ML23156A533
| ML23156A533 | |
| Person / Time | |
|---|---|
| Issue date: | 06/24/1986 |
| From: | NRC/SECY |
| To: | |
| References | |
| PR-050-043 | |
| Download: ML23156A533 (1) | |
Text
ADAM S Template: SECY-067 DOCUMENT DATE: 06/24/1986 TITLE: PRM-050-043 - - PETITION FOR RULEMAKING FROM THE TOWN OF HAMPTON TO PROHIBIT ISSUANCE OF AN OPERATING LICENSE AUTHORIZING FUEL LOADING AT SEABROOK CASE
REFERENCE:
PRM-050-043 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
UNITED STATES NUCLEAR REGULATORY COMMISSTON WASHINGTON. 0 . C. 20555 DOCKET ED USNRC AUG 1 198&
Matthew T. Brock, Esquire Shaines and McEachern OFF ICE OF 3[t,Hl1 AHY 25 ~1ap1ewood Avenue DOCKETING Sf vier.
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- ,.. BRANCli P.O. Box 360 ET ~ U ~
Portsmouth, NH 03801
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Dear Mr. Brock:
The NRC has received your letter dated June 24, 1986, that sets out a petition for rulemaking (PRM) requesting that NRC amend its regulations, including 10 CFR
§50.47(d) to prohibit issuance of an operating license authorizing fuel loading and/or l ow power operations up to five percent (5%) of the rated power of Unit 1 of Seabrook Station until final approval is granted by the Atomic Safety and Licensing Board of the Seabrook off-site emergency evacuation plan. :
As set out in the regulation, 10 CFR 2.802(c), the NRC will accept a PRM for processing if it meets certain threshold requirements. Specifically, 10 CFR 2.802(c) requires that each PRM filed shall:
(1) Set forth a general solution to the problem or the substance or text of any proposed regulation or amendment, or specify the regulation which is to be revoked or amended; (2) State clearly and concisely the petitioner's ground s for and interest in the action requested; (3) Include a statement i.n support of .the petit i on whic'h shall set.- forth
- the specific issues in volved, the petitioner's views or arguments with respect to those issue s , relevant technical, scienti f ic or other data involved which is reasonably available to the petitioner, and such other pertinent information as the petitioner deems necessary to support the action sought. In support of the petition, the petitioner should note any specific cases where the current rule is unduly burdensome, deficient, or needs to be strengthened.
We have carefully reviewed your PRM and determined that it does not fully meet the above criteria. Although the PRM specifies one of the regulations to be amended, it does not provide us with text for an amendment, nor does it offer any scientific or technical data, other than the generall y reported information surrounding the Chernobyl accident to support this action. (With regard to the concerns raised by the Town of Hampton in its PR~, please see the Enclosure.)
In addition, the PRM states that the purpose of the amendment is to stay the issuance of an operating license for Unit 1 of Seabrook Station. The NRC :regula-tions are written generically to apply to all nuclear power plants and cannot be amended solely for the purpose of applying new requirements to a single facility.
Matters that concern a particular facility may be addressed in a petition filed pursuant to 10 CFR 2.206 or may be presented by motion to the Atomic Safety and Licensing Board.
Matthew T. Brock, Esquire In accordance with 10 CFR 2.802{f) you may submit additional information to complete your PRM within 90 days f rom the date of the notification or it wil l be returned to you without prejudice to file a new PRM.
Any further questions on this matter may be addressed to John Philips, Chief ,
Rules and Procedures Branch, Division of Rules and Records, Office of Adminis-tration, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
Sincerely,
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}vvictor Stello, Jr.
~ Executive Director for Operat~ons
Enclosure:
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Response to the Town of Hampton, New Hampshire Concerns The Town of Hampton, New Hampshire, in its petition for rulemaking (PRM}
letter dated June 24, 1986, states certain concerns based upon the Chernobyl accident. The PRM notes that at the time of the accident Chernoby l "was operating at approximately six (6) to seven (7) percent of rated power, and was undergo in g testing of the facility. Such low power operation of Seabrook, Unit I, wou ld be precipitous, unwarranted, and would pose an unreasonable risk to public health and safety."
