ML20209A767
| ML20209A767 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 09/03/1986 |
| From: | Sneider C MASSACHUSETTS, COMMONWEALTH OF |
| To: | Harbour J, Luebke E, Wolfe S Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-598 OL-1, NUDOCS 8609080097 | |
| Download: ML20209A767 (8) | |
Text
_
I 1
b q,
DOCMITED USNRC UNITED STATES OF AMERICA-16 S8' -5 P2 :36 NUCLEAR REGULATORY COMMISSION OFFICE OF SELFLIARY Before Administrative Judges:
00CKETmG A SEEvlCF.
SRANCH Sheldon J. Wolfe, Chairperson.
Emmeth A. Luebke Jerry Harbour
)
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF NEW
)
Docket Nos.
)
50-433/444-OL-1 (Seabrook Station, Units 1 and 2)
)
(On-Site EP and
)
Safety Issues)
)
September 3, 1986 ATTORNEY GENERAL FRANCIS X. BELLOTTI'S OBJECTION TO APPLICANTS' MOTION FOR AUTHORIZATION TO ISSUE LICENSE TO CONDUCT FUEL LOAD AND PRECRITICALITY TESTING Attorney General Francis X. Bellotti objects t o Applicants' Motion f or Authorization to Issue License to Conduct Fuel Load and Precriticality Testing, and as grounds therefore states as follows:
(1) Issuance of any license prior to a hearing on all issues relevant to full-power licensure violates the statutory hearing requirement of Section 189(a)(1) of the Atomic Energy Act.
See Petition of Attorney General Francis X.
Bellotti to Revoke Regulation 50.47(d) or In the Alternative to Suspend Its Application in the Seabrook Licensing Proceeding, dated July 2, 1986, at 11 (1)-(5), incorporated herein by reference; Answer 8609030097 860903' PDR ADOCK 05000443 G
- PDR,
()S O 3
.s of Attorney General Francis X. Bellotti to Applicants' Motion for Issuance of Operating License for Operation Not in Excess of 5% Rated Power, dated July 2, 1986, [ hereinafter " Answer of Attorney General Bellotti"] at 11 (1)-(3), incorporated herein by reference.
(2) Applicants have not complied with the provision of 10 C.F.R.
S 50.32(g) requiring the submission of " radiological response plans of state and local governmental entities in the United States that are wholly or partially within the plume exposure pathway Emergency Planning ' Zone'(EPZ), as well as the plans of state governments wholly or partially within the ingestion pathway EPZ."
Insof ar as the submission of all emergency response plans is a requirement of the license application, no license to conduct any activity may be issued until such regulation is satisfied.
See Answer of Attorney General Bellotti at 1 (7), incorporated herein by reference.
(3) " Prior to issuing an operating license authorizing low-power testing and fuel-loading," the Commission requires, inter alia, that the following off-site elements of the applicants' emergency plan be met:
Section 50.47(b)(5).
Procedures for notification, by the licensee, of state and local response organizations and for notification of emergency personnel by all organizations; and means to provide early notification and clear instruction to the populace within the plume exposure pathway Emergency Planning Zone have been established.
Section 50.47(b)(6).
Provisions exist for prompt communications among principal response organizations to emergency personnel and to the j
public.
47 Fed. Reg. 30232 (July 13, 1982).
6 i
Attorney General Bellotti contends that there are neither procedures nor adequate communications equipment in place for Seabrook Station for notification by the licensee of the Massachusetts state and local response organizations; nor procedures in place for notification of emergency personnel by all Massachusetts state and local organizations; nor the means to provide early notification and clear instruction to the populace within the Massachusetts plume exposure pathway EPZ; nor provisions in existence for prompt communications among principal response organizations to emergency personnel and to the public.
Insofar as such notification capabilities are a prerequisite to issuance of a license for fuel-loading and pre-criticality testing, no license to load fuel and conduct such testing may issue.
