ML19319C745
| ML19319C745 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 06/19/1968 |
| From: | Jensch S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 8003030859 | |
| Download: ML19319C745 (90) | |
Text
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UNITED STATES ATOMIC ENERGY COMMISSION i
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"8 IN THE MATTER OF:
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FLORIDA POWER CORPORATION is M 24192>
5 (Crystal River Unit 3D ema n as sanier Nuclear Generating Plant) 4 "b"
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om Docket No. 50-302 Place. Crystal River, Florida Date -
19 June 1968 Pa g e s....1-89 DUPLICATION OR COPYING OF THIS TRANSCRIPT 11Y Pil0T0 GRAPHIC. ELECTROSTATIC OR OTHER FAC5! MILE NEANS 15 PROHIB'TED BY THE ORDER FORM AGREEMENT gd
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om/wbl BEFORE THE I
UNITED STATES ATOMIC ENERGY COMMISSION S
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4 In the matter oft i
5 FLORIDA POWER CORPORATION Docket 1;o. 50-302 6
(Crystal River Unit 3 Nuclear Generating Plant) 7
.______________+
9 Auditorium i
9 Crystal River Elementary U:.:ool 705 N.E.
3rd Avenue, It Crystal River, Florida 11 Wednesday, 19 June 1968 11 The pro-hearing conference in the abose :ntitled is matter was called to order at 10:00 a.m.
14 BEFORE:
In SAMUEL W. JENSCH, Chairman, Atomic Safety and Licensing Board 14 DR. HUG!! C. PAXTON, Member 17 DR. EUGENE GREULING,!! ember 13 DR. ROLF ELIASSEN, Alternate Member 19 APPEARANCES:
30 EDGAR H. DUNN, JR., Esq., and HARRY A. DJERTZ, III, Esq., Florida Power Building,101 Fif th Street g,
South, P. O. Box 14042, St. Petersburg, Florida, Et 33733, and ROY B. SNAPP, Esq., 1725 K Street, N.W.,
Suite 512, 13 Washington, D.C.,
- 20006, on behalf of the Applicant, Florida Pouar 24 Corporation.
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T. T. TURNBULL, Esq., and BJARNE B. ANDERSEN, JR.,
i Esq., Assistant Attorneys General of Florida, 2
Tallahassee, Florida, on behalf of the State i
of Florida.
3 GERALD F. IIADLOCK, Esq., on behalf of the 4
Regulatory Staff, Atomic Energy Commissiot},
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4915 St.Elmo, Bothesda, Maryland.
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ALSO PRESENT:
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I WILLIAM WOMACK, Chairman, Board of County I
7 Concissioners, Citrus County, Crystal River, g
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2 CHAIRMAN JENSCH:
Please come to order.
3 This is a proceeding in the matter of Florida Power 4 l Corporation and is convened here at this time in accordance a
with the notice of hearing on application for a provisional I
a' construc' tion permit, which notice was issued by the United l
y; States Atomic Energy Cotamission on May 29th,1968.
I s;
This proceeding today is a pre-hearing conference r
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and will be conducted within the scope of the provisions of g
'1 Sections 2.752 of the Rules of Practice of the Atomic Energy
,o Commission.
Such a rule in reference to a pre-hearing con-g g
forence indicates that there will not be any evidence adduced I
or received c.t this proceeding.
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The notice of hearing issued by the United States Atomic Enerdy Commission stated that Florida Power Corporation had filed an application under Soction 104(b) of the Atomic Energy Act as amended for a provisional construction permit for a pressurized water reactor designed to initially operate I
at 2,452 megawatts thernal and is proposed to be located on a site available to the Florida Power Corporation on the Gulf of Mexico about seven nnd one-half miles northwest of the two of 21 Crystal River, Citrus County, Florida.
12 The notico stated that a pre-hearing conference would 23 be held by an Atomic Safety and Licensing Board at 10:00 a.m.
- 4 on June 19th,1968 in the Crystal River Elementary School ss a
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I Auditorium to consider matters provided for consideration in 2
Section 2.752 of the rules of practice of the Commission which 3
include, among other things, the following:
4; That a pro-hearing conference may be convened to a
consider first a siuplification and clarification of the I
e!
issues; I
7; Second, the necessity or desirability of amendments, I
a, if any, to the pleadings; o
Thirdly, the possibility of obtaining stipulations I
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and admissions of fact and of the contents and authenticity of documents which will avoid unnecessary proof; and y
Fourthly, the lim'.tation of the expert witnesses 3,
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and other steps which may te arranged to expedite the presen-y ;
tation of evidence, incl dine the Preparation of written testim ny and such other matters as may aid inthe orderly dis-is position of the proceedings.
g As herotofore indicated and as is apparent frem the I
L Section 2.752 of the rules of practice, this pre-hearing con-so I forence is intended to be concerned with procedural matters so that the time of the evidentiary hearing may be lessened I
j or at least.the evidentiary hearing can be placed more in Il :
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focus in reference to the issues or disputes or contentions 22 i O
I by or among the parties in this proceeding.
23 '
The notice of hearing also indicated the members of 5
the Atomic Safety and Licensing Board, namely, Dr. Hugh i
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i l Parton of Los Alamos, New Mexico, who is sitting at my.left; r
I Dr. Eugene Greuhling of Duke University of Durham, horth a
Carolina, who is sitting on my right; and the alternate tech-i 4.', nical member, Dr. Rolf Eliassen of Stanford University, i
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Palo Alto, California, who is sitting at my extreme right.
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My name is Sam Jensch, a llearing Examiner designated 7
by the Civil Service Com: mission and presently assigned to the t
af Atomic Energy Comission.
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9 No one of us en this Atomic Safety and Licensing it Board has had any prior association or connection with this 9
proceeding prior to the appointment by the Atomic Energy Con-p mission for this proceeding and since that time, our informa-is tion concerning this proceeding has been linited to those nj matters which have been made a part of the public record and are available for public inspection at the Public Document is I 3,
Room of the Atomic Energy Commission in Washington, D. C.
gy Any member of the public has a right to examine that public record.
3,
,l It may be added that we of the Board have with us i
what we believe to be the complete public record made to date by the filings by the applicant, that is, Florida Power Cor-I paration and the regulatory staff of the Atomic Energy Commis-3 si n.
The documents that we have here with us are likewise' u,
I available to any member of the public;if he or she desires to 3
examine those records, we will make them conveniently y
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available to any member of the public.
There has been prepared by someone and left on the k1 1
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table before us a proposed agenda similar to that which is For the generally considered in pre-hearing conferences.
4 members of the public who do noti have copies thereof, I will 5
just enumerate those items so that they may be informed as to o
the progress of the matters we will take up at this pre-7 aj hearing conference.
In a few minutes, inquiry will be made as to the I
s appearances by the parties present here, I
Secondly, we will inquire concerning if there are g
persons who desire to make a limited appearance or who desire g
to Participate by way of formal intervention in this proceed-12 i
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ing.
y Then we will inquire as to the suggestions of the It la!
Parties as to the proposed manner in unich they will present their evidence, and the manner in which they will have their g
witnesses available and likewise, we will request identifica-ts i tion of the principal witnesses who will be cr.11ed by each of 13 the parties.
As the rules of practice also provide, particularly at pertinent to an applicant that in the presentation of its case it will often reduce to writing the intended evidence that a 2s i
witness will present in support of the application.
Arrange-ments will be made in regard to that type of presentation and 1
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.I exchange of such pre-hearing written testimony upon all of the f
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parties so that they may be informed prior to the hearir; and 5f need not utilize time at an evidentiary hearing for study I
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4l before undertaking cross-examination but will assist the par-f l
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-,.. s. u,3 ties to proceed to cross-examine if they desire any of the j
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a
-a m f
,j witnesses, I
yl This Board will also then inquire for a general
,j summary statement by both the applicant ai.i the staff of the j
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, significant safety matters that each envisions to be pertinent to this proceeding, and the Board will indicate some concerns g
ul it has had in the application and the presentations that have been nade so that in the interim between this pre-hearing conference and the evidentiary hearing which is scheduled to i
convene on July 16th, 1968, in this same room in Crystal River; the parties will have a chance to undertcke such further preparation in reference to those concerns that the Board may indicate at this pre-hearing confr rence.
t 18 The Board, it may be noted, may likewise indicate te l
further concerns at the evidentiary hearing.
The pre-hearing conference will conclude with such arrangements as can be made with reference to such closing at matters for the evidentiary hearing such as transcript correc-t2 !
I tions and submission of proposed findings and conclusions, 23.
l In that 14 -
regard the Board would call the attention of the par-ties to this proceeding to its desire that the proposed finding s a<
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I and coaclusions intended to be submitted by the parties reflect e
the concerns of the Board as may be indicated either at the B
pre-hearing conference or at the evidentiary hearing, and that I
l the come. cats and s'uggestions and proposals by the parties in j
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.rcierence to the concerns by3the -Board be -reflected in the.
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proposed findings and conclusions which uill be requested from 7
the parties at the conclusion of the evidentiary hearing which e
is scheduled to convene July 16th, 1968.
2 s
In reference to the evidentiary hearing, information to has been received by the Eoard this morning that there is a y
possibility that the place of the evidentiary hearing scheduled gg to convene on July 16th, 1968 may be at some location other I
ts than this school room and
'.f so, a formal order will be issued l
I in reference to such a change.
Notification will be made in g4 the 15{
Federal Register and general public notice will be given to all Persons whose names are known, so -hat adjustment in le 1
37 plans can be made accordingly.
We are hopeful, however, that gj such a change will not be necessary and until you are so ad-vised or until any member of the public is so advised, the public can now be informed that we expect to ccnvene the evi-dentiary hearing on July 16th, 1968 in this same school room here in Crystal River.
With that by way of preliminary let us proceed to I
the matters for consideration at this pre-hearing conference.
It might be indicated before calling for a statement 12
9 I
of appearances that the notice of hearing also provided that E'
if there is not a formal intervention in this proceeding 3
opposing the application of the Florida Power Corporation, a
4 the Director of Regulation of the Atomic Energy Commission
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5-proposes.to make findings 'in ;.accordance with the -items set a'
forth in the notice of hearing and if there is, therefore, not a formal intervention opposing the application, the scope e
of review in this proceeding will be whether there are ade-f f
e quate data within the application to support the request made i
10 by Florida Power Corporation and whether the review by the o
regulatory staff of the Atomic Energy Commissi in has been adoquate to support the findings proposed to be made by the
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,3 Director of Regulation.
l 14 If there is intervention in this proceeding opposing l the request of the Florida Power Corporation, then the find-18 16 ings by this Board will be those which are specified in the 37 notice of hearing and consistent with the requirements of the i
I Atomic. Energy Act as amended and consistent with the require-i monts of the Administrative Procedure Act as amended by the Atomic Energy Act.
g Without further statements by way of introduction, g
inquiry is made at this time, is there an appearance on behalf I
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.n of the Florida Power Corporation at this nre-hearing confer-g
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MR. DUNN:
Mr. Chairman, applicant's Counsel --
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1 Cl! AIRMAN JENSCll:
Will you stand, please, so we 2
may hear you better7 3
MR. DUNN:
Applicant's Counsel consists of Mr. Edgar
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H. Dunn, Jr., Mr. Harry A. Evertz, III, and Mr. Roy B. Snapp.
4 Cl! AIRMAN JENSCll:. Would you give the address,of
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each, please?
MR. DUNN:
It is on the appearance that the orpli-y cant filed formally in these proceedings, Mr. Jensch, but I a
can get a copy and read it to you.
l The address of Mr. Dunn and Mr. Evertz is 101 Fifth ig Street, S uth, St. Petersburg, Florida.
it Mr. Snapp's addrcss is 1725 K Street, Northwest, i
Suito 512, Washington, D. C.
u CIIAIR?!AN JENScil:
Thank you, sir.
tol Is thcre appearance on behalf of the regulatory g
staff of the Atcaic Energy Commission?
MR. liADLOCK:
I am Gerald F. Hadlocx, Mr. Chairman, gy Counsel for the AEC regulatory staff.
My cddress is the United States Atomic Energy Commission, 4915 St. Elmo Street, le Bethesda, Maryland.
l CilAIRMAN JENSCil:
Thank you, sir.
21 Mention was made in the introductory statement that l
inquiry will be made at this pre-hearing conference in refer-ta l
ence to persons desiring to make a limited appearance at the 24 -
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evidentiary hearing.
Also, inquiry will be made in 2B I
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1 reference to the desire or the intention of any person seeking t
to participate in this proceeding formally by way of inter-S
,vention.
This inquiry at this pre-hearing ccn'erence will be
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4 for scheduling purposes only.
Thie, proceeding will not re-i 5
ceive any statements from tho'se seeking to make a limited
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e appearance in the same manner that no 6ildence wi14 be re-I 7
ceived in this proceeding but schedules will endeavor to be e
indicated for all such ratter for the evidentiary hearing.
s It may be noted that there have been filed in the to Public Document Room after ha*/irg been transmitted to the 3,
Secretary of the Atomic Energy Commission certain letters from 12 several persons stating that they aid desire to present state-13 monts by way of limited appearance.
And in reference tothat g
let me explain that the Atomic Energy Commiss'.on has provided 16 by its Rules of Practice two nethods by which persons may par-g ticipate in a proceeding.
