ML20202B798
| ML20202B798 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 02/02/1998 |
| From: | Wilson R AFFILIATION NOT ASSIGNED |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| CON-#198-18785 ISFSI, NUDOCS 9802120094 | |
| Download: ML20202B798 (7) | |
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DOCKETED Secretary Department of Physics USHRC-Nuclear Regulatory Commission Harvard University WASHINGTON, DC 20555-0001 Cambridge, MA, 02138 Tel 617-495-3387 gg pgg.4 p3 ;j g home tel 617 332 4823 Fax:
617-495-0416 E Mail s WILSON @HUHEPL. HARVARD.EDF 9 F 70C ' - W RLt i N
- un February 2nd 1998ADJUE "
.s F Docket Number 72-22-ISFSI Licensing hearing on proposal of Private Fuel Storage LLC Amended petition
Dear Sir,
Petitioners listed below have formed a group " Scientists for Secure Waste Storage" and request leave to intervene, as a group, in the above-hearing and extensions thereof in accordance with the rules of practice for domestic licensing proceedings.
This request is late.
Petitioners were only aware of the proposal and the proposed hearings thereon at a late date and it has taken a little time to collect the information, and discuss a position thereon.
The petitioners believe that the proposal of Private Fuel Storage to store spent nuclear fuel in the Skull Valley Indian reservation, is in principle a sensible proposal to cope with one of the steps in the technology of nuclear power in a safe and environmentally acceptable way.
The petitioners have little doubt that such a storage facility can be built and operated safely.
In that sense the petitioners support the proposal.
Petitioners-would like to have the opportunity to review and comment (preferably in writing) upon any and all scientific and technical issues that are, or will come before the board.
We desire this right to make sure that the scientific and technical testimony is accurate and in proper context.
It is the intention of the petitioners that written comments would be circulated among the petitioners and the group report would then represent their views rather_than merely represent the views of a spokesman.
To the extent that oral comments may be made by a spokesman for the petitioners, these will be sent to each and every petitioner-for subsequent checking. The comments of the group will,_of course, be available for-cross examination and it is expected that the spokesman will be the person so examined.
The petitioners also note that according to paragraph 2.71
.f the rules of practice the presiding officer may at his discretic..
permit a limited _ appearance either orally or by written statements of the position on the issues at any session of the hearing or at the pre-hearing conference.
It is possible that if the presiding officer l
permits a wide latitude in such limited appearances that the aims of 9002120094 980202
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.Y the petitioners in making sure that the issues are properly clarified and that the public good is appropriately represented will be_ met-through a limited appearance or appearances at more than one stage of-i a
l the hearing.
However the more formal intervention may give more flexibility in ensuring that the petitioners can properly present the a
best scientific and technical information and respond to such other information as may be presented in this-matter.
The petitioners are alarmed by inaccurate (and not publicly retracted) statements on the
-science and technology of nuclear physics and its application to waste storage, that.have been made by officials of the State of Utah, which is one of the participants.-These statements have been made in the i
press and also expressed in various communications. The petitioners i
feel that to accept, condone or give credence to such statements would misrepresent and demean science and-the scientific community and they desire to intervene to help ensure that the scientific and technical record is-correct. For these reasons we request leave to intervene j
even at this late stage.
1 The petitioners make response to the following factors as listed in 2.714 (d) (1) of the rules of practice.
(1) Most of the petitioners have worked much of their lives in research on the science and technology of nuclear energy and in i
planning and regulating nuclear energy (as set forth succinctly in the qualifications beside the names, with exceptions noted) and the collective knowledge and experience of the petitionere can be of help to the beard and therefore to the public at large.
(ii) None of the' petitioners have-personal financial or property interests in the proceeding.
Their interest however is. great, but is solely an interest in the public good and a desire to ensure that the public good be properly considered.
One of the petitioners live-and works in the State of Utah, not far from the proposed site, and his personal interest in the hearing is therefore the same as any.other resident of the State of-Utah.
