ML20198J569

Memorandum & Order Granting Listed Petitions to Intervene Re 851015 Approval of Util Request for Onsite Disposal of Byproduct Matl & Delineating Order of Presentation for 860619 & 23-26 Hearings.Served on 860530

ML20198J569
Person / Time
Site:	Davis Besse
Issue date:	05/29/1986
From:	Hoyt H Atomic Safety and Licensing Board Panel
To:	OHIO, STATE OF, SAVE OUR STATE FROM RADIOACTIVE WASTE, TOLEDO COALITION FOR SAFE ENERGY, WESTERN RESERVE ALLIANCE
References
CON-#286-322 86-525-01-ML, 86-525-1-ML, ML, TAC-60875, NUDOCS 8606030151
Download: ML20198J569 (13)

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, e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION p..jg80 7pg 1_3 -

Before b $Q,, Dh Helen F. Hoyt /7 . .T y [3

<' Administrative Judge _

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In the Matter of ) Docket No. 50-346-ML

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TOLED0 EDISON COMPANY, ET AL. ) ASLBP No. 86-525-01-ML

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(Davis-Besse Nuclear Power Station )

Unit No. 1 ) May 29, 1986

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W N #AYiD1986 MEMORANDUM AND ORDER (Designating Matters to be Addressed at Hearing)

Preliminary Matters This proceeding involves the approval by the United States Nuclear Regulatory Commission (Commission) of a request by the Toledo Edison Company (Toledo Edison or Licensee) for authorization under 10 CFR %

20.302(a) to dispose of byproduct material on the site of its Davis-Besse Nuclear Power Station, Unit 1. The materials in question are radioactively contaminated resins from the plant's secondary system demineralizer. On October 9, 1985, the NRC Staft published in the Federal Register an " Environmental Assessment and Finding of No Significant Impact" relating to Toledo Edison's request (50 Fed. Reg. 41265), and by letter dated October 15, 1985, approved the Licensee's request for disposal authorization. After the approval of the Licensee's request, various groups petitioned the Commission asking the Commission to rescind approval of Toledo Edison's disposal authorization request. The Comission on February 20, 1986 issued an order g60gy $ p 6

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2 instituting an informal hearing in this matter and the undersigned was appointed presiding officer on February 25, 1986 by the Chief Administrative Judge, Atomic Safety and Licensing Board Panel.

The action approved by the Commission is for the periodic disposal of low level-radioactive dredgings from the onsite settling basins onto land owned by Toledo Edison. It is the Licensee's intention to continue the current practice of transferring each year approximately 1,000 cubic feet of radioactively contaminated secondary-side clean up resins and about 5,000 cubic feet of non-radioactive wastes from the water treatment facility to onsite settling basins. About six times over the remaining operating life of the facility, i.e. about once every five years, the settling basins will be dredged and the removed material will be disposed of on land at a minimum thickness of two feet, covered with four inches of clean soil and seeded.

The Commission order of February 20, 1986 determined that interested persons should be afforded a hearing under section 189a of the Atomic Energy Act, 42 U.S.C. $ 2239(a). The Comission noted that its decision in Kerr McGee Corp. (West Chicago Rare Earths Facility),

CLI-82-2, 15 NRC 232 (1982), aff'd, City of West Chicago v. NRC, 701 F2d 632 (7th Cir.1983), had indicated that there was no entitlement to a formal trial-type hearing under either the Atomic Energy Act or NRC regulations with regard to materials licensing actions. Neither the hearing requests of the various groups or individuals nor any other information caused the Commission to exercise its discretion and grant a

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formal hearing under the "public interest" standard of 10 CFR 99 2.140(a) and 2.,105(a)(7).  ;

In accordance with the Commission order of February 20, 1986 in regard to the conduct of this informal proceeding, a Memorandum and Order (Notice of Informal Hearing and Opportunity to Become a Party) dated March 10, 1986 was issued by me in which I invited petitions to intervene and set out the procedures to be followed in considering the proposed disposal of by-product material at Davis-Besse. By this order the following petitions to intervene are granted based upon findings that each of the named petitioners has demonstrated standing to intervene as governed by 10 CFR 5 2.714(d) and existing agency precedents regarding this section:

State of Ohio - Petition for Leave to Intervene (submitted by Anthony J. Celebrezze, Jr., Attorney General of Ohio) filed April 14, 1986.

