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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20211N5231999-09-10010 September 1999 Memorandum & Order (CLI-99-24).* Grants Util Motion to Withdraw Without Prejudice Pending Appeal of ASLB Memorandum & Order LBP-99-14 & Vacates LBP-99-14 & LBP-99-17.With Certificate of Svc.Served on 990910 ML20211J8041999-09-0303 September 1999 Order.* Time within Which Commission May Take Sua Sponte Review Pursuant to 10CFR2.786(a) of Board Order (LBP-99-27) Hereby Extended to 990910.With Certificate of Svc.Served on 990903 ML20216D6571999-07-28028 July 1999 Memorandum & Order (Termination of Proceeding).* Orders That Intervenor 990517 Contentions Be Dismissed as Moot & Licensee Motion to Terminate Proceeding Be Granted.With Certificate of Svc.Served on 990729 ML20196K5271999-07-0606 July 1999 NRC Staff Response to Yankee Atomic Electric Co Motion to Terminate Proceeding.* for Listed Reasons,Licensing Board Should Grant Motion to Withdraw Application & Terminate Proceedings.With Certificate of Svc ML20212J5661999-07-0101 July 1999 Notice of Withdrawal.* Notice Given That Effective 990701 ML Zobler Withdraws Appearance in Yankee Atomic Electric Co Proceeding.All Mail & Service Lists Should Be Amended to Delete Name After That Date.With Certificate of Svc ML20212J6251999-06-29029 June 1999 Motion for Leave to Reply (Intervenor 990623 & 24 Filings).* Board Should Enter Order Terminating Proceeding,Without Prejudice & Without Conditions.With Certificate of Svc ML20196F1321999-06-24024 June 1999 Necnp Reply to LBP-99-22.* Recommends That Panel Should Grant Relief That Intervenors Requested for Reasons Stated. with Certificate of Svc ML20196F3801999-06-23023 June 1999 CAN Reply to Board Order of 990614.* Board Should Find Way to Satisfy Public Right to Know Answers to Questions CAN & Others Raised Re Yankee Rowe Site Contamination.Fees,Costs & Expenses Justified.With Certificate of Svc ML20196F1651999-06-22022 June 1999 Response to Board Request for Answers to Questions & Other Matters.* Contends That Intervenors & Public Interest Have Been Severely Prejudiced by Failure of Proceeding to Adjudicate Matters at Issue.With Certificate of Svc ML20196B1621999-06-17017 June 1999 Response of Yankee Atomic Electric Company to LBP-99-22.* Informs That Board Should Enter an Order Terminating Proceeding,Without Prejudice & Without Conditions. with Certificate of Svc ML20195H1911999-06-15015 June 1999 Application of Montaup Electric Co & New England Power Co for Transfer of Licenses & Ownership Interests.Requests That Commission Consent to Two Indirect Transfers of Control & Direct Transfer ML20195H3941999-06-15015 June 1999 NRC Staff Response Re Yaec Board Notification (Withdrawal of Application) & Motion to Terminate Proceeding & Dismiss Appeal.* Commission Should Hold Abeyance Any Action on Yaec Motion to Dismiss Appeal.With Certificate of Svc ML20195F5551999-06-14014 June 1999 Memorandum & Order (Requesting Replies to Necnp Response to Termination Motion).* Parties Invited to Reply to Necnp 990607 Response No Later than 10 Days Following Svc of This Memorandum & Order.With Certificate of Svc.Served on 990614 ML20207H5791999-06-14014 June 1999 Motion of Yankee Atomic Electric Co for Leave to Respond to Intervenor Opposition To...Motion to Terminate (Etc).* Board Should Enter Order Terminating Proceeding,Without Prejudice & Without Conditions.With Certificate of Svc ML20207G2021999-06-0707 June 1999 Yankee Response to Intervenors Motion in Support of Yankee Motion for Dismissal of Appeal.* Recommends That Appeal Should Be Dismissed as Moot for Reasons Stated.With Certificate of Svc ML20195D7081999-06-0707 June 1999 Intervenor Opposition to Yankee Atomic Electric Co Motion to Terminate & Proposed Form of Order for Expenses,Fees & Responses to Discovery.