See Answer of Attorney General Bellotti, 19, incorporated herein by reference.
(4) The newest version of the Draft License for Seabrook Station, Unit 1, dated August 20, 1986, at 1 2.B.(8), exempts PSNH from the criticality accident requirements provisions of 10 C.F.R. S 70.24.
While Attorney General Bellotti does not contest the assertion that maintenance of a boron concentration of 2,000 ppm. within the reactor vessel throughout the fuel loading and precritical testing sequence would preclude the reactor core from becoming critical, there still remains the possibility, no matter how slight, that despite the special procedures which would be in place, that by accident or e.
a
.f O*
otherwise the boron concentration cculd be lowered and criticality accidently achieved.1!
The Attorney General therefore contends that any exemption of Seabrook Unit 1 from the Section 70.24 requirement of a monitoring and audible alarm system to detect accidental criticality and signal operators if it occurs is a violation of the Commission's regulations and that, inasmuch as such exemption is clearly relevant to the applicants' proposed activity, no license to load fuel and conduct pr'ecriticality testing may issue until the Applicants demonstrate compliance with Section 70.24.
(5) Applicants have failed to assert any reason why a license to load fuel and conduct precriticality testing should be issued prior to the completion of hearings on the remaining unresolved technical contentions.
The hearing on such contentions is scheduled for the week of September 29.
A partial initial decision and ruling on Applicants' Motion for Issuance of an Operating License for Operation not in Excess of 5% Rated Power.will presumably issue shortly thereafter.
- Yet, given the status of the hearings on the off-site emergency planning issues and the fact that.no emergency response plans have yet been submitted for Massachusetts it is likely to be many months, if at all, until a full-power license to operate 1
1/
Criticality was accidently achieved last year during low-power testing at Detroit Edison's Fermi 2 plant, without the operator knowing it.
I _
a may issue.
Thus, if the Board should, after the September hearings, decide to grant Applicants a license to operate not in excess of 5% power, there will be many months prior to full power operation in which to load fuel and conduct all precriticality and low-power testing.
There can be no justification, then, to grant Applicants' Motion to load fuel at this time prict to the Board's decision on the 5% power operating licence.
For all the foregoing reasons, the Board should deny Applicants' Motion.
Respectfully submitted, FRANCIS X.
BELLOTTI ATTORNEY GENERAL By:
Carol S.
Sneider Assi.* tant Attorney General Environmental Protection Division Department of the Attorney General One Ashburton Place, Room 1902 Boston, MA 02108 September 3, 1986 COLMETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'26 EP -5 P2 :36 In the Matter of
)
{fF
'E F'Yb 0C
)
ShASCH PUBLIC SERVICE COMPANY OF NEW
)
Docket No.(s) 50-433/444-OL-1 HAMPSHIRE, ET AL.
)
(Seabrook Station, Units 1 and 2)
)
)
)
CERTIFICATE OF SERVICE I,
Carol S.
Sneider, hereby certify that on September 3, 1986 I made service of the within document by mailing copies thereof, postage prepaid, by first class mail, or as indicated by an asterisk by express mail, to:
- Sheldon J. Wolfe, Chairman
- Dr. Emmeth A. Luebke Atomic Safety & Licensing Board Atomic Safety & Licensing Board U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission East West Towers Building East West Towers Building 4350 East West Highway 4350 East West Highway Third Floor Mailroom Third Floor Mailroom Bethesda, MD 20614 Bethesda, MD 20814
- Dr. Jerry Harbour
- Sherwin E. Turk, Esq.
Atomic Safety & Licensing Board Office of the Executive Legal U.S.
Nuclear Regulat ory Director Commission U.S.
Nuclear Regulatory Commission East West Towers Building Tenth Floor 4350 East West Highway 7735 Old Georgetown Road Third Floor Mailroom Bethesda, MD 20814 Bethesda, MD 20814 H. Joseph Flynn, Esq.
