ML20010B169

Petitions for Hearing on Application for Renewal of Byproduct Matl License 19-08330-03.Requests Public Hearing on Application by Consolidating W/Ongoing Proceedings on Research Reactor.Certificate of Svc Encl

ML20010B169
Person / Time
Site:	Armed Forces Radiobiology Research Institute
Issue date:	08/07/1981
From:	Entwisle E CITIZENS FOR NUCLEAR REACTOR SAFETY, INC., ENTWISLE, E.B.
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
04992, 4992, NUDOCS 8108140177
Download: ML20010B169 (5)

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MONTGOMEEy'CO$NTY.* ..

YrIZkhS NOR NUCLE R REACTOR SAFETY P.O.. BOX 5914 e BETHESDA, MARYLAND 2001 i e (301)365-5021 _ __

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Samuel Chilk, Secretary Q D@ D 7 }gg Nuclear Regulatory Commissio y T g -

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Dear Secretary Chilk:

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.  % ND' ly client, the Citizens f o r 'N[u71 r actor Safety, Inc.

(CNRS), hereby petitions the NucleaY[he Regulatory Commission for a hearing on the application for renewal of Byproducts Mat'erial License No. 19-08330-03. That license (Docket No. 6931, Renewal

c. Application Control No. 04992) is held by the Armed Forces Radiobiology Research Institute (AFRRI) and has been extended beyond its original expiration date of September 30, 1980 pending a final decision on the renewal application. The license authorizes AFRR7 to rossess and use significant cunn-titics of rcalcactise Cobalt-60 at its facilit; on the grounds of the National Naval Medical Center (NSMC) in Bethesda, Maryland.

The Petitioner, CNRS, is a Eethesda-Lased , citizen's group (ncn-stock ':crvicnd corporation; cn ;e principal. purpose is te elicit and disseminate information en the health, safety, and e n v i. r e n c e n t a l impacts arising from the possession and use of radioactive material and operation of nuclear facilities in Montgomery County, Maryland. Its principal concern of relevance here is the heelth, safety, and environmental prob-lems the renewal of AFRRI's Cobalt-60 materials license may pose for its members and for the public. Most of CNRS's members live and/or work in Montgomery County and several live and own homes in Bethesda where the cobalt storage facility is located. At least three members live five mil ~es or less from the storage facility. As neighbors of the facility, CNRS members must live with the risk s that attend the storage of one of the largest i nv e r. m o r i e s of radioactive Cobalt-60 in the United States.

The Petitioner has demonstrated a responsible concern for the safet'y of the nuclear operations at the AFRRI facility.

In December 1980 CNRS filed a Petition to Intervene in the application for renewal of AFRRI's operating licenst for its go'$ y nuclear reactor (Facility Operating License No. R-84, Docket No. 50-170) which is housed in the same building as the cobalt /I storage facility on NNMC grounds. The Petitioner established

. standing in that proceeding to the satisfaction of the Licensing Board and proceeded to a special pr -hearing conference on May 1, 1981 after stipulating to nu nerous contentions with the NRC Staff and the license applicant. The parties are currently waiting for the Board t o rule on the a dini s s ib ili t y of several unstipulated contentions.

8108140177 810807' PDR ADOCK 05000170 G rgin

J* Pago Two On Februarf 4, 1981 counsel for the Petitioner had a telephone conversation (from which. counsel kept written notes) with Mr. John Hickey in the NRC's Materials Licensing Branch.

As head of his division Mr. Hickey has responsiblilty for assigning mater;als license reviews to Staff teahnical reviewers.

At the time of the conversatior dr Hickey had not yet assigred the review of License No. 19-08330- 03 to anyone. He stated that since some,of -,

the issuer beint, litigated in AFRRI's reactor re-licensing proceedings also affect ithe cobalt Y"'

Er . ' materials li' cense, it ~ w 'a s' hi;s' in t en tion to hold off on any decision on.the. renewal of the cobalt license until the

. reactor licensing proceedings were completed. Contrary to '

this expectation, icounsel' for the Petitioner learned yester-day that'the NRC plans to takc final action on the application '

to renew License No. 19-08330-03 before the reactor proceedings are completed. Since notice of proposed actions on materials license applications is not published in the Federal Register counsel'cannot determine when and what the final decision will be. Counsel was informed by Mr. Robert . Fonner in the 'NRC's Office of Executive Legal Director, in c elephone conversation August 6, 1981, that the practice for intervening in a materials license application is not well established, but that a letter to the Secretary of the Commission requesting a hearing and '

identifying my client cnd its interest would be sufficient.

