ML20050W028
| ML20050W028 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/12/1982 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | MAPLETON INTERVENORS |
| References | |
| ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8204150071 | |
| Download: ML20050W028 (2) | |
Text
I i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION T2 APR 13 E11:19 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
'r s
Charles Bechhoefer, Chairman
. ;- L
~
Dr. Frederick P. Cowan Dr. Jerry Harbour SERVED ApgIg Jggg
)
Docket Nos. 50-329 OM In the Matter of
)
50-330 OM
)
CONSUMERS POWER COMPANY
)
Docket Nos. 50-329 0 "
m/g
)
50-33 f'
(MidlandPlant, Units 1and2))
s
' April 12, 1982 jf?,
y N
ih D
gh g$ g $
6/D MEMORANDUM AND ORDER T
%g
/
9 (Denying Wendell Marshall's Motion For y
b'~
A; g
Termination of Construction Pending J'
Resolution of EMP Issue)
-fN 51W On December 16, 1981, Mr. Wendell H. Marshall, representative of the Mapleton Intervenors and a party in the pending operating license proceeding, filed a letter (which we interpret as a motion) asking this Board to halt construction of the Midland facility pending resolution of an assertedly unresolved generic safety issue concerning the potential effects o# electromagnetic pulse (EMP) on nuclear power plants.
In letters dated January 21,1982 (at pp.10,15) and February 23, 1982, Mr.
Marshall provided further comments on the EMP question. And by letters dated March 22 and 25,1982, Mr. Marshall reiterated his request to stop construction.
In responses dated December 28, 1981 and January 25, 1982, the Applicant and Staff, respectively, opposed the request on the basis of i
its lack of relevance to the ongoing OM proceeding and, hence, its not 7
being properly before this Board.
V5 ID i
8204150071 820412 PDR ADOCK 05000329 G
y As we understand it,. the electromagnetic pulses to which Mr. Marshall is referring would possibly result from a nuclear detonation at a high a.'titude and could affect the operation of nuclear plants. The NRC Staff is apparently conducting certain studies on the effects of EMP on nuclear plants.
We agree with the Applicant and Staff that this matter is not relevant to the soils matters which are presently before this Board.
Beyond that, the matter cannot be considered as a part of our forthcoming operating license review, since it is barred by 10 C.F.R. 50.13, which provides An applicant for a license to construct and operate a production or utilization facility, or for an amendment to such license, is not required to provide for design features or other measures for the specific purpose of protection against the effects of (a) attacks and destructive acts, including sabotage, directed against the facility by an enemy of the United States, whether a foreign government or othei person, or (b) use or deployment of weapons incident to U.S. defense activities.
To the same effect, see Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2), LBP-81-42,14 NRC 842 (1981); id., LBP-81-57, 14 NRC 1037 (1981).
For the foregoing reasons, it is, this 12th day of April,1980 ORDERED That Wendell H. Marshall's request for us to halt further construction on the Midland f acility pending resolution of the EMP question be, and it hereby is, denied.
FOR THE ATOMIC SAFETY AND LICENSING BOARD 1Abm bs Aa/>
charws Bechhoefer, Chairmy ADMINISTRATIVE JUDGE