Stephen E.
Merrill, Esq.
Assistant General Counsel Attorney General Office of General Counsel George Dana Bisbee, Esq.
Federal Emergency Management Assistant Attorney General Agency Office of the Attorney General 500 C Street, S.W.
25 Capitol Street Washington, DC 20472 Concord, NH 03301
Docketing and Service Paul A.
Fritzsche, Esq.
U.S. Nuclear Regulatory Office of the Public Advocate Commission State House Station 112 Washington, DC.
20555 Augusta, ME 04333 Roberta C.
Pevear Ms. Diana P. Randall State Representative 70 Collins Street Town of Hampton Falls Seabrook, NH 03874 Drinkwater Road Hampton Falls, NH 03844 Atomic Safety & Licensing Robert A.
Backus, Esq.
Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O. B ox 516 Washington, DC 20555 Manchester, NH 03106 Atomic Safety & Licensing Jane Doughty Board Panel Seacoast Anti-Pollution League U.S.
Nuclear Regulatory 5 Market Street Commission Portsmouth, NH 03801 Washington, DC 20555 Paul McEachern, Esq.
J.
P.
Nadeau Matthew T.
Br ock, Ecq.
Board of Selectmen Shaines & McEachern 10 Central Road 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, NH 03801 Ms. Sandra Gavutis, Chairperson Mr. Calvin A.
Canney Board of Selectmen City Manager RFD 1, Box 1154 City Hall Rte. 107 126 Daniel Street E.
Kingston, NH 03827 Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angelo Machiros, Chairman U.S.
Senate Board of Selectmen Washington, DC 20510 25 Hign Road (Attn: Tom Burack)
Newbury, MA 10950 Senator Gordon J.
Humphrey Mr. Peter J.
Matthews 1 Pillsbury Street Mayor Concord, NH 03301 City Hall (Attn: Herb Boynt on)
Newburyport, MA 01950 Mr. Donald E. Chick Mr. William Lord Town Manager Board of Selectmen Town of Exeter Town Hall 10 Front Street Friend Street Exeter, NH 03833 Amesbury, MA 01913
$)
Brentwood Board of_ Selectmen Gary W. Holmes, Esq.
RFD Dalton Road Holmes & Ellis Brentwood, NH 03833 47 Winnacunnet Road Hampton, NH 03841 Philip Ahrens, Esq.
Diane Curran, Esq.
Assistant Attorney General Harmon & Weiss Department of the Attorney Suite 430 General 2001 S Street, N.W.
State House Station #6 Washington, DC 20009 Augusta, ME 04333 Thomac G. Dignan, Esq.
Richard A.
Hampe, Esq.
R.K. Gad III, Esq.
Hampe & McNicholas Ropes & Gray 35 Pleasant Street 225 Franklin Street Concord, NH C3301 Boston, MA 02110 Beverly Hollingworth Edward A. Thomas 209 Winnacunnet Road Federal Emergency Management Hampton, NH 03842 Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 William Armstrong Michael Santosuosso, Chairman Civil Defense Director Board of Selectmen Town of Exeter Jewell Street, RFD 2 10 Front Street South Hampton, NH 03827 Exeter, NH 03833 Robert Carrigg, Chairman Mrs. Anne E. Goodman, Chairperson Board of Selectmen Board of Selectmen Town Office 13-15 Newmarket Road Atlantic Avenue Durham, NH 03824 North Hampton, NH 03862 Allen Lampert Helen F. Hoyt, Chairperson Civil Defense Director Atomic Safety and Licensing Town of Brentwood Board Panel 20 Franklin Street U.S. Nuclear Regulatory Commission Exeter, NH 03833 Washington, DC 20555 Jerard A. Croteau, Constable 82 Beach Road, P.O. Box 5501 Salisbury, MA 01950 1
b-Lt._ t C Carol S.
Sneider Assistant Attorney General Environmental Protection Division September 3, 1986