ML19199A381

Stipulation of Contentions Per ASLB 750505 Notice & Order for Prehearing Conference.Certificate of Svc Encl

ML19199A381
Person / Time
Site:	Crane
Issue date:	05/22/1975
From:	Kepford C, Mcgurren H Citizens for a Safe Environment, Jersey Central Power & Light Co, Metropolitan Edison Co, NRC Office of the Executive Legal Director (OELD)
To:
References
NUDOCS 7905020002
Download: ML19199A381 (9)

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UNITED STATES OF AldERICA l

NUCLEAR REGULATORY COMMISSION p

BEFORE THE ATOMIC SAFETY AND LICENSING EOARD 4

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In the Matter of

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t METROP^LITAN EDISON COMPANY,

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uveket No. 50-320

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ET AL.

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(Three Mile Island Nuclear Station,

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Unit 2)

STIPULATIOl4 rF CONTENTIONS In accordance with the Licensing Board's May 5,1975 " Notice and Order K or a Safe Environ-f Prehearing Conference", the rep-2sentative of Citi l

ment and York Committee for a Safe Environment (" Petitioners"), counse h Co g any, for Metropolitan Edison Company, Jersev Central Power and Lig t

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, Company (" Applicants"), and Counsel for the NRC 2

and Pennsylvania Electi stipulating the form and scope of Staff (" Staff") conferred for the purpose t -

contentions to be asserted by the Pctitioner s.

The following contentions are now advanced in this proceeding by Petitioners h

~ All other contentions previously advanced by Petitioners are withdrawn ing herein !imits the rights of the Staff and Applicant to raise' object

o contentions other than those which go to the formal sufficiency of the conten-f f

tions under 10 CFR 5 2.714(a), and r.othing herein affects the burdens o pro 91 or of going forward with the evidence.

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The Parties. 561pulate

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,'bwi,g Contentions are Advanced in this Proceeding Contention 1 Petitioners contend that the Applicant has failed to consider the environ-9 mental impact on the atmosphere and weather of the combined thermal I

It is releases of the generation facilitics on the lower Susquchanna River.

contended that these releases will add a significant amount of energy to the i

local area to be dissipw I by radiation and co'nvection with possible.

alterations in the local climate. Petitioncis therefore contend that no

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operating license should be granted until such effects are discussed.

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Contention 2 Petitioners contend that the biological survey performed by the Applicant's consultant as amended by' Supplement II Environmental Report Operating i

Licensing Stage - Unit 2 is totally inadequate. It is littje more than a listing l

of species.which.nay be in the area. Such a listing. would prove absolutely worthless as a check on the before and after impact of TMI. Petitioners contend that a thorough survey is necessary, including population estimates on a year yound basis, to positively assess any possiMD E; pact of TMI on th'e environment. Pctitioners therefore contend *. O -

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- should,bc granted until such a study is made.

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O Contention 3 Petitioners contend that the design for tlce cooling towers is inadequate to withstand the carthquake or tornado that the rest of the plant is built to withstand. As a result, if this earthquake does occur and the main plant does withstand it, it is highly probable that the cooling towers will not.

The possibilitics then arise that either the plant will be shut down for 2 or 3 years while the towers are rebuilt or repaired, or the plant will continue If this to operate without cooling towers, using once-through cooling.

latter course were taken, it is highly likely that State water quality criteria-would be violated and severe environmental impacts would ensue (E.R.

8.5-D). It is therefore contended that no operating license should be

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granted TMI Unit 2 until the entire plant is capable of withstanding the' *

2 maximum anticipated carthquake or tornado or until an adequate NEPA '

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cost benefit analysis is conducted taking into account the impact of possible loss of the cooling towers.

Contention 4 Petitioners contend that the cost-benefit figures used by the Applicant are fallacious. In particular, the assumption that the unit will operate over its P

lifetime at-a capacity factor of 0.8 is totally unjustified in the operaung history of U.S. nuclear reactors. Through 1973, no reactor (U.S.) had l

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a lifetime average capacity of 0.8, and only two of thirty-seven licensed through 1973 cxceeded 0.7. The average capacity factor for all licensed reactors in 1973 was 0.55. Figur. ^ 4-1 s-sts that for ope-ation below

• 5200 hours0.0602 days <br />1.444 hours <br />0.0086 weeks <br />0.00198 months <br /> per year or a capacity factor of about.59, coal offers cconomic advantages over nuclear energy generation. Petitioners therefore contend that no operating license should be granted until the Applicant can justify in a factual manner its capacity factor assumptions.

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Contention 5 Petitioners contend that the containment structure, and other buildings designed to withstand certain aircraft impact events, are of inadequate strength to withstand the impact of airplanes which can be reasonably -

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expected to frequent Harrisburg International Airport. Both the Boeing l

747 and the Lockheed C-5A are reasonably expected to frequent Harrist rg International Airport and greatly exceed the kinetic energy set for the design t

considerations.

Contention 6 Petitioners contend that the environmental radioactivity monitoring program I'

of the Applicant is totally inadequate to accurately ~ monitor the dose delivered to the public during normal and accident conditions. Petitioncrs contend that only active, or real-time detectors can tell what the actual dose rate is.