(iii) If an order is presented in the petitioners interest, it will be (in-the opinion of the petitioners) in the broad.public interest also.
The comments on items (i) and (ii) above show that each and every petitioner in his own way has spent many years considering the impact of these matters on the public.
In accordance with 2.714 (f) petitioners anticipate and would accept restrictions on an intervention.
In order petitioners note that:
2.714 (f) (1) petitioners are unlikely to introduce irrelevant argument.
Although the argument is very likely to be repetitive and duplicative, in view of the experience and expertise of the
-petitioners such argument and discussion is more likely to clarify the issues.being discussed than to complicate and obscure them.
- 2.714 (f) (2) Although the petitioners share a common interest with the proposers in ensuring that the nuclear power program of the USA be continued with the minimum of environmental problems, there are
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er differences.
The spokesman may not always be able to fully represent the details of the various opinions.
It is moreover likely that the patitioners will have, on occasion different views in detail from the proposer Private Fuel Storage Inc., or the Skull Valley Band of Goshute Indians, and it seems desirable that the board have available to-it the spread of informed opinion.
For this reason a full i
intervention will make a_ clearer docket than an alternate possibility of presenting the testimony as a witness called by one of the other i
parties. Only then will.the board be able to_make the best possible decision.-
2.714 (f) (3 )'
At'no time do the petitioners want to disturb.the authority of the licensing board or modify the compass of tho hearing.
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-2.714 (g)
The petitioners are-at present unaware of the detail of all the issues in the hearing.
Such-details, for example, of-whether an access road should go to the left or to the right of'a j-particular hill will clearly be of no concern to the petitioners provided that some reasonable access is provided.
Although some of-4 the petitioners are well informed on the legal and procedural matters of the commission, their interest is to ensure that the science and technology is sound. The petitioners expect to limit their
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participation accordingly whether or not it is formally limited by the board.
2.714 (i)
It is the stated and clear intention of the petitioners NOT to enlarge the issues in the hearing:-only to be able to clarify them and put them into perspective.
We also request that the petitioners be permitted to participate in the preparation (and peer review) of the Commission's safety and Environmental reports to the extent consistent with this intervention.=
We request that we be provided with copies of the notes of_that testimony and those filings of others that pertain to scientific and technical matters regarding the transportation and storage of spent fuel.
The ~1egal advi sor to the " Scientists for Secure Waste Storage" is the Atlantic Legal Foundation Inc., located at 205 E. 42nd Street, Ninth floor, New York, NY 10017 Tel; 212 573 1960. The president is E.
Lewis, Esq.and the General Counsel Martin Kaufman, Esq.
The' Atlantic Legal Foundation is a public interest legal foundation that has represented scientists in a number of amicus curiae briefs in the aim of ensuring reliable scientific data in legal proceedings. Two of these. (Daubert and Joiner) were presented to the U.S.
Supreme Court.
Yours sincerely gjke<I Richard Wilson Spokesman for Scientists for Secure Waste Storage
Petitioners and members of " Scientists for Secure Waste Storage" :
William T. Anders, former Astronaut former Chairman Nuclear Regulatory Commission former Ambassador to Norway former Chairman General Dynamics Corp.
Resident in Eastsound, Washington Hans Bethe, Professor.of Physics Emeritus, Cornell University Nobel Laureate in Physics (for understanding the energy in tha sun)
Resident in Ithaca, NY Nicolaas Bloembergen, Gerhard Gade University Professor Emeritus Harvard University, Professor of Physics Nobel Laureate in Physics Resident in Lexington, Massachusetts Allan Bromley, Dean of Engineering, Yale University Sterling Professor of the Sciences Past President American Physical Society formerly The Assistant to President George Bush for Science and Technology Resident at or near New Haven, Connecticut Max Carbon, Professor of Nuclear Engineering Emeritus University of Wisconsin, formerly member of Advisory Committee on Reactor Safeguards, AEC/NRC formerly INPO accreditation board Resident of Madision, WI Bruce W. Church, Desert Research Institute, University of Nevada Adjunct research Professor University of Cincinatti formerly head of Environmental Health and Safety DOE Nevada operations office.
