ML20214T626

Petition of League of Women Voters of Humboldt County to Join Petition to Intervene in License Amend Proceedings, Request for Hearing & Request for Further Relief.W/ Certificate of Svc

ML20214T626
Person / Time
Site:	Humboldt Bay
Issue date:	09/19/1986
From:	Barr G LEAGUE OF WOMEN VOTERS OF HUMBOLDT COUNTY, CA
To:	Atomic Safety and Licensing Board Panel
References
CON-#386-879 OLA, NUDOCS 8609300359
Download: ML20214T626 (11)

Text

$99 M 00LKETED USNRC UNITED STATES OF AMERICA

'86 SEP 29 P4 :27 NUCLEAR REGULATORY COMMISSION BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD f0C; IN Tile MATTER OF ) Docket No. 50-133 OLA PACIFIC GAS AND ELECTRIC )

COMPANY (IlUMBOLDT BAY ) (Decommissioning)

POWER PLANT, UNIT NO. 3 )

PETITION OF T!!E LEAGUE OF WOMEN VOTERS OF IIUMBOLDT COUNTY TO JOIN PETITION TO INTERVENE IN LICENSE AMENDMENT PROCEEDINGS, REQUEST FOR IIEARING, AND REQUEST FOR FURTHER RELIEF

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Introduction:

Pursuant to the Commission's Rules of Practice, 10 CPR 2.714, and the Commission's Notice of Proposed Issu-ance of Amendment to Facility Operating License (51 Ped.

Reg. 24458, July 5, 1986) the League of Women Voters of Ilumboldt County and Gaye M. Barr hereby petition for leave to Intervene and request a hearing with respect to the pro-posed issuance of an amendment to the. subject facility oper-ating license sought by the licensee's Application and En-vironmental Report dated July 30, 1984, as revised February 28, March 20, April 3, July 11 and 30, October 7, and Dec-ember 13, 1985, and flarch 13 and 14, May 14, 16 and 23, and June 12, 1985. Two letters each were dated May 16 and May 23, 1986. ,

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The petitioners allege that the Nuclear Regula-

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tory Commission is considering issuance of an amendment to '

racility Operating License No. DPR-7, issued to Pacific Gas

, and Electric Company for the Humboldt Bay Power' Plant, Unit No. 3 located in Humboldt County, California. The amend-ment would accomplish the following:

1. Deletion of license conditions related to seismic investigation, analysis, and modifications that would have to be accomplished prior to a return to power operation;

2. Approval of the licensee's Decommissioning

. Plan, which involves 30 years of on-site storage of resi-dual radioactivity followed by its removal (SAFSTOR), and-the retaining of spent fuel on-site until a. Federal repos-itory is available for the spent fuel disposal. An Envi-ronmental Report submitted with the Decommissioning Plan.

1 analyzes some of the environmental impacts of the SAFSTOR

option and some of the potential accidents at the facility;

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3. Revision of the technical specifications to reflect the permanent shutdown and possess-but-not-operate status of the facility. Certain requirements would be

! deleted while others would be revised:

4. Extension of License No. DPR-7 for 15 addi-tional years from November 9, 2000 to November 9, 2015, to be consistent with-the licensee's Decommissioning Plan.

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Petitioners contend that before the Atomic Safety and-Licensing-Board (Board) makes a final determination on 4 Pacific Gas and Electric Company's (PGandE) proposed Decom-i missioning Plan. (Plan) and the Draft Environmental Impact-l Report (DEIS) that has been prepared in connection with that t

plan, that a full hearing on the Plan and the DEIS should be held. Petitioners Gaye M. Barr and the League of Women Voters of Humboldt County seek in this petition to insure that such a hearing is held and that petitioners will be allowed to participate in said hearing.

II. Petitioners' Supporting Allegations:

1.

In support thereof, petitioners allege:

1. The name and address of the person on whom service can be made on behalf of petitioners.Gaye M. Barr and the League of Women Voters of Humboldt County is:

4 Gaye M. Barr 1271 Searles Street Eureka, California 95501

2. Gaye M. Barr is the person expressly author-i.

ized by the League of Women Voters of Humboldt County (League) to represent the League in the present license amendment proceedings. Gaye M. Barr is also a board member j of the League of Women Voters of Humboldt County.

3. The League of Women Voters of Humboldt County is a non-partisan political organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy.

,- e-1 For 66. years, the League has remained true to its basic pu'r-poses to establish the positions on public policy issues

'through member participation and agreement, toLtake concerted 1-actions that secure public policies consistent with League positions; to enhance citizen participation in federal, state and local government decisions; and to increase citizen par-ticipatio,n in the election process. The League of Women Voters of Humboldt County is a non-profit corporation with a membership of 140 persons who reside in Humboldt County, the majority of whom live in the Eureka-Arcata area within close proximity to the Humboldt Bay Power Plant Unit No. 3.

Gaye M. Barr, 1217 Searles Street, Eureka, Cali-fornia 95501, is a board member of the League of Women Vot-ers of Humboldt County serving as Natural Resource Chair-person and resides at the above address with two of her-

. children and which address is less than five (5) miles from the Humboldt Bay Nuclear Power Plant Unit No. 3.

Petitioner Gaye M. Barr contends that because of her close proximity to the Humboldt facility, she and her children would potentially be injured by any on-site acci-dent that occurs during the next 30 years if the license amendment authorizes the storage of nuclear fuel until 2015.