Toledo Coalition For Safe Energy and Susan A. Carter - filed November 6, 1985.

Western Reserve Alliance - November 10, 1985; May 13, 1986 and May 20, 1986.

Save Our State From Nuclear Waste, Consumers League of Ohio, Arnold Gleisser and Genevieve S. Cook - filed April 11, 1986.

In the conouct of this oral hearing, I hereby designate as lead intervenor , The State of Ohio, to facilitate an orderly presentation of intervenors' interests and as lead counsel for party intervenors, the Assistant Attorney General of Ohio, Jack A. Van Kley; Edward Lynch or Sharon Sigler (whose Notices of Appearance have been made on this

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4 record) will conduct the intervenor's presentations and question witnesses presented by the Licensee with' the assistance of counsel or A

representatives of the other party participants.

Petitions to intervene from elected representatives, municipalities and others have been considered as well as the Licensee's statements concerning the standing to intervene of the individua'ls, organizations or governmental bodies. In reaching the decision to deny these petitions to intervene and the connotation that party participation has even in an informal proceeding, I have decided to provide each of these petitioners with an opportunity to make a sworn statement on this record of not more than ten minutes or to submit their written arguments pertaining to the questions raised by me below. These sworn statements, oral or written, will be considered by me along with other testimony given by the parties but will not be subject to cross-examination. The order of presentation below will establish time for these presentations.

Notice of intent to submit the sworn testimony or statement will be given three days in advance of this informal hearing date.

Name of Petitioner Date of Petition Why Petition Denied City of Ashtabula, Ohio April 15, 1986 Lacks standing as to 10 CFR l 2.714(d) because it does not demonstrate injury; the town is 120 miles from Davis-Besse site. Distance precludes 6 2.715(c) standing.

Lakewood, Ohio April 10, 1986 Lacks standing

5 because of distance from site.

Citizens for Ca'nd and- t April 11, 1986 Fails to identify Water Use interest of any kind to qualify for standing, or particu-lar deficiencies in method of disposal.

George Zatroch April 8, 1986 Petitioner <3lleges no injury; fails to

,, demonstrate standing; and has not identified any issue.

Matters Within the Scope of Proceeding to be Addressed at the Hearing The following matters are those concerns which I find are not clearly enunciated in the documents related to the Commission's action in this. matter: .

1. What final location on the Davis-Besse site has been selected for waste burial?

2. What will be the dimensions of the waste burial site in its final configuration (after 30 years)?

3. Is the waste burial site located within the bounds of Navarre Marsh? Provide a description of the location of the burial site relative to the Marsh.

4. What is the observed flooding frequency at the waste burial site?

5. What soil erosion from storms has been actually observed at or near the disposal site? '

6. What is the direction of groundwater flow from the burial site relating to Lake Erie, Navarre Marsh, and the Toussaint River?

7. What is the depth to bedrock of unconsolidated glacial deposits at the burial site?

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8. What is the average depth and upper and lower range of the water table at the disposal site?

9. What"e'ndange' red species 'of plant or animal have been actually observed on the Davis-Besse site? What critical habitats for endangered species exist on the Davis-Besse site?

10. What will be the total radionuclide inventory of the burial site after 30 years of operation under expected levels of resin contamination?

11. What is the estimated dose to an individual standing on covered basin dredgings after 30 years of operation under expected levels of resin contamination?

12. What criteria will be used to decide whether resins will be buried on site or transported to a licensed burial site in the event that resins become contaminated at higher than expected levels (from steam generator tube leaks or ruptures, for example)?

13. What is the estimated upper limit of radionuclide inventory that could exist on site after 30 years under the above criteria?

14. What is the estimated upper limit of dose to the whole body for an individual standing on the burial site that could exist after 30 years under the above criteria?

15. Why has SR-90 not been included in the licensees' assessments?

16. What would be the total estimated whole body dose equivalent for an individual through the food ingestion pathway that could result from the final 30-year inventory of radionuclides including Sr-90? Provide estimates for expected levels and upper limits of radionuclide inventory after 30 years.

17. What are the principal chemical components of the non radioactive sludge that are mixed with radioactively contaminated resins?

