ML20059H709

Petition for Rulemaking PRM-72-1 to Suggest Amends to Listed Rules Under 10CFR Based on Accompanying Arguments

ML20059H709
Person / Time
Site:	Calvert Cliffs
Issue date:	06/23/1993
From:	Ochs R MARYLAND SAFE ENERGY COALITION
To:	NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-58FR47222, RULE-PRM-72-1 PRM-72-1, NUDOCS 9311100180
Download: ML20059H709 (3)

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Maryland Safe Energy Coalition. :ma f

P.O. Box 33111 JUN 3 01993 ._ ;

Baltimore, MD 21218 410-243-2077

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- ; i-W ,7, June 23 r-1993 The Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Branch:

Robert M. Bernero of the Office of Nuclear Material Safety and Safeguards pointed out in a February 24, 1993 acknowledgement of our Petition of December 21, 1992, Docket No. 72-8 (50-317/318):

"to the extent that you are seeking to petition for rulemaking l regarding generic issues related to dry cask storage, you should l refer to 10 CFR 2.802 for the Commission's requirements for a proper petition for rulemaking."  :

Accordingly, we hereby petition the NRC for rulemaking regarding ,

generic issues of dry cask storage. Pursuant to 10 CFR

2. 802 (c) (1) and (3), we wish to suggest amendments to the following rules under 10 CFR based on accompanying arguments:

72.22 (e) (2) add: "Specify the planned life of the ISFSI."

• If the storage of spent fuel is temporary, it follows that the planned life has a definite duration. Licensees should be required to state the length of time that each storage canister and/or cask will be used. In the absence of a stated lifetime, it should not be assumed the storage is temporary. Any storage which might become either permanent or indefinite would require additional regulations.

l 72.22 (e) (3) change from "after the removal of spent fuel and/or I

high-level radioactive waste" to "if the spent fuel and/or the high-level radioactive waste is removed".

The NRC should not assume that removal of nuclear waste including spent fuel from a reactor site is the safest policy. The lack of a national waste repository, MRS or the hazards of transporting high-level nuclear waste may make a prolonged or indefinite on-site storage the only option or the safest policy.

72.42 add: "(d) No license will be issued before 90 days after the final SER is published".

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Requiring a reasonable period between the final SER and the issuing of a license will allow potential petitioners time to intervene based on issues in the final SER.

72. 44 (c) (3 ) (ii) add "(v) dry storage casks must be monitored continuously for radioactivity at the exit cooling vents".

Since the exit vents are the most likely location of radioactive venting, it is logical that monitors would be required at such locations.

72.46(d) add: "The time prescribed for a notice of opportunity for a hearing or petition for leave to intervene will extend from the notice of proposed action through 90 days after the final SER  ;

is published". i I

If a notice of opportunity for a hearing or intervention is  !

limited to a short period after the license application, i interested parties may be prevented from obtaining a hearing i based on the second or final SER. Information in the latter safety reports may impact on the advisability of issuing a i license. The public should have the right and opportunity to I comment on the final SAR and SER before a license is issued. l 72.72(a) add after first sentence: "The records must include the history and condition of all spent fuel assemblies including a description of any defective fuel, such as fuel that is cracked, swollen, blistered, pinholed or offgassing."

Defective fuel can cause problems for safe storage, therefor the history and condition of all spent fuel should be documented.  ;

i 72.104(a) in place of "real" put: " maximally exposed" after " individual" add: "or fetus" change "25 mrem" to "5 mrem" change "75 mrem" to "15 mrem" change "25 mrem" to "5 mrcm" The sentence will then read: " ... dose equivalent to any maximally exposed individual or fetus who is located beyond the controlled area must not exceed 5 mrem to the whole body, 15 mrem to the thyroid and 5 mrem to any other organ..."

The radiation limit should be based on a the dose to a maximally exposed individual at the perimeter of the controlled area. The possibility of a pregnant person working and/or living at the perimeter should be a safety assumption for setting radiation limits.  ;

Recent studies have shown that women, children and fetus are especially sensitive to radiation damage. The National Academy

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of Science's Committee on the Biological Effects of Ionizing Radiation cited a report in 1990 by Dr. Alice Stewart establishing "a direct correlation of childhood cancers and leukemias with background levels of gamma radiation from natural and man-made sources in England, Wales and Scotland. The cumulative outdoor doses due to this source during fetal life varied between only 10 and 40 millirads, with an average of 22 millirads. This study indicates that the standards set for exposure of adults to low-level radiation are too high for the developing fetus.

Pursuant to 10 CFR 2.802 (c) (2) , our grounds and interest in the above changes in regulations are as follows:

As an environmental consumer organization, the Maryland Safe Energy Coalition is interested in the minimization and safe stor ge of nuclear waste including spa.nt fuel at nuclear power j .r s in general and Calvert Cliffs Nuclear Power Plant in

particular.

Even though the NRC license to Baltimore Gas & Electric Company (BG&E) is site-specific rather than generic, many of the generic regulations are the same or similar to the specific regulations for the Calvert Cliffs ISFSI. We are petitioning for these changes in both the specific and generic rules. While our immediate interest is in Calvert Cliffs, these changes apply to all on-site dry cask storage facilities in general. The docket number of our site-specific petition, filed on December 21, 1992, is 72-8 (50-317/318).

We are representing the interests of more than a hundred petition signers (see enclosed petitions to the State of Maryland for an NRC hearing), most of whom reside in the vicinity of the Calvert Cliffs plant. We also support the efforts of similar organizations in several states where dry cask storage of spent fuel is an issue.

Since we are not experienced or trained in regulatory legal standards, please advise us if we have overlooked any procedural requirements for a rulemaking petition.

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Sincerely yours, OW2Wto J

Richard Ochs Director, MSEC cc: Robert M. Bernero, Office of Nuclear Safety and Safeguards Maryland Public Service Commission John Glynn, Maryland Peoples Counsel

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