* Panel Requested to Grant Motion to Withdraw by Imposing Conditions ML20195D7871999-06-0707 June 1999 Declaration of Jm Block,Attorney,New England Coalition on Nuclear Pollution,Inc.* Informs That Necnp Has Incurred Listed Expenses & Generated Listed Attorney Hours in Course of Proceeding.With Certificate of Svc ML20195D7281999-06-0606 June 1999 Declaration of F Katz,President,Citizens Awareness Network, Inc.* Informs That CAN Has Incurred Listed Expenses in Course of Entire Proceeding to Date ML20195C9301999-06-0505 June 1999 Motion in Support of Yankee Atomic Electric Co Motion for Dismissal of Appeal.* Commission Should Immediately Grant Yankee Atomic Electric Co Motion to Dismiss Pending Appeal & Dismiss Appeal with Prejudice.With Certificate of Svc ML20207D7031999-05-26026 May 1999 Board Notification (Withdrawal of Application) & Motion to Terminate Proceeding & Dismiss Appeal.* Commission Suggests That Pending Appeal by Licensee from LBP-99-14,should Be Dismissed.With Certificate of Svc ML20206Q2051999-05-17017 May 1999 Necnp Request for Permission to File Contentions & Contentions on Inadequacy of NRC Staff 990412 Environ Assessment & Finding of No Significant Impact of Approval of Yankee Nuclear Power Co License Termination Plan.* ML20206Q2391999-05-14014 May 1999 Declaration of Rj Ross,Cgwp,Hydrogeologist.* Declaration of Rj Ross Re NRC Staff Environ Assessment & Finding of No Significant Impact on License Termination Plan for Yankee Nuclear Power Station ML20206P1481999-05-13013 May 1999 Board Notification.* Informs That Yankee Determined to Modify Plan for Final Status Survey of Ynps Site So as to Employ so-called Marssim Survey Methodology Instead of 5849 Survey Methodology.With Certificate of Svc ML20206Q2261999-05-13013 May 1999 Second Declaration of M Resnikoff.* Declaration of M Resnikoff Re NRC Staff Environmental Assessment on Yankee License Termination Plan ML20206D1931999-04-30030 April 1999 CAN First Set of Interrogatories & Requests to Produce Served Upon Yaec.* Incorporates & Republishes General Instructions in Necnp First Set of Interrogatories & Requests.With Certificate of Svc.Related Correspondence ML20206B7131999-04-27027 April 1999 NRC Staff Response to Letter from Necnp.* Recommends That Jm Block 990424 Request That Board Take Action Re EA Prepared in Connection with Staff Review of LTP Filed by Yaec Be Denied for Reasons Stated.With Certificate of Svc ML20205R4631999-04-22022 April 1999 Memorandum & Order (Denying Motion for Reconsideration of Contention 4).* Yaec Motion for Reconsideration of Portion of LBP-99-14 That Admitted Necnp/Can Contention 4 Denied. with Certificate of Svc.Served on 990422 ML20205Q6921999-04-19019 April 1999 Erratum to Reply Brief of Intervenor Citizens Awareness Network,Inc to Yaec Appeal of Prehearhing Conference Order of ASLB (LBP-99-14) on 990317.* Reply Included Draft Front Page.With Certificate of Svc ML20205S0181999-04-19019 April 1999 Erratum,Reply Brief of Intervenor Citizens Awareness Network Inc to Yaec Appeal of Prehearing Conference Order of ASLB (LBP-99-14) on 990317.* Draft Front Page Was Inadvertently Included in Reply Brief.With Certificate of Svc ML20205S0251999-04-17017 April 1999 Necnp First Set of Interrogatories & Requests to Produce Served Upon Yaec.* Answers & Documents Should Be Provided to Listed Persons,At Each Round of Discovery Re License Termination Plan ML20205Q9151999-04-16016 April 1999 on Appeal from Prehearing Conference Order of ASLB Issued 990317 (LBP-99-14).Reply Brief of Intervenor Necnp.* LBP-99-14 Should Be Upheld.Preceeding Should Go Forward. with Certificate of Svc ML20205Q0661999-04-16016 April 1999 Citizens Awareness Network,Inc Reply to Yaec Appeal of Prehearing Conference Order.* Requests That Yaec Appeal of ASLB Prehearing Conference Order Be Denied for Foregoing Reasons of Law,Regulations & Fact.With Certificate of Svc ML20205P8821999-04-16016 April 1999 NRC Staff Response in Support of Yankee Atomic Electric Co Appeal of LBP-99-14.