first question we need to be 2 concerned with is whether we must entertain the risk. Once 3 we - . if we are convinced that, yes, this is a risk that we j' ) 4 must take, then we can start asking questions about safe 5 transportation. Now, my justification for this position that 6 may strike you as odd is, if the safety and health of the 7 ' American people and future generations are primary, then we 8 should not incur health risks unless we absolutely have to.
9 Thank you.
10 JUDGE WOLFE: Thank you. ;
11 -(The witness stood aside.
12 JUDGE WOLFE: I take it there are no other limited appearance statements. However, I believe that one of the (q
_/
13 i
14 limited appearors spoke to a truck accident involving fresh [
Counsel were to check into that for me, for the Board, I 15 fuel.
16 and were to report back.
17 Since that matter arose during a limited appearance 18 statement, I don't know why we can't hear from counsel on that ;
19 at this time. Are you prepared, Mr. Maupin, Mr. Dougherty, i
20 Mr. McGurren?
21 MR. MC GURREN: Yes, sir.
t 22 MR. MAUPIN: I told you I would do that, and I told .
() 23 you I would do it this afternoon. It does occur to me that 24 that may well put mc in the position of, I suppose in a sense, i Aes-Federd Reporters, Inc.
25 testifying. What I had worked out this af ternoon, I will give ,
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w; 299 I
. 1
- 11-4-Suet 1 (it to you and you can let:me know if it's satisfactory or 2 not, was to have Mr. hmith, who testified earlier today, 3 and.who will be back on the stand in the morning, either
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i before or after the testimony on the subject that's in his
_4 5 Prefiled case, have him describe that incident to you and 6 answer your questions with regard to it.
g JUDGE WOLFE: 'Well, I don't like really to get 8 into evidentiary matters that really aren't pertinent and l l
9 relevant to the --
10 MR. MAUPIN: Okay. ,
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11 JUDGE WOLFE: - ,'four corners, within the four j 12 corners of our contention, However, if that's the way you l r 13 want to go, I'hav6 no objection to that either, bq -
14 MR.-MAUPINt Well, I. haven't discussed it with 15 either Mr."Daugherty or Mr. McGurren. We might see whether i 16 they. object to it or --
17 JUDGE WOLFE: All right. Then, why don't you --
18 MR. MAUPIN: Otherwise, I can try to tackle it ,
19 now if you like.
20 JUDGE WOLFE: Well, why don' t the three of you ,
21 informally get together. We will recess until you -- until n 22 a limited appearor appears, hopefully between now and quarter !
O If you decide that we do want to talk about 23 of 10 or so.
24 thia, counsel, to the Board, fine. If you are agreeable to ;
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25 having this come in through Mr. Smith or whomever, that's l
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, .fil-5-Suet 1 fine, too.
2 But we will recess now. The law clerk, Ms..Duer, 3 will let us know. We will be in Chambers if any more limited 4 appearors come in. And she will also contact us if you de-y{~ }
4 5 cide that, you want to speak . to us about this.
- 6 . We will stand in recess until something occurs.
7 But we will adjourn by quarter of 10, I promise you. All i
8 right.
9 (A recess is taken at 7:13 p.m., to reconvene i
10 at.7:31 p.m., this same day.) ;
- END #11' -11
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01 Sim 12-1 1 s evening.
Ev:ning_
2 I understand that two more limited appearance people are 3 in the audience.
(3 4 Once again for their information I will advise V
5 them that limited appearance statements, oral limited 6 appearance statements are limited to five minutes. Written 7 limited appearance statements are not limited in length 8 and can be any length. If any of you desire to submit 9 : written statements, you can hand them to me and they will 10 be lodged in the Washington, D.C. Docket Room.
11 The limited appearance statement is not taken 12 under oath and is not evidence. Its purpose is to alert the 13 Board and the parties as to areas in which evidence might 14 need to be adduced.
15 The Board does not respond to an'y questions 16 raised in the limited appearance sessions. We found that 17 of t-times these questions do impinge upon those matters 18 that are pending before the Board in this case or might 19 imp i .nge on matters that we are considering and other Boards 20 are cons:deration. So we don' t respond to questions.
21 With that in mind, you-can proceed to come up 22 6 the lectern.
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7 23 Fristine Harter.
24 Ac'e Federal Reporters, Inc.
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'Sim 12-2 LIMITED APPEARANCE STATEMENT ~
1 OF 2
KRISTINE HARTER
.3 MS. HARTER:~ Good. evening.
.. JUDGE WOLFE: You are a resident of Louisa
-5 County?
'MS. HARTER: Yes, I am a resident of Louisa County.