Furthermore, an array of off-site, active detectors could greatly aid in l

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possible evacuaticn plans. Petitioners therefore contend that no operating license should be granted until the Applicant can provide a network of active radiation monitors.

Contention 7 Petitioners contend that the flood protection system for TMI, Unit 2 is inadequate. This is because the flood data presented and the floods designed for are based on historical data which do not include the intent-ional efforts of man to effect weather modification. It is contended that these efforts render the historical data of questionable value. As shown in Figure 2.5-17 of the Environmental Report, the dike system will not even withstand the probable maximum flood. It is therefore contended'

• s that no operating license should be granted until the effect of human efforts j

at weather modification are understood.

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. Contention 8 Petitioners contend that the warning and evacuation plans of both the Applicant and the C'ommonwealth of Pennsylvania are inadequate and unworkable. The "Three Mile Island Annex to the Pennsylvania Plan for the Implementation of Protective Action Guide" leaves littic doubt that many hours, if not a few days may pass before the members of the.

public in the low population zone or other members of the public at risk l

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might rcccive even the most elementary svarning of an accident. In parti-cular, in Part VIII,of the Annex, the Sequence of Events communication tree make no mention of any contn.,,2ncies t must be therefore assumi:d that all local and state officials involved are on 24-hour notice and can bc

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contacted immediately. It further assumes that all people notified will l

promptly react and know how to respond and are trained in what to do.

It also assumes that the public which has been assured that accidents are

" highly unlikely", " highly improbable", and so on, will respond and i

~ llow themselves to be evacuated. Petitioners therefore contend that no a

- operating license should be granted for TMI, Unit 2 until emergency and evacuation plans can be shown to be workable through' live tests.

t Contention 9 e

Petitioners contend that the releases of gaseous radioactivity exceeds the "as low as practicable" guidelines of Appendix I to 10 CFR Part 50. Systems exist and are in use for significantly reducing emissions from. Unit 2. In a plant of similar design (Rancho Seco), equipment is being utilized to

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reduce by a factor of 10 the releases of radioactive iodine from that ex-pected to be released from TMI, Unit 2. At the San Onofre, Unit 1, plant, a cryogenic system is used to reduce the releases of radioactive noble gases." These practicable, an'd workable systems, at modest cost, are e---

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. availabic to reduce by approximately a factor of 10 the cruissions of gaseous radioactive fission products from TM1, Unit 2. Petitioners con-tend that rio operating license shot.. be gr.ait.d for TMI, Unit 2 until such systems, or comparable ones, are installed.

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Contention 10 Petitioners contend that the discharge of chlorine from Three Mile Islar.d, t

Unit 2 will have an adverse effect on the water quality which has not been adequately considered in tue NEPA cost benefit analysis.

Contention 11 Petitioners contend that in its dose calculations the Applicant has ignor.ed

.e the effect of the cooling towers. Intcraction between the gaseous releases i

of radioactivity, in particular, radioactive iodine isotopes, and the cooling tower plumes can increase the thyroid dose by the cow:-milk pathway by up to a factor of 10. Such a possibic increase in the dose would exceed i

that allowed by the "as low as practicable" guidelines of Appendix I of 10 CFR Part 50. Petitioners therefore contend that no operating license should be granted until the Applic.rnt considers the effect of the cooling to vers on.

f the gascous iodine an'd reduces the releases as necessary.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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METROPOLITAN EDISON' COMPANY,

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Docket No. 50-320 ET AL.

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' (Three Mile Island Nuclear Station.

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2 Unit 2)

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CERTIFICATE OF SERVICE l

1 hereby certify that copies of " STIPULATION OF CONTENTIONS", dated May 22,1975, in the captioned matter, have been served on the following by deposit in the United States mail, first class or air mail, thin 23rd day of May,1975:

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- Edward Luton, Esq.,' Chairman Sidney G. Kingsley, Esq,..

. Atomic Safety and Licensing Board Atomic Safety and Licensing B6ard i

U.S. Nuclear Regulatory Commission U~.S. Nuclear Regulatory Commission Washington, D.C.

20555 Washington, D.C.

20555 Mr. Gustave A. Linenberger Karin W. Carter, Assistant Atomic Safety and Licensing Board Attorney General 1

U.S. Nuclear Regulatory Commission Office of Enforcement Washington, D C.

20555 Department of Environmental Resources Dr. Ernest O. Salo 709 Health and Welfare Building Professor, Fisheries Research Harrisburg, Pennsylvania 17120 Institute, WH-10 George F. Trowbridge, Esq.

College of Fisheries

. University of Washington Shaw, Pittman, Potts & Trowbridge

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Seattle, Washington 98195 Barr Building t

l 91017th Street, N.W.

Mr. Chauncey R. Kepford Washington, D.C.

20006 Citizens for a Safe Environment 108 N..Pershing Avenue Atomic Safety and Licensing York, Pennsylvania 17403 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.

20555

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2-Docheung and Service Section Atomic Safety and Licensing Office of the Secretary Appeal Board U 7. Nucicar Regulatory Commission U.S,. Nucleat Regulatory Coinmisr. ion Washington, D.C.

20555 Washington, D.C.

20555 i.

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5e cq.,f l-i Henry Jj IicGurren Counsel for NRC Staff e

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