ML060390285
| ML060390285 | |
| Person / Time | |
|---|---|
| Site: | Oyster Creek |
| Issue date: | 01/30/2006 |
| From: | Covino J AmerGen Energy Co, State of NJ, Dept of Environmental Protection |
| To: | Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel |
| Byrdsong A T | |
| References | |
| 50-219-LR, ASLB 06-844-01-LR, RAS 11153 | |
| Download: ML060390285 (12) | |
Text
/ 153 / DOCKETED USNRC January 30, 2006 (4:23pm)
UNITED STATES OF AMERICA OFFICEOFS NUCLEAR REGULATORY COMMISSION RULEMAKINGS AND ADJUDICATIONS STAFF ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges E. Roy Hawkens, Chairman, Dr. Paul B. Abramson and Dr. Anthony J. Baratta In the Matter of: ) January 30, 2006 AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-L.R.
(License Renewal for Oyster Creek ) ASLB No. 06-844-01-L.R.
Nuclear Generating Station
)
SUPPLEMENTAL BRIEF OF PETITIONER NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION ON ISSUE OF REGULATIONS GOVERNING CUMULATIVE USAGE FACTOR Honorable Chairman Hawkens and Judges Abramson and Baratta:
Petitioner New Jersey Department of Environmental Protection ("NJDEP") submits this Supplemental Brief, pursuant to the Order of the Atomic Safely and Licensing Board ("Board"),
issued on January 23, 2006. This supplemental brief addresses the requirements of the regulations governing the establishment of the cumulative usage factor ("CUF") to be applied as part of the metal fatigue evaluations for the reactor coolant pressure boundary and associated components of the reactor at the Oyster Creek Nuclear Generating Station ("Oyster Creek"). Metal fatigue is the subject of the second contention raised by NJDEP in its request for hearing and petition for leave to intervene in the proceeding filed by secy- o;L
AmerGen Energy Company ("AmerGen") on its application for renewal of the license issued for Oyster Creek.
BACKGROUND Metal fatigue evaluations are critical in predicting the useful life of a structural component and when it must be replaced.
Mechanical and thermal changes, or transients, result in cyclic loadings on the component. The degree of stress placed upon the given component in each cycle and the number of anticipated cycles in the component's useful life yield a fraction which is the individual usage factor. The sum of all the fractions of the transients is the CUF for that component.
The Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers ("ASME Code") has been recognized in the nuclear power industry for decades as the accepted standard for the establishment of CUFs for the reactor coolant pressure boundary and associated components. Indeed, the ASME Code was approved for incorporation by reference in applicable regulations of the Nuclear Regulatory Commission ("NRC"). 10 C.F.R. 50.55(b).
The Oyster Creek reactor vessel was designed in accordance with ASME Code Sections I and VIII and the Reactor Pressure Vessel Purchase Specification Design Requirements. The CUF in effect when Oyster Creek began operations in 1969, was, and remains, 0.8. As AmerGen acknowledges, " [T]he CUF of 0.8 was a specification provided by the General Electric Company, the vessel's manufacturer." (AmerGen Answer Opposing NJDEP Request for Hearing, page 19). The instant legal dispute arises because, in its license renewal application for Oyster Creek, AmerGen makes extensive use of a different CIJF, 1.0.
A CUF of 1.0 is less stringent than one of 0.8. NJDEP has observed that: "Using a CUF of 1.0 would be outside Oyster Creek's current licensing bas:Ls (CLB) and would result in a 25 percent increase in allowable fatigue life beyond that specified by the Code of record for Oyster Creek thereby significantly reducing the margin of safety for metal fatigue." (NJDEP Petition, Contention 2, page 2 of that contention). The extent to which the 0.8 CUF would be exceeded during extended operation is neither known to NJDEP nor specified in AmerGen's license renewal application. Id. This is particularly troubling because Oyster Creek began operations in 1969, and this renewal proceeding "would be the first practical test of nuclear operations beyond a 40-year license." (Letter of NJDEP Commissioner with Petition for Hearing, page 2).
LEGAL ARGUMENT AmerGen's use of the CUF of 1.0 in the license renewal application is not permitted at the present time. Since Oyster Creek was built in 1969, the originally-applicable 0.8 CUF must continue to be used. NRC's regulations are clear on this point.
"For a nuclear power plant whose construction permit was issued prior to May 14, 1984 the applicable Code Edition and Addenda for a component of the reactor coolant pressure boundary continue to be that Code Edition and Addenda that were required by Commission regulations for such componen-: at the time of issuance of the construction permit." 10 C.F.R. 50.55a(c)(4).