-As the time and the location of the nearings made it somewhat difficult for people in our county to get in, I would like to first mention the names of at least -
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.some of the people that I represent. Mr. and Mrs. David Ruth; Mr. and'Mrs.-Gary-Schwartz; Mr. and Mrs. William Hale, v I Ms.. Mary.Kranz,. Ms.-Linda Bryant and Mr. Danial Parelius, among others in our neighborhood, who found it impossible to
'come'in at these. times and at this location.
We'have been concerned over the transshipment p options since:1981 when there were first rumblings- about it.
We oppose it now as we did then.
The accident that happened last summer only 20 H served to confirm fears that we have over transshipment.
, . Personally my concern over transshipment only
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served to ' help me become more informed about other dangers 23
.g which would occur af ter any transshipment and that would b'e if more wastes are' allowed to be stored at the North Anna L
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303-
.'Sid'12-3 j plar.1 than it was designed for.
2 We didn't see the need for the hand compaction 3
method, which sounds like a very dangerous and undesirable
_- 4 method of storage.to-me. This is something that has not 5
-been mentioned overtly, but I assume from what I have read 6 that 'this is what is being planned if the increased storage
- 7 is allowed. Tha t .is all I have.
JUDGE WOLFE: -Thank,you.
--.. LIMITED APPEARANCE STATEMENT -
9 _ .
OF
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WILLIAM WHITE 11 MR. WHITE: Good. evening.
12 I am William White. I am a resident of Louisa 13 County-and a building contractor in Louisa County. I have
(~s g- -j4 lived there some 15 years. ,
15 I.have been concerned about the question of
. 16 the~ storage of high-level waste at the North Anna plant since j7 .it first came up. I have tried to inform myself as best I 18 could about the advantages and disadvantages of various 19 methods of dealing with the spent fuel that of necessity 20 .is going to be. created with the nuclear power plant, and
- 21 I have come to the conclusion that I think is shared by 22 most of us that it is extremely dangerous material. It is
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~O-23 extremely long lived and its danger will be with us a long s24 _ time.
Ace-Federal Reponers, Inc.
25 I believe that the-best way to handle it is
304 Sim 12 1 ~ to move it around as little as possible.
2 I am concerned about tran'sshipment across a tg 3 ' good part of the State of Virginia into our county, 4 particularly having traveled many of the roads' that have 7(~'T -
V 5 been suggested as routes or are in the process of being 6 - approved as routes for getting the material to the-North 7 Anna plant'.
8 The main route through Louisa County once
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~9 - leaving the interstate system is one I know well, 522. It 10 is extremely narrow, has many, many curves and doesn't have
-- Il much in-the way of shoulders. We h' ave already had one 12 accident ~here.
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- 13 I-just feel like it is a very dangerous way 14 to move around something.that can be so harmful should 15 there be any accident.
16 I think in any matter like this' human error
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17 is l'nevitable and that steps can be taken to minimize human 18 error and you can have backup systems to account for human 19 - error, but human error will continue to occur.
20 I think Vepco will do their best to move 21 things safely, but we have already seen that even their 22 -siren system that was set up to warn people in our county
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in the possible case of danger at the plant did not function 24 correctly for months in the tests that it was given, and Ace-Fedorol Reporters, Inc.
25 if the sirens can' t run right, I am even more concerned s
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ul about,the high-level waste.
2 I am concerned about the high density storage 3 :that compaction would cause. I am annoyed at the 1979
<"S . 14 promise when compaction the first time was approved, the D.
5 promise on the part'of Vepco that compaction would not 6 allow ~the inclusion of-any wastes from outside of Louisac
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7 . County's.own plant at any time in theffuture.
8 And I am concerned that transshipment would e :9 fill up space that-is going to be required in the future 10 for storage of our waste which we in- the county have been s
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willing to, deal with up until this point.
12 I think my concerns were reflected in the
. .. 13 public opinion poll which we did about two and a half Q,m. ~'
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14 -years ago by telephone on a random sample basis in which 15 78 percent of the people asked were opposed to the acceptance 16 of the Surry spent fuel or any outside spent fuel in 17 Louisa County.
18 So I believe that even though there are dangers 19 involved with alternative technologies, such as the dry
, 20 - c.2sk storage , that.it is a safer method and it'is more 21 economical and=it does not call for the dangers of trans-22 shipment through a . good part of this Commonwealth in order 23
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' to bring it about.
24
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Thank you very much.
-; Ace Federd Iteporters, Inc.
25 JUDGE WOLFE: Thank you.
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306 Sim 12-61 I' understand that counsel have agreed that
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-the limited appearance question will be responded to by
.Mr. Smith tomorrow. .Is that true?