37 One is by a limited appeprance.
In that procedure, 3, j the person making such a statement in accordance with a
,, f limited appearance does not become a party and does not have the right to cross-examine any of the witnesses nor adduce evidence, but such a person may make a statement in reference to this application, expressing his or her views in reference to the matters presented, indicating their comments or possibly g,
indicating concerns which can then be considered by the appli-can, the Florida Power Corporation here and the regulatory 25 j
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1 staff of the Commission in reference to such further presen-t tations that they may desire to make in reference to such a
expressions of concern.
4 The other method of participation provided by the S
Rules of Practice of the Atomic Energy Commission is by way of i
g formal intervention which is provided _for not only by the
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y Atomic Energy Act but the Rules of Practice of the Commission, that if a person has an interest likely to be affected by the
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.s outcome of the proceeding and which is so indicated by a veri-p, fled document filed with the Commission to the Secretary of the 3,
Atomic Energy Commission or would be filed with this Atomic it Safety and Licensing Board, then after a consideration of such a formally verified petition, the parties have an opportunity is g4 to answer in reference thereto.
The matter will be considered la by this Board as to whether intervention can be Branted in ta accordance with the Atomic Energy Act and the Rules of Prac-gy tice of the Commission.
3, With that explanation of the procedures, are there persons here who seek to present statements at the evidentiary 3,
hearing which will convene on ?. v 16th, 1968?
If so, will 3,
y u kindly stand and give us your name, please, and address.
2 '.
MR. WOMACK: My name is Bill Womack, Chairman of the
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County Commissioners of Citrus County.
And we have filed for 3
8PPearance at this meeting, a formal notice being filed for 24 thirteen gentlemen in this area, the Crystal River area.
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1 CHAIRMAN JENSQl: Who desire to mako statements at i
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the evidentiary hearing?
s's MR. WOMACK:
Who desire to make statements at the l
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hearing.
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s f, CHAIRMA'{ JENSQl: Very well.
I MR. WOMACK:
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g p d_also.to give some testimony at this
.7 hearing, if we may.
l ei We understand that the Atomic Ener2y Commission is i
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only interested, of course, in the public safety and for 1
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to national defense as far ac you are concerned at this hearing
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here.
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01 AIRMAN JENSCH: That is correct.
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13.f MR. WOMACK:
So of course our dissertation will go t
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Past that period into what we are really interested in.
That la goes into the environment of the Gulf of Mexico, and as I t
understand it, the Atomic Energy Commission is only interested te in the environment of man Section 20, I believe it is
.,g Called.
g But we would like to go into the effects of what it i
would do to the environment of the marine life in the area concerned.
CHAIRMAN JENSCH:
Well, the public health and safety u.
aspects consider possibilities of radiological releases, either gaseous or liquid.
gy MR. WOMACK:
That is into the atmosphere, I 3,
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.1 understand.
.2 CIIAIRhfAN JENSCH:
It can be liquid releases which 3
nay or may not, depending upon the evidence adduced here, I
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affect the public health and safety.
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But indication can now be given by this Board that
_ y provision will be made at the evidentiary hearing for..the 7
receipt of statements from those persons seeking to present a
statements under limited appearance.
But no special notice a
will be given to any persons desiring to make a statement by way of limited appearance.
They must be informed of the 9,
progre.ss of this proceeding, and public notice is issued in g
reference therato.
g It is customary to request that such statements be g
presented prior to the presentation of evidence so that if g
there aro expressions of concern they may be presented.
So in that if you, sir, are in touch, or are acting as a group leader who desires to make a limited appearance, will you g.
undertake the responsibility of informing them to be here, or at whatever location, on July 16th?
MR. WOMACK : They have been informed through the mail already and of course, we have an attorney who has filed through the regular channels of the Atomic Energy Commission prior to, I think, the 14th of this month which was the dead-line date.
24 Do we have a chance to make any statecents at this i
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3 meeting or do we not?
CHAIRMAN JENSCH: This hearing is intended to be s
procedural and to make schedules for the presentation, not only-4 of the evidence but of the statements which will be received 5l at the evidentiary hearing, and likewise to consider any 6.
procedures that may be necessary if there is a written peti-7 tion or if there is an order granting intervention in this 0-proceeding.
D-And if there is no objection by the parties, the 10 number of people who may speak at such evidentiary hearing is and may make sur.h expressions of concern or interest as they it desire can be expanoud to the extent that they believe that is.
they would like to express their concerns in reference to this 4
application, so that the number need not be limited by what is.
heretofore may have been indicated.
As I say, if there is no te.
objection, if it doesn't unduly extend the proccedings by 17 merely repetitious presentations, this Board will make arrange-go monts to receive all such statements under a limited appear-33 ance.
ge May I add, you have said something about presenta-tion of testimony.
Do you understand that the Rules e l 12 Practice do not permit the pt:sentation of evidence or testi-g3 mony under the procedure for limited appearance; that such l
Presentation of evidence can be made only through the proce-24 23l dure of formal intervention 7 4
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1 MR. WOMACK:
We have filed for both, sir.
I am sure 2
of that.
Our lawyer did.
8 I will read you a paragraph in here.
It says--
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4j This is to the Atomic Energy Commission.
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"This appearance is made for the purpose
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6 of affording the County of Citrus and the aforemen-7 tioned individuals a reasonable opportunity to par-a ticipate and to introduce evidence, interrogate wit-9l nesses, and advise the Atomic Energy Commission, if to and when it is deemed necessary, in the interest of n
the County of Citrus and the affected area."
sa That is what we field with the Atomic Energy Commis-H I
sion.
l
- 2 ta CilAIRMAN JENSCa
Now the Rules of Practice do not is permit granting all that you have requested unless you proceed isl by way of formal intervention.
Now, if you have not under-I I
a stood the procedures in that regard, this Board will take the i
ts ;
liberty of making available to you Staff Counsel for the Regulatory Division of the Atomic Fuergy Commission who sits l
in front of you.
We generally do this when we are in hearings go 21 and persons have indicated some desire to know further concern-a ing the rules.
f We have always asked the Staff Counsel to assist 23 24 such persons who desire that information.
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MR. WOMACK:
It is my understanding and I think l
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the understanding of most of the people here that this was a
a public hearing, and there didn't anyone have to have any a
special permission to speak.
1 4
CJIAIRMAN JENSCH: This is a public pre-hearing con-3 forence.which is intended to try to, work out procedures and schedules which will assist the presentation of evidence and 7
the exped*c ous dispatch of the business of the evidentiary j
e hearing.
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1 The public is invited to this pre-hearing conference at and is encouraged to indicate their interest in making either a limited appearance or, if their interest so indicates, a formal petition by way of intervention, so that they can j
4 Participate in accordance with the Rules of Practice of the 5
Commission.
e Now as I have indicated to you, under the limited 7
appearance the statements are not under oath by such g
persons; they are expressions of concern or interest or g
views which may be stated at the public hearing, and the g
parties will then have an opportunity to consider if they g
desire to adduce evidence reference to the concern so expressed; or, likewise, the pre-hearing conference will
,3 4
consider if there is any formal intervention.
y 1
!!R. WOlGCK:
In plain words, can we or can we not 13l
- sf 8 Peak?
CIIAIR!aN JEUSCll: You may speak,with encouragement,
,7 at the evidentiary hearing on July 16th.
We are inquiring generally now how many people there may be who desire to so speak.
And we will set up the schedule to assure you that you may speak on July 16th.
My main purpose personally this j
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morning was to compliment the AEC on this theoretical i
construction and protection of the humult which I think is
.g l a marvelous document.
But that is not what we are really l
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interested in.
R CHAIRMAN JENSCH:
If you are expressing your 3
gratification please include the Congress, because the i
4 congress is the organization which set up the structure under i
5 which we operate merely in conformity with its directions.
f 1
a MR. WOMACK:
I must say, it couldn't have been 5
7 one genius, it must have been staffs of geniuses.
It's the 6
moet complete document, the most theoretical doonnent I have 9
r.sver read -- and I've read a lot -- for the safety of the to public.
g I think the Advisory Co:anittee on ReactorSafe-a guards, from the foundation, I would say, right on through 12 to the very end of the channeling, and all of the monitoring IA systems, is fantastic.
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CHAIRMAN JENSCH:
I'm sure the Counission will be
.,3 to grateful to you for your expressions.
17 If there is nothing further that you desire to
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adduce at this time we request that you withhold your state-3, cent until the July hearing.
And if you desire to have g
supporting you, or assisting you, others who will make state-a ments under limited appear:ance, we will arrange for that 21 presentation in July.
a MR. WOMACK:
It has been formally filed through g
the Atomic Energy Comtnission as prest-ribed.
24 CHAIRMAN JENSCH:
Thank you, sir.
28 4
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If we do not again specifically call your name, I
we request that you stand at the evidentiary hearing and a,
canort your desire to make a statement; and the others do 4l likewise.; so that we will assure you that we will receive I
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the..statriments from you and all others sNMarly situated, e
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exprensing their concerns and views.
J pf Thank you.
3 Is there any other person who desires to --
3 MR. DUNN:
Mr. Chairman, Mr. Womack's counsel is l
not here.
His counsel, on behalf of Mr. Womack and his 33 l
people, has also filed another document in this cause, which g
is entitled " Request for a Limited Appearance.'"
Am I to it construe from his statements and your ruling now that these 13 two documents shall be construed as an agreement that they 34 can appear as limited appearances?
15 CPJLIRMAN JENSCH:
Yes, that is correct. The go request is granted forta limited appearance presentation.
g7 That is the only document with which I am familiar.
16 MR. HADLOCK:
I think, Mr. Chairs:an, that the g,
documents to which Mr. Womack referred are the documents g
filed by Mr. Charles B. Fitzpatrick, both of which are at dated Juno lith.
One is a request, clearly a request for u
a limited appearance, and the other one is entitled " Notice g,
of Appearance" in which he does make the statement that the g4 appearance is made 'for the purposeof affording the County of 28 5
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Citrus and the aforementioned individuals a reasonable oppor-l
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4 tunity to participate" -- and so forth - as Mr. Womack j st 8
read.
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I think it would be desirable if we could clarify e
exactly what the intent was, and whether they are now seeking i
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e simply to make a limited appearance and not, perhaps, as 7
the other documant might indicate, participate more fully than' k
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a limited participant can.
l 9
CHAIRMAN JENSCH:
The Board is familiar with the i
documents to which you refer, and has given consideration to to n
these letters prior to meeting here this morning.
n In the view of the Board, the papers which have sa been filed are limited to a request to make a limited 14 appearance; and upon that basis only the ruling is made that 15 presentation can be made by those parties through limited 16 appearances.
17 None of the documents comply W.th the Rules of is.
Practice of the Atomic Energy Commission in reference to formal intervention.
And if there is an attorney assisting 3,
go Mr. Womack and the others, I would urge that attorney to contact Staff Counsol of the Regulatory Division, who can 21 advise in further detail concerning the procedures envisioned
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22 g3-by the Rules of Practice of the Commission.
i 24 MR. HADLOCK:
Mr. Chairman, I might add, for the 26 record, that I stopped at Inverness yesterday on my way to i
l
22 eb5 I
Crysul River and talked at length with Mr. Fitzpatrick and 2
explained the procedures to him. And it was my understanding
(
l S
that that is what they requested, the right to make a limited 4
appearance. And I wanted the record to be straight in that i
15 respect.
a CHAIRMAN JENSCH: We are happy to have that state-f f
ment.
It was the determination of the Board that the e
e documents had intended to be in reference to limited appear-go ance, and the ruling is made only that a limited appearance is granted in accordance with the request.
. If MR. DUNN: Thank you, Mr. Chairman.
39 CHAIRMAN JENSCH:
I saw another gentleman's hand
, g3 g
in the back.
VOICE:
Sir, we have trouble hearing the proceedings g
back here.
And we are interested.
But when they address 18 the Chair we can't hear a thing they say.
gy CHAIRMAN JENSCH:
I will ask each of the attorneys to to please stand, if they will, please, in making any statement, 7 3,
so that all persons may hear the statements that are being made.
g I am very happy to have you indicate your difficult) u in hearing, because we want to be sure that everybody does g
hear all that transpires in these public proceedings.
These j
. g4 Proceedings are convened for the purpose of informing the 28 i
t l
.-o
23 eb6 i
i t
1 public and making them acquainted with the progress of these 2
matters.
3; MR. ROGERS: My name is Lymen Rogers.
I em
(
'{
.4 Chairman of the Governor's Natural Resources Cmunittee of Florida.; I have not had an opportunity to talk with
.. u 5
- .7 y_
6 Mr. Womack as yet, but I would like to address him across
.y the room and ask if I might be a part of your agenda plan.
If not, I will request a separate opportunity for a limited l
3, appearance at this next meeting.
,33 would it be acceptable for me to join your group?
I i
MR. WONACK:
I think it would be best, Mr. Rogers,
.g p
if you went through a separate process; because, as I undet g
stand it, here we have not asked for just limited appearar 3,
g3 we have asked for reasonable opportunity to participte and u
to introduce evidence, and to go through the regular channel g
in pursuance with 10 CFR, Part 2, Section 2.715 (c). And this g
is filed through an attorney, Mr. Fitzpatrick, and it was sent -
37 in Prior to the desdline date, which was June 14th.
t, g!
So I don't understand your statement that we have p.j just a limited appearance.
l i
e CHAIRMAN JENSCH:
The document to which you refer, g.
i[
sir, does not comply with the Rules of practice specifying the content of a formal petition to intervene.
And Staff Counsel can assist you in explaining the requirements of such y
a formal petition.
e
24 eb7 3
There is no intention to limit your presentation 2
except that it must be in accordance with the papers that you 3
have filed.
This Atomic Safety and Licensing Board has 4
construed your documents to be solely a request for limited f
5, appearar..e.
