ML20133J136
| ML20133J136 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/11/1985 |
| From: | Lewis M LEWIS, M. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#485-791 SP, NUDOCS 8510180287 | |
| Download: ML20133J136 (3) | |
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UNITID STATC T A!FRICA NUCIEAR REGULAT7RY COMMISCION Before tha Atomic Pafety, and Licensini; Boar _d Oc g
In tha matter of
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l Metropylitan Bilson Company D>cket No. 50-23h[$6 g N.
(TMI Nuclaar Stati3n (Resta3)f Unit no.1) y- ) x-( s,.
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S Marvin I. Irwis's Response to Licensee's Response To the Petition for a New Irak Rate Contention.
On October 4,1985, t.icensee resp 3nded to Petitioner.- The resanse was received on Oct.10 by petitioner. Petitioner responds to correcteertain statements in the Licensee's response.
i "This 33ard twa n) jurindiction to considar M titionnr's contention."
Of course this Board han jurisdiction. Only a part of the Order that set up this Board has been lif ted with the Commission Order at CLI B5 -9, l
21 NRC 1118 (1985.) That order did not dishind this Board or eliminate its oower to consider new evidance. The " Hearings on leak rate practices are not warranted" referred only to thase leak rate hearings that were in i
progress or had been heard. The 'onission no matter how strong its n3wern.
' had never to my knowledge, attested to powers of clairvoyance. Therefore i
the Commission troperly wan referring ont to those hearings that it had knowledge l
of and not to all future hearings and especially those that were based on new evidence not before the commissioners at the time of the order.
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Therefore this Board does rightfully htve the power and the duty to consider any new evidence that directly affects its remaining mandates as does this new leak rate contention.
Although true that Petitionar livec 90 nome miles from T tI. petithner was and is an intervenor. Radiation from the T !I accident was tracked much mor e than 93 miles from the scene. A.stjor accident at TMI would affect the octtioner directly in his nocketbook and in Sin eersonal life. Petkloner has many friends and acquaintaneen that live in the TMI area as well an financial interests. Exclusion on the basis of some inconsistent utandard for standing af ter petitioner has intervened sucer cafally and caid interventi3n has benefitted the record of this cace would bn 1 groso niscarria6e of justice and adninintrative law.
Please remenber that tha Licensee and the Staff were required to repair the Radioactive waste gas manifold which was a major part of the Lewis Contention. My participation was not frivoloun or trivial. The repair of the waste gas manifold does add come annurance to the saf ty of the public in the case of another cimilar accident at TMI.
I respectfully point out that this contention in not frivolous or trivial. The matter of which I wish to conteed directly affects the health and ototy of the i
public, And there in no one else contending thin issue.
l i 0510180287 851011 gDR ADOCK 05 89 s
Pditioner'does not believe that the record has been closed on the present hearings.
However to assure that all standards are met, Pettioner herewith argues thht this contention meets the standar,.s for reopening the record :
(1) timeliness, (2) safety of environmental significance, and (3) likelihood of changing the result. Fee DLnsas, Gas ani Electric Lo. %olf Creek Generating Station Unit no.1) ATA B 462, 7 NRC 720, 337-19(1978).
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- a. Timeliness: This contention is based upon a Comment Period has nnly exoired on Sep 2,1995. poposed Rule where the his poposed rule will affect the means.that CLC 4 is regulated. The means will depend upon the measurement of tha leak rate. D eors in tha neasurement of th' leak rate at THI were just let out to public knowledge on a menorandum fran Ebneter to Thompson both of the NRC dated T'er 6, 1983 My Pettion was filed on Sep, 18,1935 Intervenor's Petition was filed within 12 days of the information becoming public knowledge and within two days of the reciept in the intervenor/ petitioner's hands.
Petitioner has only his own typewriter.
There is no outside typing help.
Petitioner cannot imagine how to get nore timely save to call each Board membar by phone and Detitioner really does not have that kind of money to spare.
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Cafety of environmental significance.
This petition deals directly with GDC4 a:d the surveillance technique to minimise the possibility of a double ended guillotina pipe break.
A double ended guillotiR6 Dipe break i
can and is a loss of coolant accident that can cause the deaths of up to 100,000 oeople.Petitio(Candia National labs Consequence Report)
(Washington Post 11-1-32) ner cannot imagine a greater environmental safety significance than thn deaths of ICO,000 paople, 100,000 is far greater thi n the deathe allowed (11000) in the Connission's Severc Accident Policy Statement.
