ML20216K133
| ML20216K133 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 09/12/1997 |
| From: | Belille J AFFILIATION NOT ASSIGNED |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20216K138 | List: |
| References | |
| CON-#397-18494 ISFSI, NUDOCS 9709190027 | |
| Download: ML20216K133 (26) | |
Text
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UNITED STATES OF AMERICA BEFORE THE' NUCLEAR REGULATORY COMMISSION OFFICE OF SEC%TARY RULLMNONGS AND ADJUDICATIONS STAFF Private Fuel Storage, a Limited Liability Company; Docket No. 72-22
,f5 F SI (Independent Spent Fuel Storage Installation).
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9709190027 970912 PDR-ADOCK 07200022 C-PDR
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v DOCKETED; UNITED STATES OF AMERICA
. d - SEP 12 - 1997 '
BEFORE THE
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Ruu:mKwosmo NUOLEAR REGULATORY COMMISSION ADNDCU10N88WF g
hr, Private Fuel Storage, a
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-Limited Liability Company; Docket No. 72-22 8
l (Independent Spent Fuel Storage' Installation).
OHNGO GAUDADEH DEVIA'S REQUEST FOR HEARING AND PETITION TO INTERVENE Petitioner, Ohngo Gaudadeh Devia ("OGD") by and through its counsel,-Jean Belille, of the-Land and Water Fund of the Rockies, 2260 Baseline Road, Suite 200, Boulder CO 80302, in accordance with 10 C.F.R. 52.714-(1996) of the Nuclear Regulatory Commissions
("NRC")
regulations hereby - submits the following Request for Hearing - (" request") and Petition to Intervene
(" petition").
In support of it's request and petition, OGD states as follows:
I.
INTRODUCTION This request and petition is filed regarding the application of Private Fuel Storage ("PFS") a limited liability company which has applied for a. materials license to possess spent-fuel and other radioactive materials associated with spent nuclear fuel in an
~ Independent Spent Fuel Storage Installation ("ISFSI") in and upon-the: Skull Valley Goshute Indian Reservation in Skull Valley Utah.
h 62 Fed. Reg. 41,099 (auly 31, 1997).
I
This petition is supported by the attached Affidavits hereby incorporated by reference and made a part hereof. Af fidavits of the Chairwoman of the organization, OGD, Margene Bullcreek, Garth J.
Bear, Vice Chair of OGD, Lester Wash, member of OGD, and Abby Bullcreek, member of OGD are attached. All of the above are members of the citizen's group and all live within five (5) miles of the proposed PFS site.
The majority of members of OGD are members of the Skull Valley Band of Goshute, and the majority of members of OGD reside within the Skull Valley Goshute Indian Reservation in Skull Valley Utah, and all are very active in the community and have many significant interests in the Reservation.
II.
REQUEST FOR HEARING AND PETITION TO INTERVENE The Notice of Docketing affords the opportunity to request a hearing and petition to intervene.
10 C.F.R.
S2.105; Notice of Docketing, 62 FR 41,099 (July 31, 1997).
Pursuant to the Notice and regulations, Petitioner OGD hereby requests a hearing and leave to intervene in this proceeding.
III.
FACTUAL BACKGROUND A.
Ohngo Gaudadeh Devia Ohngo Gaudadeh Devia is an unincorporated organization. The address for OGD is P.O. Box 155, Tooele, Utah 84074. As asserted in the attached affidavits incorporated hereby by reference and made a part hereof, OGD is an organization dedicated to preserving
d and continuing the cultural heritage of the skull Valley Band of 3
Goshutes.
The organization has committed itself to protecting the 1
way of life of its members through the members' culture, through the me:abers' physical surroundings and environment and through the members' -traditions. The organization was formed specifically-to oppose the building of this high level nuclear. storage facility on j
the Goshute Reservation.
Most of the members of OGD are members of j
the Skull Valley Band of Goshute.
Most of the members of the
' organization live in very close approximation to the proposed ISFSI i
site.
The members of the organization assert that their health and l
safety may be directly af fected by the NRC's decision in this proceeding.
Each of the members of the organization assert that 4
]
their spiritual, cultural and traditional ways will be directly 1
af fected by the NRC's decision in this proceeding.
Each of the members of the organization assert that their economic interests will be adversely effected by the NRC's decision in this proceeding.