* Commission Should Grant Licensee Appeal & Reverse ASLB Decision in LBP-99-14.With Certificate of Svc ML20205P9161999-04-15015 April 1999 Opposition to Appeal from Prehearing Conference Order of Atomic Safety & Licensing Board Filed by Yae Issued 990317 (LBP-99-14).* Petitioner Requests That Commission Deny Appeal & Uphold LBP-99-14.With Certificate of Svc ML20205P8851999-04-14014 April 1999 Erratum (Reconsideration of Portion of Prehearing Conference Order).* Licensee Learned That Yae Incorrect in Stating That Decommissioning Plan Had Been Approved on Basis of TEDE Analysis.With Certificate of Svc ML20205P1851999-04-12012 April 1999 Motion for Leave to Reply (Reconsideration of Portion of Prehearing Conference Order).* Util Requests That Board Reconsider LBP-99-14 & Upon Consideration, Contention 4 Be Excluded.With Certificate of Svc ML20205P1151999-04-12012 April 1999 Motion for Leave to Reply to Yaec Motion for Leave to Reply (Reconsideration of Portion of Prehearing Order) & Yaec Reply.* Moves for Leave to Submit Reply to Yaec Reply or to Supplement Necnp Orginal Reply.With Certificate of Svc ML20205K9541999-04-0909 April 1999 Necnp Opposition to Yaec Motion to Reconsider Part of Prehearing Conference Order.* Necnp Requests That Panel Either Deny Yaec Omr Outright or Reconsider & Modify Contention 4 Only in Ways Suggested.With Certificate of Svc ML20205J3421999-04-0909 April 1999 NRC Staff Response to Yae Objection to & Motion for Reconsideration of Portion of Prehearing Conference Order.* Staff Agrees with Yae Arguments Supporting Motion.Board Should Grant Motion.With Certificate of Svc ML20205K8691999-04-0909 April 1999 Citizens Awareness Network,Inc Reply to Yankee Atomic Electric Co Objection to & Motion for Reconsideration of Portion of Prehearing Conference Order.* Licensee Motion for Reconsideration Should Be Denied.With Certificate of Svc ML20205K9181999-04-0808 April 1999 Opposition to Objection to & Motion for Reconsideration of Portion of Prehearing Conference Order Filed by Yaec.* Franklin Regional Council of Governments Opposes Motion & Requests That Board Deny Motion.With Certificate of Svc ML20205G0961999-04-0606 April 1999 Notice of Hearing.* Hearing Will Be Conducted in Proceeding Re License Termination Plan.With Certificate of Svc.Served on 990406 ML20205G0791999-04-0101 April 1999 on Appeal from Prehearing Conference Order of Atomic Safety & Licensing Board Issued 990317 (LBP-99-14)Brief of Licensee.* LBP-99-14 Should Be Reversed & Proceeding Should Be Dismissed.With Certificate of Svc ML20205G0661999-04-0101 April 1999 Notice of Appeal.* Util Appeals Prehearing Conference Order of Slb Denominated LBP-99-14,issued on 990317 & Served on Util on 990317.With Certificate of Svc ML20205E2861999-04-0101 April 1999 Memorandum & Order (Telephone Conference on 990331).* Orders That Responses by Intervenors & NRC Staff to Reconsideration Motion Are to Be Filed with ASLB by COB 990409.With Certificate of Svc.Served on 990401 ML20205G1461999-03-31031 March 1999 Transcript of Util (Yankee Nuclear Power Station) Telcon.* Telcon Held on 990331 in Rockville,Md.Pp 283-329 ML20205E2071999-03-28028 March 1999 Objection to & Motion of Yaec for Reconsideration of Portion of Prehearing Conference Order.* as Listed,Yaec Requests That Board Reconsider as Listed & Requests That Contention 4 of LBP-96-18 Be Excluded.With Certificate of Svc ML20205A8111999-03-25025 March 1999 Notice of Change of Address.* D Curran Hereby Gives Notice That as of 990329,Curran Mailing & e-mail Address Will Change to Address Listed.With Certificate of Svc ML20207M3491999-03-17017 March 1999 Prehearing Conference Order (Ruling on Contentions).* Approves Four Contentions Advanced by Necnp & CAN & Grants Requests for Hearing & Petitions for Leave to Intervene of Petitioners.With Certificate of Svc.Served on 990318 ML20202E9891999-01-27027 January 1999 Transcript of 990127 Prehearing Conference in Greenfield,Ma Re Yankee Atomic Electric Co (Yankee Nuclear Power Station). Pp 176-282 1999-09-03