Any other presentation by you or your group i
I 6'
murt be in accordance with the Ruleo. And if you desire to 7
'Aake any further presentation the Board will give considera-a tion to such a document as you may file, and after which the s
parties may have an opportunity to express their views i
concerning any further submittal that you folks may file.
to gi There is no intention that you do not receive i
12 what you seek.
But what you request must be in accordance is with the Rules.
Tais Board has determined that your documents
- 4 are a request for a limited appearance only.
Such a ruling 15 is without prejudico to any other proceduro you may under-3 gg take.
gy It is not necessary, Mr. Rogers, that you associate la yourself with any group here.
MR. TURNBULL:
Mr. Chairman, --
9, CHAIRMAN JEINSCH:
Any person making a limited g
appearance may stand on his ow:2 behalf.
Therefore it is 21 not necessary that you seek permission froma Mr. Womack to
(
21 23 Participata.
If you desire to make a statement by way of g
limited appearance in this proceeding, the Board would be
(
25 clad to set up a schedule for such a presentation.
I
n 3
1 2s n
eb8
[
MR. ROGERS:
I understand fully, and appreciate s.
I h the reed for the formality of these meetings, or these i
(
s s.'
hearings.
However there is a problem that I would like to 3
(-
I 4
call attention to'es a citizen and as representing the i
l l
5 Governor's C.1amaittee.
We cannot appear except by limited i
s appearance, and if we wish to go further we have to make a I
7 further request.
I
- h But how can we possibly determine whether we need 8
to go further, since we have no concept or idea of what you 1e have available to us?
11 For an example, our Committee is primarily interested 11 in the environment and what might be caused by the tiiermal 13 pollut: ion.
We have no way of knowing if any research has l
14 been done at this point right now to give evidence that'this is thermal pollution will not be determined. Therefore we don't is know how to build either a case or a request, or make a 17 presentation. We have no idea what you have to offer.
is How can we ask for a second stage in this hearing is if we don't know what you have.
If you have ta*.en care of as all this, we don't need it.
3:
MR. TURNBULL:
Mr. Chairman, if I may, I believe I O
can clear this up for i(r. Rogers.
2
(
1s CHAIRMAN JENSCH:
This Board is not offering any I
34 evidence.
The Board has received copies of documents which l
(*
25 have been filed for some time in the Public Document Room.
l 1
26 eb9 I
Those documents have been available to you.
They are bere
~2 in this room and are likewise available to you.
From those 3
documents you may discern what has transpired and what s
4l position you desire to assert. This Board cannot advise you j
s in that regard. You must begaided through your own counsel.
e on the question of. thermal pollution, if th t, 7
term is intended to refer to the quantities or amounts of a
additional heat that may or may not be released to the river s
or Gulf or bay or any other body of water, the Atomic Energy so Commission has determined that under the law as passed by tha Congress jurisdiction has not been granted to the Atomic 1g u
Energy Commission to make provision in reference to the 13 additional heat, if any, that may be released to the water-3, ways.
33 Now that is a statement of position of the is Cnannission.
37 You may also be advised that there are some proceed-ings before the Congress now in reference to some considera-18 g, i tions in that regard.
You are directed to a review of those matters so p
that you may advise yourself as to the position you desire 21 to take.
We will make available to you here all documents a
we have which have been filed in the Public Document Room, 2s and we will make them available for your review at any time y
convenient to us and to yourself.
3 I
O
'^
l h
t
~ - -
1 1
f i
ebl0 i
'I MR. ROGERS: Well I would say, in view of this, 3
j 8
and not knowing at this point, I have to make a dacision at 3
l this point, not knowing, since I haven't read the documents;
+
4 but I would like to apply for the second stage -- however you J
8 refer to it -- for appearance.
And I would like to know what
'I must go through to have this priv'ilege.
f s-7 CHAIRMAN JENSCH:
Are you a lawyer?
3 MR. ROGERS:
No, I am not.
s 1
9 CHAIRifAN JENSCH:
Perhaps Staff counsel can assist j
te -
you in reference to the Rules and the scope of the procedures 45 available to you. This Board cannot undertake to advise you.
12 MR. ROGERS:
I'm not getting any answers here.
is I'm not satisfied.
I want tr know what I have to do to 14 appear to represent Governor Claude Kirk's Committee in is this hearing.
And I want to know now.
I don't want to know is next week.
17 MR. TURNBULL:
Mr. Chairman, if I may speak --
CHAIENAN JENSCH:
This Board sits in an adjudica-18 tory capacity and not in any advisory capacity. We will tg make the Rules available to you and to your counsel, ud we ao will. make the statute available to you.
staff Counsel will at.
l-22 likewise advise you.
If you are unhappy vith the fact that this Board 2a ze will not advise you, it is because of the limitation of the 25 work that we undertake.
We do not purport to advise people
\\,
I g
.1 l
I 3
28 ebli I
how they proceed in these pr= M ags.
We will make all the 2
information available to them. And if Governor Kirk's co:maittee has a lawyer, it may be that such a lawyer can 2
4 assist you in the position you should undertake.
We cannot I
5 advise you what you should do.
We will be glad to tell you all we have available a
'and to let you make your own decision, or have your counsel 7-a assist you in making the decision you make.
i 9.
You say you are not getting the answers, and i.t 3e is because the doct= ants have not been reviewed by you.
And they have been available for your review,and will continue
)
n
{
.n to be available for your review.
1 u.
MR. ROGERS: Where?
l
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14 CHAIRMAN JENSCH:
I have them in the back of the You zaay turn to them now and revxew all of the a
room.
documents which are in the Public Document Room which we l
.ts ;
l 37 have received.
MR. WM Mr. Chairman, might I point out 18 for the record that these documents - this applicat on, and g,
every part of the public record -- are sent directly to go, Governor Kirk from the very beginning.
Be had copies as 21 soon as the AEC Staff had copies.
And they have been avail-gg able to Mr. Rogers for the entire time in which they have 23 been on file in the Publio Document Room.
g4,
MR. TURNSULL: Would you ask Mr. Jansch to 25
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6 4i i
I e
8
l
,___I
?
r e
obl2 29 I
recognize me for just a nament, sir?
l 8
Mr. Jensch, sir, I have listand to Mr. Rogers--
8 CHAIRMAN JENSCH:
Would you state your name?
[
4 MR. TURNBIEL:
My name is T. T. Turnbull.
I'm i
5 the Assistant Attorney General designated by the Attorney i
1 e
General to represent the State.
And I have with me app ar-i 7
ances for the Governor of the State of Florida.
And if 1
Mr. Rogers would just talk with me I would be delighted to e
\\
I s
give him all the information he needs.
to CHAIRMAN JENSCH: We cannot aske this request in this hearing.
tt MR. TURNBIEL:
I understr.nd.
13 CHAIRMAN JENSCH: But I am sure he has heard 14 that request, and I will have to leave it to him to guide is himself.
se MR. TURNBULL:
All I tranted to do was simplify the procedure and let the Court know, since you passed me n
once before --
is CHAIRMAM JENSCH: Sirr there was no thought of O
to passing you.
I think what we sought to avoid was an inter-ruption by you of a conversation I was having with Mr. Rogers.
gy You are called upon and requested to make any 22 statement you desire. There was no intention that you 22 statement be limited. It is just that we didn't want the g4 interruption at the time you wanted to make it.
g 4
c 2
ebl3 30 t
I will you proceed, p1=ama.
2 MR. TURNBULL:
Yes, sir, I will be delighted to a
proceed.
1i 4
CHAIRMAN JENSCH: Thank you.
I 1
5 MR. TURNBULL:
For the record, and so the people l
I i
i e
in the audience can hear me, my name is T. T. Turnbull, the i
7 Assistant Attorney General assigned by the Attorney t'a==ral to represent the State of Florida, including these people:
j 8
8 The Governors the Air and Water Pollution Control 10 Commissions the Board of Conservation; the Game and Fresh i
i' tt, ' Water Fish Division; the State Board of Health; the Public l
11 Service Ccamission, and the Board of Forestry.
u I would propose, sir, to be permitted to present 14 evidence in the form either of statamente iu writing or, in 18 the alternative, an oral statement by the Governor and by i
it one or more other public officials, incinMng, perhaps, 17 Senator Holland, the Congressman representing this District, se and the Attorney General.
33 I thint, sir, -- and I apologize if I appeared to ze be rude to your Honors I certainly did not intend to do that; i
at i
but I think that now possibly the problem of Mr. Rogers' 23 may be settled, not before the Commissico but with Mr. 2ogers and with me jointly conferring.
as i
24 And I invite you to confer with me, Mr. Rogers.
f25 MR. ROGERS:
Thank you.
I'm very happy that you i
i e
obl4 31 1
took the steps that you have.
2 Thank you very such.
l 8
CHAIRMAN JENSCH:
Mr. Turnbull, your attention 4[
is directed to Section 2.715(c) of the Rulee of Practice 3
of the Atomic Energy Coasmisson, which guide this Atoutic
't Safety and Licensing Board in the conduct of proceedings.
,1 y
It provides that the Board will afford a representative of a
an interested State which is not a party a reasonable oppor-i g
tunity to participate and to introduce evidence and to to interrogate witnesses and advise the revenission without requiring the representative to take a pcsition with respect to the issues.
in 33 Is your request pursuant to that section of the 14 Rules?
l MR. TURNBULL:
I made notice of appearance pursuant 15 33 to that sec, tion, sir. And I request that I be permitted to appear pursuant to that section.
97 18{
CHAIRMAN JENSCH:
Very well.
I
,[
Is there any objection by the Applicant?
MR. DUNN:
No objection.
3 CHAIRMAN JENSCH: The Staff 7 MR. HADLOCK:
No objection.
CHAIRMAN'JENSCH:
Your request is granted.
And
,3 at the evidentiary hearing you may proceed,in accordance u
with the Rules, to introduce evidence, interrogate witnesses,.
g t
4j
. _.'f I
32 I
ebl5 I
and advise tts C - ission without requiring you to take a 8
poM tion with respect to the issues.
3 MR. TURNBULL:
Thank you, sir.
i 4
MR. WOMACK:
Sir, our request was filed under that f
5 same section prior to the deadline date, which was the 14th, -
q.
y s
for this representative group from Crystal River.
However it j
7-was filed with the United States Atomic Energy Commission under all the Rules set forth.
And I don't know how you i
s hrwe interpreted that we have a limited appearance. It's 4
18 the same way it was filed by the State.
l 11 Now I have been advised by the Atemic Energy It Comission that I,as the Chairman of the Board of County 13 Commissioners, do have the right to appear through another 14 document.
I am not on this one, you see.
But I do have a 15 right to appear and to introduce evidence and interrogate to witnesses, and so forth, as a County Cen=missioner.
This other document was filed in accordance with 17 all of the rules that were set forth by a lawyer prior to te the deadline date, which was this month, June 14th.
19 po CHAIRMAN JENSCH:
Let me just read, Mr. Womack, Section 2.714 of the Rules of Practice.
And you understand gg that this Atomic Safety and Licensing Board must conform to j.
22 the Rules of Practice of the Crummission, do you not?
23 24 MR. WOMACE:
I understand perfectly.
25 CHAIRMAN JENSCH:
Section 2.714 provides that I
1
ebl6 33 "Any person whose iterest muy be affected I
by a proceeding, and who desires to participate as a 3
party, shall file a written petition under oath or t
\\
4 affirmation for leave to intervene not later than 5
seven days before the. can==noement of the hearing, or 6
within such other time as may be specified in the j
i 7
{
notice or as permitted by" - in this case -
"the 5
Atomic Safety and Licensing Board.
The petition 8
shall set forth the interest of the petitioner in to the proceeding, how that interest may be affected ni by comunission action, and the cor.tentions of the u
petitioner.
is "A potition for leave to intervene which 14 is not timely filed will be dismissed unless the is petitioner shows good cause for failure to file it is on time."
17 Now your docu aant which you filed did not comply ss with that section of the rules.
is MR. WOMACK:
It was filed on time.
23 CHAIRMAN JENSCH:
It may have been filad on time 21 but not in accordance with form or content.
j 22 New as I under tand --
23 MR. WOMACK:
2.714 cancels 2.715, in other words?
24 CHAIRMAN JENSCH:
No, sir.
2.715 refers to the 25 participation by state officers.
Mr. Turnbull is a state k
l 1
l l
I.
l s
34 obl7 officer, fross his statement, and, in accordance with his I
af statement, meets the requirements of that section of the rule.
f 3
Now as much as we want to be of assistance to you, sir, the rules do not permit us to vary from the terms of
}
4 I
- S; the rules.
s MR. WO'4ACK: Whnt about a county official?
t y
CHAIRMAN JENSCH:
It is not provided in the rules.
But it does not deny you the right to make a formal petition l
s l
3 by way of intervention.
And if your counsel has been in i
consultation with the Regulatory Staff, I'm sure he can l
to assist you now in the difference in the procedures which gg the Co:nmission has provided, 11 The Co::: mission is not seeking to preclude parti-f3 14 cipation by any party.
But in fairness to the parties, so that they may be advised, these rules have been adopted 15 so that the matter can be placed in focus by conformity to a 14 gy procedure.
And I urge you to again confer with your attorney 13 who, as I understand it, has been in consultation with the j,
Regulatory Staff Counsal.
g If you have any further questions we im ite you 21 to either write us, with copies to all parties, or again l
2 appear on July 16th, 1968 at the hearing, and we will give g
further consideration to the matters that you may present at 24 that time.
a i
1
f I
35 ob18 Will that be agreeable?