Each of the members who will suffer the most by the NRC's decision to grant this license have asserted that they have authorized OGD to represent their interests in this proceeding.
4 B.
Skull Valley Reservation The Skull Valley Reservation (" reservation") is located sixty-five (65) miles to the southwest of Salt Lake City.
The reservation is bounded on the west by the Cedar Mountains and on the east by the Stansbury and Anaqui Mountains.
The reservation is in one-solid unit encompassing cighteen thousand, seven hundred (18,700) acres of land at an elevation of four thousand five 3
hundred (4500) feet. Vegetation native to the reservation consists of budsage, shadseale, and greasewood shrubs. Traditionally the Goshute have gathered choke cherry and elderberry which are also found within the reservation.
See the attached affidavits of Margene Bullcreek, and Abby Bullcreek.
The grass species are mainly Indian rice, needle and thread, western wheat, Sandburg bluegrass, and cheat grass.
Animal life ' consists of badger,
- bobcat, ringtail cat,
- coyote, fox, mountain
- lion, porcupine, 1
va;cious species of rodents, with occasional blacktail jack rabbits, cotton tail rabbits, golden ea'gles, bald eagles and mule deer. The F
members of OGD enjoy veiwing these animals on and around their homes.
Topography - of the area is moderately undulating.
The 2
climate is semi-arid with an annual precipitation of six to seven inches.
Temperatures vary from a high in the summer of 110*F. to a low in the winter of -15'F.
j The reservation has approximately twenty (20) tribal members l
as well as other Native Americans living within the borders of the reservation.
One hundred twenty (120) people make up the entire band of Goshute, with seventy (70) of those members being voting members.of the Tribe.
The reservation is made up of eighteen thousand six hundred (18,600) acres of trust land and one hundred (100) acres of allotted land.
There is no fee simple land on the reservation.
The nearest permanent residential dwelling of an OGD member is less than four thousand (4000) feet away from the proposed ISFSI site. See attached affidavit of Garth Bear. The majority of homes 4
are within three (3) miles from the site.
There is a local tribal store called the Pony Express Station located within the three (3) mile radius of the proposed site.
Members of OGD shop at this store.
There is within a five (5) mile radius the Tekoi Rocket Engine Test Facility operated by Al liant Techoystems.
Alliant Techsystems employs close to fifteen (15) people.
They often have visitors and often up to 30 people may be present at the plant at any given time.
There is also a community building called the Goshute cultural center within the five (5) mile radius which is used for purposes such as community
- meetings, funerals, birthdays and a variety of other reasons.
Members of OGD use this building often.
C.
PFS License Application for ISFSI On June 25, 1997, PFS submitted their license application for an ISFSI on the Goshute Reservation.
The site of thc proposed facility is approximately 840 acres and the storage area itself will be built on ninety-nine (99) acres within the 840 acres. See, License Aco13 cation.
L.A.
Chapter 12, p.
12.1.
The proposed facility is expected to store spent fuel and other ra6ioactive materials associated with spent fuel storage in a dry storage caok system.
The facility (" site") will store nuclear fuel that has been discharged f rom U. S.
commercial nuclear generating planta.
Spent fuel will be transported to the site by rail.
One of two alternatives will be selected for transport between the railroad main line and the site.
The shipping cask will either be off-loaded at an intermodal transfer point at the railroad main line 5
4 ar..! loaded onto a heavy haul tractor / trailer for transporting to the site, or the shipping cash will be transported via a new railroad spur connecting the site directly to the railroad main line.
Both of these options would occur off of the reservation within the State of Utah.
'3 Multi-purpose canisters will be utilized for both the shipping casks and storage casks.
The canisters will be storeti at the site in a vertical configuration inside concrete storage casks, which will be stored on concrete pads on the site.
The proposed site is located on the Skull Valley Indian Reservation which is within Tooele County, Utah, 27 miles west-southwest of Tooele.
The. site is located 1.5 miles west of Skull Valley Road also designated Federal Aid Secondary ("FAS") Road 108.
The exact location of the site is located in Sections 5,6,7 and 8.
O Township 5 South, Range 8 West, Salt Lake Base and Meridian described as follows:
All of Section 6,
the north 700 feet of Section 7 from the west to the east.
