ML19208A031

Statement of Matl Facts as to Which There Is No Genuine Issue,In Support of Util 790719 Motion for Summary Disposition of Contention 11.Certificate of Svc Encl

ML19208A031
Person / Time
Site:	Fermi
Issue date:	07/19/1979
From:	Eric Thomas DETROIT EDISON CO., LEBOEUF, LAMB, LEIBY & MACRAE
To:
Shared Package
ML19208A029	List: ML19208A028 ML19208A031
References
NUDOCS 7909120440
Download: ML19208A031 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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THE DETROIT EDISON COMPANY ) Docke t No . 50-341 (Enrico Fermi Atomic Power ) (Operating License)

Plant, Unit 2) )

STATEMENT OF MATERIAL PACTS AS TO WHICH THERE IS NO GENUINE ISSUE IN SUPPORT OF APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF CONTENTION 11 In a_ccordance with S2.749(a) of the Commission's Rules of Practice, Applicants submit the following state-ment of material facts as to which there is no genuine issue in support of their motion for summary disposition of Contentior. 11:

1. The basic design flood elevation for the Reactor Building and Auxiliary Building of the Enrico Fermi Atomic Power Plant Unit 2 (" Fermi 2"),

which house safety-related components, is 588.0 feet. Final Safety Analysis Report, Exhibit D in Do cke t No. 50-341, ("FSAR") at subsection 2.4.2.2.2.

2. The flood design elevation for the exposed f aces of the Reactor Building and Auxiliary Building is 593.0 feet. FSAR subsection 2.4.5.6.2.

3. The stillwater elevation of the estimated Prob-able Maximum Meteorological Event ("PMME") at the 7 Fermi 2 site is 586.9 feet. FSAR subsection ( i i

2.4.5.6.2.

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4. The flood design elevation of the buildings at the Fermi 2 site housing safety-related systems and components exceeds the estimated flood elevation of the Probable Maximum Meteorological Event.

5. At the Fermi 2 site, the highest water level ever recorded by the United States Lake Survey occurred in June 1973. FSAR subsection 2.4.2.1.

6. The mean lake level recorded during June 1973 was 575.4 feet with the highest instantaneous peak elevation 578.7 feet. FSAR subsection 2.4.2.1.

7. The flood design elevation for the buildings at che Fermi 2 site housing safety-related systems and components exceeds the highest flood eleva-tion recorded at the Fermi 2 site.

Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By v

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Partner 1333 New Hampshire Avenue, N.W.

Washington, D.C. 20036 (202) 457-7500 Of Counsel:

PATRICK K. O' HARE L. CHARLES LANDGRAF PETER A. MARQUARDT ,

2000 Second Avenue Detroit, Michigan Date: July 19, 1979 0 1 s'.

On1 u I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

n the Matter of )

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THE DETROIT EDISON COMPANY ) Docket No. 50-341 (Enrico Fermi Atomic Power ) (Operating License)

Plant, Unit 2) )

CERTIFICATE OF SERVICE I hereby certify that I have this 19th day of July, 1979 served the foregoing documents entitled:

1) Applicants' Consolidated Motion to Compel Discovery and For Summary Disposition of Contention 11; and

2) Statement of Material Facts as to Which There Is No Genuine Issue in Support of Applicants' Motion for Summary Disposition of Contention 11, by mailing copies thereof, first class mail, postage prepaid and properly addressed, or by personal delivery, as so indicated, to the following persons:

Charles Bechhoefer, Esq. Chairman, Atomic Saf ety and Chairman, Atomic Saf ety and Licensing Appeal Board Panel Licensing Board U.S . Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 (mail)

(personal delivery)

Dr. David R. Schink Mr. Frederick J. Shon Department of Oceanography Atomic Saf ety and Licensing Texas A&M University Board College S tation, Te:cas 77840 U.S. Nuclear Regulatory (mail)

Commiss ion Washington, D.C. 20555 (personal delivery) n c ')

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Richard Black, Esq. Monroe County Library System _,

Office of the Executive Reference Department Legal Director 3700 South Custer Road U.S. Nuclear Regulatory Monroe, Michigan 48161 Commission (mail)

Washington, D.C. 20555 (mail) Secretary U.S. Nuclear Regulatory Mr. Delbert J. Hoffman Commission Supervisor, Frenchtown Washington, D.C. 20555 Township Attn: Docketing and Service Frenchtown Township Hall Section 2665 Vivian Road (original plus 20)

Monroe, Michigan 48161 (personal delivery)

(mail)

Kim Arthur S iegf ried 10084 Lincoln Huntington Wocas, Michigan 48070 (mail)

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L. Charles Landgraf LeBO EU F , L AMB , LEIBY & MacRAE Attorneys for Applicants

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