MR. WOMACK:
I have been notified that I will have I
1 3
the right to appear, so--
l-(
4 CHAIRMAN JENSCH:
Well, if there is any other l
S manner in'which you desire to participate, please confer f
i with your counsel and let him take whatever steps he believes a
I 7
will adequately present your concern.
l l
s will you do that, sir?
9 MR. WOMACK:
Yes, sir.
4 1e si i
13 14 15 16 11 18 1
19 i
B.
i j
21 i
22 28 24
~
25 3
l
- ~ ~ ' ' * ~
~
S ebl 36 t
CHAIRMAN JENSCH:
Is there any other person here who would desire to make a statement by way of limited appearance 2
~
at the July 16th evidentiary hearing?
I s
(
4 (No rsspon'se.)
f The Board hears.no such request.
It might be added that if there are persons who are
)
not present here and who have not been informed about this hearing and do appear at the July 16th evidentiary hearing, i
j will persons hers so inform them and advise them.
Without i
i any undua disarrangement to our proceedings, we will then make 3,
provision that they can present their views by way of limited appearance at the evidentiary hearing in July.
The Atomic Energy Commission has instructed Boards g
such as this Atomic Safety and Licensing Board to encourage the presentation of statements and the participation by the u
public and all persons he.e who can assist in informing people who desire to make such limited appearances, wilr they kindly do so.
18 NR. WOMACK: Mr. Chairman, we al.so filed for limited to appearance for the same group of people with the Secretary of the United States Atomic Energy Commission.
Will that be 21 i
recognized as a limited appearance for these peoplet
{
22 CHAIRMAN JENSCH:
It will.
If you desire to enumerate the names of the people, will you do so now, and we will be sure.
MR. WOMACK:
tE:
Well, this is to the Secretary of the 1,
i
,~ o eb2 l
37 United States Atomic Energy Commission, Washington, D. C.
)
I a
regarding the Florida Power Corporation, Crystal River Unit 3, a
Nuclear Generating Plant, Docket 50-302.
That is the refar-(
4-ence.
s "I, Charlos B. Fitzpatrick, Attorney At Law, 113 N. Seminole Street, Inverness, Florida, on behalf of Leslie Wade, Stewart Ayers, R. H. Houck, t
Robert Hyde, George Dyer, Charles Kofmehl, T. F.
Bonsall, Arthur W. Colledge, Thomas B. Downey,
,I Charles I. Stopford, David Griffin, Vance Aycock, i
g James Harmon, and the Board of County Commissioners
,1 of Citrus Caunty, Florida, do heraby request permis-sion to maka a limited appearance pursuant to provi-g g
sions of 2.715 of the Commission's Rules of Practice
,I in connection with the aforermationed reference.
"Yours very truly, Chcrles D. Fitzpatrick,
" Attorney At Law."
g te ;,
Now that was filed via airmail on June lith,1968,
' and the deadline was the 14th.
Se OlAIRMAN JENSCH:
It will be understood that your r 20-request includes all the persons you have enumerated.
It will
{
be understood that their statements will be received in July.
MR. WOMACK:
Thaak you, sir.
CHAIRMAN JBNSCH:
Will you so inform them?
(_
MR. WOMACK:
They have been informed by mail, in l
F i
s m,,3 4
38 accordance with the regulation af the ABC.
i
't l
CHAIRMAN JBNSCH:
Will you in Mrs the persons whose
(-
1 3
names you have written --
2
(-
\\,
4h MR. WOMACK:
1.. ve already informed them about both J
l 6,
s dates, today and the 16th.
l CHAIRMAN JENSCH: Thank you.
t MR. DUNN:
Mr. Chairman, the agenda es11s for the y
s matter of discussing the exchange of testimony later on.
Hight I ask this, that Mr.Womack on behalf of his people be l
9 g
required to furnish parties copies of these statements that these people are going to lis.ke so that they nav be reviewed y
g:
with the idea of datormining whether it merely cumulative or u
overly redundant, or what?
We would like to, if po.isible, have a preview of this, the same as they will have of our testimony.
CHAIRMAN JENSCH:
TI.e Rules do not provide that that g
,p require-ent can be imposed upon a person making limited appear-ances.
If they dosire to do that, they may do so.
They are free to follow that procedure that you request.
MR. DUNN:
That is a request, Mr. Chaiman.
CHAIRMAN JENSCH:
This Board does not have authority g,
to make any such direction.
MR. WOMACK: We would much prefer to prepare our yj own documents andour own defense, and present it at the time k
,h of the hearing.
1, s
1 w--.~--
39 I
CHAIRMAN JENSCH:
Very well.
8 We tan also consider at this time intervention.
.s Is there any person present here who seeks to parti-C 4
cipate in this proceeding by way of formal intervention?
I r!
s (No response.)
f s
The Board hears no such request.
7 The attention of the public and the parties, however, a
is directed to the fact that a petition for leave to intervene s
was filed --
to MR. HOUCK: May I speak, Mr. Chairman?
i I am R. H. Houck.
What I would like to know, and n
fa it is not clear to me, at what point can we charge a limited appears.-te to --
is i
14 CHAIRMAN JENSCH:
Formal interventionY 15 MR. HOUCK: Yes, sir.
QiAIRMAN JENSCH:
Well, the Notice of Hearing 1,
gy designated a time within which that type of paper may be filed, but the Rules also provide that fcr good cause, that time can be extended.
g g,
Now what constitutes " good cause" depends upon the facts peculiar or pertinent to your own situation.
g, NR. HOUCK: Has that deadline already passed?
n CHAIRMAN T3N3CH:
Yes, but this Board does have g
authority to grant extensions of time when good cause has se b
been shown.
But in making such a formal petition to intervene, gg
f f
l l
40 I )' your attention is directed to the requirements of the Rules, a
l end it also provic that you serve copies of your petition l
upon the parties.
i a
1 The parties so far are the applicant, the Florida
}
4
.a Power Corporation, which is represented by the persons whose e
names were given, and the regulatory staff of the Atomic t
7 Energy Commission.
Then they will have an opportunity to l
s
' answer your petition, either in reference to the showing of a
good cause by which you seek to have the time extended, or in to reference to the interest you asrart, after which this Board 11 Will give consideration to beah such matters to determine the st participatiori, ss All of those procedures can be conducted by mail.
14 MR. WOMACK:
Mr. Chairman, could I ask Mr. Houck--
ts That has boon done and a certificate of service is what you 16 are talking about that has to be notified.
ny CHAIP14AN JENSCH:
No, I'm talking about a formal g,
petition to intervene.
MR. WOMACK:
The formal petition was made, and then 3
the certificate of service and notice of appearance was sent t
overybody you can imagine:
at i
g,
)
Samuel Jensch, Eugene Grouling, Dr Hugh Paxton, I
al Dr. Rolf B11assen, Claude Kirk, Randolph Hodges, LeRoy Collins i
i e4
$.'incent Patton, --
4 l
x 3
I
41 1
CHAIRMAN JENSCH:
LeRoy Collins?
t I
MR. WONACK:
I A. A. Wells, Gerald Hadlock, Stanley 2l Robinson, Edgar Dunn, and on and on k
1 But you say that this is disqualified.
However, it j
3}
was filed on time, and Mr. Houck's name happens to be on this l
f particular petition, but 214 precludes that we have to file another document with this in order to be on the agenda; is s!
that right?
9 l
MR. HOUCK:
Mr. Womack, I understand that we still i
ara --
MR. WOMACK: A limited appearance we have.
II NR. HOUCK:
-- we can still get to the Board and file i
Ul it properly, as the Court requires.
i "l
MR. WOMACK:
If he extends the time, but the deadline 15
. was the 14th of June.
MR. HOUCK:
ney have already said that for reason-U able reasons, that we didn't understand the filing, that we W
will be given an opportunity to file even though the deadline 18 I is passed.
I 8
Am I right?
El NR. WOMACK: We can resubmit this document that was zt
. filed on time for the presentation that we want to make?
U OIAIRMAN JENSQl: This Board cannot advise you what l', rou should do but if you desire to file anything further, lease confer with your attorney or confer with Counsel for the i
.\\
A l
42 l
l Regulatory Staff, and he can explain in more detail than this t
hearing should take time to present to you now.
We want to encourage you, however, to be fully advised, and to act ac-cordingly.
+
I 1
NR. WOMACK:
Thank you, sir.
CNAIRMAN JENSCH: A petition for leave to* intervene 7
and motion to broaden ' issues was ' filed by the City of Gainesville, Florida and the Gainesville Utilities Department.
8 I
Let me state it this way:
The City of Cainesv111e and the Gainesville Utility I I
3 13 Department have filed.n a petition to intervene which stn es e
u that they:
"-- request a hearing and petition to inter-vene in the above-entitled proceeding so as to be admitted as parties with full rights to sub-mit testinony, cross-exanine witnesses, and to II file proposed findings and conciusions and briefs 38 before the Atomic Energy Safety and Licensing a
Board for an initial decision and to file ex-ceptions to briefs to the Commission and to El participate in oral argument and to take such at other action as may be takaa by any other party."
as This document is verified.
In form it appears to conform to Section 2.714 of the Rules.
E The copy which I received and which I believe the k
l 1
eb8 f
43 l
?
other members of the Bosrd received was at a time that did not
-t appear an answer by the parties to this submission.
Those
-3 parties are entitled to file a formal answer, unless they 4
desire at this time to indicate their answers so that this i
d s
Board may give consideration to this petition perhaps at this eI time, or to indicate a decision at a later time.
f 7,
Does th's applicant desire to indicate its response a
to this petition at this time?
3l MR. DUNN:
Mr. Chairman, with respect to the petition k
i
.so..! for leave to intervene and the motion to broaden issues filed t
i
[
in this cause oy the City of Gainesville, Florida and the 3,
i gg i Gainesville Utilities Department, I wish to advise this Board that the answer of the applicant, Florida Power Corporation, 33 i
34 l will be submitted to the Board by deposit in the United States l
i nail on or before Wednesday, June 26th,1968, in accordance 15 16 with Section 2.714(b) of the Atomic Energy Commission Rules of Practice.
gy Is ;
i 19 l l
so. '
21 Et i
23 24 I j
ED.
i f
1
~~
~
44 jon1 6
I CHAIRMAN JENSCH:
When did you receive the petition i
I for leave to intervene?
I
tir. Chairman, I believe that we received it at our offices this past Monday, the day before 4
5 yesterday.
1 1
0, CHAIRFAN JENSCH:
It was verified on the 14th day t
f 7
of June, which was Thursday, I believe.
l I
al MR. HADLOCK:
That was Friday, sir.
O MR. WOMACK:
The 14th was the deadline date, sir.
i 10 CHAIRMAN JENSCH:
The copy I received was received 1
11 !
on June 15th.
The rules of practice provide that an answer I
12 may be filed within five days after the petition is filed.
And by having undertaken service in accordance with mail, 13 14f there is some additional time allowed in accordance with the 15 rules of practice of the Commission.
What in the view of the staff in reference to its Is answer, if any, to the petition to intervene?
17 I
1e[
MR. HADLOCK:
We will file an answer to the u
g, I petition, Mr. Chaircan, in the time prescribed by the rules.
We were served with the petition this last Monday, although 2e I understand it was filed in the Secretary's office late 21 Friday afternoon.
23 CHAIRMAN JENSCH:
Is there any person present who 23 is representing the City of Gainesville, Florida and the u
36 l Gainesville Utilities Department?
i e
7,9
jon2 45 l
1 8
HR. HADLOCK:
Pa. Chairman, I received a call I
Honday from Mr. Spiegel who signed the petition and represents 8l the City of Gainesville. He told me that he would not be k
4 here.
He has a conflict he is presently participating in3 i
k I
5 the Atomic Energy Commission hearing with respect to the i
4 e}
Pilgrim Station Project in Boston, a hearing that started i
I 7
yesterday and is still going today, I believe.
He indicated, l
t however, that he was going to so inform the Board by telegram.
i i
9 CHAIRMAN JENSCH:
The Board did not receive any t
te {
such communication.
r 1: f HR. HADLOCK:
I have not received any such further t
13 communication from Mr. Spiegel, but I did indicate to him 13 that we, the staff, would respond to his petition in due time.
34 CHAIRMAN JENSCH:
Well, the Board is anxious to
)
have some discussion with reference to his petition at this 15 le Pre-hearing conference.
gy It has been suggested,that perhaps some members vs f of the audience here have not been able to hear all of the f
statements.
If they have not been, will they continue to g,
3, '
indicate that situation to us so that we can make arrange-ments -- we are hopeful at the evidenticry hearing more gy microphones will be made available.
In the meantime the f
te Board will request speakers to turn partially to the audience i
28 t
in the room as well as addressing the Board in reference to 24 the statements they make so that pe&p'e can be inforned.
And 25
'i
,E l
46 jon3 I
I if they have not been informed now, and if you would like
}
2 any re-atttement of what has transpired, will they so indicat'p 3;
VOICE:
The whole statement we did not hear back
}
t i
{..
,., 4 here.
_g i
t 5
CHAIRMAN JENSCH:
Let me say this:
both the l
}
i s
applicant's counsel and the regulatory counsel said they I
/
i 7
would file answers in accordance with the rules to the I
11 e
petition to intervene by the City of Gainesville and the b
i 9
Gainesville Utilities Department within the time permitted.
10,
in addition, the regulatory counsel stated that
,l gi he had been informed by counsel for the City of Gainesville I 12 and the Gainesville Utilities Department, that he would be j
}
13 unable to be here today.
