ML072550278

LB Memorandum and Order (Hearing Directives)

ML072550278
Person / Time
Site:	Oyster Creek
Issue date:	09/12/2007
From:	Abramson P, Anthony Baratta, Hawkens E Atomic Safety and Licensing Board Panel
To:
SECY RAS
References
50-219-LR, ASLBP 06-844-01-LR, RAS 14109
Download: ML072550278 (8)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED 09/12/07 ATOMIC SAFETY AND LICENSING BOARD SERVED 09/12/07 Before Administrative Judges:

E. Roy Hawkens, Chairman Dr. Paul B. Abramson Dr. Anthony J. Baratta In the Matter of Docket No. 50-0219-LR AMERGEN ENERGY COMPANY, LLC ASLBP No. 06-844-01-LR (License Renewal for Oyster Creek Nuclear September 12, 2007 Generating Station)

MEMORANDUM AND ORDER (Hearing Directives)

On September 5, 2007, the Licensing Board in the above-captioned proceeding convened a prehearing telephonic conference with counsel for the parties to discuss matters relating to the upcoming evidentiary hearing. This Memorandum and Order sets forth in greater detail certain items discussed during that call.

A. Requiring Citizens To Expunge Certain Material From Prefiled Exhibits On July 27, 2007, AmerGen and the NRC Staff each filed motions in limine seeking to strike from the record certain portions of Citizens initial written statement of position, and the prefiled direct testimony of Dr. Rudolf H. Hausler. Subsequently, on August 9, the Board issued a Memorandum and Order indicating that we would refrain from actually expunging [any]

irrelevant material from the record[, r]ather, to the extent we conclude that material is irrelevant or otherwise inadmissible, we will accord it no weight (Licensing Board Memorandum and Order (Ruling on Motions in Limine and Motion for Clarification) at 2 (Aug. 9, 2007)

(unpublished) [hereinafter August 9 Order]). Our decision not to expunge the inadmissible material from the administrative record does not mean, however, that it may be admitted into the

evidentiary record.1 Accordingly, consistent with instructions provided to Citizens by the Board during the prehearing telephonic conference call of September 5 (Tr. at 173-74), and pursuant to the rationale in our August 9 Order, Citizens are hereby directed to redact from the prefiled testimony of Dr. Hausler and his accompanying Attachments 3 and 4 the language indicated in Attachment A to this Order.2 Citizens must either remove the offending language from the testimony and Attachments, or otherwise black out the language such that it cannot be read.

B. Opening And Closing Statements Counsel for AmerGen and Citizens will be allowed fifteen (15) minutes each to make an opening statement. AmerGen will present its opening first, followed by Citizens. Counsel for AmerGen and Citizens will be allowed twenty (20) minutes each to make a closing statement.

Citizens will present their closing first, followed by AmerGen.3 C. Witness Panels The Licensing Board will examine witnesses from all three parties in panels in accordance with the panel topics listed below (which generally track the panel topics proposed by AmerGen in its prefiled direct testimony):

Panel Topic 1: Drywell Physical Structure, History, and Commitments Panel Topic 2: Acceptance Criteria Panel Topic 3: Available Margin Panel Topic 4: Sources of Water 1

The reason such material is not purged from the record is that it could become relevant in a subsequent appeal (Licensing Board Memorandum and Order (Denying AmerGens Motion for Summary Disposition) at 6 n.9 (June 19, 2007) (unpublished)).

2 Because Citizens initial written statement of position is not evidence in this proceeding and will not be submitted as an exhibit, to the extent statements made therein are irrelevant or otherwise inadmissible, we will accord those statements whatever weight they merit and will not require them to be deleted.

3 The NRC Staff indicated it would not be making an opening or closing statement (Tr. at 132).

Panel Topic 5: The Epoxy Coating Panel Topic 6: Future Corrosion Panel Topic 7: Additional Questions At present, the Board anticipates covering Panel Topics 1 - 3 on Monday, September 24, and Panel Topics 4 - 7 on Tuesday, September 25. The Board intends to reserve the morning of Wednesday, September 26 to address any remaining questions and to allow for closing arguments. As the Board previously has advised, however, the parties should have their witnesses available for all the panel topics throughout the hearing.

D. Submission Of Motions To Strike Sur-Rebuttal Testimony If a party intends to submit a motion in limine regarding the sur-rebuttal testimony due on September 14, such a motion must be filed and received by the Licensing Board and the other parties no later than 12:00 P.M. on Tuesday, September 18. Any response to such a motion must be filed no later than 5:00 P.M. on Wednesday, September 19.

E. Submission Of Corrections To The Transcript At the conclusion of the evidentiary hearing, the Licensing Board will instruct the parties as to the schedule for submission of transcript corrections.

