ML14335A780
| ML14335A780 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/01/2014 |
| From: | Burdick S, Harris B, Jenkins D, Lodge T, Matthews T, Sutton K Beyond Nuclear, Citizens Environmental Alliance of Southwestern Ontario, Don't Waste Michigan, Firstenergy Service Company, Green Party of Ohio, Morgan, Morgan, Lewis & Bockius, LLP, NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| SECY RAS | |
| References | |
| 50-346-LR, ASLBP 11-907-01-LR-BD01, RAS 26968 | |
| Download: ML14335A780 (10) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of ) Docket No. 50-346-LR
)
FIRSTENERGY NUCLEAR OPERATING COMPANY )
)
(Davis-Besse Nuclear Power Station, Unit 1) ) December 1, 2014
)
JOINT PROPOSED CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON NOVEMBER 12, 2014 In accordance with 10 C.F.R. §§ 2.323(a) and 2.327(d) and the Atomic Safety and Licensing Boards (Board) instructions on November 12, 2014 at oral argument, the parties to this proceeding, FirstEnergy Nuclear Operating Company (FENOC), the Nuclear Regulatory Commission (NRC) Staff, and the Intervenors, hereby jointly file their proposed corrections to the transcript of the oral argument on the admissibility of proposed Contention 7 that was held in the above-captioned docket on November 12, 2014 in Rockville, Maryland. The parties respectfully request that the transcript be revised to incorporate the corrections identified in Appendix A hereto.
Respectfully submitted, Executed in Accord with 10 C.F.R. § 2.304(d)
David W. Jenkins Timothy P. Matthews Senior Corporate Counsel II Kathryn M. Sutton FirstEnergy Service Company Stephen J. Burdick Mailstop: A-GO-15 Morgan, Lewis & Bockius LLP 76 South Main Street 1111 Pennsylvania Avenue, N.W.
Akron, OH 44308 Washington, DC 20004 Phone: 330-384-5037 Phone: 202-739-5527 E-mail: djenkins@firstenergycorp.com E-mail: tmatthews@morganlewis.com COUNSEL FOR FENOC Executed in Accord with 10 C.F.R. § 2.304(d)
Brian G. Harris U.S. Nuclear Regulatory Commission Mail Stop O-15 D21 Washington, DC 20555-0001 Telephone: (301) 415-1392 E-mail: brian.harris@nrc.gov COUNSEL FOR NRC STAFF Executed in Accord with 10 C.F.R. § 2.304(d)
Terry J. Lodge (Ohio Bar #0029271) 316 N. Michigan St., Ste. 520 Toledo, OH 43604-5627 Phone/fax (419) 255-7552 tjlodge50@yahoo.com COUNSEL FOR INTERVENORS Dated in Washington, D.C.
this 1st day of December 2014 2
APPENDIX A PROPOSED CORRECTIONS TO THE TRANSCRIPT OF THE ORAL ARGUMENT HELD ON NOVEMBER 12, 2014 (DOCKET NO. 50-346-LR)
Page Line(s) Delete Insert Cvr Title First Energy FirstEnergy 717 15 Operating Nuclear Operating 720 4 Theyll There will 722 13 are set must set 728 16 180 180,000 728 17 280 280,000 square feet 729 4 past pass 732 7 demonstrate demonstrated 734 9 selected selected to bracket 734 19 Intervenor Intervenors 734 20 suggest guess 735 10 have Have 735 11 satisfied satisfies 735 15 hop over hobble the 735 24 regulation regulations 736 13 intervenors Intervenors 736 14 intervenor Intervenors 739 3 its is 739 19 this this is 739 24 salsifies satisfies 740 6 building building is 743 12 did made 747 19 MR. BURDICK MS. KANATAS 751 25 or the and the 752 14 lighter wider 752 16 building building AMP 752 18 changed. That is still the changed the function, which is functioning, is 753 7 we they 753 8 for convenience at their convenience 753 24 is is is 754 2 increasing increasingly 754 23 their theyre 757 16 absolutely absolutely no 758 1 looked in 2000 -- the early era, looked in 2011-12 2011-12 758 16 evaluation evaluation of 761 14 inch rebar to inch rebar spacing to
Page Line(s) Delete Insert 762 13 sense sense is 762 14 designed. There designed with 762 15 was no coding no coating 763 18 So you Do you 764 14 alignment of laminar 765 21 moisture. moisture to migrate.