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Likelihood of changing tha result: Obviously if the Board finds that
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the present leak rate method of measurement would endanger 100,000 people's lives, any resonable Board would do something. The relief could range i
from changing the Licentre's reliance on leak rate deternination of piping soundness to closing down the reactor for a period of tine until the trccent leak rate acasurement situation is adjusted. From the clear evidence, the present situation is endangering the saftty of the public and relief is needed immediately. Fetitionar strongly reconnends thc.t and seeks the ston of operation of T3Ih1 until this present petition is settled.
Although this 10 n7t a late filed contention as it is based upon evidence that has only just come out into the public view, petitioner argues that thie c?ntantiin nonathelass ncets the criteria for M71ttig a htefik! contantion.
- a. Gooa Causc: Tne evidence that this petition uas based upon was not availaole emviouly, b.0 thor mana ta protect petitioner's interest. f;tatements in the submitted evidence r.how that the very leak rate measurement procedures and use are prenently being performed at TMI with the acquiessence of the N3%, Relief is so ight immediately before we wind up with a IDCA that kills 100,000 people.
- c. Petitioner has a track record with this Board where his participation has been beneficial to the recori and results.(Inwis Contention.) 4 titioner is also the only person who had the wherewithal to bring this most important matter up to the Board for Consideration.
Petitioner is a Registered Professional Fngineer with knowledge in this area.
Petitioner can more than reasonably be expected to assist in the development of a sound record, d.
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There are no existing parties which can represent the petitioner's interest. Petitioner would be most happy if any of the present parties would assume or join the petitioner in his contention.
Petitioner's contention concerns the technical aspects of the use of the leak rate determination.
All other parties have concentrated upon the criminal aspects and tha j
regulatory a'spects of management integrity of lack of it in the leak rate determinations and not the technical use of the leak rate to protect the health and safety of the public.
Petitioner does not plan to broaden any issue unnecessarily.
Petitioner e.
does not plan to delay the proceedings. In fact it is to Petitioner's benafit to speed the procratings to a croper conclusion that would assure the health and safety of the public. The issue of leak rate is and has been before,the Board. T e only part of the leak rate that petitioner h
seekd to litigate is that part that has been missed and carries great significance to the health and safety of the public.
If the record
, is closed without examining essential and important parts, the record is i flawed and cannot stand anl will be most easily. reopened. Reopening a flawed record will only cause.more delay than hearing a pertinent and necessary contention at this point.
Conclusion ~
For the reasons stated above, t~he Atomic Lafety and ricensing Board should find that the litigation of the new leak rate contention is in the best interest of all concerned and speedily call a prehearing conference upon this new leak rate contention.
A PB.9NAL REQU:ET TO TF BOARD FRTI T.F PETITIONER.
Your Honors:
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ctatements in GEND IliF 1047, the mass balance done by EG1 G suggest that some of the core has been pumpad from Unit II to Unit I and even been loosed into the environment.
Petitioner-is presently investigating this aspect as part of a contention to bn filed concerning the clean up of Unit II.
However if some of the melted and degraded core has been transferred from Unit II to Unit I. this core can affect you directly.
Most obvioualy, of the degraded core could have gotten outinto the environment. Gone of mona the degraded core could have gotten itto Unit 1, and changed the characteristics of Unit I. Either way, the operation of Unit I and even being in the vicinity of Unit I endangers us all.
I respectfully suggest that the hearings on this contention. if allowed, be performed in Harrisburg proper or at least outside of the exclusion area of Unit I.
Res etfully Submitted.
f,yg g oi. 1. LEWla Y
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ewis.R.P.E.
d504 BRADFORD TERN.
(215) 289 5964 PHILA', PA.19140 PS: "taff 'n Response just arrived. 10-11-85 3PM.
I have no objection to the Board asking the Commisdon. Otherwise I disagree with Staff.
'This will be sent to everyone on the distribution list. /irst class mail.
I do not agree that I do not have standine. I do. Radiation from the THI accident reached Philadelphia, I sure do F. ave rome interest.
Also I have met the requirements for reopening a record a d a latefiled petition for a contention as stated above,there is no safety c4gnificance and I woul d e H Bettenhausen is wrong that ke to get him under X examination. He appears to have no knowledge o the h0 posed Rule about the LBB concept that I included in my petition. I on't know how he can ignore that and exoect that his affadavit will have av force as his affadavit does not answer the specifics of my petition.
InfacttheTIG~2wasglet s'@> ate out of spec despite the other leakage detection systems that y Betten usen can be relied upon.
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