F. Topic Areas To Be Discussed In Greater Detail At Evidentiary Hearing The parties shall be prepared to discuss in depth all of the topics addressed in their testimony and briefs. In addition, the Board intends to explore in greater detail the topics listed below.

1. In Question No. 11 of our August 9 Order, we directed the parties to discuss the use of the term reasonable assurance under 10 C.F.R. § 54.29(a). See August 9 Order at 10-11. The Board intends to explore this issue further, particularly with the NRC Staff. The Staffs witnesses shall be prepared to explain, using specific examples, the reasonable assurance standard it has used in matters involving measurements of parameters that are at issue in license renewal pro-ceedings, as well as in making determinations as to whether a licensee is in compliance with its Current Licensing Basis. This explanation should include all matters the Staff considers, such as the level of confidence in the data (i.e.,

95/95), and conservatisms in the threshold for satisfaction of the limit at issue.

The Staff should be prepared to provide a foundation for its method of determination.

To the extent AmerGen or Citizens believe they have an expert who can contri-bute relevant information on this matter, they should be prepared to have their expert testify.

2. The Board intends to probe further, with all three parties, the issue of uncertainty in the UT measurements - both systematic and statistical - which was raised in Question Nos. 4, 7, and 9 of our August 9 Order. See August 9 Order at 10.

Only AmerGen provided an answer to Question Nos. 7 and 9 (AmerGens Pre-filed Rebuttal Testimony, Part 3, at 7-9, 17 (Aug. 17, 2007); AmerGen Prefiled Exh. 25), while all three parties provided answers to Question No. 4. See Amer-Gens Prefiled Rebuttal Testimony, Part 3, at 11-14; NRC Staff Response to Initial Presentations and Response to Board Questions at 16-18 (Aug. 17, 2007);

Citizens Prefiled Exh. 38, Memorandum from Dr. Rudolf H. Hausler (Aug. 16, 2007).

To the extent the NRC Staff or Citizens believe they have an expert who can contribute relevant information on matters raised by Question Nos. 7 and 9, they should be prepared to have their expert testify.

3. The parties should be prepared to discuss likely sites for future corrosion - if any

- in light of the corrective actions taken by AmerGen. See, e.g., [AmerGen]

Initial Statement of Position at 6-7 (July 20, 2007) (listing corrective actions taken to protect[] the exterior of the drywell shell in the sand bed region from further corrosion).

4. For the Board to make a determination as to whether AmerGens proposed frequency for conducting UT measurements will maintain an adequate safety margin, the Board must have a thorough understanding of the acceptance criteria against which the UT measurements are compared. In that context, AmerGen and the NRC Staff shall be prepared to explain:

(a) the manner in which the current general and localized acceptance criteria were derived by General Electric (GE); in particular, the distribution of thicknesses assumed in the GE analyses.

(b) the extent to which the general and localized acceptance criteria have changed over time and the reasons for those changes.

All parties shall be prepared to discuss how the current state of the drywell shell (i.e., its actual thicknesses distribution function, as measured) is properly considered against the particular geometrical pattern used by GE in its analyses.4 4

The Board emphasize that, although we may ask questions about the derivation of the acceptance criteria (or other topics that we previously have ruled are beyond the scope of this proceeding), our inquiries should not be construed as questioning the validity of the accep-tance criteria. Nor should our inquiries about non-litigable topics be construed as rendering

5. AmerGens Commitment 2 states that [a] strippable coating will be applied to the reactor cavity liner . . . during periods when the reactor cavity is flooded, at the following Implementation Schedule: Refueling outages . . . during the period of extended operation (AmerGen Prefiled Exh. 10, Letter from Michael Gallagher, AmerGen, to NRC (Feb. 15, 2007), Encl. at 2).

AmerGen and the NRC Staff should be prepared to discuss whether the terms of this commitment extend to non-refueling outages (i.e., forced outages) that could arise during the period of extended operation. If yes, are there safety concerns that could arise during those forced outages that would prohibit or otherwise delay AmerGens ability to apply the strippable coating.

It is so ORDERED.

THE ATOMIC SAFETY AND LICENSING BOARD5

/RA/

E. Roy Hawkens, Chairman ADMINISTRATIVE JUDGE

/RA by E. Roy Hawkens for:/

Dr. Paul B. Abramson ADMINISTRATIVE JUDGE

/RA/

Dr. Anthony J. Baratta Rockville, Maryland ADMINISTRATIVE JUDGE September 12, 2007 those topics litigable. Rather, the purpose of such questions is to acquire an understanding of the subject matter sufficient to enable us to accompany our decision with a fully explicated rationale. Because the Board is acutely aware of the limited scope of this proceeding, and because this hearing must end no later than noon on September 26 pursuant to the parties request, we strongly urge the parties to be circumspect about raising objections to questions by the Board that seek to enhance the Boards understanding of related topics. See Tr. at 158-59.