770 17 building around building and around 773 20 detail details 773 25 The Board -- and so thats our The Board argument 774 1 We cant cant 774 4 You know JUDGE TRIKOUROS: You know 774 4 to be to rule 774 6 JUDGE TRIKOUROS: But But 775 25 fair clear 776 6 cracking and cracking. And 776 8 changing change of 776 9 lost material concrete and loss of material of concrete 776 15 cracked crack 776 18 23 identification 23 inspections 776 19 propagation propagation of 776 23 Microcracking is Microcracking as 776 24 evaluation, evaluation 777 1 drilling building 778 4 tip, it freezes. That tip, and it freezes, that 779 11 best not its best not to 779 14 Thus Thus, 780 1 bucket pocket 780 16 very very many many 781 7 decision discussion 786 2 days a days of a 786 13 about the about 788 18 untimely timely 792 16 others other issues 794 6 BH MR. HARRIS:
794 6 those those things 794 18 evaluations evaluations 794 25 scope. Therefore scope, and therefore 795 7 their Petitioners the Petitioners 795 8 today. They today, they 798 3 against again at 799 5 shielded shield 800 3 susceptible. Its susceptible, its 801 5 wall with wall of 2
Page Line(s) Delete Insert 802 2 ATWIZ ATWS 802 5 account accounted 802 18 considerate consideration 803 3 maps MAAP 803 3 max MAACS 803 7 system systems LOCAs 804 11 incantation contention 805 13 FACE face 807 7 VI B/1 807 9 intervenors Intervenors 807 20 discounting applying 808 1 at looking after looking 808 4 intervenors Intervenors 808 5 Even Even if 808 19 they do they 811 20 my is is my question is 811 25 right. right now.
812 20 discussing discussing it 813 2 intervenors Intervenors 813 9 we need it to be needed 813 18 of USAR or USAR 815 8 function functions 815 23 MAP AMP 817 6 renewal renewed 817 14 a function in conjunction 818 21 is met arent met 820 5 call CAL 822 12 simply was simply 822 14 54, Section 54. Section 822 19 then I direct then it directs 822 21 operating operations 822 23 And just And I just 822 24 proceeding proceeding, 822 25 intervenors Intervenors 823 14 broader a broader 825 13 i would I would 826 8 second. second?
826 16 COB CLB 828 11 structure structures, 830 6 it can that can 830 9 control can change 830 20 us methods use methods 831 3 tracks cracks 831 16 there their 3
Page Line(s) Delete Insert 831 25 work on work by 832 4 ESBWER ESBWR 832 15 intervenors Intervenors 832 17 intervenors Intervenors 833 11 intention contention 836 2 Face FACE 839 3 intervenors Intervenors 840 9 may been may have been 840 16 some we some point we 841 18 not redirecting no redirecting 842 5 to 7 the poor quality, the subpar; as Mr. the poor quality, the subpar -- as Lodge referred to it earlier, quality Mr. Lodge referred to it earlier --
of the Davis-Besse shield building quality of the Davis-Besse shield concrete to begin with building concrete to begin with 843 11 intervenor Intervenors 843 13 raised raised in 843 17 changed-induced change-induced 843 23 intervenors Intervenors 843 25 and amendment an amendment 844 25 (f)(1)(5) (f)(1)(v) 845 1 disputed dispute of 845 2 issue, fact issue of fact 845 3 (f)(1)(6) (f)(1)(vi) 845 4 intervenors Intervenors 845 14 in both both 845 16 intervenors Intervenors 846 5 or I and I 846 6 why why.
846 7 are Are 846 8 than than the 846 20 propagational laminar propagation of laminar 847 8 country Concrete 847 9 society Institute 847 10 use used 849 22 main main steam line penetrations 850 2 was related were related 850 13 plain plane 851 18 concrete cracking 853 2 intervenors Intervenors 853 18 intervenors Intervenors 855 10 intervenors Intervenors 855 24 intervenors Intervenors 856 5 intervenors Intervenors 856 22 an and 4
Page Line(s) Delete Insert 857 7 intervenors Intervenors 857 9 intervenors Intervenors 857 13 intervenors Intervenors 858 3 intervenors Intervenors 859 25 cost cost of 860 3 alternative alternatives 861 23 20.13 2013 861 23 an approval of existing 861 24 any laminar laminar 862 6 20.13 2013 862 14 crack cracks 862 19 that contention that a contention 862 19 basis what basis, what 862 24 you you 862 25 shouldnt didnt 862 25 before. before.