She and other League members are concerned about the DEIS proposal to authorize the SAFSTOR of the nuclear portion of the plant for 30 years and the possible health

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4 and environmental impacts of this action on League members.

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According to the Coastal Commission Staff report on the DEIS, there are three capable or potentially capable' geologic faults-near'the Humboldt Bay Power-Plant. Unit No'. 3i

1) Little Salmon Fault; 2) Bay Entrance Fault; and 3) .The I

Buhne Point Fault. The surface trace of each fault passes within 2 miles of the plant with the Buhne Point subsur-3 face trace coming within 600 feet of the plant foundation.

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III. Petitioners Contentions:

l The petitioners have further concerns about.the

, adequacy of the DEIS and the proposal to SAFSTORothe.fac-ility:

1. There is little discussion or analysis'of the

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impact on the local' environment and biota of the proposed

, activities:

2. There is inadequate discussion and analysis of the storage of spent fuel rods in-a spent fuel pool which is already plagued by. leakage; i

3. There is inadequate treatment of the seismic

- hazards to the site;

! 4. There is no discussion of evacuation plans l

to be implemented in the event of a worst case type of 1

accident;

5. Viable alternatives such as shipping spent fuel to locations other than Diablo Canyon were not dis-cussed;  ;

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6. The DEIS fails to address at all the option.

of~SAFSTOR of the fuel only until such time-as a-federal repository is open with immediate dismantlement following thereafter;

7. The DEIS fails to address the maximum credible flood at the site and its. impact on the local environment and biota. Instead, the DEIS only appears to address it-self to the average yearly rainfall and average water lev-els at the plant;.

8. The DEIS fails to address the impact of a tsunami and since Eureka had a tsunami alert less than two months ago, it seems that it is something that should be addressed in the DEIS.

9. The DEIS fails to address the impact on the-stored' fuel rods in the spent fuel pool if.the pool were emptied of water by a. major earthquake while at the same time the fuel was damaged by falling debris.

Since most federal agencies have public hearings as a routine matter when important action such as this is being contemplated, we feel a public hearing is in order.

IV. Petitioners should Be Granted Leave To Intervene Despite Technical Lateness Of The Petition:

Petitioners are aware that this Petition is tech-nically untimely in that the Commission's Notice of Proposed Ir,suance of Amendment to Facility Operating License required

'1 any Petitions to Intervene to be filed by August 4, 1986

' (see 51 Fed.. Reg. 24458). Petitioners respectfully sub-mit, however, that.the instant Petition should neverthe-less be granted for the following reasons:

(a) The Delay Is Excusable: The instant Peti -

tion is being submitted several weeks beyond the Commis-sion's August 4, 1986 deadline. Petitioners did not' file their Petition. solely because at the time that Petition was due, petitioner Gaye M. Barr had not yet received authorization from the League of Women Voters to do so.

Such authorization has now been obtained and the League of Women Voters of Humboldt County fully supports this Peti-tion; (b) The Delay Is Not Prejudicial: The filing of the instant Petition can in no way. prejudice the Appli-cant because petitioners seek merely_to join the proceed-ings that are presently under way. Therefore, no delay will be caused in the present case if the Board grants this Petition for Intervention.

WHEREFORE, pet'itioners respectfully request:

(a)- That the Commission issue its order granting them leave to intervene in the within proceeding respecting each of the matters set forth above; (b) That the Commission hold a hearing in the Eureka area to allow the intervenors to participate in the license modification process;

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(c) That the Commission award. participation fees, e costs and expenses to petitioners;,and ll x

(d)

That the Commission grant such further. relief l to petitioners ac may appear appropriate in these proceedings.

I Dated: f h 'f GAYE M. BARR 1

In Propria Persona and as the Non-Attorney Representative of the League of Women Voters of Humboldt

! County l

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t PROOF OF SERVICE l t

I I am a resident of the County of Humboldt; I am over the age of eighteen years; my home address.is 1217 Searles-Street, Eureka, California 95501.

On 4./C / 9. / 9 9 b , I-served the within PETITION TO INTERVENE on the interested parties in said action (X) By placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Eureka, California, addressed as listed below.

( ) By personally delivering a true copy thereof to the persons listed below.

I declare under penalty of perjury that the fore-going is true and correct.

Executed at Eureka, California on [l ! [9 /h .

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n I6 d/VX QlY GAYE(fl. BARR SEE ATTACliftENT

a ATTACHMENT First Class Mail United States Nuclear Regulatory Commission Public Document Room 1717 "H" Street NW Washington, D.C. 20555 Executive

• Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555  !

Richard F. Locke Phillip A. Crane, Jr.

Pacific Gas and Electric Company Post Office Box 7442 San Francisco, California 94120 Mr. Bruce Norton C/O Phillip A. Crane, Jr.

Pacific Gas and Electric Company Post Office Box 7442 San Francisco, California 94120 Mitzi Young, Esq.

Office of the Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Secretary United States Nuclear Regulatory-Commission Washington, D.C. 20555 Attn: Docketing and Service Section Robert M. Lazo, Esq.,

Chairman Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D.C. 20555

+s ATTACHMENT _ (con' t)

~ Dr . James 11. Carpenter, Member Atomic Safety and Licensing Board Panel United States Nuclear. Regulatory Commission Washington, D.C. 20555 Dr. Peter A. Morris, Member Atomic Safety and Licensing Board Panel

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- United States Nuclear Regulatory Commission Washington, D.C. 20555 Scott L. Fielder, Esq.

517 Third Street, Suite 14 Eureka, California 95501

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