ML17193B416
| ML17193B416 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 05/28/1981 |
| From: | Goddard R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML17193B415 | List: |
| References | |
| NUDOCS 8105290071 | |
| Download: ML17193B416 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of COMMONWEALTH EDISON COMPANY (Dresden Station, Units 2 and 3)
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Docket Nos. 50-237 50-249 (Spent Fuel Pool Modification)
- NUCLEAR REGULATORY COMMISSION STAFF'S PROPOSED SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW 8185290071.
Richard J~ Goddard Counsel for *NRC Staff May 28, 1981 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
- In the Matter of
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COMMONWEALTH EDISON COMPANY
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(Dresden Station, Units 2 and 3)
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Docket Nos. 50-237 50-249 (Spent Fuel Pool Modification)
NUCLEAR REGULATORY COMMISSION STAFF'S PROPOSED SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW I.
PRELIMINARY STATEMENT
- 1.
[The Staff would replace Applicants' proposed finding 7 with the f o 11 ~w i n g : ]
The evidentiary hearin"g resumed in Chicago, Illinois on April 21 and 22, 1981, at which time Applicant and the Staff presented evidence upon the question of whether fuel channel bowing might affect use of the proposed high-density neutron-absorbing racks, as designed and fabricated, to store channelled spent fuel assemblies, and what, if any, consequences-of the bowing phenomenon have any significance for the public health and safety.
II.
FINDINGS OF FACT:
MATTERS IN CONTROVERSY
- 2.
[The Siaff concurs in.and adopts Applicant's proposed findings 13 and 13a, and footnotes a through d thereto, but notes that footnote d should contain a reference to Iritervenor's service upon all parties, on May 7, 1981, of the affidavit of Richard B. Hubbard (date illegible).]
- 3.
[The Staff concurs in and adopts the paragraph numbered 41 of Applicant's Proposed Supplemental Findings of Fact and Conclusions of Law, but would:
(a) incorporate it into finqings as a separate finding following proposed finding 40, and (b) add to* the final sentence thereof, "for the storage of existing Gen~ral Electric spent fuel assemblies at Dresden Station."]
.. 4.
[The Staff concurs in and adopts Applicant's proposed supplemental footnote to Applicant's proposed fin_ding 88.]
- 5.
[The Staff concurs in Intervenor's deletion from its previously filed findings.the second sentence of Intervenor's proposed finding 159.]
G.
[The Staff concurs' in and adopts Applicant's proposed addition to footnote 178;]
H.
FUEL CHANNEL DEFORMATIONS
- 7.
[The Staff concurs in and adopts Applicant's proposed finding 130, with* the following change:
The fourth sentence should be amended to read:
"The fuel channel is placed over the fuel bundle so that the array of fuel rods is completely enclosed on its -four lateral.sides."]
- 8.
[The Staff would oppose Intervenor's proposed modification of the second (third?) sentence of. Applicant's proposed finding 130.
The cited references in Intervenor's paragraph 160 do not support the channel raeasurements provided by Intervenor which, if accurate, would eliminate any potential significance of the fuel channel bowing phenomenon.]
- 9.
[The Staff concurs in and adopts Applicant's proposed findings 131 and 132.]
. ~ 10.
[The Staff concurs in and adopts Applicant's proposed finding 133, except that the last line thereof s~quld be amended to read 11 both the top and the bottom of the fuel channe~.
11 ]
toward
- 11.
[The Staff concurs in and adopts Applicant's proposed findings 134 through 140.]
- 12.
[The Staff concurs in and adopts Applicant's proposed finding 141, but would amend the second complete sentence on p. 14 thereof to read as follows:
"Although at ttie bottom of the proposed racks the fuel assembly would be centered by fitting into a round, bevelled hole in the fuel assembly support plate, the stored assembly would not be restrained at the top of the proposed racks, as each assembly, when bottomed, sits entirely below the lead-in clips.
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]
- 13.
[The Staff concurs in and adopts Applicant's proposed findings 142 through 145.]
- 14.
[The Staff concurs in and adopts Applicant's proposed finding 146, except that it would:
(a) delete the second sentence thereof, and footnote 287, and (b) add the following finding at the end thereof:]
"The Staff indicated that it would concur with Applicant's decision not to conduct mandrel testing, primarily due to the resulting occupational exposures.
As other measures were available to assure smooth operation of the storage racks, the unnecessary exposure of workers during testing is not justified. Additionally, further congestion in the ref~ling area during outages might contribute to the risk of accidents.
_} Shaw, Tr. 990-91.
t
- e. 15.
[The Staff concurs in and adopts Applicant's proposed finding 147, but would delete the word 11no 11 in the last sentence thereof, substituting therefor th~ word "minimal", and would add the following sentence to footnote 295 thereof:
"The positioni~g of a fuel assembly alongside.the racks is shown on p. 3-16 of the Licensing Report to give rise to a 6keff of approximately.002."]
- 16.
[The Staff concurs in and adopts Applicant's proposed finding 148.]
III.
CONCLUSIONS OF LAW
- 17.
[The Staff concurs in and adopts Applicant's proposed Conclusions of Law.]
IV.
ORDER
- 18.
[The Staff concurs in and ~dopts Applicant's proposed Order, with the following modifications:
(a) In Corrmitment 4 th~reof, the figure 115.758 inches" should be amended to read 115.768 inches", and (b) In the last line thereof, the word "exception" should be amended to read "exceptions."]
Dated at Bethesda, Maryland this 28th day of May, 1981.
r Respectfully submitted,
- l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC.SAFETY AND LICENSING BOARD In the Matter of COMMONWEALTH EDISON COMPANY (Dresden Station, Units 2 and 3) *
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Docket Nos.
50~237 50-'249 (Spent Fuel Pool Modification)
CERTIFICATE OF SERVICE I hereby certify that copies of NUCLEAR REGULATORY COMMISSION STAFF'S PROPOSED SUPPLEMENTAL FINDINGS OF -FACT AND CONCLUSIONS OF LAW in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 28th day of May, 1981.
. John F. Wolf, Esq., Chairman 3409 Shepherd Street Chevy Chase, Maryland 20015 Dr. Linda W. Litt l e 5000 Hermitage Drive Raleigh, North Carolina 27612 Dr. Forrest J. Remick 305 E. Hamilton Avenue State College, Pa. 16801 Philip P. Steptoe Esq.
Isham, Lincoln and Beale One First National Plaza Chi ca go, I 11. 60603 Gary N. Wright Illinois Department of Nuclear Safety 1035 Outer Park Drive, 5th Floor Springfield, Illinois 62704 Mar.v Jo Murray. Esq.
Assistant Attorney General Environmental Control Division 188 West Randolph Street, Suite 2315 Chicago, Ill. 60601 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555 *
- Atomic Safety and Licensing Appeal
- Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555
- Docketing.and Service Section U.S. Nuclear Regulatory Commission Washington, D. C. 20555 *
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'. lcila rdJ:OCida rd Counsel for NRC Staff