And he understood -- that is staff i i
u{
counsel under~ ood -- that the counsel for the City of i
i is j Gainesville and so forth would inform the Board of that fact.:
se The Board would note it had not had any communication with I
37 counsel for the City of Gainesville and the Gainesville is [
Utilities Department.
The Board has been hopeful that we
~
i g, j would give consideration to this petition at this time because i
I think that the procedures for this proceeding can be bided y
so:newhat by whatever determination is made.
And I inquire 23 whether there is any other person here who does represent g
the City of Gainesville or the Gainesville Utilities Depart-n ment.
y (No Pe8Ponse.)
,5 I
I L
a h
j i
i n
CHAIRMAN JENSCH:
I hear no such response.
a The Board has given some consideration to this a
petition. The matter of participation by persons in these f
4
..,. proceedings by way of intervention must be in.confor9nity
,. a I
with the rules of practice of the Commission.
Those rules i
i 3
have been read in part heretofore.
Providing any person who 7
has any interest likely to be affected by the outcome of i
the proceeding, they file a petition to intervene under oath l
e l
3 and so forth.
i l'
There have been interpretations by the Atomic j
1s Energy Commission of that rule.
Such interpretations have f
12 developed from proceedings had prior to this time.
To mention 18 a couple of examples, one of which was the Duke Pouer Case 14 in September of 1967.
The other was the Vermont Yankee 15 Project.
I think the Jomission's decision was in October le or November of 1967.
T'ere also was a proceeding involving 4
-17 the Philadelphia Electric Company, I think in November or December of 1967.
In each of those cases the Commission has 13 i
g indicated,that existing customers would have r.n opportunity as to participate in proceedings of this kind under Section 2:
104(b) of the Atomic Energy Act to contest whether an application under Section 104(b) could be granted within 23' the purview of that Act.
The basis of the rulings by the Commission has bee $t 24 as that it would be discretionary in the judgment of the
!i
l 9
jon 48 L
I Commission to permit an existhg customer to participate I
for that purpose.
8 In one of the cases, particularly the Duke Power j
1 C
Case, an application for formal intervention had been made 3
l n
i i
by a group which hoped to be a customer of a utility which 5 '
s',
supplied electricity generally to the public.
In the Duke l
7 Power Case intervention was denisd to a group which was not 1
8 an existing custorer.
l s
The Commission affirmed that proceeding involving
?
18 the Eoston Edison Company where petitions to intervene were 11 filed, I think jointly, by something like four municipalities, 12 two of which were customers and two of which were not.
Inter-I.
83 l vention was per:sitted only to those petitioners which were f4f existing customers, that is that th existing customers, as
~
SS i I understand the ruling in the Boston Edison Case, and also k
M as I understand the rulings of the Atomic Energy Commission, the existing customers have an interest which can be 17 l
1 gg,.
recognised within the scope of the rulings made in those n
proceedings as hen tofore indicated.
4 Without auch an interest the Commission has ruled 4,
3-i 33 that a group which sought only to become, or hoped to become, t
3 or was negotiating to become a customer did not have such 33 an interest as would authorize intervention.
l 24 The Board in this proceeding is guided by those 25 deter 31 nations of the Atomic Energy Commission.
w-l l
_7 49 jon 1
The parties in this proceeding are free to file 8
their answers, but the Board, in its determination and 3',
judgment at the present time, is that this petition for-f
~
4 leave to intervene does not qualify within the scope of the 5
rules of the Atomic Energy Commission.
And in the judgment e
of the Board, the petition for leave to intervene by.the 7
City of Gainesville, Florida and the Gainesville Utilities j
i I
8 Department is and should be denied.
The parties may file j
S such further submittals as they desire.
If there is any 1
13 change in the consideration by the Board, a formal order will l
f 11 so indicate.
But until that is done the Board will enter a it formal order in accordance with the statements here made, tha1.
13,
the City of Gainesville, Florida and the Gainesville Utilitier 14 Department do not now have an interest of the Kind as defined 15 by tha Atomic Energy Commission in the previous proceedings ss to which reference has been rade.
ond6 17 is !
ID F t
l' N
I@
?
t El 2
ES 24 3
50
[
l 87 ebl I
If there are no other considerations of statements 2I for limited appearance or intervention, I taink we may proceed c,.
3 to the other matters on the agenda to which I have referred l
[ *,
{
4 at the catset.
I It may be noted, before turning to the specific l
s items on the agenda, that in accordants with the Atomic f
s Emergy Act and under the Rules of Practice of the Commission, 7
an applicant for liaanse has the burden of proof of establish-s ing data adequate to warrant the issuance of a license.
[
3 50 This proceeding will be conducted in accordance with that 31 general requirement. And upon that basis the Board will 12f expect the applicant to go forward first with the evidence.
i 13 Is that your undersFanMng, Counsel for Applicant, M
of the burden that the applicant undertakes in this pro-15 ceeding; and, if so, in what manner does it intend to adduce t
16f.
evidence in support of that responsibility?
17 MR. DUNN:
Mr. Chairman, the applicant does accept b
is('
this responsibility.
And in that regard the Applicant will have two witnesses who
- 11 present oral sworn testinony.
is The applicant will also have a panel of five te<:nnical 20 1
witnesses who will be submitted to this Board,as a' panel.
2 The names of these five panel witnesses will be:
2a Mr. Donald J. Roland, the Florida Power Corporation Mr. E.
23 Robert Hottenstein, with Gilbert Associates, Incorporated 24 Dr. Morton I. Goldman, NUS Corporation; Mr. Carl E. Thomas, 25 l
1
- q 51 i
eb2 g
l 1
the Babcock-Wilcox Company; Mr. Robert E. Wascher, also with
].
t 2I the Bobcock and Wilcox company.
g s
Applicant proposes to have the panel respond to e
3 1
any specific questions raised by this Board.
And, accordingly,.
4 Applicant will thereupon volunteer that the answers to these s
i questions will be,immediately af ter the witneses are sworn, j
a t
subject to cross-examination by the Board and any other party 7
duly and properly admitted to this cause.
c The applicant proposes to carry the burden of 3
l proof, first, through a brief oral statement by applicant's no counsel, followed by an introductory statement by applicant's j
o u
president. This will be an unsworn narrative statement.
i of These procedural statements will be--
CHAIRMAN JENSCH:
Will you identify the president?
]
u MR. DUNN:
Mr. A. P. Perz.
35 CHAIRMAN JENSCH:
Thank you, sir.
f4 MR. DITHN :
These procedural statements will be g7 followed first by Mr. J. G. Loder, Secretary and Treasurer g
of Florida Power Corporation, his testimony on financial g
matters.
This will h followed by the sworn testimony of Mr. J. T. Rogers, applicant's nuclear project manager.
21 Mr. Rogors first will sponsor the applicant'c summary u
description of the application and, thereaf ter, he will u
I describe the Crystal River nuclear generating plant, the site l
y upon which it is to be constructed, as well as give 1
3
l 52 ab3 P
particular emphasis in his testimony on matters of safety, l
r the design features of the plant which have been incorporated
(
3 to insure public health and safety.
{
1 4
This statement by Mr. Rogers is that statement i
3 which is called for in Appendix A to the Part 2 of the Atomic g
Energy Commission Rules of Practice.
I y
Applicent's counsel would like to inform the p
Board at this time that depending on the progr. ass of thir.
g case we may or may not have what you call a back-up technical j
vo witness group.
We do not know if we will have these people, 1
or t? what extent.
But if we do need them, their qualifica-l i,
u tions will be duly admitted and they will be duly identified
,3 at the time.
And any statement they will make will be duly a
qualified as evidenas under the rules.
So they may or may 93 not offer testimony.
If they do they will certainly be 16 available for cross-examination by this Board and by any 9
duly admitted party.
In summation, Mr. Chairman, the applicant through g
this process believes that it will have a prima f acie case
.g entitling it to a construction permit under Section 104 (b) l of the Act for the construction of this plant.
j g
CHAIRMAN JENSCH:
Very well.
g Do you intend to have any statement prepared u
prior to the evidontiary hearing in reference to your y
testimony which can be exchanged with the Staff and the t_
5 i
1 6
6 53 i
i eb4 T
parties, and submitted to the Board for prior review?
2 MR. DUNN:
Mr. Chairman, we will be happy to mail,
4 to this Board and to the partie.s in this proceeding a -- I l
(
I
~
4 must choose my words very carefully now as to what I'm going.
i i
s to say --
l a
CHAIRMAN JENSCH:
Are you indicating that your y
prior statements have not been made with such care?
j (Laughter) j e
3 MR. DUNN:
Touche, Mr. Chairman.
to No, sir.
I think you will understand when I i.I i
a y
finally express myself.
i 12 At this stage we have a draft of a summary of V
ta our application.
Naturally it cannot be put in final form i
until the conclusion of our evidentiary hearing. But la I
15 at this stage we do have up to this point a final copy, gg which we will be happy to sand to this Board along with I
gy copics of the propred testimony, and to the parties, early next week sometime, if that will be satisfactory to the la Board, so that you will have ample opportunity, and the parties to this cause will have ample opportunity to review our complete direct case, f
CHAIRMAN JENSCH:
Thank you.
u MR. DUNN:
Is that date satisfactory to the Board, as Mr. Chairman?
j
{'
24
(
CHAIRMAN JENSCHJ Tea, it is satisfactory to the
,3
~
(
l l
I eb5' 54 i
Board.
E MR. DUNN: We will try to get this in the mail i
3 by the 28th of June.
CHAIRMAN JENSCH:
Incidentally, your statement 4
i I
s in reference to the petition to intervene, if it may be i
y f
a received by the members of the Board on or prior to June 26th, 7
it would be helpful to the Board.
3 MR. DUNN:
Mr. Chairman, we will expedite that as 9
early as possible.
to!
You are talking, as I understand it, about an t
[
answer to your : uling?
3:
I is l CHAIRMAN JENSCH:
Yes.
l Isl MR. DUNN:
We will get that in as early as ja '
possible.
CHAIRMAN JENSCH: Very well.
g; d
Is the Staff able to indicate the witness it l
intends to prosent, and the evidence it proposes to adduce 37 in the evidentiary hearing?
to MR. HADLOCK:
'Jos, Mr. Chairman.
The Staff's 3,
1 evidence, as is usually the case in these proceedings, y
consists of the Staff's Safety Evaluation, which has been a
prepared and distributed to the Board and to the applicant, a
and which we will also distribute to any other parties.
CHAIR 1WI JENSCH:
IIas it been filed in the Public a
,y Document Roco?
1 J
l 6
Y
~ ~ ~
f i
f i
ab6 55 I
MR. EADIDCK:
It is in the Public Document Room.
2 It was filed about two weeks ago.
Idon't remember the a
precise date.
i 4
In addition to that, we would propose testimony 1
af 5
from Mr. Lovejoy of the Commission's Office of Comptroller li e
with respect to the financial qualifications of the 7
applicant.
With respect to his testimony, I would hope to e
stipulate that his testimony might be received without the e
necessity of bringing Mr. Lovejoy to this proceeding.
se I have not discussed this with Mr. Dunn, but if it i
is agreeable to the applicant and to the Board, why, I would g,
n propose that the testimony of Mr. Lovejoy be received without is his being here personally to sponsor it.
34 CHAIRMAN JENSCH:
Would you confer with u
Mr. Turnbull, too, since the State of Florida is par'ticipating is under the Rules and is a party within the' scope of the p
rules.
gg MR. HADLOCK:
I will distribute copies of Mr. Lovejoy's testimony I hope late next week to the Board l
3, t
and to the parties, together with a stipulation which, if 3,
the parties can agree, I would hope the Board will approve.
21 CHAIRMAN JENSCH:
I think es in similar requests g.
in Prior cases, if the Board does not indicate to the u
contrary, and unless any party requests it, it may be assumed u
33 the request is granted.
And if there is not a specific
eb7 56 i
request made by a===har of the Board, or by a party, for the 8
attendance of Mr. Lovejoy he need not be called.
And if in 3
the course of the proceeding his evidence and his presence 8
4 appear to be necessary, adequate scheduling time will be
}
5 made available so that as soon as he can arrange it his f
r 4
Personal appearance can be provid9d for the proceeding.
y Is that agreeable to the applicant?
3 MR. DUNN: It is agreeable to the applicant.
9 CHAIRMAN JENSCH:
Is that agreeable to you, le Mr. Turnbull?
MR. TURNBULL:
Yes.
9 g
CHAIRMAN JENSCH:
Very well.
13 MR. HAD M We will also introduce at the to hearing, Mr. Chair =an, what is commonly called a Joint
,3 Exhibit A, or Joint Exhibit 1, which consists of the applica-is tion and all carrespondence bets:een the Staff and the gy Applicant, and their responses,with respect to this
,, g application,.which haa previously been submitted to the Board i
and to the parties.
In that regard, I would propose to offer it by reference, so to speak, rather than bring it and tender it g,
Physically to the reporter,and ask that the Board incorporate u
in the record and index to that joint exhibit rather than U
P ysically incorporating the entire record -- which, as you h
24 3
can see from the package back there, consists of a great
~
1 s
l
l eb8 57 II volume of material.
CHAIRMAN TENSCH:
Is there any objection to that E
sl procedure?
4 MR. DUNN:
Mr. Chairman, the applicant agrees to 3 i that procedure.
j
=
MR. TURNBULL:
No objection.
i 4
1 y
CHAIRMAN JENSCH:- Very well, we will proceed upon that basis.
e i
3 MR. HADI4CK: The witnesses for the staff, 10 Mr. Chairman, will be Mr. Charles Long, sitting at my left, and Mr. Denwood Ross, at the end of the table.