Section 7 boundary, the west O
700 feet of Section 5 from the north to the south Section 5 boundary, and the north 700 feet of section 8 f rom the west Section 8 boundary to a point 700 feet east.
Containing 820 acrec more or less.
This description is important because the reservation does not have street signs to designate where the location is in relationship to other areas within the reservation. The majority of
'3 the population of the Skull Valley Reservation is located directly east of the above described site all within a 5 mile radius.
O c
O
D IV.
PETITIONERS HAVE STANDING TO INTERVENE A.
Legal Requirements i
O Under the Atomic Energy Act and the rules and regulations of the Nuclear Regulatory Commission, "any person whose interest may be affected by a proceeding and who desires to participate" may file a petition to intervene.
10 C.F.R. S2.714 (a) (1).
A party's standing to intervene under the Atomic Energy Act, Section 189 (a) is based upon a showing where petitioner must first allege an injury in fact from the licensing action being challenged that is
" concrete and particularized and actual or
- imminent, not conjectural or hypothetical".
Luian v. Defenders of Wildlifs., 504 U.S.
555, 560 (1992).
In a NRC proceeding, the injury must fall within the zone of interest protected by the Atomic Energy Act
("AEA") or the National Environmental Policy Act ("NEPA").
Vermont Yankee Nuclear Power Station, LBP-90-6, 31 NRC 85, 89 (1990).
citina Portland General Electric Co.,
CLI-76-27, 4 NRC 610, 613-14 (1976). Secondly, the injury must be fairly traceable to the challenged action.
Metropolitan Edison Co.
(Three Mile Island Nuclear Station, Unit 1) CLI-85-2, 21 NRC 282, 316 (1985). Such a determination depends not on whether the cause of injury flows directly frcm the challenged action, but whether the chain of causation is plausible.
Seauovah Fuels Corn. and General Atomic (Gore, Oklahoma Site), CLI-94-12, 40 NRC 64, 75 (1994).
Third, it i
must be likely, rather then speculative, that a favorable decision l
will redress the injury.
Luj.aD, 504 at 561; Secuovah, 40 NRC at 71-72.
7 lO
G 1.
Injury-in-fact The proposed ISFSI threatens an injury to petitioner and its 4
members that is " distinct and palpable".
Kelly v.
Selin, 42 F.3d 1501, 1508 (6th Cir.), cert. denied, 115 S. Ct. 2611 (1995), quoting Warth v.
Seldin, 422 U.S.
490, 501 (1975). The injury is also e
directly
" traceable" to the proposed license application and can be redressed by a decision denying the application, ld.
If the proposed facility is licensed, there is a " distinct and palpable" 3
risk of an accidental radioactive release from the dry casks that would injure and compromise the health and safety of the members of OGD and also injure the integrity of the natural environment in J
which they live.
The approval of this license application by the NRC would be a directly " traceable" injury suf fered or likely to be suffered by petitioner OGD.
3 An accidental release could contaminate the air, ground and surface water, the land, and surrounding people,
- animals, and plants. "The Commission has long recognized that a petitioner's 3
claim that he or she resides within a certain geographic proximity to a facility is sufficient to establish the requisite injury in fact in proceedings involving construction permits, operating
'3 licenses or significant amendments to operating licenses for power reactors.
Florida Power & Licht Co. (St. Lucie Nuclear Power Plan, Units 1 and 2) CLI-89-21, 30 NRC 325, 329 (1989). Those cases 3
involve " clear potential for the offsite environment, or major alteration to the facility with a clear potential for offsite consequences "
Id.
For
- example, spent fuel pool expansion 3
8 3
D proceedings have been found significant enough to warrant standing based on geographic proximity to the f acility.
See, e.g., Viroiniq Elec. and Power Co. (North Anna Nuclear Power Station, Units 1 and 2), ALAB-522, 9 NRC 54 (1979).
In that the majority of the members of ODG are within a
three (3) mile radius (see attached affidavits)from the proposed ISFSI and the ISFSI is a spent fuel storage site, it appears that the petitioners have demonstrated injury in fact based on location.
Eg2, Kellev v.
Selin 42 F.