In response to these concerns, it shou l d be noted that several significant and important differences exist between Seabrook, Unit 1 and the Chernobyl plant that had the accident.
First, the Chernobyl plant had been in full power operation on and off since 1983. At the time of Chernobyl's accident, we understand that the plant was (or had) just shut down so it had a fission product inventory (radioactive products) at or near that of a plant which had been operating at full power operation for an extended period of time. In Seabrook, Unit 1, on the other hand, which has not operated at full power, the fission product inventory resulting from testing at lo\'1 power* is considerably less than the inventory generated during higher (or full) power operation.
Second, the Chernobyl design is substantially different from Seabrook, Unit 1.
Chernobyl is a graphite moderated reactor. The accident resulted in a graphite fire that caused massive destruction of the building containing the reactor. In contrast, U.S. light water reactors such as Seabrook do not use graphite in the core. Furthermore, Seabrook is enclosed by a strong concrete building {containment) that is leak tight and designed to withstand accidents which release significant amounts of energy.
The Hampton PRM also states: "The Chernobyl accident demonstrates the substan-tial risk of low power testing to persons residing in reasonable proximity to, though off-site from, Seabrook Station, including inhabitants of the Town of Hampton."
The NRC has done a number of low power risk studies for U.S. plants and found that the ri sks of operating a power reactor at low power are significantly lower than the risks of opera ting at full power. In the revision to the Emergency Planni ng and Preparedness rule (47 FR 30232, July 13, 1982), the Commission noted the following reasons for the low risk:
First, the fission product inventory during low power testing is much less than during higher power opera ti on due to the low level of reactor power and short period of operation.
Second, at low power there is a significant reduction in the required capacity of systems designed to mitigate the consequences of accidents compared to the required capacities under full-power operation.
ENCLOSURE
Third, the time available for taking actions to identify accident causes and mitigate accident consequences is much longer than at full power. This means the operators should have sufficient time to prevent a radioactive release from occurring. In the worst case, the additional time available (at least 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />), even for a postulated low likelihood sequence which eventually results in release of the fission products accumulated at low power into the containment, would allow adequate precautionary actions to be taken to protect the public near the site.
ENCLOSURE
bocm NUMBER .
f!£TIJlON ,RULE PRM - I C St) ,. f3 g ::::
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIO before the ~ \O.~
ATOMIC SAFETY AND LICENSING BO In the Matter of PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, et al. Docket Nos. 50-443-0L-l 50-444-0L-l
.fml'.l..QN l'..Q AM.~.Nl2 .REG ULAl'..l.Q.H A.NJ2 flIB PABl'.IAL .filJSPENSION .Qf LICENSING PROCEEDING NOW COMES the Town of Hampton, an interested municipality in the above-captioned proceeding, pursuant to 10 CFR §2.802, and petitions the Commission to amend its regulations, including 10 CFR §50.47(d), to prohibit issuance of an operating license authorizing fuel loading and/or low power operations up to five percent (5%) of the rated power of Unit 1 of Seabrook Station unless and until final approval is granted by the Atomic Safety and Licensing Board, or by any board hearing an appeal therefrom, of the Seabrook off-site emergency evacuation plans presently in litigation before t he Atomic Safety and Licensing Board. In support of t h is motion, the Town of Hampton states:
- 1. 10 CFR §50.47(d) presently permits issuance of an operating license for fuel loading and/or low power operation up to five percent (5%) of rated power without prior approval of off-site emergency evacuation plans.
1 SHAIN ES. MADRIGAN Ile McEACHERN PROFESSIONAL ASSOCIATION 25 MAPLEWOOD AVENUE PO BOX 360 PORTSMOUTH. NH 03801
. I , *
- 2. By Motion dated June 17, 1986, Applicant requested the Atomic Safety and Licensing Board to issue a partial initial decision authorizing operation of Seabrook Unit No. 1 up to and including five percent (5%) of rated power.