Mr. Long gg is Chief of Project Branch No. 2 of the Division of Reactor gg Licensing of the Atomic Energy Commission.
Mr. Ross works g3 p
with Mr. Long in that Division.
They will be available for cross-examination by the Board and the parties on the ts testimony -- which, := I say, is the Staff Safety Evaluation.
is CHAIRMAN JENSCH: Very well.
13 Are you able to indicate, Mr. Turnbull, at this gg time -- or if you are not able to do so, you need not g,
endeavor to formulate a schedules but if in the recess between g
n w and July you formulate plans to present evidence, will 21 you kindly communicate with the parties and the Board y
concerning your intentions in that regard?
y MR. TURNBULL:
I am prepared to make that announce-yl mont, your Honor.
25 4
I I
- i 18 ab9 58 f
I C3 AIRMAN JENSCH:
Please do.
1 E;
MR. TURNBULL:
Subject only to personal appear-I, 5j ances -- for example, the Governor has indicated to me that d
4 q he p.rsonally desires to make a short statenent.
I request y
I 5!
your# permission t.o have him do so.
In the absence of a 6
personal appearance we would submit a statement in writing f.
7[
intending to incorporate it in the record.
And I will supply t
4, all parties with a copy.
t 7
I understand that Senator Holland has submitted l
to a statenant to the connaission already.
We w2uld, on July 16th, j
11 ask that that be incorporated by reference in the event i
12 !!
Senator Holland is not present to do that himself.
b 13 !
There is a possibility that the Attorney General 14 would like to make a statement.
If he does, thirty seconds 15 or a minute would be sufficient.
I was informed last night that the Public Service to 17 Commission would like to make a statement, and they will do that by Mr. Kenneth Gatlin, their Chief Trial Counsel.
I am I6,
informed that the Air and Water Pollution Control Commission t,
will desire to make a statement, and they will do that 2e i
either by the Director or by Miss Mary Schulman in our office, 2
12 who is their assigned counsel.
i f
m The Board of Conservation, Game and Fresh Water Fish Division, and the Forestry Department would, likiewise I
24 1
CD through me, request to be permitted to make a short writta.n
\\
)
i I
I l
eb10 59 i
statement. And I will furnish the Commission and all counsel E
copies of these statements beforehand.
s All statements will be, as far as we now know, j
4 sir, favorable to the granting of a license.
s-C3 AIRMAN JENSCH: The Board, it should be noted, would be honored with the presence of the Governor of the s
State of Florida and the -- I don't know whether he is the y
o junior or the senior Senator: I guess he is the Senior Senator 3
from the State of Florida.
If either one is able to be 40 present provision will be made for consideration of their i
t gg statements.
MR. TURNBULL: Thank you, Mr. Chairman.
yg May I, sort of off the record, if your Honor Is please -- or if the Chairman please, request that in the 14 event that the Governor or Senator Holland, or another gg cabinet official should desire to appear, I would like to t,
iy get the Connaission to take them out of order, perhaps first or early on, so that I can inform him and arrange his time, CHAIRMAN JENSCH:
Yes.
In f act I think we have g,,
l in sczne proceedings received such appearances and such 30l h
statements prior to even the receipt of evidence from the g,
l applicant in order to accommodate state officials or Federal a,
I a{
representatives of the different states.
And we will make i
gi such arrangermentsspon your suggestion, and upon your request l
that we do so.
f as l
i i,
m i"
60 8
i HR. TURNBULL:
I will make that request far
~1 enough in advance so that the Commission will not be in-convenienced.
}
t 4 l CHAIRMAN JENSCH:
Thank you.
}
\\
I
- 5. !
HR. TURNBULL:
In my statement I forgot to suggest h
i e;
to you that the State Board of Health likewise would like to l
1 4
7 i, make a statement.
I request that that be added to my state-ai ment.
s CHAIRMAN JENSCH:
It will be so understood and v
te i provision will be made accordirgly.
I 3
I think our agenda provides that the staff would l
g, 12 4 give us a general outline of what t'his application is about, in [
and the sort of reviews it has undertaken so far and the 14 g kind of reviews it will continue to render on this project ta in the course of the adjudication and in the course of the i
is i, matters that may be subsequent thereto.
p ty !
Does the staff desire to give such statement now?
1' HR. HADLOCK:
Yes, Mr. Chairman.
Hr. Ross will 15 make such a statement.
I have distributed copies of the gg,
3, i
statement to the Board and to the reporter and to the other f
parties.
.Mr. Ross is prepared to nake this statement.
g, tr. f HR. ROSS:
The Florida Power Corporation applied t
12 j to the Atomic Energy Commission on August 10, 1967 for a i
tol Permit to construct and operate a pressurized water reactor at its Crystal River site in Citrus County, Florida.
. 05 WP l
=..
jon2 61 l
i 'i
.l The proposed reactor system, to be furnished by 2It the Babcock & Wilcox Corporation (BSW), is designed to 3j..
operate initially at nuclear power levels up to 2452 mega-i i
4' watt thernal.
The thermal and hydraulic characteristics of 5
the reactor were reviewed for operation at 2452 megawatt J
l i
si thermal.
j i.
FI Since the application anticipates that the i
8'h r.aximum power level r.ay ultirsately be increased to 2544 8[
megawatt therinal, the evaluation by both the applicant and 38 the staff of the engineered safety features and the accident i
11 {.
consequences was performed for the higher power level of
.J 12 2544 megawatt thermat.
li 12 l8 The containment design and architect-engineer 14 0 services vill be furnished by Gilbert Associates, Incorporated.
15,
Technical safety reviews of the proposed nuclear A
le il generating station have been performed by the Commission's 17 l regulatory staff, based on the applicant's Preliminary Safety t
is i Analysis Report (PSAR) and five subsequent amendments.
g 4
to 1 We reviewed the site-related aspects with the m[
asistance of our site and envircrunent consultants.
The i
21 significant site aspects that were reviewed include the I
gg il predicted effects of a Maximum Probable Hurz. cane, and as 1 the methods of filling and controlling solution cavities in 14,
the foundation limestome.
I 25 The Commission's Advisory Committee on Reactor a
i
- s jon3 1
62 Safeguards (ACRS) included, as part of its independent review, f
a study of the site-related aspects.
Based on the information I
3 in the PSAR and amendments the staff, its consultants, and 4 t the ACRS conclude that the site is suitable for the proposed
{
8 reactor.'
f I
S.
The nuclear steam supply system resembles greatly 7
those furnished by B&W for the Metropolitan Edison Company's 8.
Three Mile Island and the Duke Power Company's Oconee Units.
i t
8 Several items have been identified by the applicant i
~
as requiring resserch and development effort during the to j
detailed design for the plant.
These include RED work on:
1 14,r steam generator, control rod drives, in-core neutron detectors i
to i thermal and hydraulic aspects of the core, iodine-reroval 14 spray systems, fuel red perfor=ance in a loss-of-coolant 15 environment, and core barrel check valve vibration studies.
is Further analytical work is required on the xenon n
oscillation phenonenen and on the potential effects of a i
is!
Positive moderator coefficient.
I In our Safety Evaluation we identified several i
n.:
l additional areas for continuing study during construction.
agl-These include hurricane protection design, combined seismic t
3r and loss-of-coolant accident loads, containment cooler 12 design, failed fuel-element detection, pressure vessel thermal zg.
shock and offsite power design.
34.
We conclude that the additional design and develop-2S.
l l
n r
e, w-,-
w
--.m-w.-c--,
.a-A I
jnne l
\\
d 63 i
' f ment work will be completed on a timely basis relative to t
f final plant design and that the proFrans will provide the a
a*
necessary data to construct the plant in accordance with i
i a
the criteria and specifications in the PSAR, as amended.
i 4,
1 1
1 si Some aspects of the plant design were modified J
l 4
f 4
as a result of our review of the plant.
The reactor coolant f
i ri flow detection system was modified to provide direct measure-
{
s ment of flow as part of the reactor protection system.
3' Other changes in the reactor protection system i
to,
include improved separation of control and safety in the 11 i flux level channels, and splitting of the control rod assembly 12 clutches into several separate circuits.
i i3 The emergency core cooling system was revised to 14 - l-conform with the intent of General Design Criterion Number 44, is ',
in that two independent pumping systems were provided.
Each is ;
system is capable of coping with the full spectrum of breaks.
17 The testing program for the core barrel check valve i
ta -
was extended to provide experimental verification of vibration characteristics.
3, WE have evaluated the ecoMgruences of potential
=, ;
u!
accidents, including a dealgn,"Neio lobs-of-coolant accident, i
that would involve a releaa.2 r picartivity.
We conclude
.a,
i
~
that none of the events analyzed would _ct cult in doses in g3 excess of the guidelines set forth in 10 CFR Part 100 of the g4 I
gg Commission's regulations.
N
---.,.I
.~~
m w 9
jon5 64 I
The ACRS performed an independent review of the 2
proposed plant and provided comments and recocmendations in 8
its May 15, 1968 report to Chairman Seaborg.
A specific I
4 comment by the ACRS was that the applicant should modify 3
,l i
i 5
the offsite power. system so as to comply with General Design i
e Critorion 39.
The applicant has proposed an acceptable 7
design basis for compliance with the ACRS recommendation.
5 Other ACRS comments referred to the Oconee and 8
Three Mile Island reports, which had been considered by the i
10 applicant in its PSAR.
The ACRS concluded that, if due l
11 consideration is given to the mentioned items,"the proposed i
12 reactor can be constructed at the Crystal River site with 13 reasonable assurance that it can be operated without undue 14 riak to the health and safety of the public."
15 We concidde, based on our review of the PSAR, as 88 amended, that appropriate findin.s can be made on the issues 17 set forth in the Notice of Hearin5 in this proceeding.
is CHAIPMAN JENSCH:
Thank you.
13 Doca the applicant desire to make any comment or ao reference to that statement by the regulatory staff?
2:
HR. DUNN:
No comment, Hr. Chairman, by the applican 22 CHAIRMAN JENSCH:
Very well.
13 As indicated previcusly, we will give consideration 14 to the extent possible to a time schedule that can be indicated i
rs to those natters which are generally arranged at.the conclusio n
1
\\
l l
l 4
r., -~ ~.
f jon6 65 of the evidentiary hearing, one of which is the pr,oposal for I l 8
the correction of the transcript.
Can any of the parties indicate now heu long either 3
J one, or anyone, would like to submit proposals for correction f
4 i
5}i of the transcript?
?
l Does the applicant have any view at this time?
8 i
7 MR. DitNN:
The applicant will yield to the staff's r
6 experience on that, Mr. Chairman.
This is our first case, 9
and I am not familiar with the reporter's timing on this.
te Mr. Hadlock, what do you think would be a reasonable It time?
s I
it i HR. HADLOCK:
I think, Mr. Chairman, that the staff.
l i
could submit corrections to the transcript within a week or 13 [
i 14 less.
I think that is about the standard time in these is proceedings, Mr. Dunn.
I think you will find that you can do to that.
MR. DUNN:
I will accept that time.
- r i
CHAIRMAN JENSCH:
Mr. Turnbull I see has left the ga room.
y t
MR. ANDERSON:
I am Assistant Attorney General with pp Mr. Turnbull, and I believe this can be worked out in the tire 21 r t
33 according to the statement of staff.
CHAIRMAN JENSCH:
Very well.
Thank you, sir.
33 14 A specific date will be designated then a the conclusion of the hearing rather than trying to indicate it as 8
l l
J jon?
66 I
I now.
1 As we have indicated previously, we would desire 8
that the parties, in submitting proposed findings of fact 4
and conclusion of law, reflect the concerns of the Board.
5 How much time they will need for that I don't know.
We can s
make provision at this time if you would care to venture 7
a date.
If not, we will make specific arrangements at the h
a conclusion of the evidentiary hearing.
l i
8 What is the feeling of the parties?
to MR. HADLOCK:
I think it would be desirable to a
31 leave that one open until the end of the hearing, 12 Mr. Chairman.
t3 HR. DUNN:
Applicant's counsel concurs in that, 14 Mr. Chairman.
15 VOICE:
State concurs.
CHAIRMAN JENSCH:
The Board does have some concern 13 on some of these matters and will proce?d to indicate some 17 i of them now.
g, I
g, The Board may have other concerns which will be g,
indicated at the evidentiary hearing.
g Dr. Greuling will lead off for the Board.
DR. GREULING:
One of the enjoinments to the Board u
23 }
is that we are responsible for judging whether the review has 2,5 been adequate, and in that connection I would like to refer 25 to the statement made this morning by the staff that they I
i
. = _ -
g 3
jon8 67 conclude that none of the events analy.:ed would result in to E
doses in excess of the guidelines set firth in 10 CTR Part 100
'(.
8 of the Commissicn's regulations.
I 4 ',
In that connection, on th's proliminary copy of
~
.t 5j the Safety Evaluation Report submitted by the staff I direct s;
the following questions.
.7 l On page 56 of that evalua'.e. I quote a part of i
aI the last r ragraph.
We have also cal:ulated the potential
^
l 9
doses from this accident assur.ing that both sprays were not l
tol operable to determine the iodine r:toval factors which must
!l 43 l ' be achieved to meet 10 CFR Part 100 guidelines for thyrroid 11
./
i It '
doses.
Our calculations indicate that, one, the 2-hour
.i 13 thyroid dose at the exclusion boundary of 4400 feet would be a factor of 3.3 higher than the 300 rem guideline dose."