3d 1501, 1509-10 (6th Cir. 1995) its auoted in Northern States Powel Ccmoany (Independent Spent Fuel Storage Installation), NRC Staf f 's response, Docket 72-18-ISFSI, (where petitioners sought injunction and other relief against loading or storage of waste in VCS-25 casks, the close proximity of petitioners to the proposed site for spent f uel storage and the plant was suf ficient to establish injury for standing.)
An accidental release would cause significant adverse economic consequences, including diminished property values, economic stigma to the area, loss of traditional plants and cultura2 opportunities for the members of OGD.
Eng, Northern States Power _ Comoany (Independent Spent Fuel Storage Installation),
NRC Staff's response Docket 72-18-ISFSI.
4 OGD members'
- health, safety, economic stability and traditional ways would be effected. See affidavits of Garth Bear, Marjean Bullcreek, and Abby Bullcreek. Traditional sites and plant 9
gathering would be threatened and the way of life of the Goshute band would be forever changed.
G 9
4
3 i
- 2. Plausible Chain of causation Where a licensee was seeking permission to expand the capacity J
of its facility's spent fuel pool it has been held that "a
l petitioner's close proximity to the f acility is enough to establish the requisite interest for intervention." Virainia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 3 ALAB-522, 9 NRC 54 (1979).
There are several scenarios that could plausibly cause the injuries enumerated in subsection one (1) above, including fire, cask explosion scenario, terroristic sabotage, airplane crash into the casks, or a loading or unloading accident.
3 Construction is scheduled to start on January 1, 2000 at the proposed f acility with a completion date of December 31, 2001. Egg, License AonlicatioD, L.A.
Chapter 1,
p.1.8, It becomes very plausible that operations in the facility will began at about the same time that the Winter Olympics scheduled for the year 2002 are being held in Salt Lake City, Utah. Salt Lake City is only sixty-five (65) miles Northeast of the proposed site.
It becomes very plausible that this is a " specific situation which has historically attracted terrorist activity and threats. "
Eta, Georcia Institute e
of Technoloav, LBP-95-6, 41 NRC 281 (1995).
This area may well' prove a " tempting target for terrorists."
,Ld.,
at 289.
OGD's concern in this situation is that the facility is so far away from 9
emergency services that should a situation arise such as this the response time for rescue and emergency teams to arrive would put tribal members or citizens in grave danger of being exposed to G
10 0
D l
large amounts of radioactivity, Michael Army Air Field is located on the Dugway Proving Ground less then sixteen (16) miles southwest of the propoacd site.
This military ali leid has a 13,125 foot runway, and can accommodate all operational aircraf t in the Department of Defense inventory. Saf ety Analysis Report, SAR Chapter 2, p.
2.23.
Military Airway IR-420 passes directly over the proposed site.
The probability of an airplane crashing unto the site may be small, but the concern of
.O OGD is again related to the response time of emergency personnel.
According to the Emergency Plan submitted with the license i
application, an event such as a fire involving a loaded storage, transfer, or shipping cask that lasts longer than 15 minutes "could effeet the transfer cask neutron shield materials which could be affected by high temperatures involved in a fire and significant L
fires could potentially damage the neutron sh1 eld, resulting in higher dose rates in the vicinity of the canister".
Emeroency Plan, EP Chapter 2, p.16.
This coupled with the fact that the Emergency Plan requires only two fire trucks to be on site, with l
one manned by a totally volunteer crew would in itself seem to be a very serious problem.
If there were an airplane crash into the 0
casks it would likely take much longer then 15 minutes to extinguish the rire.
l l
"Tooele County Fire department will be called to assist in lO extinguishing fires beyond the capabilities of the 'onsite fire brigade." Emeraency Plan, EP Chapter 3 p.
3.5.
This also is troublesome to OGD as they are very aware of the time that it takes 4
- O
,i '
11 P
O to get from Tooele, to the proposed site.
"Because of the intervening Stansbury Mountains it is a drive of approximatelf 55 Q,
miles f rom Tooele to the site, with the north route completely around the mountain
- range, and the south route through the mountains by means of Johnson Pass."
See, Emergency Plan, EP.
Chapter 1 p.
1-4.
The members of OGD would be put in grave danger of extremely high radiation exposure should this scenario happen.
Another imminent danger looms around the possibility that there may be a load drop accident.
