ML17339A256

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Order Directing Util to File Motion Re Discovery Request & Untimely Filing by 791107.Intervenor Must Respond by 791113
ML17339A256
Person / Time
Site: Turkey Point  NextEra Energy icon.png
Issue date: 11/05/1979
From: Bowers E
Atomic Safety and Licensing Board Panel
To:
FLORIDA POWER & LIGHT CO.
References
NUDOCS 7911130245
Download: ML17339A256 (18)


Text

gO UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of FLORIDA POWER 5 LIGHT'OMPANY (Turkey Point Nuclear Generating Units 3 and 4)

Docket Nos.

50-250-SP 50-251-SP (Proposed Amendments to Facility Operating License to Permit Steam Generator Repairs)

ORDER RELATIVE TO DISCOVERY The Board instigated a conference call on November 2,

1979, after it received an out-of-time discovery of October 27,
1979, from the Intervenor to FPL and a response from FPL on October 31,
1979, which stated the untimely discovery request would be con-sidered a "nullity".

After considerable discussion in the morning we recessed the call at the request of FPL and resumed the call in the after-noon.

It was finally agreed that FPL would file on November 7, 1979,'in our hands) a motion relative to the out-of-time filing and a position response to the extensive discovery request.

The Board informed counsel for the Intervenor that we expected a

response (in our hands), if any j.s forthcoming,, by'November 13, 1979.

The Intervenor refused to agree to this date.

The Board will not excuse the Intervenor from this response unless good cause is established prior to the due date....

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD ".

Dated at Bethesda, Maryland this 5th day of November 1979

,I Eliz eth S. Bowers, Chairman

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UNITED STATES. OF AMERICA NUCLEAR REGULATORY COMMISS ION=

In the Matter'f

)

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FLORIDA POWER AND LIGHT COMPANY

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(Turkey Point, Units 3 and 4)

)

)

)

)

)

Docket No. (s)50-250SP 50-251SP CERTIFICATE OF SERVICE I hereby certify that~I have this day served the foregni'ng document(s) upon each, person designated'n the official service li~ compiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of 19 CFR Part 2 Rules of Practice, of the Nuclear Regulatory Commissiozu's Rules and Regulations.

Dated at Washington,, D.C. this day of 197~.

Offic f the Secretary oZ the C mmission

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~"= GF "A'.~CHICA 3-C~- ISS~ON 0 "n t=-e Matter c=

FLORIDA POVER Ai&) LIGHT COMPANY (Turkey Point, Units-3 and 4)

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Docket No.(s)50-250SP 50-251SP S:-PYRIC". L:ST Elizabeth S.

Bowers, Esq.,

Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Hashington, D.C.

20555 Mr. Emmeth A. Luebke Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Oscar H. Paris Atomic:Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

,20555 Cou Counsel for NRC Staff Office of the Executive Legal D'irector U.S. Nuclear Regulatory Commission 7'.ashington, D.C.

20555 Florida Power and Light Company ATTN:

Dr. Robert E. Uhhig

~

Vice President P.O.

Box 529100 tfiam'i, Florida 33152 Mr. Mark P.

Oncavage 12200 Southwest 110th Avenue Miatd., Florida 33176 Norman A. Coll,. Esq.

.Steel, Hector and Davis 1400 S.E. First National Bank Building Miami, Florida 33131 Bruce S.

Rogow, Esq.

Nova University Center for the Study, of Law 3301 College Avenue Fort Lauderdale, Florida 33314 Joel V. Lumer, Esq.

245 Catalonia Avenue Coral Gables, Florida 33134 Richard A. Marshall, Jr.,

Esq.

18450 Southwest 212th Street Miami, Florida 33187 Michael A. Bauser, Esq.

Lowenstein, Newman, Reis, Axelrad 6 Toll 1025 Connecticut

Avenue, N.b~.

Washington, D.C.

20036

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qO UNITED,STATES OF AMERICA NUCLEAR REGULATORY COiASIISSION THE ATOMIC 'SAFETY AND LICENSING BOARD In the Matter of FLORIDA POWER E: LIGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)

Docket Nos.

50-250-SP 50-251-SP (Proposed Amendments to Facility Operating License to Permit Steam Generator Repairs)

ORDER RELATIVE TO DISCOVERY The Board instigated a conference call on November 2, 1979, after it received an out-of-time discovery of October 27,

1979, from the Intervenor to FPL and a response from FPL on October 31,
1979, which stated the untimely discovery request would be con-sidered a "nullity".

After considerable discussion in the morning--we recessed the call at the request of FPL and resumed the call in the after-noon.

It was finally agreed that FPL would file on November 7, 1979, (in our hands) a motion relative to the out-of-time filing and a position response to the extensive discovery request.

The Board informed counsel for the Intervenor that we expected a

response (in our hands), if any, is forthcoming,. by'ovember 13, 1979.

The Intervenor refused to agree to this date.

The Board will not excuse the Intervenor from this response unless good cause is established prior to the due date...

LI IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD.

Dated at Bethesda, Maryland this 5th day of November 1979 Eliz eth S. Bowers, Chairman

ll ik

UNITED STATES OF AMERXCA'UCLEAR REGULATORY COMMISSION THE ATOMIC SAFETY AhD LlCENSING BOARD In the Matter of FLORIDA POWER 5 LXGHT COMPANY (Turkey Point Nuclear Generating Units 3 and 4)

)

)

)

Docket Nos.