- 3. In light of the recent Cpernobyl accident, which based upon available information occurred at a time when ~hernobyl was operating at approximately six (6) to seven (7) percent of rated power, and was undergoing testing of the facility, such low power operation of Seabrook Unit 1 would be precipitous, unwarranted, and would pose an unreasonable risk to public health and safety.
- 4. The Chernobyl accident demonstrates the substantial risk of low power testing to persons residing in reasonable proximity to, though off-site from, Seabrook Station, including inhabitants of the Town of Hampton.
- 5. The grossly inadequate evacuation planning and procedures evident at Chernobyl demonstrate that off-site evacuation procedures at I
Seabrook should be fully explored and approved prior to issuance of an operating license, including a license for low power operation.
- 6. In view of this substantial risk as demonstrated by the Chernobyl accident, and the consequent need for adequate and approved off-site evacuation procedures even during times of low power testing
~t Seabrook Station, the Commission should amend its regulatiops, including 10 CFR §50.47(d), to prohibit all fuel loading and/or low power testing if and until final approval is granted on the off-site emergency evacuation plans presently in litigation.
\
2 SHAIN ES. MADRIGAN & McEACHERN ,- PROFESSIONAL ASSOCIATION 29 MAPLEWOOD AVENUE* PO BOX 360. PORTSMOUTH NH 03601
- 7. Pursuant to 10 CFR §2.802(d), the Town of Hampton, further requests the Commission to order that consideration of Applicant's motion for authorization of low power testing at Seabrook be suspended unless and until final approval is granted on the off-site emergency evacuation plans for Seabrook Station.
Dated: June 24, 1986 Respectfully submitted,
$HAINES & McEACHERN
~~
B~c_h_e_r_n_________
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Matthew T. Brock 3
SHAIN ES, MADRIGAN 6: McEACHERN PROFESSIONAL ASSOCIATION 2~ MAPLEWOOD AVENUE, PO BOX 360, PORTSMOUTI, NH 03801
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE .lll.E. ATOMIC SAFETY Afill LICENSING BOARD In the matter of PUBLIC SERVICE COMPANY OF Docket Nos. 50-443 OL NEW HAMPSHIRE, et al. 50-444 OL (Seabrook Station, Units 1 and 2)
CERTIFICATE~ SERVICE I hereby certify that copies of Petition to Amend Regulation and for Partial Suspension of Licensing Procedure in the above-captioned proceeding has been served on the following by deposit in the United States mail on this 24th day of June, 1986.
Helen Hoyt, Esq., Chairman Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission East West Towers Building 4th Floor 4350 East west Highway Bethesda, MD 20814 Dr. Jerry Harbour Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Administrative Judge Sheldon J.
Wolfe, Esquire, Chairman Atomic Safety and Licensing Board Panel u.s. Nuclear Regulatory Commission Washington, DC 20555 1
SHAIN ES MADRIGAN & McEACHERN - PROFESSIONAL ASSOCIATION 25 MAPLEWOOD AVENUE* PO BOX 360
- PORTSMOUTI-I NH 03801
Beverly Hollingworth 209 Winnacunnet Road H*ampton, NH 03842 Sandra Gavutis, Chairman Board of Selectmen RFD 1 Box 1154 Route 107 Kensington, NH 03827 Dr. Emmeth A. Luebke Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Carols. Snieder Assistant Attorney General Office of the Attorney General One Ashburton Place, 19th Floor Boston, MA 02108 Stephen E. Merrill Attorney General George Dana Bisbee Office of the Attorney General 25 Capitol Street Concord NH 03301-6397 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency 35 Pleasant Street Concord, NH 03301 Calvin A. Canney, City Manager City Hall 126 Daniel Street Portsmouth, NH 03801 Roberta c. Pevear State Representative Town of Hampton Falls Dr inkwa te,r Road Hampton Falls, NH 03844 2
SHAIN ES MADRIGAN 8: McEACHERN - PROFESSIONAL ASSCCIATION 25 MAPLEWOOD AVENUE* PO BOX 360
- PORTSMOUTH NH 03801
Robert A. Backus, Esq.