Resident in Logandale, NV Native of Southern Utah Bernard L Cohen, Professor of Physics, University of Pittsburgh author of many papers on nuclear waste disposal Resident at or near Pittsburgh, Pennsylvania
- Gerard Debreu, Professor of Economics, University of California Nobel Laureste in Economics Resident at or near Berkeley, California Sheldon L. Glashow, Higgins Professor of Physics, Harvard University Nobel Laureate in Physics (for his work on the " standard model" Resident in Brookline, Massachusetts Robert J.
Hoffman, certified health physicist Radiation Safety Consultant Formerly Chairman Radiation Control Board of the State of Utah 1
4 Resident in Salt Lake City An affidavit confirming this participation will be available
- Daniel M. Kammen, Assistant Professor of Public Policy and International Affairs Princeton University expert on solar energy in developing countries Resident in Princeton, New Jersey John Landis, Past President, American Nuclear Society formerly Senior Vice President, Stone & Webster Corporation Past Chairman American National Standards Association Resident in Weston, Massachusetts Ralph Lapp, Safety Consultant author of books on dangers of radiation Resident in Alexandria, Virginia Otto G. Raabe, Professor University of California Institue of Toxicology and Environmental Health Current president Health physics Society Resident in Davis, CA Norman F. Ramsey, Higgins Professor of Physics Emeritus Harvard University, Nobel Laureate in Physics former Science Ambassador to NATO former President, Universities Research Association Resident in Brookline, Massachusetts Marcus T Rowden Esq.,
former Chairman Nuclear Regulatory Commission Resident at or near Washington, DC Glenn T. Seaborg, Professor of Chemistry Emeritus, University of California formerly Chance] lor University of California formerly Chairman Atomic Energy Commission Nobel Laureate in Chemistry Resident in Lafayette, California d
Allen Lee Sessoms, President, Queens College, New York formerly Science Counselor, U.S. Embassy, Paris formerly Deputy Chief of Mission, Department of State, Mexico City Department of Energy, Energy Advisory Committee As a person with native American ancestry, he has a particular concern for and understanding of many of the issues.
Resident in Newton, Massachusetts Jacob Shapiro, Radiation Safety Officer Harvard University (retired)
Author of a major text on radiation health physics Resident in Massachussets Richard Wilson, Mallinckrodt Professor of Physics, Harvard University expert on nuclear physics and risk analysis, especially effects of radiation and air pollution advisor on risks to many US agencies and foreign governments Resident in Newton, Massachusetts other scientists are likely to join the group at a later time.
Collectively the petitioners have expertise in most of the matters before the committee including fundamental physics and chemistry, numerical assessment of risks, and effects of radiation.
However the signatories marked with an asterisk note that they do not have as much experience in nuclear energy as noted in the response to
- 2. 714 (d) (i).
Certificate of Service:
I hereby certify that-copies of the above petition were served on the persons listed below by E MAIL (with copies by US first class mail postage prepaid) except as noted below where copies were only sent by first class mail.
GPB@NRC. GOV PSL@NRC. GOV JRK2@NRC. GOV SET @NRC. GOV CLM@NRC. GOV-DCHANCEL@ STATE.UT.US 1
l JOHN @KENNEDYS.ORG CJP9PWLAW.COM DICURRAN@AOL,COM LANDWATER@LAWFUND.ORG QUINTANA @XMISSION.COM SCOTT.D.MORTHARD@NSPCO,COM MSKAUFMAN1@EARTHLINK. NET JAY _silberg@shawpittman.com by Mail only Office of the Sec) e.7, NRC (2 copies)
CJ Haughney, NRC Adjudicatory File ASLB, NRC
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