3
- MR. MAUPIN: .Yes,-sir, fy 4 a
7; JUDGE WOLFE: All right. Having no other 5
limited appearance statements, in order to make it more 6
convenient for . those in attendance here, we will recess 7
n w until 8 o' clock. If.there are no limited appearance 8
people coming in by that time, the law clerk will advise 9
us'in chambers and we won't reappear. We will just wait 10 jj until.8:30, and once our law clerk will advise ~us whether any ne is attending and wishes to speak.
112 g Once again, every half hour our law clerk will so' advise us, and if no one is here, why that is~the'way j4 it is. We.are here to hear anything that people have to 15 jg say.
j7 So I think it is best to continue on a half-
. hour schedule so that people, if they do come, will have 18 j9 time to prepare themselves and we won't be running in and
' ut and there will be less disruption that way.
20 Ms. Duer, would you let us know at 8~o' clock 21 whether anyone is here. If not, 8:30 and every half hour 22 f).
( until 10 o' clock.
23 (Whereupon at 7:38 p.m., the 1-imited appearance 24 Ace-Federal Reporters, Inc.
session recessed to reconvene at 8:00 p.m.)
25 en'd Sim
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. JUDGE.WOLFE: ' It is now eight.o' clock.
We will-
.2 take twoEmore limited appearance. statements. These. limited
'3 1 appearance _ statements, if given orally, are limited to five
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-4 minutes. If they are written ~ statements they:can be at any ;
5 length, and'should be given directly-to-me.
6 They will be lodged in the document room in
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17 Washington, D. C.' The limited appearance statements'are not:
.8 taken under oath, and they are not deemed, nor considered by 9 the Board,:to be evidence. l 4
. 10 The purpose of the limite'd appearance statement-
. 11 is to alert the' Board'and the parties to matters that might 12 require hearing evidence upon.
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13 The' Board does not answer. questions. The questions 14 -may. require responses from~the Board that impinge on matters:
15 ,that.'are being considered by the. Board,.'and/or being-
-- 16 considered by other Boards.upon,similar matters. [
l 17 Would Mr. Michael Parent-come forward?'
- ,XX
- INDEX . 18 ' LIMITED APPEARANCE STATEMENT.
19 ~OF-20 MICHAEL PARENT.
21 JUDGE WOLFE: You are from Coville, Virginia?
22 MR. PARENT:- Charlottesville.
- . 23 JUDGE WOLFE: Oh. ~ All'right. Go right ahead.
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- 24 MR. PARENT: I am speaking, I guess, as a private-Ase-Federd Reponers, Inc.
- 25 . concerned citizen who considers himself sporadically well ,
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13-2-Wal 308 1 informed ~on the issue of the transporation of nuclear waste.
2 I should say that I have long been suspicious of 3' the. nuclear industry's s'afetiy procedures and practices. It (9es(,)- 4 .seems that transporting such highly volatile and dangerous 5 materials:along the highways isifoolhearty at best, and 6 the fact that this waste issue is still unresolved. That -
- 7 not too many creative solutions seem 'to have 'come forward 8 after -- is it.over three decades -- of nuclear energy. It 9 gives me the impression that'those people in charge are saying
- 10 something to us like: -Well, let's plunge in. Let the consumer 11 . pay. for.' our mistakes , and we will figure ou t the problems as
- 12 we go along.
13 These are, admittedly, rather unscientific and 14 as.I say, the views of a-private citizen, but all these things 15 remind me'that-first of all I think the day the dry cask L16 : method should be' pursued and perfected hopefully, and it i i.
'17 also remindsJ me of a quote that I remember reading somewhere. l i
18 -about the nuclear industry in general.
19 It went something to the effect that the approach . '
I 2C ; generally seems to be similar to that of a person jumping off
~ 21 lt he top of a building -- a tall building -- with the materials 22 for a parachute -in hand, hoping to assemble the parachute 23 before one hits the grand.
[ . . _
24 JUDGE WOLFE: All right. Thank you . Jeanne van
. Ase-Federal Reporters, Inc.
, - 25 .Gemert?
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309 l
XX'INDEX 1 LIMITED' APPEARANCE STATEMENT 2 OF 3 -JEANNE VAN GEMERT 4 . JUDGE WOLFE:
Would you. spell your last name,
.5 _
please?,
-6 MS..: VAN GEMERT: Spell it?
7 JUDGE WOLFE: Yes,.for the Reporter.
8 MS. VAN GEMERT: V-a-n G-e-m-e-r-t.
f
'9 JUDGE WOLFE: And you are from Charlottesville?