18. What is the rate of biological or chemical degredation of resins?

19. What biological hazards are there from resin degredation that have been published in the scientific literature or are known from manufacturers' tests?

20. Describe the licensees' plans for site management during

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Hearing Procedure Prior to' the hearing, I will tour Toledo Edison's proposed waste 1

disposal burial site at Davis-Besse. One representative of each of the admitted parties may accompany me.

The b:2 rial site tour is scheduled for June 23, 1986 at 2:00 p.m.

The parties sho'uld report to the Visitor's Center at the Toledo Edison Davis-Besse. site.

I have indicated in my March 10,1986 -Order and with this Order that the: hearing will be informal . Although it was not my intention to pemit cross-examination by the parties, I find that questions on the issues designated for hearing may better be phrased by the lead intervenor or tt(e: Licensee without the need to screen each question.

Where a need is perceived by the parties, a- request may be submitted for permission to cresent brief supplemental te;stimony designated to respond .

to another party's testimony. The following order of presentation is established:

June '19,1986 Prefiled direct testimony of witnesses by Licensee and admitted intervenors due for filing and

! exchanged among the parties.

Testimony will be limited to those issues described in the section of this Order titled Matters to be Addressed at the Hearing.

l June 23, 1986 Tour of proposed low level waste site on Davis-Besse (2:00 p.m.).

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June 24, 1986 9:30 a.m. Hearing begins.

through Order of presentation of witnesses is June 25, 1986 ,

.as follows: Licensee's witnesses or panels will complete direct testimony. Questioning by counsel for lead intervenor will follow immediately. Licensee's counsel will be permitted rebuttal questions limited to matters disclosed through lead intervenor's questions. Lead intervenor will present direct testimony on the issue and Licensee's counsel will be permitted to question these witnesses. Lead intervenor's counsel will be permitted rebuttal questions limited to matters disclosed through questioning by Licensee's counsel.

June 25, 1986 7:00 p.m. - 10:00 p.m. General Public-oral limited appearance statements for persons not a party or who have not submitted Petitions to Intervene. Each statement will deal with the position of the individual on those issues described in the section of this Order titled Matters to be Addressed at the Hearing.

Statement will be limited to 5 minutes. Persons wishing to make an oral limited appearance statement may register with a designated representative at any time during these 3 days of oral hearings.

June 26, 1986 9:30 a.m. Sworn statements for those individuals or organizations who had submitted Petitions to Intervene but whose petitions were denied. These individuals will be limited to 10 minutes. When these statements are completed, the hearing will continue with the five minute limited appearance statements described above. The hearing will remain open until 5:00 p.m. when the record will be closed.

Limited appearance statements have been received from organizations and individuals described in Appendix to this Memorandum and Order. It

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L 9 I is not necessary that those persons submit additional oral or written statements. Persons wishing to; submit a written statement may do so by addressing it. to U.S. Nuclear Regulatory, Office of the Secretary, Docketing and Services Branch, Attention: Docket No. 50-346-ML, 1717 H Street, N.W., Washington, D.C. 20555.

Hearing Location The location for the hearing is Sandusky High School. 2130 Hayes Avenue, Sandusky, Ohio.

FOR THE ATOMIC SAFETY AND LICENS NG BOARD A d.

Helen T.~Hoyt N

Administrative Judge Dated at Bethesda, Maryland this 29th day of May, 1986.

k' APPENDIX Comments have been received from the following and are placed in Docket No. 50,3,46-ML in Limited Appearance Section.

City of. Brook Park, Ohio - May 6,1986 - Resolution No. 19-1986 Opposing Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at its Davis-Besse Nuclear Power Station, and Declaring an Emergency.

City of Mentor, Ohio - December 17, 1985 - Resolution 85-R-134 -

Resolution Requesting NRC to Rescind Approval for Disposal of Radioactive Waste at Davis-Besse Plant Site.

City of Euclid, Ohio - January 21, 1986 - Resolution No. 10-1986 -

Expressing Opposition to City of Euclid Council to Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at Davis-Besse Nuclear Power Station.

City of Mayfield Village, Ohio - February 17, 1986 - Resolution 86-8 Opposing Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at its Davis-Besse Nuclear Power Station.