Ere, Northern Stateo Power Comoany (Independent Spent Fuel Storage Installation),
LPB-96-22, 4 4 NRC 13 8 (1996), p. 158, where it was said that "for a variety of reasons including mechanical failure and human error, nuclear facility load drop accidents do happen that result in damage, sometimes substantial, to facility equipment."
The Judge went on to hold in that case that "while again asserting it is based on a very low probability event, there could be some off-site consequences to such an occurrence, albeit in a range well below 0,
the public exposure limits established in 10 C.F.R.
Part 100."
In any of these incidents the members of OGD or other citizens downwind could suffer immediate severe radioactivity related illness or death from high-level radiation exposure.
Other scenarios involving high or low level exposure could result in increased cancer and leukemia rates or cellular and genetic defects many years into the future. An accidental release would also cause significant adverse economic consequences, including diminished property values and a
loss of
- cultural, and traditional 12 0
D opportunities for the members of OGD.
This accidental release could occur by means of a
~J transportation accident, or a design or manufacturing flaw in the cask used.
A criticality accicent could cause a radiological explosion.
An accident could also occur by sabotage or terrorism, or by a cask drop during transfer, or by other means.
It seems very clear that injury to the petitioner would be f airly traceable to the granting of the license by the NRC and that U
in the above mentioned scenarios the chain of causation is very plausible.
In f act, in Vircinia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 3 ALAB-522, 9 NRC 54
,J (1979), the NRC held that "neither the Licensing Board nor we are in a position at this threshold stage to rule out as a matter of certainty the existence of a reasonable possibility that expansion of the spent fuel pool capacity might have an adverse impact upon persons living nearby."
Petitioner is concerned that PFS's license application for the J_
ISFSI lacks sufficient measures to protect them from such an accidental release, thus posing an undue risk to their health and safety.
Petitioner's Concerns may be redressed by denial of the J
license application on the ground that it fails to provide sufficient measures to protect health and safety.
OGD asserts that the likelihood of these scenario happening u
are enough to show a plausible chain of causation between the injury in fact and granting of this license application.
3.
Petitioner's Interests Fall within the Zone Protected a
13 g
O by the Atomic Energy Act and National Environmental Policy Act.
Petitioner's concerns regarding the health and safety risks posed by the proposed ISFSI fall within the " zone of interest" protected by the Atomic Energy Act, whose purposes include the protection of the public from undue hazards posed by the nuclear industry.
Vermont Yankee, suora, LPB-90-6, 31 NRC at 89; 42 U.S.C.
552133 (d),
2210(b).
The National Environmental Policy Act's
("NEPA") " zone of interest also encompasses petitioner's interest in protecting the quality of the environment and conserving a sound economic base for the community through protection of property values and through maintenance of the environment in a condition that is conducive to agriculture, fishing, recreation, and preserves its unique historic character.
Ke11v v.
selin, 42 F3d at 1509, citina Luian v. Defenders of Wildlife, U.S.
112 - S. Ct.
- 2130, 2149 (1992)
(holding that injury to economic interests through loss of property values confers standing under NEPA).
As is evidenced by the attached affidavits, OGD was formed specifically for the purposes of maintaining preserving and continuing the cultural heritage of the Skull Valley Band of Goshutes.
The organization has committed itself to protect the way of life of it's members through preservation of their culture, through the preservation of the members physical surroundings and environment and through the Tribal traditions of its member, by directly opposing the building of this high level nuclear storage 14 O
)
facility on the Goshute Reservation.
The majority of the members of OGD are members of the Skull Valley Band of Goshute.
Most of l
the members of the organization live in very close approximation to the proposed ISFSI site.
Each of the members of the organization are very concerned that their health and safety may be directly D
af f ected by the NRC's decision in this proceeding.
Each of the members of the organization maintain that their spiritual, cultural and traditional ways may be lost by the NRC's decision in this proceeding.
Each of the members of the organization assert that their economic interests will be adversely af fected by the NRC's I
decision in this proceeding.
And finally each of the members of OGD have authorized OGD to represent their interests in the proceedings.
(See attached af fidavits).
These interest seem to fall directly into the " zone of interests" that both the AEA and NEPA purport to protect.
This area of Utah has a unique historic character especially for the Goshute as this is a portion of the historic homelands of this Tribe and of these tribal members.
D Members of OGD still collect plants and traditional medicines f rom the area around the reservation.