! 10 MS. VAN GEMERT: Right. I am a citizen of
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Il Char 1ottesville, and I.am also a parent.
i 12 I felt it was important to speak out against 13 -the trucking of nuclear waste, because I think'it is really Id ' crazy . -
.15 It' sounds to me like one of those deals where 16 VEPCO saves money at the expense of the.public, and I feel 17 like itLis-far too high'a price. It is-a ludicrous price for 18 the public to be paying.
I 19 VEPCO's record at the Lake Anna facility has i-. 20 - certainly been-flawed, and there is no reason for me to think
'21 - that the trucking wouldn' t be flawed, too.
, . 22 I think the risk is huge, and I strongly oppose 23 it.
24 Thank you.
~ Ass-Feder ,1 Reporters, Inc.
25 JUDGE WOLFE: Thank you. There are no other --
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il3-4-Wal! 310 f Mr. David ~ Levy?
-~XX JINDEX 2 LIMITED APPEARANCE' STATEMENT
-3 OF 4 DAVID LEVY
, 5 MR. LEVY: I am David Levy. I am Conservation
-6 Chairman for: the Virginia Chapter of Sierra Club. I am 7 . speaking for the 350,000 members nationwide of Sierra Club, 8 and'6,500 members'in Virginia, many of-whom live in Surry
.' 9 ~ County,'and Louisa County, and points inbetween, which will be 10 on the shipping route of any spent fuel from the Surry Plant.
11 .I won't present any additional factual or technical 12 ' information. Concerned Citizens of Louisa and other folks have 13 'done that'for some time, about the reasons.
l 14 People in the conservation community and community 15 residents' and citizens oppose the shipment'of'the. spent fuel 16 from Surry to North Anna. Just to.say we would encourage you. l-17 to -deny Virginia Power's request for a license to story the ;
18 -Surry fuel at North Anna, and we encourage you to approve I 19 their request, should they bring it forward,.and we hope soon, ;
20 for license amendment to allow them to do dry cask storage at '
21 the Surry Plant.
22 One--reason Sierra Club maybe is a little bit more
'23 important to speak overall for the citizens of the State is 24 that we have already been -- I won't use the term, ' victim,'
- Am-Feder
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- 25 but. plagued with an attempt to site low level radioactive waste
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13-5-Wal1 311 1 storage facility not far from here in Buckingham County without 1
2 -a whole lot of thought being given to it.
3 Since that time, the Congress has passed the 4 legislation that allows the creation of the Interstate Compact.
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5 Virginia is a member of the Southeast Compact Commission, and
-6 . we are looking at a little bit more rational and thoughtful 7 . approach to handling at least that level of nuclear waste.
8 We hope that the NRC does find a final repository.
9 for spent nuclear fuel, and we encourage all means that you can
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10 take not to be moving the stuff around like checkers or walnut.
11 shells. That we be able to keep this spent fuel in place at 12 a place, and not continue to . pay something like Russian Roulette.
13 I do understand you are considering an intermediate 14 repository in Tennessee. There are several sites 'here. t I 15 would like to see you keep the stuff put somewhere until we get 16 a final solution, so we are not exposing or potentially exposing -
l 17 citizens to additional risk by moving it around. I 18 Thank you.
19 JUDGE WOLFE: Thank you. There are no other -
20 limited appearance statements. We will recess now until 8:30.
21 We will be kept alerted by our law clerk as to.whether anyone 22 is here. We will stand in recess.
7s
\-) 23 (Recess was taken at 8:10 p.m., to reconvene at 24 9:51 p.m., this same day.)
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, (14-1-SueTj JUDGE WOLFE: It is now 9 minutes of 10'. I expect 2
there will be.no more limited appearance-statements.
3-We will recess then until 9 d.m. in the morning .
4 (Whereupon, the hearing was adjourned at 9:51 p.m.,
5 -to reconvene at 9 a.m., Wednesday, May 22, 1985.)
6
. END #14 ' 7 8
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CERTIFICATE OF OFFICIAL REPORTER This is to certify that the attached proceedings before the UNITED STATES NUCLEAR REGULATORY COMMISSISON in the matter of:
(',
NAME OF PROCEEDING: Virginia Electric & Power Company (North. Anna Power Station, Units 1 & 2)
DOCKET NO.: 50-338-OLA-1 50-339-OLA-1 PLACE:. Charlottesville, VA DATE: Wednesday Evening Session, May 21, 1985 were~ held herein appears, and that this is the official
(~ transcript thereof for the file of the United States Nuclear Regulatory Commission.
(sigt) M / ,
' GARRETT WALSH, JR.
(sigt)5 N A Al.s % h [ C (TYPED) 'y '
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MYRTLE H. TRAYLO (sigt) W A44 F1- 3 '
(T M D) MARY C.#SIMONS Official Reporters Reporter's Affiliation
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