City of Willowick, Ohio - April 15, 1986 - Resolution 86-11 Expressing Opposition by Council of the City to Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at its Davis-Besse Power Station.

City of Rocky River, Ohio - April 7,1986 - Amended Resolution No.

29-86 Emergency Resolution Urging the Governor of State of Ohio to Aggressively Examine and the NRC to Hold Formal Hearings on Burial of Nuclear Waste on Site at Davis-Besse Nuclear Plant.

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City of Middleburg Heights, Ohio - April 22, 1986 - Resolution 1986-51 to NRC,,0pposing Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at its Davis-BEsse Power Station.

City of Painesville, Ohio - April 7,1986 - Resolution Requesting NRC to Rescind Approval for Disposal of Radioactive Waste at Davis-Besse Plant Site.

League of Ohio Sportsmen and subsidiary Ohio Wildlife Federation -

Edward A. Stupka, President - April 10, 1986 - Resolution 86-19X Oppose Burial of Radioactive Waste On-Site at Davis-Besse Nuclear Power Station.

Dwight Wise - Ohio House of Representatives, 85th House District -

May 2,1986 - Letter to Chairman Nunzio J. Palladino urging NRC to revoke its approval of Toledo Edison's application to bury low-level radioactive waste at Davis-Besse Power Plant.

Greater Cleveland Boating Association - April 9,1986 - Resolution opposing Toledo Edison Co. application to amend its license to permit burial of radioactive sludge on the power station site and unrestricted use of the land in the future.

Lawrence J. Lucas - February 1,1986, March 2,1986 and April 21, 1986 - Letters to U.S. NRC requesting a hearing and opposing NRC giving pennission to bury waste without public participation.

City of Mayfield Heights, Ohio - February 17, 1986 - Resolution 1986-12 Requesting NRC to Rescind Approval for Disposal of Radioactive Waste at the Davis-Besse Plant Site.

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League of Women Voters of Rocky River, Ohio - April 10, 1986 -

Statement objec, ting to process of site selection; suitability of proposed site, for low-level nuclear waste disposal; and lack of environmental impact statement for Davis-Besse Power Station burial of low-level nuclear waste.

U.S. Representative Edward Feighan - April 14, 1986 - 19th District of Chio, Statement-Petition to Participate.

Elbert J. Waldorf - May 17, 1986 - Letter.

Al and Irene P. Kay - May 13, 1986 - Letter requesting Save Our State be allowed to intervene and opposing burial of radioactive waste in area of Great Lakes.

Paul E. Dornbusch - undated letter opposing burial of radioactive waste because it may leach into ground water.

League of Women Voters Lake Erie Basin Committee - April 10, 1986 -

Letter from Secretary opposing burial of low-level radioactive waste at Davis-Besse.

Ohio Radioactive Materials Users Group - April 10, 1986 - Letter opposing analysis of possible impacts on burial of low-level radioactive waste at Davis-Besse. Statement to be available by August 1,1986.

Russell M. Bimber - April 5, 1986 - Letter opposing burial of nuclear waste at Davis-Besse.

Intervening Statement of Councilwoman Joan Klein (Lyndhurst, Ohio Resolution No. 86-10) - February 17, 1986 - Resolution Expressing Opposition to the NRC of Council of City of Lyndhurst, Ohio to

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4 Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at Davis,-Besse Nuclear Ppwer Station.

Ohio Citizens for Responsible Energy (0CRE) - November 27, 1985 and March 25, 1986 (Susan L. Hiatt) - Limits participation to limited appearance status. OCRE urges " disposal of low-level radioactive waste at properly licensed disposal site, City of Olmstead Falls, Ohio - April 28, 1986 - Resolution 63-86 Opposing the Burial of Radioactive Sludge in Lands on Davis-Besse Nuclear Power Station Near Navarre Marsh Lands Adjacent to Lake Erie and Declaring an Emergency.

City of Seven Hills, Ohio - May 12, 1986 - Resolution 15-1986 to the NRC Opposing the Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at its Davis-Besse Nuclear Power Station; and Declaring an Emergency.

City of Broadview Heights - May 20, 1986 - Resolution 86-45 Opposing the Application of Toledo Edison Co. for Permission to Bury Radioactive Sludge at its Davis-Besse Nuclear Power Station and Declaring an Emergency.

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