14 i 15 i My question is this:
I would like to have an i
is i explanation as to how or as to what factors are involved n
which would negate this conclusion of this staff's analysis to and then lead to the conclusion which they have presented it which is that the doses are not in excess of the guidelines So set forth in 10 CTR Part 100.
21 In other words, there seems to me to be a contra-22 diction and I would like to have that contradiction cleared 23,
up at the evidentiary hearing.
Not now, obviously.
l 24 i MR. LONG:
May I make a statenent, please?
Possibly I
for clarification.
E3 t
-~
v
jon9 68 t
I If you will refer to Section 6.3 of that Safety 8
i Evaluation you will find a discussion of how we arrive at I
al that conclusion.
g i
4' CHAIRMAN JENSCH:
Very well.
But will you be
{
f 5
prepared to go further as Dr. Grueling has indicated at the i*
6 evidentiary hearing? We won't take tine now to request any 7
responses, particularly in view of the fact that the responses eI might entail some time or preparation.
We won't ask you to 9
commit yourself to a position without some study in the 14!
interim 12 [
I l
13 14 f iaj 18 I l
l I
11 13 j
I 29 1
i 21 l l
22 13-1 24 25 i
~~~
69 sg Dr. Paxton has some concerns to exprest.
1[
DR. PAXTON:
Not concerns, but an item that I think i
a might be useful during the hearing.
i 4
Not being a Professor, my voice isn't oiled up like f
i s
Dr. Greuling's.
+
ei (Laughter.)
7f In both the applicant's Preliminary Safety Jmalysis a
Report and the staff's Safety Evaluation, there are refer-e; onces to several research and development items, so-called, t
le '
Most of these are the same as items that were considernd at tt the Duke hearing some nine or so months ago.
And I think it sz would be useful at the hearing next month to hear how these is !
itens, how the devolopment of these itens has progressed 14 during this period since the Duke hearings.
15 Now, while I have the mocrophone in front of me, I ta might. simply express my personal appreciation for preliminary ty copies of the Summary Description that were supplied by the I
la.
EPPlicant before this date.
It was very, very useful to me is '
at least as a Board member to have these copios in hand.
t sof Now, one question that I have that I believe is not
[
Particularly appropriate for the hearing but just as a matter tt u,
of curiosity -- and maybe somebody here could help now --
- f. Would this be appropriate?
g3 34 CIAIRMAN JENSCH:
Surely.
gs DR. PAXTCN:
The operating temperature of t
1 I
I
~,. m g -
70 8-pressurized water reactors like the one being considered here t
are considerably below, I understand in this case it is a 3
maximum of 650 degrees Fahrenheit operating temperature, k.
4 considerably below the temperatures attained in modern, con-1 5
ventional fossile fuel plants.
f i
e And I would like to ask the opinion of people who f
7 know about these things as to whether this represents some o
inherent limitation of the reacter system -- a reactor system o
of this type, or what is the basis for this limitationf to We don't hear about increasing operating temperatures n
of water reactors, water moderated power reactors very much' i
I la l and what, may I ask, is the reason for this?
I 13 NR. DUNN:
Sir, that is a very fine question, and I i4 l would appreciate your indulgence if you would permit us to i
ts l cover this at the evidentiary hearing.
It is a question we l
is would like to cover at that time, if it is agreeable to you.
I gy DR. PAXTON:
I had not thought of this as a ques-tion particularly for the hearing, --
g, MR. DUNN:
Maybe at a recess we night be able to 3,
i I
discuss it.
3, DR. PAXTON:
- - but if you feel it is appropriate 2
I for an=uer at the hearing, we would appreciate such a dis-gg cus sion.
=3 HR. DUNH:
Very well, sir.
24 3
CliATRMAN JENSCH:
I had a few items, and I son't ask i
i
ab3 71 I
for any responses at this time.
I may be that you will desire e
to give some further consideration to the matters that both 3
Dr. Greuling and Dr. Paxton have indicated a desire for i
4 responses at the evidentiary hearing.
We will permit you to i
t develop your thoughts as to'thse~ matters.
i My questions may be directed particularly to the 7
staff, because I think I have spent more time with the staff Analysis.
I likewise did receive tle preliminary statement by tha pplicant and it has been useful in connection with the staff's work.
Before directing questions, however, to the staff, 18 it might be noted that the applicant has contained within its
'8 presentation -- I don't know whether it is a last gasp or not,
'd but it says it has tried to answer every question that has is ever been proposed in any other proceeding, and as far as we know, I think they havo undertaken to answer every question.
87 So I think the presentation by the applicant certainly covers is a broad range of proceedings.
19 My questions may be directed primarily to the staff.
28 l If the applicant desires and can answer or submits something 2t I further in connection with these matters I at least, as one 21 nember of the Board, would be very appreciate of haring that.
13 I would like to know something more about sodium to thiosulphate.
I hav n't been able to find references to the 25 subject and if there re data or if there are printed e
a
72
'l materials that discuss the usefulness, the effectiveness, or 2
the efficiency of sodium thiosulphate, I would very much
.s [
appreciate having it before the evidentiary hearing.
I l
'4!
In connection with the use of sodium thiosulphate,
{
i i
^
's I l' wonder if we have any complications arising out of the use j
1
' e!
of boron?
Is there some chemical interaction there that is f
I 7l not going to keep things stable? And if so, what is it?
l e
Has there been any experimental work using sodium l
e thiosulphate and the boron, and v'.at is the character of that so l-experimental work? And can you extupolate to this tremendous-6 ul size proposed for this project?
l This sodium thiosulphate i. discussed in both the 13 ;
i is j presentation summaries by the applicant and the staff and,as 94 [
I understand it, it will bc in liquid form as a spray to cut isl down iodine releases in the improbable, but not expected, 14 releas'e of iodine in case of an unstable condition in the 37 reactor or in its operation.
It is a procedure -- that is, the r
is[ use of codium thioaulphate, as I understand it, is a rathod i
by which the applicant proposes to cut down the amount of iodine that would be released in an unatable condition.
I would als be interested to know why the staff 11 used the figure of 5 percent for iodine which, as I under-
.a s
stand it, has been described as in non-removable forin, and I g
.y understand that is some phraseology that is used to identify 3j methol iodide.
What are the data to support the usage of 5 l
J ob5 73 percent? It seems particularly pertinent in view of the fact
.1 that in the Omaha Public Power District proceeding the staff t
.3 used 20 percent.
4 How, are there data to support the 20 percent, or are there data to support the 5 percent, and which is better j
- s f
than the other?
y s
I, of course, am interested in the conditions that y
are envisioned for the calculations for the releases of the e
p iodine.
How hot is the core? How hot is the fuel element?
As I understand it, the hotter the fuel, the more the iodine la i
is going to be released.
g Now, there is some figure in the staff Analysis g
that talks about--
On page 584, the highest clad temperature vs is about 1950 Fahrenheit. That, as I understand,is almost g
the cooling temperature for some of the cores, and it might be g
that you could get a 2200 Centigrade degree heat in a melt-
.ts down, and I wonder why that figure wasn't used to compute the gy amount of iodine releases?
g.
I don't n:ske any contention that either one or the g.
other is applicable, but what are the data for these figures 4
when you have other proceedings where higher figures have been used? I wonder if the other figures are pertinent at a
all.
It may not be.
T.nd 3
. 25,
i j
1 l
l
~,n--...-.
obl 74 J
There is some reference to the fact I think in 1
2 fl both the applicant's sumraary and in the staff's safety i
k
'3 fi analysis, that the nearest population center of 25,000 or l
4[
more is listed as Gainesville; which, as I understand it, is
{'
3 '-
approximately fifty-five miles from the proposed site.
And "J
].
L ol the staff has used a low population distance of five miles.
l 7,
I wonder if there is any problem arising out of 1
i S f those two calculations?
0:
This question I have particularly perhaps for the i
io '
applicant:
As I understand it, the applicant in scme of it its preliminary core drilling has discovered cavities in the it ;
limestone formations.
Are they able to indicate the size i':f 12 ]
and depths? And has this grouting method, which is proposed
- (
.*. ll by the applicant to overcome the r:ffect of these cavitics
's 15 ;
been used in any other reactors, or any other heavy weight 1
ts I construction projects?
17 Now the reason for asking that is thau in i
Nucleonics for the week of March 30th,1967, it was suggested, :
i gg or indicated thct in Great Britain two of its reactors at to o,,
the Oldbury Station settica further and faster than the I
pre-construction soil analysis indicated that it would.
I
- q l
v Now if that were to occur in the proposed project for Florida !
!2 l
Power, what would be the effect on safety?
How much of a i
03 r a
2a margin is there for settling?
Does it make a difference if i
a portion of the. building settles? Will it break the matting
- ls t
15 l
J WP
~-= -
l 75 eb2 I
on which the project rests? And how much leeway in there in I
that regard 7 And is there a safety problem? There may I
3 not be: I don't know.
k 4
Is there any flexibility?-- taking the opposite i
5 possibility.
Is this like a rubber hose that can bend in 6
settling? But how much of a bend do we have with steel?
Speaking of steel -- and this is something for 7
8 the applicant: is there any modern technology developed 9'
within, say, the last sixmonths that advises against the use to,
of stainless steel, particularly in reference to the n{
possibility of chloride stress corrosion? And what steps l
1 will be undertaken by the applicant to avoid the possibility 1
f of chloride stress corrosion either from sea air or the 13 I
use of sea water, and 1111 that affect any of the welding?
14 I noticed
- in the applicant's presentation that 15 one Jones Construction Company submi.ts in support of its is gy ;
qualifications to proceed with this project thist it has been i
tel invited to do some work, in connection with, I think they l
said the Jersey Central: const.ruction which was somewhat 1,
af behind schedule; and they were going to assist in clearing this up.
That's the only reference I have seen to Jersey g
Central.
12 I didn't know whether it might or might not be 23 Pertinent to this proceeding, but since they have mentioned 2,;
25 {
it, perhaps J. A. Jones could tell us what they have found l
L i
I
..,.,n-
~-,
t i
76 eb3 i
I at Jersey Central and how they will avoid it here.
1 The inquiry here is solely to avoid it, and not l
3 to resolve any matters in the Jersey Central proceeca;tg.
But i
4 there may,be experiences ora the Jersey Central proceeding I,
\\
t 3
5 that the J. A. Jones company can submit that will be helpful for our consideration here, since they have mentioned the l
e i
s 7
Jorsey Central in their qualifications.
i A question I have for the staff is that in its a
l 9
analysis it has indicated -- and I don't have the page I
reference -- that a prototype environmental test of the fan 10 I
motor which would be used to cool the containment building p
w may be required.
And the optional use of such a test gave
{
me a concern that it may or night or must be undertaken.
33 I
l It seems that that f an motor would be a vital 14 i
comperent of the reactor program, and 2.f only it "may be l
a tested" what would it be tested against, what specifications, 16 and who would perform the test?
17 The reason I ask this is that~ in some other g,
Proceedings I noticed where there was going to be a notor is 1
supplied, and it would be tested by the supplier, and accepted.
l 3
apparently.
It seemed to me that if the supplier was going I
3 to tell the user that it is adequate -- I don't say this a
is similar, but maybe there is some.nalogy to a man coming g
along with a used car and telling you that it is A-No.1, and y
you might want to have some independent evaluar. ion of such a
\\
\\
l
. ~ -
i 77 2
eb4 1
mechanical performance.
And if it would apply to a used a
car it night well apply to a motor for a reactor.
s Is there any offect of high gamma radiation on 9
4 such a fan motor?
And if there is, what are the levels of i
j 4'
the gamma radiation that might be present in the environment j
i 5
9 4I in which this motor would be required to operate?
What kind of an actual test condition should this 7
motor be subjected to to give you the assurance of reliability?
' s Isl If you test it in an un-irradiated atmosphere you might find 10 l adequate performance, but in a radiated steam-saturated 1: !
atmocphere you might get a different result.
I Are there any data in that regard that you can 12 13 submit to support that condition of reliability?
Let's turn once more to the item of sodium thio-14 15 sulfate.
There is some data which indicate that sodium thio-ts,
culfate may decompose at high termperatures.
I don't knos I
17 what those temperatures are.
I think it might be i
48 C. And is that a likely condition in this situation?
I 0
is n, i don't know.
Aro you able to supply data in that regard?
j l
The Staff does indicate in its analysis that there {
e3 may be possibilities of instability in the sodium thiosulf ate, i
It and this may be that to which they refer.
If so, will they 12 I
so indicate; and, if not, will they indicate what the s
instability is to which they do refer?
l 24 !
And in connection with the use of the sodium re i
YE
(
n I
78 eb5 I
thiosulfate, what are the temperatute limits of the surfaces l
of the metal on which the sodium thiosulfate may attach in 2l 3
the event of its'use? And does that affect its efficiency i
A.
in any regard?
A problem that I had which may be of a somewhat l
3-philosophic nature, but on which I would appreciate hearing f
j g
the views of the staff at the evidentiary hearing relates 7
in part to the comments by the Fish aad Wildlife Service in c
the letter which is attached to the Staff's Safety Analysis.
o And without reading it now this is my recollection, and you 10 can check it for accuracy.
But I wonder what is the view
.gt.
)
of the staff as to some of these factors.
12 As I understand, in the Crystal River water environ-13 fat ment there are oysters and a substantial amount of seafood, food fish in this area.
What are the concentration limits a
n, of those oysters?
Is there a likely reconcentration factor involved, even to the extent of the small quantities of gy radioactivity intended to be released in a controlled manner It I
from this reactor project?