50'-250 (SP)

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50-251 (SP)

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ORDER REQUESTING ADDITIONAL XNFORMATION (October ll, 1979)

Dr. Luebke has.brought the following matter to the attention of the Board:

Xn a nuclear power plant, there are three very important physical barriers that are designed to prevent radioactivity from fission products to reach the outside world.

These are:

1.

The slender sealed metal tube of the fuel element that contains the uranium fuel.

2.

The thick steel reactor pressure vessel and associated pipes and components that contain the primary reactor coolant.

3.

The larger concrete encased steel reactor builds:ng built as a pressure vessel and designed to be the I

final containment to prevent leakage of radio-activity.

The replacement of a steam generator involves the opening of two of these radioactivity retention barriers, the primary 1 ~, ~

I'

coolant envelope and the reactor containment building. lt is the view of the Board that the prepared documents, Licensee's SGRR and Staff's

SER, do not give sufficient emphasis to the importance of these critical radioactivity retention barriers.

In particular, they do not emphasize the special care and precaution to be taken in materials, procedures and workman-ship to reclose and reseal these barriers;

also, the very special attention that must be given to inspection and testing after the closure.

~Ezsm les:

1.

The replacement of a large radioactive component, such as the steam generator, is not as "routine" as suggested in SGRR.

5 1.3.

"1.3 10 C.P.'R.

50-59 CONSIDERATIONS Repair or replacement of equipment at a power plant, performed in accordance with appropriate procedures, is a maintenance activity that is routinely con-ducted."

2.

Res'ponse to Staff question 15 at SGRR A-15-1 does not emphasize or explain the leak testing of the resealed equipment hatch of the reactor containment building.

"15.

Present your preoperational testing program and your startup testing program for placing a unit back in service with the, modified steam generators.

Identify all the systems.

and instrumentation to be tested or recalibrated.

RESPONSE

The preoperational and startup test program is still being developed at this time and thus, certain details remain to be determined

'0 I

The earlier statement in the SGRR regarding this appeared as 4 lines:

"4.0 RETURN-TO'-SERVICE TESTING Following steam generator repair, a preoperational testing program wi.ll be conducted as required to provide the necessary assurance that the facility can be operated in accordance with design require-ments and in a manner that will not endanger the health and safety of the public."

3.

SER

.5 2.4 notes that the preoperational and startup test programs are still being developed.

SER

'5 2.5 does not mention the leak test of the Reactor Containment Building.

The Board, requests that Liceiisee and Staff address in greater detail the problem of assuring the continued integrity of the radioactivity retention barriers, either in supplements to the prepared documents or in their prefiled testimony before the evi-dentiary hearing:

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Eliz eth S.

Bowers, Chairman Dated at Bethesda, Maryland

,this 11th day of October 1979.

UNITED) STATES OF AMERICA KJCLEM REGULATORY COMMISSION In the Matter of FLORIDA. PO~

M%) LIGE CO.RAhY (Turkey Point, Units 3 and 4)

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Docket No. (s)50-25OSP

.'0-253.SP CERTIFICATE OF SERVICE I hereby certify that

~I have this day served the foregoing. document(s) upon each person designated on the official service list campiled by the Office of the Secretary of the Commission in this proceeding in accordance with the requirements of Section 2.712 of IO CFR Part 2-Rules of Pract'ce, of the Nuclear Regulatory Commission's Rules and Regulations.

Dated at Mashington, D.C. this day of 197 P.

Office f he Secretary of tha omission

0

UNIWr, STATES OF AMERICA NUCLEAR REGUI %TORY CO~"HSSION 0

In the Matter of

)

)

FLORIDA POWER AND LIGHT CO%'AM

)

(Turkey Point, Units 3 and 4)

)

)

)

Docket Ho.(s) 50 25OSP 50-251SP SERVICE LIST Elizabeth S.

Bowers, Esq.,

Chairman Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Emmeth A. Luebke Atomic Sa ety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.

20555 Michael A. Bauser, Esq.

Lowenstein, Newman, Reis, Axelrad and Toll 1025 Connecticut Avenue, N.V.

Washi'ngton, D.C.

'20036 Mr. Hark P.

Oncavage 12200 S.W. 110th Avenue Miami, Florida 33176 Dr. Oscar E. Paris Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.C.

20555 Norman A. Coll, Esq.

Steel Hector

& Da~is 1400 S.E. First Hational Baze: Bui3.~g Miami, Florida 33133.

Counsel for hRC Staff 0 fice o the Executive U. S. Nuclear Regulatory Washington, D. C.

20555

-'orida ower and Light Company~

Dr. Rooert E. Uhrig Vice President P.O.

Box 529100 Miami, Florida 33152 Joel V. Lumer, Esq.

245 Catalonia Avenue Coral Gables, Florida 33134 Richard A. Marshall, Jr.,

Esq.

1S450 S.W. 212th Street Miami, Florida 33187 Legal Director Bruce S.

Rogow,.Esq.

Commission Nova University 'Center for the Study of Law 3301 College Avenue IFort Lauderdale, Florida 33314

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