ML19220A277
| ML19220A277 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/22/1975 |
| From: | Linenberger G, Luton E, Salo E Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7904170302 | |
| Download: ML19220A277 (9) | |
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%I a ny IN THE MATTER OF:
METROPOLITAN EDISCM CC?!PANY, ET AL (Three Mile Island Muclear Station, Unit t O.3 Place -
IIarrisburg, Pennsylvania Thurt.dav Date -
1 Pages 1-9 22 May.973 1 Telephone:
' (Code 202) 547-6222 s.
ACE - FEDEllAL IlEP0llTEllS. INC.
Official Reporters
.5 415 Second Street, N.E.
Washingtm, D. C. 20002 790a17(CO S NATICH7tDE COVERAGE
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IN THE MATTER OF:
METROPOLITAN EDISCN CC?!PANY, ET AL Docket No. 50-320 (Three Mile Island Muclear Station, Unit #4; e3 I
Place -
Harrisburg, Pennsylvania Thursday Date -
22 May 1973 Pages 1-9 Telephone:
(Code 202) 547-6222 ACE - FEDERAL REPORTERS. INC.
Official Reporters
- 5 415 Second Street, N.E.
Washington, D. C. 20002
..l n,. 3 MATICNWIDE COVERAGE
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UNI'2ED STATCF OF A ' ERICA i
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In the matter of:
3 f1ETROPOLIT.?G EDIE0ii CC:5?nNY, i
Dochen L'c. 50-320 g
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Station, Unit 1) d 1
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G Conference Room 139 J
,,J Dep.irtaant of Agriculture 2 "l01 . C r";eron 3 *.ree t 10 i
!!arrisburu, Pennsylvania II
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Thurcday, 22 May 2.973 l
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The inforcal discuer.icn in the abovo-anti-led mr tter 3 lil 1
ilt uas convened at 11:16 a.m.
i BETCEE:
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6l EDUARD Lt: TON, ESQ., Chairman l
Atc.mic Safety and Licensing Ecard l
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I GUSTAVE LIHENBERCER, Meraher 17 i
h Dil. E!L'IEST O. SALO, Merter l
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AFPEAlW!CES:
19 I i
IEMI1Y J. MC GURn.EN, ESQ., 511 19th Street SE, Washington,^
f 2G D.C., cn behalf of the Nuclear Regulatory Corr.iccion.
i It 21 GEORGE F.
TROSTRIDGE, ESO. anc. EDUEST L. BLAKE, ESO.,
l Shaw, Pitt'aan, Pctts & TrowbriCga, 910 17th Street NW, t
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Mashington, D.C.,
on behalf Of the Apnlicant.
I I f U Il C2ACNCEY YEPPOPD, 2536 Rroari Ctreet, York, Pennsylvania, 1
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on behalf of the Intervenor, Citicens for a Safe Envircnment and the York Comnittee for a safe Environment.
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2 C:0.IEWi liiTCN :
- r. Linenber' er wants the Lenefit 3 i cf the discuscica of the pa:dio; of contention No. 4 in the I
? ;lI Petition fcr Inter 7eation filed 13y the Ycrk Cc:rlittee for I
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a Safe Envircnment and Citirm:3 for a 3a fe Inviror.nent, and I
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.' the En*rironnent 1 Coaltation on Uucl:ar ?cwer.
W will call a
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them the Petitionere.
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'2he dce'. ment acpears to hava See. filed Janua y 22, i
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t cl, The petition la pr.a.ecne.ly pinding hafu..e this 1975.
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Licensing Zoard.
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Prior co eur ruling, we want to inquire of the partie,
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4, concerning Contention ^?o.
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lG. TRG%DRIfGE:
Would you refer to parcgrc:h 47 i
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?cu ara right, Mr. Trowbridge.
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I am speaking
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ib paragraph nuc6erad 4 on page two of the 15 ig document which I have identified.