862 25 cant cant 863 1 anything anything 863 6 amp AMP 863 9 might might 863 10 else else 863 10 about without 867 15 PARTICIPANT: MR. MATTHEWS:
868 9 Unfortunate, Unfortunately, 868 14 theyre a theyre a NEPA 868 21 its timely its untimely 868 22 Its Reference 868 24 EER and the FSIS the ER and the DSEIS 869 1 criterion criteria 869 7 again timely again untimely 869 8 criterion criteria 869 18 the all this 870 15 addressed address 870 18 as to what as to 870 19 trimming monitoring 872 11 freezing freeze 875 2 alternative ultimate 875 2 building. building AMP.
875 3 a monitor to monitor 876 8 structure monitoring structures monitoring AMP 877 1 holds it holds true 877 4 watching monitoring watching, monitoring 877 10 structure monitoring structures monitoring 877 15 structure monitoring structures monitoring 5
Page Line(s) Delete Insert 878 8 transitory transport 878 11 vacuum laminar crack 879 1 says no sciences know 880 18 conformance non-conformance 882 6 problem program 882 11 MR. BURDICK: MR. KAMPS:
883 25 cracked cracking 884 2 evaluation an evaluation 884 11 age aging 884 18 they call they 884 25 authoritative authority 886 17 discussed. That FENOC is discussed that FENOC completed completing 886 25 Its assessed It assesses 887 3 basis basis, so 888 7 utilities utilitys 889 2 credibility. credibility issue.
894 1 possible impossible 896 18 in trend and trend 898 14 change changes 899 5 criterion criteria 899 10 theyre theyll 900 2 current period current operating period 900 14 Then when Then, when 900 20 low lower 900 21 root a root 900 25 did extentive did an extent of 901 1 look looked 901 4 be possibility be a possibility 901 6 bore. bores.
903 2 flip flipped 904 17 structure structures 904 21 not coated now coated 905 9 Intervenors Intervenors 906 18 is certain building must satisfy admissibility 909 11 four year forty year 909 17 they get they not get 912 3 attributing cause as contributing cause was 912 8 Retrospectively FENOC looked retrospectively 913 3 correct collect 913 21 Intervenors Intervenors 916 21 Intervenors Intervenors 916 22 claim that claims lack 917 25 claim claimed 6
Page Line(s) Delete Insert 918 6 AMP. FENOCs AMP and FENOCs 918 7 RAI and RAI, and 919 24 challenge is challenges 920 12 today today, 920 20 309 2.309 921 12 authority authority.
921 13 again pressed Again when pressed 921 19 microcrack. microcracking.
922 1 about about being 922 4 its it is 922 18 has has performed an 922 19 its appropriate it has appropriately 922 20 correction corrective 923 11 no alternative no action alternative 923 16 building building, 923 17 tax attacks 923 18 attorney attorneys 924 14 reasons, reasons 925 11 there is there are 926 13 debacle debacle.
927 20 glass gloss 930 11 on going ongoing 932 6 TRIKOUROS FROEHLICH 932 10 TRIKOUROS FROEHLICH 7
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of ) Docket No. 50-346-LR
)
FIRSTENERGY NUCLEAR OPERATING COMPANY )
)
(Davis-Besse Nuclear Power Station, Unit 1) ) December 1, 2014
)
CERTIFICATE OF SERVICE I hereby certify that, on this date, a copy of the Joint Proposed Corrections to the Transcript of the Oral Argument Held on November 12, 2014 was filed through the Nuclear Regulatory Commissions E-Filing system.
Signed (electronically) by Stephen J. Burdick Stephen J. Burdick Morgan, Lewis & Bockius LLP 1111 Pennsylvania Avenue, N.W.
Washington, DC 20004 Phone: 202-739-5059 E-mail: sburdick@morganlewis.com COUNSEL FOR FENOC DB1/ 81327128