ML17193B492

Memorandum & Order Correcting Typographical Errors, Misstatements & Adding Testimony Which Was Inadvertently Omitted from Transcript of 801119-21 Hearings in Morris,Il

ML17193B492
Person / Time
Site:	Dresden
Issue date:	06/16/1981
From:	Wolf J Atomic Safety and Licensing Board Panel
To:
Shared Package
ML17193B493	List: ML17193B492 ML17193B494
References
ISSUANCES-SP, NUDOCS 8106190298
Download: ML17193B492 (5)

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• UNITED STATES OF AMERICA

. NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

• John F. Wolf,. Chairman Dr. (inda W. Little Dr. Forrest.J. Remick In the M~tter of:

• C.OMMONWEALTW'EDISON COMPANY

• Dresden Station,* Units 2 & 3

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,Docket Nos. 50-'327-Sp.

• 50-249-Sp (Spent: Fuel Pool Modific~tio.n).

June 16, 1981

• MEMORANDUM AND ORDER,

• • (Corrections in trans:cript, r1,1l ing on.moti:on.,.

. **.*and, c.losing the record) ' *.

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. Typ_ographical errors, m.is,..stat~ments, *and omiss.idns in the,

.transcript of*the hearings in* t'his matter have come to'the attention

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• .of the Board.. The.ccirr'ections 1 isted in Appendix A* are adopted

.**.and made* a *part of *th.e* Record~

• Through

• inadverten.c~, the wrftten Suppl ementa 1 Testimdny 11 of

• • Mi\\lard L:Wo,hl (Tr~ p..,673) and.that of Harold K*.'._S.haw{Tr~p. 972) *..

. *~ere noi*ba~h4 {~ t~e tra~~cript as ordered by* th~ Board (Tr~ p. 673).

• The written tes-tiino.nies* bf Dennis.-O'Boyle; *Jam~s D. G_ilctest; I

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Ca~l R. Mefford; Ronald M.

Rag~~; and. Kin ~~ Wong on fuel channel

• bowing are *inserted in that order in the transcript for April 21,

• 1981; following: page i,dl3. *

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- 2 The transcript at pp. 926-927 shows that Intervenor's Counsel handed a witness a document and said that it had been marked as Intervenor's Exhibit 13 for identifitation. The document so 1

• marked was not offered nor.received in evidence.

However, it should be noted that other documents marked Intervenor's Exhibit 13(a) and 13(b) were offered and re~eived in evidence (Tr. p. ~27).

Intervenor's Exhibits marked for identification numbered 14 (Tr. pp*. 744, 756), 15 (Tr. pp. 744, 756), 16 Tr.. p. 759).

• and 19 (Tr. pp.. 932,: 933) were not offered nor admitted in ev:idence..

lnterven'Or's Exhibit 17 was admitted in evidenc.e*

(Tr. p. 803).

• Intervenor's Exhibit 18 was. admitted in evidence (Tr. p. B62).

The following affidavits* have been received since the hearings o~ April 2Q-21~ 1981~ i~ Chicago, Illfnois:

1. Affidav{t of ~arl Kniel on Unresolved Safety Is~ue~~

dated April 27, 1981.

. 2~ Affidavit 6f Scott C. Pedigo dated May 4, 1981:

3.. Affida~it of A. K. Singh dated Ma~ 5,~1981.

4. Affidavit of Robert F. Janecek dated M.ay 6, 1981, correcting two alleged errors in.earlier' testimony.

5. 'Affidavit of Richard a*., Hubbard, dated ~ay 5; 1981.

On May 14,. 1981, the tntervenor~-State of Illino~s. moved this

• Board td order the staff to address all* unresolved generic safety issues including, but not" limited to, all Category B tasks; ACRS

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items, and TM~ issues relevant to this licensing proceeding.

Responses to this motion were received from Applicant on May 19, 1981, and *from NRC Staff on June 3, 1981.

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<t1 Intervenor asserts that the affidavits of

• Richard B. Hubbard dated March 17, 1981, and.May 5, 1981, set forth the nexus of thes~ issues to the instant proceeding.. Intervenor further points to the River Bend decision [6 NRC 760 (1977)] as its basis that this Board is required to con~1der thes~ and *all unresolved generic safety issues in the context of this proceeding.*

On January'27, 1981, the Board asked Board Question 2 in this proceeding:

Ba~ed on a:~eview and analysis of the va~ious

• generic unresolved safety issues *under continuing study, _what relevance is there, if. any-, to the

• proposed spent fuel modification?* Further, what i~ the potential health and safety impli~ation of.any relevant issues.remaining_unresolved?

After initial *responses. in the form of affidavits by Applicant; Intervenor and the NRC *staff, in a telephone conference ca l_l on Apy-i 1

• 1, 1981 the Board clarified Board Questio" 2 by ~efining generic

. unresolved safety issues under continuing.study" as those issues r.*eported

• 1,t to Congress as "Unresolved* Safety Issues"<pu.rsuant* to* Section 210 of the Energy Reorganization Act of 1974, and also reported in NUREG 0606 (the "Aqua.Book") (so-called* Cate.gory A Hems).* The parties responded. *

. with. a second* round *of' a'ffidavits addressing the relevance and iaf~ty

• significance of these* "Unresolved Safety Issues~" Based on these

• affi.dav.its and the supporting information submitted *by the parties, the Bo'ard finds that Board Question 2 has been adequately addressed*

by the.Applicant and the *staff. Of the "Unresolved Safety.Issues"

.only two,. i.e., A-36:

Control* of Heavy Loads Near Spent Fuel and

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A-40:

Seismic Design Criteria, are relevant to the instant proceeding.

The responses have satisfied the intent of Board Question No. 2.

However, the additional unresolved safety issues raised by Intervenor State of Illinois have been addressed only by the Applicant (R. Janecek, affidavit of March 18, 1981). Thus, Intervenor now seeks relief by moving this Board to compel the Staff to address these issues.

While the Board did not request affidavits on other than Category A items, it has nonetheless considered and evaluated the other unresolved safety issues set forth by Intervenor and addressed by the Applicant.

Based on that review, the Board identified no unresolved safety items except the two.already cited (supra) to be applicable to the instant proceeding.

• Consequently, the Board finds no reason to compel the

• Staff to undertake: further review of the addi ti ona l unresolved.safety issues.

On the 16th day of June, 1981, it is ORDERED.

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that attached Appendix A setting forth corrections in th~

Transcript is adopteq and made a part of the record in this case;

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that the Supplemental Testimony of Millard L. Wohl attached hereto as Appendix B is hereby made a part of the record;

3. that the Supplemental Testimony of Harold K. Shaw attached hereto as Appendix C is hereby made a part of the record in this case;

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that the Intervenor's motion to order NRC Staff to address all unresolved. safety issues is denied.

The record in this case is now closed.

Issued an~ dated this 16th day of June 1981, a't Bethesda, Maryl and.

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FOR THE ATOMIC SAFETY AND LICENSING BOARD J hn F. Wolf, Chairman A MINISTRATIVE JUDGE