But will there be a reconcentra-g
/
tion in the oysters and in the fish which could, or could n t, lead to public health and-safety considerations?
I 28 don't know.
If there are, doea the staff believe that 22 some provision should be made to avoid that reconcentration a
yl which might, or might not, involve public health and safety 1
q.
3l matters?
l
, _. ~.. _
" mm +
. p -
l eb6 79 i
Now the Fish and Wildlife Service I understand has
'I requested some data. Are those data which they requested 8
h i
related at all to public safety?
i If they are, should those I
L. data be presented in this proceeding so that the reactor 4
f i
5 design can be guided accordingly?
y a-i MR. TURNBULL:
Mr. Jensch, sir, I hesitate to f
e I \\c
.f interrupt; but this le one of the factors, or the points
, if 4
I may s'ay so, of the State in its, shall I say, administra-tion of the problem, if a problem arises down the line 48 We will be prepared to submit testimony to you, p
if you desire to havo it, on the 16th.
And we anticipate
'42 that this is our problem, and thir will be included inoour 13 l
statement to you on that date, to CHAIRMAN JENSCH:
Thank you.
54 My inquiry was in reference to the staff analysis 14 and the attachment thoroto.
The amount of radioactivity to
.t?
bo released is, in my understanding, a concern of the l
13,I Atomic Energy Commission under the Atomic Energy Act The' State would likewise have an equal interest in those matters is as j But my inquiry was to request a statement of views by the 23 l Staff of some of these problems of possible reconcentration
?
22!
which may affect the views of the Staff as to the amount of i
liquid effluent which should or should not be relecsed from 23 i
24 this plant.
1
(
23f That is not to deny that there is not an interest
-~.-~n-eb7 80 in the expression of the State concerning the same matter.
I But I also wanted to get the views of the Staff on those 8
things.
i 4
For instance, on page 96 of the Staff Safety I
5 Analysis it deals particularly with some of these matters e
from Fish and Wildlife, stating that Part 20 of 10 CFR, the j
7 regulation of the Commission dealing with the levels of 8
radioactivity are intended to relate solely to drinking D
water by a man.
The Fish and Wildlife raises whether there to is sufficient consideration to the reconcentration limits 5:
of radioactivity in sea foods -- fish, oysters, or whatever it it may be; and, if so, does that involve a jurisdictional la matter of the Commission and, if so, in what way should it i
End10 84 be handled?
15 j
16 17 18 I
19 f 3.
24 22 10 24 2S
~.--
N f11 I inferred from the last letter from Fish and Wild-i life which is on page 101 that they felt that their concerns g
s expressed in their previous letter had been somewhat dis-3 regarded or overlooked perhaps in some of the presentations by 4
the applicant and it may be that the iurisdictional aspect 5
of it was not sufficiently delinea';sd to justify the applicant in making a presentation.
And my inquiry is of the staff, 7
s N what is its view respecting that matter?
The Fish and Wildlife said the frequency of sampling was n t indicated, and the current velocities and patterns in 10 the estuary receiving the plant effluent were not calculated g
nor was there a program by which calculations would be nada.
Now if there is a jurisdicational problem arises u
out of the reconcentration then what is the staff's view as to y
the manner in wh'ich it thinks it should be handled?
MR. WOMACK:
May I interrupt?
It might be a helpful Is comment.
g This has been gone into very extensively in the Turkey Point application and it might assist the staf f in
'( looking into that problem on the Turkey Point plant.
CHAIRMAN JENSCH:
Any suggestions you have for the staff I'm sure will be appreciated. The staff can submit its view at the evidentiary hearing and need not respor d
I would like to return again to pages 56 t 1 5.
,f the staff's Analysis, which Dr. Greuli.
did 9::,c to in his g
g
' ob2 y
82 i
I I
i i
i
- i inquiry.
i I
2 I think the staff in this Analysis has dealt with i
2 more figures to give us the basis for evaluating their con-I,
!l. clusions than have heretofore appeared and it has been very 3
(
4 g
3 ;' helpful at least to me to observe the details of several of l
l r
3 J } its calculatione.
But despite that, I still have some inquiries.
s i
s!
And I reemphasize thalast paragraph on page 56, j
4 t.
o :*g which Dr. Greuling read in part.
As I understand, the appli- ;
i I
3 cant beliovos that either the sprays or filters will help cut
- o down the iodine rcicasos and therefore particular inquiry i
E p might well be directed to the efficiency and effectiveness of P.
t; either one or both of those alternatives.
I centioned the t
( sodiu; t.1iosulfate beforo. The second concerns the filters,
l
- 3 4
i q and we go through some of tho inquiries, especially in view f
e,,
d n.; of the high thermal level in this proposed reactor.
N e3 :i What testing can be undertaken of the filters,
'i k
l g7 ! first, the absoluto filtors?If you use the DOP will that cec-l.
l tlo on the charcoal filters and lesson the efficiency?
If
- 3 i I
the neat is of such a level that the charcoal filters are
., 9 Ij ineffective, is there also the possibility that the charecal l
- 3 8
i filtars might to set on fire?
Are there data in reference to,
y l
o eithar of Ihood mat ters and if so, what are they? Waat is l
3 the baris fce che cptimism respecting the filters?
l e,.
l ne At page E7, the staff believes the expericental work I, l
i in the RCD progra: provides reasonable assurance that the 73 i
I WP
eb3 83 t
6 8
reduction factors can be achieved.
Is it really RED if you 2 4l know the msults are going to be there? Maybe there are come I
data that move that along a little.
I would be appreciative a
l 4
4 l of having those references.
5 I do not believe I have any further inquiries except i
i
(.
el one:
14 7p Would either the applicant or the staff or the u
- State as well propose a definition or an outline of a quality 9 'l control program that will assure that the components will meet l
i to the specifications sought, and how will the specificatiens be i
si i prepared to assure that the desirable results will be had from l
tha components intended to be utilized for the project?
12
- l' I think that all parties here know that seemingly 33 l
14 there is an increasing concern in quality control.
It is an
(
[
oacy statement to express.
Everybody hopes to avoid.
Everv-15 13 body hopes to avoid sin and iraproper equipment.
But to set 1
17 up the program for quality control I think io quito difficult, 39 and i believo the Board would appreciate a statecent in sus-g,:{ mary form as to how quality control can be had.
1 I think that in one previous reactor cace there was gg a3 some concern about the contractual arrangement that would
'!th assure quality control.
There was some hesitancy to indicate l
22
{
- t arrangamenth that had been nadc in that regard.
1 think the 7
objective is to cave a competent qualified individual or group 24 g3,; able to exercise a control that will assure quality.
Is that L
8 ab4 8%
' h present here in this proceedings?
I, E,
1 realize that every utility in pmposing -- each
'8 l
utility proposing a nuclear projset has the ultimate respon -
'a sibility to assure that the project can be construcied and 6
operated without undue risk to the heath and safety of the o{
public but many of these utilities, in expressing that as-i 7l sumption of responsibility are nom hopeful than qualified to Iaj undertake that work.
I don't say that that is present here, t
9j but I think the m are organizations which now generate elec-to ;
tricity which believe that they can go into the nuclear field i
n with the same ccapetence as they have operated their fossile it fuel planto, and I think there is sone dispute as to that n-view.
14,)
And I think that as these constructions get delayed
(
15 and the pmjects are off-line or off time schedules, part of Is '
the problem may be due to t.he lack of adequate quality con-ny trol.
his Board, I believe, is anxious to observe o program i
- g that will assum that quality will be had by the applicant l
3, rather than requiring the applicant to build a large plant i
g ] that may have to be operated at lesser power than projected in order to achieve the safety that is required.
21 g
In page 55 again of the staff Analysis, the last
'l l
line of the first paragraph states :
73 g
"With this high re=cval constant for u'
iodine the dose becomes directly proportional to i
L
= = _ _.
~ - - -
I the amount assumed non-removable and to *.he atmos-2 pheric dilution assumed."
3 I wonder if that statement could be reflected in a g
1
}
calculation and presented at the evidentiary hearing? What d !
4 5 :
is the formula and what is the source of the data to support j
f a!
it? Are there any experiments that justify the use of the 7t components of that calculation?
8 Inquiring in that connection,how many thousands of s
9 curies are in this 5 percent, the so-called non-ramovable which as I understand it is the organic iodine or the methyl 30 1 i
er iodide? And is this a new phraseology that is developing, j
fr !
non-rumovable instead of organic instead of methyl iodide?
i is l Where did this term--
I'm sorry, I have never observed "non-is '
removablo," have never observed that term before, and maybe l
I m'
such data on that has escaped my attention.
l
?
is On page 55 there was a figure of 1.5 building wake i
i i
which adds to the dilution and dispersion as I understand it, 17 and I wonder how that figure was derived.
Are there data for I
!s that?
And I wonder if it coula be presented as a chart?
- s Where is the vont in reference to the springline of this t
=g i
o reactor building?
And could you give us some flow diagrams l
1 of wind to chow how the wake would develop; especially if il 3: j the wind io coning over the cylindrical area of the reactor i
and crossing the vent, how does the vako develop, which I 1n
- s
- undsratand in dependent upon the ' cylindrical construction.
t WP
i i
e I
l The aerodynamics of that diagram would be helpful to me at
)
+
'2 least.
3i We have proceeded without interruption in order to i
4 utilize all available time.
It may be noted that the Board j
l P
5 is desirous of viewing the site but it is the observation of j
I the Board that there has been some rain inthis area for some s
y, few days prior to this date, and I don't know what the outlook o,
is, whether you need pontoons to get in there, but it might sf be that July might be a dryer time, and if it is equally se '
satisfactory to the applicant to permit the Board to view the ll I
site at that time, maybe that would be a better time.
q 3 MR. DUNN:
Mr. Chairman, ws are familiar with the status of the site at this moment and we would solicit, in
,3 the best interects of this Commission, that you perhaps take u!
I,'
tel the time today to go see it.
It is not difficult to get to Is [
it.
There are well-paved roads, and not innundated.
We l!
woulc solicit your visit on this date.
.1 gy 18 If 30 2'
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r 3 :
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.jon1 1
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1 Hr. Chairman, it is about ten minutes from here 2 i to the site, and this could be accomplished very thoroughly 8 f in less than an hour.
4 CHAIRMAN JENSCH:
Thank you.
That is very helpful I
{
3 in our consideration.
i 6
We have some travel plans that are giving us some 7 l problem.
One member of the Board may not be able to utilize O
this opportunity at this time.
I D
Would it be agreeable to the applicant -- and it to may be stated that the Board does not desire to view the i
i t. :
site unless there are present all representatives of the rt i parties, if they are able to be present.
We appreciate the i
is '
oppcrtunity to view the site; but in order that all parties I
14 may be assured that we are not getting a sales pitch on the j
15 program in the meantime.
I know the. applicant woula not so is undertake in any respect.
17 HR. DUNN:
Mr. Chairman, we have made.arrangenents sq
'a that the Board could view the site in complete isolation.
g
_ CHAIRMAN JENSCll:
The Board will be prepared to 1
- s depart the office location of the lioliday Inn at 7:30.
If there could be a lead car proceed from that point at that it 2
time we would like to do it, and to follow it, and then
- g endeavor to complete it within an hour.
24 HR. DUNN:
The car will be there at 2:30, Mr.
N Chairman.
i
- . jon?
j l
88 i.
i 1
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CHAIRMA!! jet:SCH:
Is there any objection on the
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I f
part-of the parties?
g 3
MR. TJRNEULL:
Noae whatsver, Mr. Chairinan, s
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1 t.
CllAIRgN JEliSCli:
The staff?
I d
a MR. !!ADLOCK:
l'o objection.
j 1 ;
MR. TdR!IEULL:
May I inquire, would you core back l
]
l i
here or uould you cisperse and consider the meeting closed?
)
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2 ]
CilAIR.1All JENSCH:
'n'e will close the meeting in a 8
.l i
5 ;l few :uinctes, un t.ent ti:ere is comet, ting further.
And this l
i 10 will be dono sort of extra-curricularly.
M Is thsre any other matter that any of the parties c
)
12 would desire to preser.t fer consid2 ration at this tir c?
.1 1
13
't The waplicant?
1 t
f.i MR.. DJilN :
!* r. Chairman, I would like to mal:e. a ver /j d
l
'll chort concludint :: tate. ment here to the effect that th.i 3G is 3 applicant will sub:-it well in advance of the July 15 hearing,tys 17 evidentiary hearing, cnd we hope by June 28th, our cc.stimony 3;;
of our witnesses, our then as-fine-as-can-be summary I
j description of the apg,lication and other sworn statements
- g J
p$
for this Board's consideration and the other parties'
.I
., y consideration.
4 22. ; -
The testimony to be given by the applicant at the hearing, the evidentiary hecring, 4i11 respond to the n..!
I g
questions that fou have directed to the applicant, an.i tne concerns of tr.e Botrd that have baan presented to us :03ay.
it:
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CHAI?J!AF JEllSCH:
Thank you.
Does tne staff have anythir.; further?
-5 i
8 P.P.. Bl.6LO CK :
!!othing further.
1 s
1!s C'!AIPJ!AN jet:SCH -
The State,cf Florida?
[
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y-
.s s-j P.E. TORNBULL :
.!othing further.
I 5
3 C!!AIRHAN JENSCH
'T.v.nk ocu.
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Ti.ers ceing nothing f*2rther, the pre-!aariar, j
conference is recu concluded.
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Gincre upon, at 1:20 pop.,
1.he pre-hearing l
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