[Table view] Category:PUBLIC COMMENTS ON PROPOSED RULES & PETITIONS FOR
MONTHYEARML20203J9751998-02-27027 February 1998 Comment on NRC Notice Re Objection to Use of NSHC to Approve Util License Termination Plan for Plant ML20203J7361998-02-27027 February 1998 Comment Opposing Approval of NSHC to Plant License Termination Plan ML20217Q3521998-02-27027 February 1998 Comment on Federal Register Notice Concerning Approval of License Termination Plan, & Revised on 971218 ML20203J7621998-02-26026 February 1998 Comment Opposing NSHC Approval of License Termination Plan & Request for 10CFR2,subpart G Hearing on Plan ML20197B1721998-02-24024 February 1998 Comment Opposing Process & Substance of Planned Approval of Yankee Atomic Electric Co License Termination Plan & to Request NRC Reconsider Process Formulated & Substitute Hearing Under 10CFR2,subpart G ML20058L4981993-11-29029 November 1993 Comment Supporting Proposed Rule 10CFR72 Re Notification of Events at ISFSI at MRS Installation.Offers Comments Re Apparent Dichotomy Between Discussion in Proposed Rule & Existing TSs ML20058E0151993-11-14014 November 1993 Comment Opposing Proposed Rule 10CFR50 Re Exemptions in Accident Insurance for Nuclear Power Plants Prematurely Shut Down ML20058E0641993-11-10010 November 1993 Comment Supporting Proposed Policy Statement on Staff Meetings Open to Public ML20059E9571993-10-28028 October 1993 Comment Supporting Proposed Rule 10CFR171 Re Restoration of Generic Exemption from Annual Fees for Nonprofit Educational Institutions ML20058F9561990-10-18018 October 1990 Comment Supporting Proposed Rule 10CFR51 Re Renewal of Nuclear Plant OLs & NRC Intent to Prepare Generic EIS ML20059P0451990-10-15015 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059P0571990-10-11011 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20062B5331990-10-11011 October 1990 Comment Supporting Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Changes Permit Use of Simplicity & Power Resident in Application of Current Licensing Basis Concept to Create Logical License Renewal Process ML20059N4241990-10-0101 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N4221990-10-0101 October 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N4251990-09-25025 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N3751990-09-24024 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N3701990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N3791990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N3731990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N3711990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N3581990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.No Price Can Be Put on Health & Safety of People Living Near Yankee Rowe Nuclear Power Plant ML20059N3541990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal.Commission Should Work Towards Closing Yankee Rowe Atomic Power Plant on Schedule ML20059N4231990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N3831990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N4201990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N4211990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20059N8371990-09-22022 September 1990 Comment Opposing Proposed Rules 10CFR2,50 & 54 Re Nuclear Power Plant License Renewal ML20248B6201989-08-0202 August 1989 Comments on Draft Reg Guide, Assuring Availability of Funds for Decommissioning Nuclear Reactors. NRC Should Permit Use of Potential Tax Refund as Source of Decommissioning Funds ML20235T3581989-02-27027 February 1989 Comment Opposing Proposed Rule 10CFR50 Re