ML20216J864

Declaration of Ef Lowry.* Tm Novak Board Notification 87-05 Re Draft BNL Rept Beyond Design-Basis Accidents in Spent Fuel Pools (Generic Issue 82) Received in Late Mar or Early Apr 1987.Proof of Svc Encl

ML20216J864
Person / Time
Site:	Diablo Canyon
Issue date:	06/29/1987
From:	Lowry E GRUENEICH, D.M. (FORMERLY GRUENEICH & LOWRY), Sierra Club
To:
Shared Package
ML20216J796	List: ML20216J791 ML20216J819 ML20216J837 ML20216J847 ML20216J864
References
REF-GTECI-082, REF-GTECI-NI, TASK-082, TASK-82, TASK-OR OLA, NUDOCS 8707070060
Download: ML20216J864 (5)

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l UNITED STATES OF AMERICA J

NUCLEAR REGULATORY COMMISSION f i

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

) '

In the Matter of: ) Docket Nos. 50-275 and 50-323

) (Spent Fuel Reracking)

PACIFIC GAS & ELECTRIC COMPANY )

) j (Diablo Canyon Nuclear Power )

Plant, Units 1 and 2) )

) ,

I DECLARATION OF EDWIN F. LOWRY

1. I, Edwin F. Lowry, declare:

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2. I am the attorney for the Sierra Club in the Diablo Canyon Reracking Proceedings, No. 50-275-OLA and 50-5E3-LA. I am competent to testify, and if called to do would testify as '

follows:

3. At the end of March, or early April, 1987, I received a copy of a notification in the form of a memorandum from Thomas M.

Novak, Acting Director, Division of PWR Licensing-A to the Commission concerning the subject "BNL Draft Report On Spent Fuel Pool Accidents (BN87-05)," That notification concerned a Draft l Brookhaven Report titled "Beyond Design Basis Accidents In Spent Fuel Pools (Generic Issue 82)" by V. L. Sailor, et al. That notification was unaccompanied by any copy of the draft report.

4. I had not previously ben aware of the report or its contents.

5. The notification, which is part of the record as Sierra Club Exhibit 1, stated c

' hat the draft report does not pertain 1

8707070060 870629 PDR ADDCK 05000275 G PDR I

I directly to currently ongoing licensing efforts for spent fuel pool expansion amendment requests by utilities, including hearings. It stated that the draft report was being provided to the commissioners because it might involve substantial public, congressional, or press interest.

6. The notification also stated "We also are providing the report by copy of this Board Notification to the Boards and Service lists for the Diablo Canyon Plant and Vermont Yankee Stations." As stated above, I did not receive a copy of the draft report with the notice.

7. Because the notice stated that the draft report did not directly deal with any currently ongoing licensing amendments, I did not feel it necessary separately to request a copy of the draft report. Had a copy of the draft report been included with the notification, I am certain that I would have attempted immediately to raise the conclusions in the report as a contention in the Diablo spent fuel reracking hearings.

8. It was only after I received a copy of the report itself from Dr. Richard Ferguson on or about June 10, 1987, that the direct nature of the draft report and the Diablo Canyon proceedings became evident to me. The draft report recommends that recently discharged fuel not be loaded into high density spent fuel racks in order to avoid the possibility of a zircalloy cladding fire which could occur spontaneously if a high density spent fuel pool were to lose its cooling water. Because the Diablo Canyon reracking involves both high density reracking and 2

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l zircalloy clad fuel elements, the recommendation are draft report is directly related to the current proceedings.

9. Upon reading the recommendations in the draft report, I expeditiously contacted Judge Cotter and counsel for NRC Staff

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and PG&E to request that the draft report be considered in the current reracking hearings. Judge Cotter suggested that the matter be taken up on tha first day of hearings.

10. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed in San  !

Francisco, California on June 29, 1987.

rf Edwin F. Lowry I

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118 YEAR NO. 271 100 PAGES Semag the Entire County ofSan Luis Ob;spo Daily 254

• SAT $UN, JUNE 20-21,1987 k

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Controversial report looms over Diablo .

By Mark Brown PG&E officials agreed that NftC and Teresa Browo . g 9 rules require such emergency space a ~ a- 9 Diablo s Doubting Thomas medto,ma.mspa_

A surprise report utility officials By Mark Brown permanent solution to the waste with spent fuel, "we'd complain any is no surprise may become the storage problem. It doesn't make bitterly," Ferguson said. "Then key factor in whether one reactor at Telegram Tribune sense to keep generating this stuff they wouldn't have any place for Diablo Canyon nuclear power plant Rich Ferguson emphasizes that when you have to store it on an emergencies." l could be shut dow6 next spring. . PG&E, meanwhUe, snaintains the  !

The report, known as the " Brook-It's not Pacific Gas and Electric earthquake fault."

.p g.s fault that they're storing nu- But the reality is that the waste Brookhaven report has nothing to do a Repod,, deals wHh the W clear waste at Diablo Canyon nucle- will stay here a long time. with Diablo Canyon, and that ita 6thty of a nuclear fire and may be ar power plant. "What we're trying to do is say contents have been no secret.

the most dramatic element to come But Ferguson's adamant that if 'A!! right, if we don't have anythirag 9 gd my copy b Wd," saW eut of four days ef Nuclear Regula' PG&E is so ng to store waste at to do (with the waste) and the PG&E sttorney llruce Norton "The tory Commission hearings in Avila DWo Ce tMy've got a re- plant's not going to go away and Public documents room (at Cal we've got to keep it here, we're Poly) has a copy. I find it very .