They desire to protect a way of life that has become familiar and also to protect the environment of the area ao that they and their children can continue to live without fear and worry that they may have to leave the land if it becomes polluted with nuclear waste.
The members of OGD live, play and practice traditional ways upon this land and only desire to keep it as safe as possible for themselves and their children.
These are the concepts and the " zone of interest" that both the AEA 15 4
')
and NEPA are meant to protect.
3 V.
OGD HAS GROUP STANDING TO INTERVENE ON BEHALF OF ITS MEMBERS.
In order for an organization to establish standing, it must either demonstrate standing in its own right or claim standing through one or more individual members who have standing. Georgia Institute of Technoloqv (Georgia Tech Research Reactor), CLI-95-12, J
42 NRC 111, 115 (1995).
To establish standing from members, an organization must show that at least one of its members suffers "immediate or threatened injury as a result of the challenged J
action of the sort that would make out a justiciable case had the members themselves brought suit..."
Warth v.
- Seldin, 422 U.S.
490, 511 (1975).
An organization normally must identify at leact J
one member by name and address and must demonstrate that the named member has authorized the organization to represent that member in the proceeding.
Houston Lichtina qDd Power Co.
(Allens Creek
</
Nuclear Generating Station, Unit 1), ALAB-535, 9 NRC 377, 393-96 (1979).
An organization must normally submit affidavits of its members tv demonstrate that it has authorization to represent them.
O Sacramento Municinal Utility Dist. (Rancho Seco Nuclear Generating Station),
LPB-92-23, 36 NRC 120, 126 (1992), rev'd on other groun}n, CLI-93-3, 37 NRC 135 (1993).
9 The members of OGD who have attached affidavits reside and live within a very close distance to the proposed site and are very concerned about a healthy environment.
They have an economic 9
16 q
m/
D interest in the value of the land upon which they have chosen to live, and thei are interested in protecting their way of life, culturally, physically and traditionally.
OGD was formed specifically to oppose the building of this high level nuclear storage f acility on the Goshute Reservation.
Each of the members of OGD are members of the Skull Valley Band of Goshute or some other Native tribe.
Most cf the members of the organization lis e in very close approximation to the proposed ISFSI J_
site.
Each of the members of the organization assert that their health and safety may be directly af fected by the NRC's decision in this proceeding.
Each of the members of the organization assert that their spiritual, cultural and traditional ways will be directly affected by the NRC's decision in this proceeding.
Each of the members of the organization assert that their economic interests will be adversely affected by the NRC's decision in this proceeding.
And finally each of the members of OGD assert that they have authorized OGD to represent their interests in the proceedings.
(See attached affidavits).
The proposed ISFSI threatens these interests. OGD asserts that the only way that each of the above assertions can be redressed would be by denial of the license application by the NRC.
- Thus, OGD does have group standing and is entitled to intervene in this proceeding for the purpose of protecting its members' interests from the injuries-in-
,J fact threatened by the proposed ISFSI.
VI. STATEMENT OF " ASPECTS" ON WHICH PETITIONER WISHES TO INTERVENE O
17 4
)
Pursuant to 10 C.F.R.
52.714 (b)
(2),
the petitioner is required to state the " specific aspect or aspects of the subject I
matter of the proceeding" as to which it wishes to intervene.
The purpose of this requirement is not to iudge the admissibility of the issues, as the petitioner has the right to amends its petition to intervene with contentions later in the proceeding.
Consumers Power Co.
(Midlands Plant, Unita 1 and 2), LBP-78-27, 8 NRC 275 (1978).
Rather, the purpose of the requirement is to determine whether the petitioner specifies
" proper aspects" for the proceeding.
Id.
Tnus, the petitioner may satisfy the requirement "by identifying general potential effects of the licensing action or areas of concern that are within the scope of matters that may be considered in the proceeding. " Vermont Yankee, supra, LBP-90-6, 31 NRC at 89, citina Virainia Electric and Power Co.
(North Anna Power Station, Units 1 and 2), ALAB-146, 6 AEC 631, 633 (1973).
The aspects of the subject matter on which OGD seeks - to intervene are as follows:
- 1. The license application poses undue risk to public health and safety because it lacks sufficient provisions for prevention of and recovery from accidents during storage resulting from such causes as sabotage, fire, cask drop and bend, lid drop damage or improper welds.