Maint Programs for Nuclear Power Plants.Util Endorses Comments Filed by NUMARC & Nuclear Util Backfitting & Reform Group.Rule Fails to Provide Basis for Determining Effective Maint Program ML20205N0321988-10-18018 October 1988 Comment Supporting Proposed Rule 10CFR150 Re Reassertation of NRC Authority for Approving Onsite Low Level Waste Disposal in Agreement States ML20196E9501988-06-22022 June 1988 Comment Supporting Proposed Rule 10CFR50 Re Emergency Planning & Preparedness Requirements for Nuclear Power Plant Fuel Loading & Initial Low Power Operations ML20150E3871988-03-23023 March 1988 Comment Supporting Proposed Rule 10CFR50,App J Re Alternative Method for Leakage Rate Testing.Change Would Remove Util of Burden of Seeking Exemption to App J in Order to Employ More state-of-the-art Statistical Analyses ML20236U3931987-11-25025 November 1987 Comments Supporting Rev to 10CFR2 Re Statement of Policy on Enforcement.Urges Commission to Expeditiously Issue Revised Policy on Matl False Statements 1998-02-27
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Nuclear Information and Resource Service 142416th St. NW, Suite 404, WasNngton. Dc 20036, 202-328 0002, fat 202-46;- N 83. e-maltnirsnot@yc.ap ,o g web www.nirs org o es b % '
Febmary 27,1998 bM@MO i c-cn Mr. David Meyer, Chief, Rules and Directives Branch,
" p to Division of Administrative Services, Office of Administration w[
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N United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 {o d!w-.
g DELIVERED BY HAND TO: Room 6D22, Two White Flint North, * "
11545 Rockville Pike, Rockville, MD RE: Comments, responding to NRC Notice in 63 Fed. Reg. 4308-4330 (January 28, 1998), opposing granting No Significant Hazarh Consideration to Yankee Nuclear Power Station License Termination Plan (50-29), and requesting that a 10 C.F.R. Part 2, Subpart G public hearing be held convenient to the public living near the reactor site.
Dear Mr. Meyer,
By this letter I submit my comments for consideration by the Commission and request that the Commission hold a hearing in the above referenced matter rather than making a No Significant Hazards Consideration.
~ I contend, for myself and NIRS members living in close proximity to the Yankee Nuclear Power Station, that the public process which the NRC staff has .
conducted thus far is sorely lacking in very basic consideration of due process oflaw as guaranteed under the United States Constitution.
Specifically, the NRC staff provided far less than 30 days notice of the public meeting to discuss the Yankee Nuclear Power Station License Termination Plan (LTP). In fact, only 8 days notice was provided. See NRC Notice,- 63 Fed.
Reg. 275 (January 5,1998)(announcing the January 13,1998, meeting in
. Buikland, Massachusetts).
I was unable to make the necessary travel arrangements in time to attend that meeting. In lieu of personal attendance, I forwarded the attached comments to ~
\{g be placed in the record of the meeting by Mr. Frederick Katz. Although my comments have now been neatly bound into the text of the " Official" transcript of the public meeting, I have never received any written acknowl s3 ment from the NRC of my comments.
l P$R DOhKOO 29 PDR l{ll)!){\l3lll)}lk)lk)k
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Q pnnw on reeww paper dedicated to a sound non.nuckar enerpy policy.
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4
' I have receised no copy of the transcript, but was told about my comments i being bound into it. Further, and most annoying, the NF C staff has not sent me response to my comments. . A copy of my comments is attached hereto as Exhibit ' A' and I hereby incorporate them into this comment and request for a 10 CFR Part 2, Subpart O hearing on the LTP., -
= I was also informed that at the hearing the NRC cut off public .uestioning.
