1987, excerpted]] 1.1.2 (m) Potential for terrorism and an analysis of its impacts should also be factored by the Nuclear Regulatory Commission in a generic manner as NIRS has stated in our “Response to Blue Ridge Environmental Defense League’s Petition to Dismiss Licensing Proceeding, or in the Alternative, Hold it in Abeyance” submitted to the Commissioners on 11-05-2001. We further recommend that it be the occasion for revision of generic assumptions about license renewal and high-level nuclear waste generation (10CFR51.23(a)) since the accretion of high-level nuclear waste in both pool and dry storage on these sites considerably impacts the potential source term from a major attack and radiological release. 10CFR51.23(a) makes it clear that high-level irradiated fuel may be assumed to be at the reactor site for up to 30 years after the reactor ceases operation…indeed the license regime for on-site dry casks actually permits up to 120 years of waste on the site, therefore it should be assumed for purposes of analysis that all of the waste generated by the reactors is on the site in the event of a terrorist attack.
1.1.2(n) The application has not effectively analyzed or evaluated the vulnerability of the electrical grid systems, station switchyards to sabotage and the adverse impact on the public health and safety from terrorist attack on these primary power systems that lie outside the applicant units protected areas.
NIRS also filed Contentions 1.1.4 and 1.1.5, which asserted that Duke’s Environmental Report is inadequate because it does not fully discuss the risks of station blackout, including, inter alia, the risk factors created by the potential for acts of sabotage and terrorism.
Duke and the NRC Staff both filed responses in opposition to NIRS’s contentions. See
Response Of Duke Energy Corporation To Amended Petitions To Intervene Filed By Nuclear Information And Resource Service And Blue Ridge Environmental Defense League (December 13, 2001); NRC Staff’s Response To Contentions Filed By Nuclear Information And Resource Service And Blue Ridge Environmental Defense League (December 13, 2001). A prehearing oral argument was held in Charlotte, North Carolina, on December 18 and 19, 2001.1
1 The procedural history of the license renewal proceeding is described in greater detail in LBP-02-04, slip op. at 2.