Despite the express language of that provision, both NRC Staff and AmerGen claim that AmerGen may nonetheless use the 1.0 CUF. They primarily base their argument on the language of an NRC rule, found at 64 F.R. 51381, which applies only to versions of ASME Section III (See "Section III" caption to the rule, sec.
2.5.1). That rule states: "For operating plants, [section] 50.55a permits licensees to use the original construction code during the operational phase or voluntarily update to a later version which has been endorsed by 10 CFR 50. 55a." Id. (AmerGen Answer to NJDEP, at 20; NRC Staff Answer to NJDEP, at 16). That provision does not, however, support the argument that AmerGen may use a CUF of 1.0 in its license renewal application. All it does is provide AmerGen with the opportunity to update, an opportunity it has had since ASME Section III came into effect in 1973. NRC Staff's reading of 64 F.R. 51381 again applies only to ASME Section III. It states:
"A licensee retains the option, under section 50.55a(c), to voluntarily update...." (Staff Answer to NJDEP, page 16). While AmerGen may have that option, it has simply not yet exercised it.
It has not updated its CUF.
Indeed, on December 9, 2005, three days before filing its Answer to NJDEP's Petition, AmeerGen stated in a letter to NRC that it "will" incorporate an updated metal fatigue analysis limit into its current licensing basis. (AmerGen Answer, Exhibit 1, page 1).
"Specifically, this revision will change the cumulative usage factor from 0.8 to 1.0 in accordance with ASME Section XI, Appendix L." Id. AmerGen's use of the future tense in the letter is significant. The letter was, at best, indicative only of future action. It did not effectuate the update. In order to update, AmerGen must request, and receive, authorization from the Director of the Office of Nuclear Reactor Regulation after a public process.
10 C.F.R. 50.55a(a)(3). UnLess and until it receives such authorization, AmerGen's CUF remains at 0.8.
CONCLUSION Based on the foregoing, Petitioner New Jersey Department of Environmental Protection submits that NRC regulations require AmerGen's cumulative usage factor for the reactor coolant pressure boundary and associated components at the Oyster Creek Nuclear Generating Station be considered as 0.8 for relicensing purposes.
Respectfully submitted, NANCY KAPLEN i CIR A E GENERAL OF NEW JERSEY By:
t ohn A. Covino Deputy Attorney General Dated in Trenton, N.J., this 3Cth day of January 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AN]D LICENSING BOARD In the Matter of: January 30, 2006 AmerGen Energy Company, LLC Docket No. 50-219-L.R.
)
(License Renewal for Oyster Creek ASLB No. 06-844-01-L.R.
Nuclear Generating Station)
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance in the captioned matter. In accordance with 10 C.F.R. 2.314(b), the following information is provided:
Name: John A. Covino (Deputy Attorney General)
Address: Environmental Permitting & Counseling Section Division of Law Hughes Justice Complex P.O. Box 093 Trenton, New Jersey 08625 E-Mail: John.Covino@law.dol.l s.state.nl.us Telephone: (609) 984-5612 Facsimile: (609) 341-5030 or (609) 984-9315 Admissions: New Jersey, U.S. District Court of New Jersey and the U.S. Court of Appeals for the Third Circuit.
Name of Party: New Jersey Department of Environmental Protection (NJDEP). My authority to represent NJDEP is based upon my assignment within the Divis:Lon of Law to do so.
Rep ifully submitted, John A. Covino Deputy Attorney General
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges E. Roy Hawkens, Chairman, Dr. Paul B. Abramson and Dr. Anthony J. Baratta In the Matter of: ) Docket No. 50-219-L.R.
AMERGEN ENERGY COMPANY, LLC ) ASLB No. 06-844-01-L.R.
)
(License Renewal for Oyster Creek ) January 30, 2006 Nuclear Generating Station
)
CERTIFICATE OF SERVICE I hereby certify that the Supplemental Brief of Petitioner, New Jersey Department of Environmental Protection, and Notice of Appearance of John A. Covino, Deputy Attorney General, were sent on this 30th day of January, 2006, by e-mail and, where designated, also by U.S. Postal Service to each of the following:
Secretary of the Commission:
Form of Service: E-Mail & original and two copies via U.S.P.S.