This meant that many questions went (and remain) unanswered. Not only my own comments and those of NIRS members, but questions and comments from Northeast Utilities consultant Paul Blanch were not answered.-
L'r. Blanch had concerns similar to my own. In particular, he asked about the levels of background radiation on the site, given that the site release plan indicated 10 micro-Rad / hour. This is a number _way over the NRC's 25 millirem /yr limit from all sources. It is also far in excess of the EPA's 15 millirem / year standard. It is almost an order of magnitude over the L
Massachusetts Department of Public Health's 10 millirem / year standard. How can the NRC give N- Significant Hazards Considen. tion to an LTP, which contains such a totally out of Ne site release background radiation level? Thus, I ask that the Commission disapprove the Yankee Nuclear Power Station LTP, and
. direct that a public hearing be held in the vicinity of the Yankee facility.
+
1 am also deeply concerned that the NRC staff (and Commission, it would seem)-
- are poised to accord No significant Hazards Consideration license amendment
- approval to the LTP when it proposes that Yankee build and place its spent 1 h" _ fuel in an ISFSI under a 10 CFR Part 50 operating license. This ruggestion is .
outrageous for several reasons. .
Not surprisingly, Yankee will be given a windfall benefit if the Commission approves the LTP. Specifically, Yankee will avoid the $283,000 per year Part L72 licensing fee. This reward will be given, along with mitigation of many of 4 the very circumstances which lead Congress to pass the Nuclear Waste Policy Act: less suiveillance of the site, greater danger of sabotage, lower level of i
- inspections by NRC and Yankee, everything done on an uncertified / experimental
- basis (uncertified and untested casks, uncertified and untested casks method -
of dealing with leaking casks, uncertified and untested methods of moving ~
degraded fuel, etc.). Plainly, when one looks at the dangers which Part 72 was intended to avert, the use of 10 CFR 50.59 as the basis of execution and oversight is totally inappropriate. Congress did not intend that licensees
- would be allowed to develop experimental ways of dealing with spent nuclear fuel, including storage in areas without adequate safety and surveillance.
Yankee's LTI' offers a hazardous, untested proposal for dealing with spent fuel. Not only should the NRC require Yankee to submit to a full public hearing process on the LTP, it should direct the staff to conduct a Part 72 licensing all of Yankee's high-level waste storage schemes.
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Again, I ra.5e all of the issues raised _in my attached comments.
~ For the reasons stated therein and above, the NRC should not grant approval of Yankee's LTP on a No Sigtiificaint Hazards Consideration basis There are unanalyzed hazards. A hearing should be held under 10 CFR Part 2, subpart G, and is hereby requested on behalf of NIRS and its members whose lives and property are at risk through yet another experiment at the Yankee Nuclear ,
Power Station in Rowe, Massachusetts.
Sin ,
Paul Gunter, Reactor Watchdog Project
. Nuclear Information and Resource Service :
~
Enc / Comments submitted to January 13,'1998, r oblic Meeting -
in Buckland, Massachusetts, attached hereto as Exhibit ' A' I
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4 4
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Nuclear Information and Resource Service 142416th Street NW Suite 404 WarSington, DC 20036 Tel: 202/328-0002 Fax: 202-462-2183 Website: http//www.nirs.org Statement of Paul Gunter 1)lrector of the Reactor Watchdog Project
- January 13,1998 Before the Nuclear Regulatory Commission Public Meeting on the Termination of the Yankee Rowe License
- Mohawk Valley Regional High School Auditorium Buckland, Massachusetts I would like to thank the Nuclear Regulatory Commission for this opportunity to address the license termination of the Yankee Rowe nuclear generating station.
However, my opening remark must be fra.ned as a criticism of the NRC's overall effort to circumvent meaningful public involvement in the decommissioning process. My organization recognizes that to date, the NRC has actively subverted the public interest in discovering the tme and potentiel impact of a major decommissioning operation at Yankee Rowe by thwarting the public's right to a hearing with dlscovery process and the cross examination of the licensee as
, required under the National Environmental Protection Act, the Administrative Procedures Act, -
l and the Atomic Energy Act.