The ' hearings were held to deter. sponsibthty to do it right. '

That's what caused a week of going to insist this be done as safely strange indeed that some of the mine whether Pacific Gas and Elec-bea bl

• a people on the mailing list flike tric Co.'s plans to store more suele- more heabche or LE an P o believes that if he win rgusont say they didn't gd R."

ar waste at Diablo Canyon nuclear (The Telegram Tribune, also power p nt are safe. PG&E said the Nuclear Regulatory Commis. the decision concerning storags o e malung list, did not receive nuclear waste at Diablo, Jt couj they are; epponenta armed with alo,,n- 3deally, of course, we'd like to force the plant to be temporaril py of the report, either.)

gove ament reports said they see the federal government honor shut down while PG&E comes u The report was studied by PC

&E warits to pack the nuclear '" b* a nuclear w s du p son sam, e bel eyes he" has credibuity wt ne led o sblo nyon, or waste c oser together in its two

,'That's the first thing to remem- the hearmg officials, though PG ton said. It was studied again after storage pools.,so it can accomme- ber; this whole discussion should attorneys have called him the one "all this flap" brought up by oppo-date years worth of waste, in- nents, Norton said, and was std!

never be happemng. We want to get de edi elevan pponents I & a plan said the feds off the dime and get a Please see Ferguson, Back Page they didn't get the Brookhaven re- from Brookhaven National Labora-Port untillast week, tory which the Sierra Club wanted BW PG&E officials said they ven report, Ferguson said, the new in each of the two Diablo Canyon admitted as evidence in last week's should have gotten a copy of the round of hearings it brmgs may storage pools. Each pool will al- hearmg.

report in Marrh along with the rest mean Diablo Canyon could run out ready have 68 slots full of nuclear The first Brookhaven report was of the people on the NRC malling of fuel storage space before it gets waste after the refuehng of UnH 2 at admitted. It dealt with the racks j hat, an OK to put m more storage. Diablo Canyon is completed this crashmg together in a quake. PG&E i Richard Ferguson, local Sierra "They don't have five years of year. said that's not a problem: Ferguson '

Club president and a Cal Poly phys. storage out there," Ferguson said. The rest of the room, Ferguson said that NRC regulations were e

les instructon was virtuaDy a one- "They've only got enough until next said, is required to be left open in clearly written to prevent such man band in bringing about the March." That's when Unit I will case PG&E needs to remove au of crashing.

hearings. require its second refuehng. the fuel from both reactors during if the judge admits the Brookha- There are room for 270 fuel rods an unforeseen emergency. Please see Diablo, Back Page EXHIBIT.J. ,

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m ! ,; l PROOF OF SERVICE I, Deborah M. Hunt, declare that on June 29, 1987gIf(egspbeg7 copies of the attached Motion to Include Issues Rais6d id Gener#ic Issue 82 as Contentions in This Proceeding and to Direct Prepara-tion of an Environmental Impact Statement in the United States mail I with postage thereon fully prepaid and addressed t60Lthe j parties l listed below:

Dr. Jerry Harbour Mr. Leland M. Gustafson, Administrative Judge Federal Relations Manager Atomic Safety & Licensing Board Pacific Gas & Electric Co.

U.S. Nuclear Regulatory Comm. 1726 "M" Street, NW, Suite 1100 Washington, D.C. 20555 Washington, D.C. 20036-4502 Glenn O. Bright Philip A. Crane, Jr., Esq.

Administrative Judge Pacific Gas & Electric Co.

Atomic Safety & Licensing Board P.O. Box 7442 U.S. Nuclear Regulatory Comm. San Francisco, CA 94120 Washington, D.C. 20555 Mr. Gordon A. Silver Benjamin Vogler, Esq. Ms. Sandra A. Silver Lawrence J. Chandler, Esq. 660 Granite Creek Road Office of the Exec. Legal Dir. Santa Cruz, CA 95065 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Ms. Laurie McDermott, Coordinator Atomic Safety & Licensing C.O.D.E.S.

Board Panel 731 Pacific Street, Suite 42 U.S. Nuclear Regulatory Comm. San Luis Obispo, CA 93401 l Washington, D.C. 20555 '

Mrs. Jacquelyn Wheeler B. Paul Cotter, Jr., Chairman 2455 Leona Street Administrative Judge San Luis Obispo, CA 93400 Atomic Safety & Licensing Board I U.S. Nuclear Regulatory Comm. Dr. R.B. Ferguson Washington, D.C. 20555 Sierra Club / Santa Lucia Chapter Rocky Canyon Star Route Atomic Safety & Licensing Creston, CA 93432 l Appeal Panel j U.S. Nuclear Regulatory Comm. Ms. Nancy Culver Washington, D.C. 20555 192 Luneta Street San Luis Obispo, CA 93401 Bruce Norton, Esq.

Pacific Gas & Electric Company P.O. Box 7442 San Francisco, CA 94120 I am, and was at the time of the service of the attached paper, over the age of 18 and not a party to the proceeding.

I declare under penalty of perjury that the foregoing is true and correct. ^

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• N eborah M. Hun't l

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