Mailing Address:
Office of the Secretary ATTN: Docketing and Service Mail Stop 0-16 Cl United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-Mail Address: HEARINGDOCKET@NRC.GOV Administrative Judge/Chair of Board:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
Hon. E. Roy Hawkens, Administrative Judge & Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, D.C. 20555-0()01 E-Mail Address: ERH@nrc.gov
Service List - I/M/O AmerGen Energy, Dkt. #50-0219 Page 2 of 6 Administrative Judge Abramson:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
Dr. Paul B. Abramson, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-Mail Address: PBA@nrc.gov Administrative Judge Baratta:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
Dr. Anthony J. Baratta, Administrative Judge Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-Mail Address: AJB5@nrc.(Iov Judicial Law Clerk:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
Ms. Debra A. Wolf Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 United States Nuclear Regulatory Commission Washington, D.C. 20555-0001 E-Mail Address: DAWI@nrc.(aov
Service List - I/M10 AmerGen Energy, Dkt. #50-0219 Page 3 of 6 Office of Commission Appellate Adludication:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Office of Commission AppeLlate Adjudication United States Nuclear Regulatory Commission Washington, DC 20555-0001 E-Mail Address: HRB@nrc.aov Office of General Counsel, NRC:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
Office of General Counsel United States Nuclear Regulatory Commission One White Flint North Rockville, Maryland 20852-2738 E-Mail Address: OGCMAILCEIqTER@NRC.GOV Mailing Address:
Daniel Hugo Fruchter, Esq.
Office of General Counsel United States Nuclear Regulatory Commission One White Flint North Rockville, Maryland :20852-2738 E-Mail Address: dhf@nrc.gov Mailing Address:
Ann P. Hodgdon, Esq.
Office of General Counsel United States Nuclear Regulatory Commission One White Flint North Rockville, Maryland :20852-2738 E-Mail Address: aph@nrc.aov For Amergen Energy:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Service List - I/M/O AmerGen Energy, Dkt. #50-0219 Page 4 of 6 Mailing Address:
Alex S. Polonsky, ESqI.
Morgan, Lewis & Bock-us, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-Mail Address: aPolonsky@moraan1ewis.com Mailing Address:
Kathryn M. Sutton, Esq.
Morgan, Lewis & Bock:.Lus, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-Mail Address:. ksutt:on@morpanlewis.com Mailing Address:
Donald Silverman, Esq.
Morgan, Lewis & Bock:Lus, LLP 1111 Pennsylvania Avenue, NW Washington, DC 20004 E-Mail Address: dsilverman@moraanlewis.com For Exelon Corp:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Mailing Address:
J. Bradley Fewell, Exelon Corporation 200 Exelon Way, Suite 200 Kennett Square, PA 19348 E-Mail Address: bradLey.fewell@exeloncorp.com For Nuclear Information and Resource Service; Jersey Shore Nuclear Watch; Grandmothers, Mothers and More for Energy Safety; New Jersey Public Interest Group; New Jersey Sierra Club and New Jersey Environmental Foundation:
Form of Service: E-Mail and U.S. Postal Service (one copy)
Service List - I/M1O AmerGen Energy, Dkt. #50-0219 Page 5 of 6 Mailing Address:
Richard Webster, Esq.
Rutgers Environmental Law Clinic 123 Washington Street.
Newark, New Jersey 07102-5695 E-Mail Address: rwebster~kinoy.rutgers.edu For Nuclear Information and Resource Service:
Form of Service: E-mail and U.S. Postal Service (one copy)
Mailing Address:
Paul Gunter Nuclear Information and Resource Service 1424 1 6 th Street, NW Suite 204 Washington, DC 20036 E-Mail Address: pqun:er@nirs.orQ For Jersey Shore Nuclear Watch:
Form of Service: E-Mail Only Mailing Address:
Ms. Edith Gbur Jersey Shore Nuclear Watch, Inc.
364 Costa Mesa Drive Toms River, New Jersey 08757 E-Mail Address: abur:L@comcast.net For GRAMMIES:
Form of Service: E-Mail Only Mailing Address:
Paula Gotsch GRAMMIES 205 Sixth Avenue Normandy Beach, New Jersey 08723 E-Mail Address: paulagotsch@verizon.net
Service List - IM/10 AmerGen Energy, Dkt. #50-0219 Page 6 of 6 For NJ Sierra Club: Form of Service: E-Mail Only Mailing Address:
Kelly McNicholas New Jersey Sierra Club 139 West Hanover Street Trenton, New Jersey 08618 E-Mail Address: Kellv.McNicholas@sierraclub.orQ For NJ PIRG: Form of Service: E-Mail Only Mailing Address:
Suzanne Leta New Jersey Public Interest: Research Group 11 North Willow Street Trenton, New Jersey 08608 E-Mail Address: Sleta@nipirg.org For NJ Environmental Foundation: Form of Service: E-Mail Only Mailing Address:
Peggy Sturmfels New Jersey Environmental Foundation 1002 Ocean Avenue Belmar, New Jersey 07319 E-Mail Address: psturmfels@cleanwater.orq Mailing Address:
Michele R. Donato, Esq.
Michele R. Donato, P.A.
106 Grand Central Avenue P.O. Box 145 Lavalette, New Jersey 08735 E-Mail Address: mdonatosmicheledonatoesq.com John A. Covino, D.A.G.
January 30, 2006