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!L9.. LIUb"ERGER:
G wtiawm, the consideration that thia =cricer of the Board has in nind with icespect to paragraph 13 1
..) q 4 can perhaps he sumari. zed ac follouc :
If, indeed, as alleged in paragraph 4, there is no 0
1 nanual shut down capability for the smargency core cooling
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system, does that situation intrinsically reflect'upon the m
existence of a possible or potential safety consideration in g
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and o 24 sel, albeit outside the context of the Commission's Order of 27 December 1974 with respect to Unit 1 and the final g
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g acceptance critaria?
2 That is the quesrion I should like to hear con = cats s
3 from the Acolicant and the staff on at this tine.
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Mn. TRGTnnIDGE:
Aay I cronk a mo;:;ent7 l
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- 17. ?2C'7BnlDCC :
Let ce say first that I first learne 7
of the non.rd'a -- I believe you did try ts call me at cy 8
o f fice 14r. Chai nsna.
I was out of town on IIonday.
I learned i
3 abcut this P.onday night.
I was under the unfortunate impres-10 sion that I could exoect to hear from you the next day.
It i Ue did not W: a very into1117ible account of what the Boa'd's 12 question wculd be.
We did have a: andicanica it came from one 13 of the techr.ical member.s of the Doard.
I guess I could have 14 guecsed it would havo ecen the 5:G4 question.
15
.ie have not got with us, Mr. Chairman, e:cperts in 16 ECCS or other>ise.
I am afraid our position ic tha: we vill 17 try to receive and undarstand the question of the 3 card at 18 this point and then request a response to it.
I don't think 19j We can rescend tachnically to your question at this time, t
20 I might say that the question as werded given ce 21 ;
a 9 cod deal of trouble.
Our basic position, which was really the staff's basic position and the position which ucs adopted 22 "h
23 by the Licensing Board in the Peach Bottom proceeding, was that 1
04 this was both a challence to the Commission negulations and 23 outside of the scopo of the Order and notice here and, thereforc y:
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we should not be discussing it in this procce 3ing.
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2 Yet your questien -- and we would d L3 pose of tio
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matter on that basis -- and yet, your quection g:cs to the 4
substan.:e of it.
?? hat it were cutside the sc3pc of this
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y hearing?
Woulcn't it he nice to have an answar?
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- :aled by that proceduro.
l 7 j Don't we first rule whether we are in a forts wherc 4
this question aven beloags hofore we start dise:ussing the I*1 g,
3 substance of it?
i MR. LINEND3ECSR:
Excuse r.2, Itr. Crowbridge.
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1 g j me try to reorient ycn just a bit with roupact to my cwn d
thinkina here.
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l 13 The c naideration, as I ceo it, deea fall outside g
of the Cerraisnica 's Decencer order uith respect to ECCS and
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the analysin acdal upon which Applice.nt is to base his cwn g
, analysis.
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On the other hand, the consideration pctcutially I
touches on a safety problem that in my opinien transcends the
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.l consideration of any attack on the ccsnission's regulations to the extent that if a potential cafety pzchlem has '.een ZG l
I y,,i, flagged as being for real, I, as a Eonrd nenber, don't consideri x
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. that either the Board or the Commission -- let me put that 22 za. positively:
I consider the Bcard is oblirjated to at least Ii take upon itself a further airing of that potential cafety censideration, and this has nothing to do with cha11anges to a
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I to the regs, itself.
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I don't see the questicn I have raised as being l
3 characterized in quite the way you just characterized it but h
4 maybe that's a difference of opinion.
We wou.'.d, nevertheless, i
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5; like a response from the Applicant on this.
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CEAIRMAN LUTON:
Tho questien is one of jurisdiction.!
i 7-The jurisdiction on the part of this Board.
He had tNo 1
3 statements of two different views concerning the Board's 9
jurisdiccion to entertain the issue.
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MR. TROUERIDGE:
We are still talking abcut Unit l?
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11 CHAIRMAN LUTCN:
Yes.
We care talking about Unit 1.
12 Isn't that what you were talking about?
13 MR. TROUBRIDGE:
That's my understanding, Mr.
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14 Chairman.
j 15 i CHAIM1AH LUTCN:
All right.
Perhaps my characteriza !
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I thoaght your statement indicated that g
you had some problem with the Board's jurisdiction co concern ta itself with the matter Mr. Linenberger raised, is that correct?