Mr. Fonner stated that standing need not be established in the letter. --

Because the NRC is moving toward a decision on the appli-cation to renew Eyproduct Materials License No. 19-08330-03 and because the issues involved in this decision are inter-related with many of the issues (e.g. emergency planning, building access, security, environmental monitoring) currently being litigated in the proceedings on AFRRI's application to renew its reactor license (Docket No. 50-170), the Petitioner requests that the NRC consolidate hearings on the two applica-tions. Because the documents pertaining to the application for License No. 19-08330-03 can be obtained only through a Freedom of Information Act (FOIA) request the Petitioner is not able at this time to plead contentions with particularity (nor, judging from its conversation with Mr. Fonner, is it compelled to at this point). The Petitioner plans to sulait a FOIA request after which it will submit specific contentione.

The Petitione; plans to include con:entions relating to the hazards posed by accidents.in the cobalt storage facility such as the one that occurred between April 22 and May 16, 1981, when t.he hoist mechanism containing highly radioactive cobalt j am'm e r a b'c V e tbi 2hielding water in the storage room, exposing the cobalt with its lethal gamma radiation until the hoist mechanism was ultimately fixed. The Petitioner has reason to believe and is prepared to offer proof that the accident had the potential to escalate,to an emergency neces-sitating evacuation of the entire AFRRj facility (including

Pogo Thros the reactor operation) and perhaps sorrounding neighborhood.

For this reasor. and others, the Petitioner believes that the application to renew License No. 19-08330-03 involves significant safety considerations and respectfully requests that the Commission grant a public hearing on this application by consolidating it with the ongoing proceed.ings on Docket No. 50-170.

Respectfully,

. 4 E la Elizabeth Entwisle Cou'nsel for Petitioner P.S. Mail respondences will

, be expedited if you send directly to my address at:

8118 Hartford Ave.

-Silver Spring, MD 20910 -

cc: Docket No. 50-170 service list Congressman Michael D. Barnes I

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AFFIDA.VIT OF ELIZABETH FRENCH I, Elizabeth French, duly sworn, do state:

1. that I live and own a gome at 8817 Chalon Drive, Bechesda, Maryland 2 MM , 3.0 miles from the site of the Armed Forces Radiobiology Research Institute (AFRRI) cobalt storage facility;

2. that my husband also lives and owns a home at the above address;

3. that by reason of our proximity to the AFRRI cobalt storage facility I am concerned about the consequences to the health, safety, and property interests -of' my husband and myself of renewing AFFRI's Byproducts Material License No. 19-08330-03;

4. that I am a member of the Citizens for Nuclear Reac-tor Safety, Inc. (CNRS), attest that'the information contained in.the accompanying letter to the Secretary

-of the Nuclear Regulatory Commission requesting a public hearing on the cobalt license renawal applica-tion is true and correct to the best of my knowledge, and authorize CNRS to represent me as at intervenor

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in such license renewal proceedings.

( N/ n EW Elizabeth French SUBSCRIBED AND SWORN to before me this d

7 - day of August, 1981.

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g J Not y Public My Commiuion Exp.res February 14, 1984

. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

) Docket No. 6931 ARMED FORCES RADI0 BIOLOGY )

RESEARCH INSTITUTE ) (Application to Renew

) Byproduct Materials Cobalt-60 Storage Facility ') License No. 10-08330-03)

CERTIFICATE OF SERVICE I hereby certify that copies of Petitioner's letter to Secretary Chilk, dated August 7, 1981, and Affidavit of Elizabeth French in the above-captioned matter have been served on the following by depositing in the United States Mail, First Class,or by personal service by counsel, this 7th day of August, 1981:

Louis J. Caner, Esq. , Chai=an Mr. Richard G. ,Eachnann, Esq.

Ad=inis:rative Judge Counsel for NRC 5:aff Atenic Safe:y and Licensing Board Office cf the Executive Legal 23 Wiltshire Road Oirector

?hiladelphia, PA 19151 U.S. Nuclear Regulatory Coc=ission Washing:en, D.C. 20555 Mr. Ernes: E. Hill Ad=inistrative Judge Mr. Stuart A. Treby, Esq.

Lawrence Livemore Laboratory Assistant Chief Hearing Councel ,

U:uversi:y of California for NRC Staff P.O. Box 808, L-123 Office of the Executive Legal Live =cre, CA 94550 Director -.

U.S. Nuclear Regulatory Cc==ission Mr. David R. Schink Washington, D.C. 20555 Ad=inis:rative Judge Depart =ent of Oceanography Ato:ic Safety and Licensing Texas A & M University Board Panel College Station, TX 77840 U.S.. Nuclear Regulatory Co==ission Washington, D.C. 20555 Docketing and Service Section -

Office of the Secretary Ato:ic Safety and Licensing U.S. Nuclear Regulatory Co==ission Appeal Panel Washingten, D.C. 20555 U.S. Nuclear Regulatory Com=ission Vashing:en, D.C. 20555 Mr. Rober: L. Brittigan, Esq.

General Counsel

/d h 1 (D N jf' G Defense Nuclear Agency -

2030' Vashington, D.C. w c

Elizabeth Entwisle

. Counsel for Petitioner

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