ML19321B057

Amended Contentions 1 & 2 & Withdrawal of Contention 3.Amend Request Does Not Contain Safety Analysis Re Spent Fuel Storage & Does Not Contain Analysis of Spent Fuel Pool Expansion Consequences.Certificate of Svc Encl

ML19321B057
Person / Time
Site:	Prairie Island
Issue date:	07/21/1980
From:	Olson J, Senechal M, Spannaus W MINNESOTA, STATE OF
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8007250422
Download: ML19321B057 (7)

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-- 4B JUL 2 41980 6 r_ I UNITED STATES OF AMERICA Omce of 8a DccWJngs Il NUCLEAR REGULATORY COMMISSION q, E2Mb'

..a J p In the Matter of DOCKET NOS. 50-282 0' # U 2

50-306 NORTHERN STATES POWER COMPANY Prairie Island Nuclear STATE OF MINNESOTA'S Generating Plant, Units 1 AMENDED CONTENTIONS and 2 1 AND 2 AND WITHDRAWAL OF CONTENTION 3-(Spent Fuel Pool Modification)

On April 24, 1980, the State of Minnesota by its Attorney General Warren Spannaus, and its Pollution Control Agency (hereinafter " State of Minnesota") filed its Supplement to Its Petition to Intervene settinE forth three contentions with respect to the above-entitled proceedinE.

On July 11, 1980, representatives of the State of Minnesota met with representatives of Licensee Northern States Power Company (hereinafter " Licensee") and with Charles Barth, the counsel for the Nuclear Regulatory Commission Staff (hereinaf ter "NRC Staff").

As a result of discussions at this meeting the State of Minnesota wishes to simplify and clarify the issues of this proceding by amending Contentions 1 and 2 and by withdrawing Contention 3.

Pursuant to 10 C.F.R. b2.714 (a)(3), the State of Minnesota hereby acends Contentions 1 and 2 as set forth below and withdraws Contention 3 for the reasons set forth below.

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. s AMENDED CONTENTIONS

1. The license amendment request and supporting documenta-tion do not contain a safety analysis with respect to the eeutine storage of spent fuel in Pool No. 1 and the insertion or withdrawal of a shipping cask into or from Pool No. 1 when it contains spent fuel. Until such a safety analysis has been per-formed 2 reviewed, and approved bi the Commission, and it has been determined that such actions can be conducted safely, the Commission should deny limit the Licensee's request fee routine authorized storage of spent fuel discharged as a result of normal refuelings in Feet Nov 4 to a _ total of 1120 spent fuel assemblies.

2. The license amendment request and supporting documenta-tion do not contain an analysis wtth respect te which identifies and quantifies the increased consequences which would result if the pro-posed spent fuel pool expansion is executed and there is subsegmently an accidenty including e 64eee Nine accident, which results in a loss of water in the spent fuel pool. Until such an analysis has been performed y reviewed, and approved by the Commission, do ident4fy and quentify any such in c r e a s e d een s c q u e n e c a , the Commission should not concider deny Licensee's license amendment request.

BASES FOR AMENDMENT AND WITHDRAWAL OF CONTENTIONS Contention 1 The basis for Contention No. 1 is the fact that no safety analysis

has been performed with respect to the insertion / withdrawal of a shipping cask into/from Pool No. I when it contains spent fuel.

The Contention as originally drafted asks the Commission to deny Licensee's request for routine storage of spent fuel in Pool No. 1.

The Licensee has advised the State of' Minnesota that operational flexibility would be provided if it could use Pool No. 1 for storage.

The State's concern is not with the use of Pool No. 1 for storage per se, but rather with the use of Pool No. 1 for storage at a time when it is necessary to insert / withdraw a shipping cask into/from Pool No.

1. As long as there are enough spaces in Pool No. 2 to allow all assemblies which are stored in Pool No. 1 to be transferred into Pool No. 2 in the event that a shipping cask must be inserted into Pool No.

1, the State's concern is addressed and the Licensee will have the operational flexibility it desires. Therefore this contention is amended to clarify that the State of Minnesota's concern is with the ability of the Licensee to safely handle a shipping cask in Pool No. 1 and not with the storage of spent fuel in Pool No. 1.

The contention, as amended, asks that the Commission limit the authorized storage to no more than 1120 spent fuel assemblies

" discharged as a result of normal refuelings". This phrase is intended to be used in the same sense that the Licensee uses it in its application at Section 1.2 of Exhibit A, where it discusses "the resulting storage capacity for normal refueling". This conter.. ion is not intended to ask the Commission to prohibit temporary storage in

Pool No. 1 in excess of the 1120 limitation in the event of a need to i

off-load the core for reactor maintenance or other foreseen or unfore-seen cases of nonroutine needs to temporarily (under one year) sttre fuel in Pool No. 1. On the other hand the phrase " discharged as a result of normal refuelings" is not intended to be construed to allow the Licensee to accept and store fuel from other reactors than Prairie Island Units 1 and 2 over and above the 1120 assembly capacity of Pool No. 2.

This contention has also been amended to add the concept that the safe withdrawal of a shipping cask from Pool No. 1 when it contains spent fuel is a concern which needs to be addressed before this license amendment is granted.

Contentjon 2 The basis for Contention 2 remains the same as stated in the State of Minnesota's April 24, 1980, submittal. The contention is amended to delete the term " Class Nine accident" in light of the Commission's recent publication of its " Statement of Interim Policy" (45 Fed. Reg. 40101) in which it withdraws the proposed Annex to Appendix D of 10 C.F.R. Part 50. The Commission's action renders the term " Class Nine accident" to have no legal meaning to the Commission. This contention is also amended to state that the Commission should deny, rather than refuse to consider, the license amendment request until the stated concern is addressed. Both amendments are for clarification purposes.

Contention 3 The State of Minnesota has been provided with additional infor-mation by the Licensee which satisfies the concerns stated in this contention.

CONCLUSION Based on the foregoing, the State of Minnesota respectfully amends Contentions 1 and 2 and withdraws Contention 3 Dated: July 21, 1980. Respectfully submitted.

WARREN SPANNAUS Attorney General State of Minnesota By cLTU- . UD--

S cial Assistant Attorney General Ey W cv " :A -T-MARLE NE E. SENECHAL Special Assistant Attorney General 1

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of DOCKET NOS. 50-282 50-306 NORTHERN STATES POWER COMPANY Prairie Island Nuclear Generating Plant, Units 1 and 2 (Spent Fuel Pool Modification)

_ CERTIFICATE OF SERVICE This is to certify that copies of the foregoing " State of Minnesota's Amended Contentions 1 and 2 and Withdrawal of Contention 3", were served, according to the attached Service List, by deposit in the United States mail, postage prepaid this 21st day of July, 1980.

• b< L b T7'W EhD . ~ OLSON x ecia Assistant

,, R-! Q' Attorney General NC1:ETED Counsel for the Minnesota

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SERVICE LIST Gerald Charnoff, Esq.

Jay E. Silberg, Esq.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

Washington, D.C. 20036 Docketing and Service Section

• Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joseph D. Bizzano, Jr.

414 Nicollet Mall Minneapolis, MN 55401 Robert M. Lazo, Esq.

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. David L. hetrick Professor of Nuclear Engineering University of Arizona Tuscon, Arizona 65721 Dr. Quentin J. Stober F'isheries Research Institute University of Washington Seattle, Washington 98195

• Original + 20 copies.