2.
The license application, specifically the emergency plan submitted with the license application fails to addrecs the safety 18
O provisions made for those individuals living outside of the facility within a five mile radius of the facility.
The emergency plan addresses only those measures that pertain to employees and have not addressed the provisions that would apply to those people living around the f acility.
They have not even addressed a warning system such as would be implemented to put the residents on notice of an accident.
C 3.
The licence application poses undue risk to public health and safety because it lacks sufficient provisions for protection against transportation accidents, including a criticality accident.
For instance, the design of the shipping cask does not provide sufficient protection against a
criticality accident during transportation.
Nor does the license application provide sufficient measures for protection of shipping casks during the harsh summers and sub-zero temperatures of winter.
O 4.
The license application poses undue risk to public health and safety because it has not provided procedures for returning casks to the generating reactor.
The SAR indicates that the casks will be inspected for damnge prior to " accepting" the cask and before it enters the Restricted Area. SAR p.5.1-4.
If the casks are damaged or do not meet the criteria specified in LA APP. A, p.TS-19 there is no provision for housing the casks prior to shipping the cask back to the generating reactor.
O 19 4
D
- 5. The license application poses undue risk to public health and safety because it fails to provide information and a plan to deal O
with casks that may leak cr become contaminated during the 20 to 40 year storage period.
Sending such cashs back to the generating reactor may not be an option for several reasons, such as PFS does not have the facilities to repackage contaminated canisters, the casks may be too contaminated to transporr., or the nuclear power l
plant from which the fuel originated may hate been decommissioned.
P-l This is especially important since there is currently no assurance 1
that the storage will be only " interim".
Yucca Mountain in Nevada 1
is currently being evaluated to store all of the Nations spent fuel D
rods, but currently several technica.t problems have arisen that make the site questionable.
In a statement by Governor Mike Leavitt of Utah made on April 14, 1997 on KBYU, Governor Leavitt acknowledged the fact that once these materials are brought into the State there is a strong possibility that the material will never be moved again.
6.
The license application noses undue risk to public health and safety because it fails to make clear provisions for funding of estimated construction costs, operating costs, and decommissioning costs.
10 C.F.R.
SS72.22 (e), 72.30(b).
The application does not demonstrate that PFS "either possesses the necessary funds, or..
haa reasonable assurance of obtaining the necessary funds" as required by 10 C.F.R.
S72.22 (e).
20 0
o 7.
The license application poses undue risk to public health and safety because it fails to provide for adequate radiation monitoring to protect the health of the public and workers.
It also fails to provide for adequate radiation monitoring necessary to facilitate radiation detection, event classification, emergency planning and notification.
8.
The license application poses undue risk to public health and safety because it f ails to provide adequate protection of the ISFSI against intruders.
The site is in such a remote area that it would take at least two (2) hours for access to the sight to be made by emergency personnel.
The license application provides only that facility be protected by a fenced perimeter. One layer of fencing will be chain link security fence. One layer of the fencing will be bounded by typical range fence.
- Egg, License Acolication, _
LA Chapter 12 p.
12.1.
There will be a intrusion detection system.
But since the security plan is not public information, one can only speculate about whether this security system will be manned full time or by how many individuals.
O 9.
The license application poses undue risk to public health and safety because it calls for use of a cask whose design is unsafe and untested for long periods of time and which has not been certified for either transportation or long term storage.
- 10. The license application violates NRC regulations because the ER 21 0
l fails to address the status of compliance with all permits, licenses and approvals required for the
- facility, gen, 10
- C. F. R. S S 51. 71 (c ),
(d).
For example, the ER fails to address federal water discharge requirements and the certifteations and permits required for water und storm water discharges, erosion and sediment control for prt.>)ntion of pollution of vaters air quality requirements and the construction of a stationary source permit.
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- 11. The license. application poses undue risk to public health and safety because it does not address how the faci 2ity will deal with paying for or returning casks that may prove unsafe should the generating reactor have been decommissioned.
- 12. The license application poses undue risk to public health and safety because it provides that operators will not be trained for the specific job when hired and that operators will undergo on-the-job training, and classroom training leading to certification. The license application states that "of necessity, the first individuals certified may have to improvise in certain situations to complete the practical factors."