MR. TROUBRIDGE:
With recpect to Unit 1.
gg 20 CHAIRMAN LUTON:
Yes.
The question is jurisdictional.
_.1 MR. TBt'WBRIDGE:
Yes.
I don 't think Unit 1 is 22 before you in any other manner than that order --
23 CEAIRMN1 LUTON:
I understand.
You made yourself 2,3 clear the first time.
9 25 I an not sure that you made yourself clear with
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reapcct to the questien cf whether or not you would honor Mr. Linenberger's requect and respond to the question ho put 2 i I
to ycu at sc e later time when you are ahlo to on the basis 3i z
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of discucsion with your exports and whatnot.
I am rtL rure i
11 3-you ansulred as to how you would or would not respond.
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i MR. TRCUL2IDGE:
That's a fair stLtenent, Mr.
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l Chairman.
f4 it CilAIEEUI LUTOM:
Do you have a position on it?
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MR. T20WERIDC-E:
I would be vary glad to confer here with company officials new that we underctand what the 33 I
question is.
g CHAIR!Ud7 LUTON:
Please do.
g Let's take a snort recess.
i (Rccacs.)
3,g CEAIRMAN LUTON:
Cn the record.
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1 We are resuming after a brief receca called for the
- 3 purpose of giving Mr. Trowbridge an opportunity to engage in g
censultation concerning the Bcard's question to the Applicant about whether the Applicant, dcapite jurisdictional doubts or doubts about the Board's jurisdiction, would, nevertheless,
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respond to a question which had been put by Mr. Linenberger.
The Board, after further considering the matter, I
has determined that it will not require such a response of the Applicant.
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What we will do, instead, is nake a request upon 25 t..o pn,e I
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1-65 8
h the regulatory staff concerning the matter raised by Mr.
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2 Linenberger.
The Board requesb.s upon the regulatory ntaff i
3 concerning the matter that was raised by Mr. Linenberger L
4 will be made in the order which we will issue daaling with t
5 thia Petition to Intervene.
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Dr. Kapford?
7 DR. KEFFORD :
Could I say a few words on this 0
particular subject?
1 1
3 CHAIRMAN LUTON:
Yes.
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10 DR. KEPPORD:
I raised this issue because I was unable to f3 -*d in the documents fer the final safety analysis report 11 12 l for Th ree !!ilo Island Lnit No.1 any mention whatsoever of gg 13 manual ilvrt down of capability.
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14 It seems to me the entire quastion is hedglag right l
I 15 now on whether or not this exists for Unit Mc. 1.
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i I must say quite frankly I an appalled that at this 1
4 point neither the Applicant nor the regulacory staff is able i
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is to say yes or no with regard to this question.
It is really 19 quite simple.
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Does it have manual shut down capability?
If it does, then there is no validity whatsoever to the contantion.
21 I
n-If it does not, we might indeed have a very serious 23 safety related problem.
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I am appalled that these people, who are 24 supposedly experts in this businesc -- they are operating this 23 at q"
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nuclear reactor and they don'.t know the answer to this simple j EI question.
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3 CHAID:Idi LUTCN:
Is there rasponse by anyone?
4l MR. TRO:cRIDGE:
Or, Kopford has put words in my I
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mouth.
Up to this point, I have been confronbed with a ques-G 'I tion as to whether I would ancwor the question.
I didn't have 7
to make that response.
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8 CHAIR:'.AN LUTCN:
The Board will maka its decision.
9
.IR. McGUT X i:
I would also like to add at this i
J 10 staga that this is the stage of determining whethar or not g
the contention mcots the procedural requirements of our 11 1
records an are set cut in 2.714 and not a dircuacion of the 12 l
r:e r ts.
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14 Our position was set forth in our response to that 1
15 petition.
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ts CIIAII"GN LUTCN:
The Board vill make some judgment unaided by any further discussion cf the parties on this i:sua.
17 In there anything else to be raised this merning witIq 3a t
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respect to Unit 17 I don't think so.
Gentlamer., thank you all for your participation.
20 21 We are adjourned.
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(Wheroupon at 12:02 p.m., the hearing was adjourned.),
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