Backus, Meyer & Solomon 116 Lowell Street Manchester, NH 03106 Edward A. Thomas Federal Emergency Management Agency 442 J.W. McCormack (POCH)
Boston, MA 02109 H. Joseph Flynn, Esq.
Assistant General Counsel Federal Emergency Management Agency 500 C Street, S.W.
Washington, D.c.- 20472 Jane Doughty Seacoast Anti-Pollution League 5 Market Street Portsmouth, NH 03801 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Allen Lampert Civil Defense Director Town of Brentwood 20 Franklin Street Exeter, NH 03833 Angie Machiros, Chairman Board of Selectmen 25 High Road Newbury, MA 01950 Jerard A. Croteau, Constable
.82 Beach Road P.O. Box 5501 Salisbury, MA 01950 Diane Curran, Esq.
Harmon& Weiss 2001 S Street, N.W.
Suite* 430 Washington, D.C. 20009 3
SHAIN ES. MADRIGAN 8: McEACHERN - PROFESSIONAL ASSOCIATION 25 MAPLEWOOD AVENUE - PO BOX 360 - PORTSMOUTH NH 03801
Philip Ahrens, Esq.
Assistant Attorney General Office of the Attorney General State House Station, i6 Augusta, ME 04333 Thomas G. Dignan, Jr., Esq.
Ropes & Gray 225 Franklin Street Boston, MA 02110 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docket and Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Wasnington, D.C. 20555 J.P. Nadeau, Esq.
Selectmen's Representative Board of Selectmen 10 Central Road Rye, NH 03870 Michael Santosuosso, Chairman Board of Selectmen South Hampton, NH 01913 Mr. Robert Carrigg, Chairman Board of Selectmen Town Office Atlantic Avenue North Hampton, NH 03862 William Armstrong Civil Defense Director Town of Exeter 10 Front Street Exeter, NH 03833 Peter J. Matthews, Mayor City Hall Newburyport, MA 01950 4
SHAIN ES MADRIGAN & McEACHERN - PROFESSIONAL ASSOCIATION 25 MAPLEWOOD AVENUE* PO BOX 360
- PORTSMOUTH NH 03801
William S. Lord Board of Selectmen Town Hall - Friend Street Amesbury, MA 01913 Mrs. Anne E. Goodman, Chairman Board of Selectmen 13-15 Newmarket Road Durham, NH 03824 Gary w. Holmes, Esq.
Holmes & Ellis 47 Winnacunnet Road Hampton, NH 03842 Sherwin E. Turk, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Tenth Floor 7735 Old Georg~town Road Bethesda, MD 20814 Oreste Russ Pirfo Office of the Executive Legal Director u.s. Nuclear Regulatory Commission Washington, DC 20555 Senator Gordon J. Humphrey U.S. Senate Washington, DC 20510 (Attn: Herb Boynton)
Senator Gordon J. Humphrey 1 Pillsbury Street Concord, NH 03301 (Attn: Herb Boynton)
Thomas F. Powers, III Town Manager Town of Exeter 10 Front Street Exeter, NH 03833 5
SHAIN ES, MADR\GAN 8: McEACHERN - PROFESSIONAL ASSOCIATION 2!i MAPLEWOOD AVENUE* PO BOX 360
- PORTSMOLITH NH 03001
Brentwood Board of Selectmen RFD Dalton Road Brentwood, NH 03833 Dated: June 24, 1986
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Matthew T. Brock, Esq.
6 SHAIN ES, MADRIGAN 8: McEACHERN - PROFESSIONAL ASSOCIATION 2!5 MAPLEv-100D AVENUE* PO BOX 3e--O - PORTSMOUTI-1 NH 03801