Egg, License Annlication, LA Chapter 7 p. 7.1 This is not a safe situation.
- 13. The license application poses undue risk to public health and safety because it makes no provision for transportation accidents that might occur.
Dugway Proving Grounds receives and _ ships conventional Army weapons approximately 95 titres a year, some of 22
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the shipments will travel the Skull Valley Road. The License 1
Application recognices that this presents
" potential f c,r an explosion" near the site. There are no provisions for dealing with this scenario should it occur.
I C
- 14. The license application poses undue risk to public health and safety because it fails to address the possibility of a leak occuring that might contaminate the present water system that members of the community rely on.
The application admits that several wells are going to have to be built to meet the demand that will be presented by the facility. Neither contingencies to deal with contamination nor lowering of the present water table are discussed.
D
- 15. The license application poses undue risk to public health and safety because if fails to address environmental justice issues.
In, Executive Order 12898, 3 C.F.R. 859 (1995) issued February 11,
-- 1994, President Clinton directed that - each Federal agency "shall make achieving environmental' justice part f
its mission by o
identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental ef fects of its programs, policies and activities on minority - populations and low-income populations in the United States."
It is not just and fair that this community be made to suffer even more environmental degradation at the hands of the NRC.
Presently, the area is surrounded by a ring of environmentally harmful companies and 23 3
O facilities.
Within a radius of thirty-five (35) miles the members of OGD and the Goshute reservation are inundated with hazardous waste from:
Dugway Proving Ground, Utah Test and Training Range South, Desert Chemical Depot, Tooele Army Depot, Envirocare Mixed Waste and Low Level Radioactive Waste Landfill, Clive Hazardous O
Waste storage f acility, Aptus Hazardous Waste Incinerator, Grassy Mountain Hazardous Waste Landfill and Utah Test and Training Range North.
,C l
VII. CONCLUSION b
Based upon the foregoing reason, Ohngo Gaudadeh Devia, respectfully requests that they be granted the following relief:
1.
Grant Ohngo Gaudadeh Devia's request for a hearing; and lD 2.
Grant Ohngo Gaudadeh Devia's Petition for Intervention and allow the organization to participate as a
party to this proceeding; and
,J 3.
Grant such other relief as is appropriate.
Dated: September 12, 1997 Respectfully submitted, J
h Js. Belille ~
.a.d and Water Fund of the Rockies O
. 60 Baseline Road, Suite 200 Boulder, Co 80302 (303)444-1188 Attorney for Ohngo Gaudadeh Devia e
24 3
D 2
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DOCKEtta D
SEP 1 y ggy 77 4 E
UNITED STATES OF AMERICA y
BEFORE THE StdyM D j NUCLEAR REGULATORY COMMISSION ys kT V
O Private Fuel Storage, a Limited Liability Company; Docr,et No. 72-22 (Independent Srsnt Fuel Storage Installation).
O CERTIFICATE OF SERVICE I hereby certify that copies of Request for a Hearing knd Petition for Leave to Intervene of Ohngo Gaudadeh Devia in the above captioned proceeding have been served on the following by cleposit l
in the United States mail, first class, this 12th day of September,
)
1997:
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Office of the General Counsel Jay Silberg P.C U.S. Nuclear Regulatory Commission Shaw, Pittman, Potts, &
Washington D.C.
20555 Trowbridge 1
2300 N. Street, N.W.
b washingtoa D.C.
20037-8007 Mark S.
Delligatti Spent Fuel Project Office Office of Secretary Office of Nuclear Material Safety U.S. Nuclear Reguletory and Safeguards Commission Mailstop 06G22 Washington D.C.
20555 3
Nuclear Regulatory Commission Attention: Docketing &
Washington D.C.
20555-0001 Service Branch Chairman, Leon Bear Nuclear Regulatory Comm.
Skull Valley Band of Goshutes Public Documents Room Skull Valley Reservation Gelman Building D
P.O.
Box 150 2120 L Street NW Grantuville, UT 84029 Washington D.C.
20555 William F. Kane, Director Spent Fuel Project Office Office of Nuclear Material and Safeguards
^)
Mailstop 06G22 Nuclear Regulatory Commission Washington D.C.
20555-0001 M
J BELILLE g
1sel for Ohngo Gaudadeh Devia 25 O