It is our view that the NRC originally abandoned its decommissioning regulations and then rewrote its law to accommodate the economic interests of Yankee Atomic Electric Company by '
expediting the decommissioning process. This view is bolstered by the remarks of Judge Ponser in the Springfield Federal Court and the First Circuit Appellate Court decision in CAN vs NRC.
It is now our concern that at the behest of Yankee Atomic Elec::ic Company, the NRC is seeking to expedite the removal of the Yankee Rowe nuclear power station irradiated fuel pool through dry cask storage of the reactor's high level radioactive waste and the demoibhms of the irradiated fuel pool and building. There are several issues that NIRS seeks to address before Yankee proceeds with this plan. ,
Central to our concerns is that the NRC has bankrupted its credibility for effective regulatory oversight of the cask certific'ation program.
Long standing problems with two cask designers and vendors have demonstrated that tne federal regulator has failed to adequately oversee Quality Assurance and Quality Control in the certification and implementation of the Sierra Nuclear Corporation VSC-24 (vertical storage modules) dry cask system and the VECTRA Technologies Inc. NUHOMS-52 B (horizontal storage modules) dry cask system. NIRS believes that the'NRC failed its regulatory and oversight
'8 '
i , i
{* function as a result bf attempting to accommodate the nuclear imiustry's interests and schedules in j i such areas as retaining operational flexibility (i.e. the ability to 1 ave full core ofBoad.)
4 Specifically- ,
I On August 21,1991, the NRC exempted and permitted Sierra Nuclear Corporation to build eight
- VSC-24 Dry Shielded Casks (concrete casks) and 3 metal storage baskets for the Consumer Power's Palisades nuclear generating station before desian annroval was lasued. The exemadaa was granted by NRC stating that approval was given "at vendor's own risk". I
, By April,1992, NRC iaspections identified quality control / quality assurance problems with Sierra Nuclear VSC-24 construction involving inadequate design control and control of subcontractors and by May 28,1992 issued a Notice of Violation. The following day, May 29,1992, Michigan's ~
- Consumers Power directed Sierra Nuclear to cease all construction of cask being buik under the ,
l uemption process at Palisades.
L In December 1992, the Michigan OfHce of Attorney General requested that NRC hold a public ~
hearing ott the Palisades dry cask storage system which the agency then denied.
l l: On May 7,1993 the NRC certified the VSC-24 design for five nuclear power stations ~without ' .
[
requiring site specific studies, an Environmental Impact Statement, and barring a public hearing e process at any of the reactor locations.
On May 11,1992, Consumers Power loaded its first VSC<24 cask. That same month, a consulting firm to the NRC, The Center for Nuclear Waste Regulatory Analyses of San Anionio Texas, commented on dry cask storage policy stating " dry environment has the potential of producing such problems as further fuel cladding oxidation, cladding stressing,'and creep
- deformation as a result ofinternal rod pressure."
i- -
In February,1994, an NRC soil expert visited the Palisades dry cask storage site which is located
, in a "high risk erosion site"just 150 yards from the shore ofLake Michigan. Dr. Ross9adaman L found that the lack of site specific studies under the NRC licensing policy was seriously flawed
[
i and could lead to " catastrophic consequences."
- 1- In June,1994, an NRC inspection report finils continued QA/QC problems at Sierra Nuclear and -
determined that Sierrc Nuclear has "a lack of management commitment "
On August 2,1994, a Consumers Power initiated radiograph finds weld flaws on a VSC-24 cask e already loaded with highly irradiated fuel. A subsequent meeting between the licensee and the
- NRC on August 25,1994 at ERC Headquarters introduced problems with uajoading faulty casks where introducing 400 degree F. fuel to 100 degree F. fuel pool water will result in a radioactive steam flash and thermal shock to irradiated fuel in the dry cask This istue introduces problems with the unloading of faulty casks.