5 Copies of this Memorandum and Order were sent this date by Internet e-mail to counsel for: (1) AmerGen; (2) Citizens; (3) the NRC Staff; and (4) New Jersey.

ATTACHMENT A Document, Page No. (And Language To Be Deleted Or Otherwise Redacted Answer No., Or Location)

Prefiled Direct Testimony of Dr. 5. The areas thinner than 0.736 inches in Bays 1 and 13 Rudolf H. Hausler [hereinafter are grooves, not squares. It is unclear how to apply Direct Testimony] at 6; Answer acceptance criteria that assume the corroded areas are 15(5) in its entirety squares to such grooves, which could have more effect on buckling capacity for the same area.

Direct Testimony at 8; A possible alternative would be to adapt real-time Answer 19 (final 3 sentences) corrosion monitoring technology to measure corrosion of the drywell in real time. While I do not know of any nuclear power plant where this has been done, I do know of other successful applications of real-time corrosion measurement. There appears to be no technical reason why it could not be done.

Direct Testimony at 8; In addition, the exterior measurements are the only Answer 20 (final sentence) measurements that allow us to estimate the areas that are corroded beyond acceptance thresholds.

Direct Testimony, Att. 3 All redacted material indicated in the margins shall not (Memorandum from Dr. Hausler appear in Exhibit B.

(Apr. 25, 2007 - redacted version July 19, 2007)

[hereinafter Attachment 3])

Att. 3, at 1; It is shown that the UT monitoring locations (6 by 6 inch First bullet, second sentence grids inside the drywell) as defined in 1989 are not representative of the corrosion, which had occurred in the sand bed region.

Direct Testimony, Att. 4 Finally, the acceptance criteria have been based on (Memorandum from Dr. Hausler modeling of square areas of corrosion less than 0.736 (July 18, 2007)) at 12-13; inches. However, in Bays 1, 15 and 19 the most corroded Final paragraph in its entirety areas are actually long grooves. It is likely that such grooves have more effect on the stability of the drywell shell than square areas because the stresses cannot easily distribute around such areas. In the absence of further modeling of the effect of these shapes on stability, it is prudent to use conservative acceptance criteria to review these grooves, based on the modeling conducted to date, especially in Bays 1 and 15 where the average thickness is, at best, very close to 0.736 inches. Thus, the area below 0.736 inches should at least be smaller than one square foot, and thicker than 0.636 inches on average as it appears AmerGen also decided in 2006, after careful consideration.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

AMERGEN ENERGY COMPANY, LLC ) Docket No. 50-219-LR

)

)

(Oyster Creek Nuclear Generating Station) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB MEMORANDUM AND ORDER (HEARING DIRECTIVES) have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication E. Roy Hawkens, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge Paul B. Abramson Anthony J. Baratta Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Mitzi A. Young, Esq. Richard Webster, Esq.

Mary C. Baty, Esq. Rutgers Environmental Law Clinic Office of the General Counsel 123 Washington Street Mail Stop - O-15 D21 Newark, NJ 07102-5695 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Paul Gunter, Reactor Oversight Donald J. Silverman, Esq.

Kevin kamps Kathryn M. Sutton, Esq.

Beyond Nuclear Alex S. Polonsky, Esq.

Nuclear Policy Research Institute Morgan, Lewis & Bockius LLP 6930 Carroll Avenue, Suite 400 1111 Pennsyvlania Ave., NW Takoma Park, MD 20912 Washington, DC 20004

2 Docket No. 50-219-LR LB MEMORANDUM AND ORDER (HEARING DIRECTIVES)

Bradley M. Campbell, Commissioner Jill Lipoti, Director New Jersey Department of New Jersey Department of Environmental Protection Environmental Protection P.O. Box 402 Division of Environmental Safety and Health Trenton, NJ 08625-0402 P.O. Box 424 Trenton, NJ 08625-0424 Ron Zak J. Bradley Fewell, Esq.

New Jersey Department of Exelon Corporation Environmental Protection 4300 Warrenville Road Nuclear Engineering Warrenville, IL 60555 P.O. Box 415 Trenton, NJ 08625-0415 Suzanne Leta John A. Covino, Esq.

NJPIRG Ellen Barney Balint, Esq.

11 N. Willow St. Valerie Anne Gray, Esq.

Trenton, NJ 08608 Caroline Stahl, Esq.

Deputy Attorneys General New Jersey Office of the Attorney General Environmental Permitting &

Counseling Section Division of Law Hughes Justice Complex P.O. Box 093 Trenton, NJ 08625

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 12th day of September 2007