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._, _ ~ .- _ ,. _
4 3:_
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I By March,1995, Consumers Power identi6ed funher multiple cracking ivt the closure welds on the VSC-24 shield lids. This will not be acknowledged until an NRC inspection March 17 -27, 1997 identifies cracking at a VSC-24 cask at Wisconsin Electric Power Company's Point Beach p reactor. .
r .
, On May 28,1996, while loading irradiated fuelint'o a VSC-24 cask at Wisconsin's Point Beach I i nuclear generating station, borated water from the fbel pool electro-chemically interacted with
. the zinc liner of the VSC-24 design generating hydrogen gas. The hydrogen gas detonated when an arc welded used to seal the cask lid ignited the ' gas lifting the 3 ton shield lid into the air setting
- it upright on top of the cask. The accident initiated an NRC OfBce of the Inspector General L investigation into NRC staff criteria for safety evaluations and the vendor cenification and review -
process.
g ..
In June,1996, Consumers P.ower canceled its preparations to unload the faulty cask at Palisades because of the issue of hot radioactive fuel coming in contact with cooling water in the fbel will .
create a steam flash anil minuihanwunsly generate more explosive hydrogen gas,
- On July 5,1996 NRC ordered a halt to any funher loading of casks at reactors as a result of the
. galvanic reaction and hydrogen detonation at Point Beach. .
t i On October 18,1996, the citizen's group Dont Waste Michigan submitted a petition to the NRC h requesting an independent review of the VSC-24 design through the National Association of
. " Corrosion Engineers. Dr. Rudolph Hausler submits a report in support of the petition identifying
- that flaws in both the utilities' and the NRC safety evaluations of the VSC-24 design and .
' construction,. including the lack ofWh.al verification for temperature calculations and heat transfer a=====manen, all of which have potential adverse impact on the public health and safety.
4 The NRC rejected the petition as lacking sufBcient merit to warrant emergency enforcement ~
- , action. Dr. Hausler states that NRC is "stunningly ignorant on certain aspects the chemistry of -
i, metals." -. .
l . .
'=
, In an NRC inspection report dated March 17-21,1996, cracking is observed in the closure welds t t on inner and outer shields of fuel loaded VSC-24 casks at Palisades, Point Beach, and Arkansas '
. . -- Nuclear One units. The inspection identifies the root cause of cracking to involve unan+harized p weld repairs, the cask design, the welding environment and procedures.
- To date, NRC and the industry have not resolved the issue ofwhat to do with faulty casks 7 - ! where cracking of closure welds is observed on the loaded casks at these three nuclear power
~. stations. The NRC and the industry remain in a quandary without a strategy to unload irradiated .
fuel from failing casks. There are currently 19 VSC-24 casks loaded at reactors. Sierra Nuclear 4 and the licensees remain under NRC Confirmatory Action Letters with regard to any funher loading of the VSC-24 design.
Nuclear Information and Resource Service asserts that these problems and similar QA/QC problems with the VECTRA Technologies Inc. NUHOMs-52B dry cask system can be attributed
- to the lack of NRC aggressive oversight and enforcement ofits regulations and a rigorous
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cenification process;L Essentially, NRC has deferred it regulatory responsibilities to the industry
} that it is supposed to be regulating. NIRS cautions the NRC, the licensee and the affected 1-
' communities to not allow the these identified problems or similar problems to be repeated at the t 1 Yankee Rowe site, Therefore, NIRS submits: .
- 1) The NRC must be required to obtain an independent and reputable third pany review (such as I
the National Association of Corrosion Engineers) of all dry cask design systems as pan ofits I
certification process, ,
4 2) The current NRC licensing process for dry cask storage must be resended to require site I- specific reviews at d potential sites _with a complete Environmental Impact Statement and that such process will be opened to the right to a public hearing with fhlt adjudicatory review.
- 3) Yankee Atomic Electric Company must retain full liability for its nuclear waste generated'at Yankee Rows and that both a wet storage and hot-cell capability be provided for the full ~- +
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retrievability ofirradiated fuel in the event that a duly certi6ed diy cask develop problem..
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