ML19321B063
| ML19321B063 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 07/23/1980 |
| From: | Gray J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| NUDOCS 8007250433 | |
| Download: ML19321B063 (4) | |
Text
.
07/g3/80
'e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENING APPEAL BOARD In the Matter of
)
PORTLAND GENERAL ELECTRIC Docket No. 50-344 COMPANY, ET AL.
)
(Control Building)
)
(Trojan Nuclear Plant)
)
NRC STAFF'S MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE EXCEPTIONS TO THE INITIAL DECISION On July 11, 1980, the Atomic Safety and Licensing Board in the captioned proceeding (Licensing Board or Board) issued an initial decision authorizing the perfonnance of certain modifications to the Control Building at the Trojan f
. r Plant. The Initial Decision was served on the NRC Staff (Staff) through the NRC's internal mail system and was received by the Staff on July 14, 1980. Accordingly, exceptions to the Initial Decision, if any, must be filed by the Staff on or before July 24, 1980.
10 CFR 55 2.762, 2.785.
The Staff has found it necessary to file, and has today filed, with the Licensing Board a motion for clarification as to a license condition imposed by the Board in its Initial Decision.M A decision by the Staff as to whether to take exceptions to the initial decision is dependent upon the JJ A copy of the "NRC Staff's Motion for Clarification of Initial Decision with Regard to License Condition on Control Building Modification",
July 23, 1980, is attached.
8007250Y3)
E O Licensing Board's action on the Staff's motion for clarification. Because of this and because it is unlikely that the Licensing Board will take action and issue a written ruling on the Staff's motion for clarification before the July 24, 1980 deadline for Staff exceptions, the Staff respectfully requests that the time for the Staff to file exceptions to the Initial Decision be extended to ten days from the date of service of the Licensing Board's ruling on the Staff's motion for clarification.
Respectfully submitted, 1
M J eph R. Gray uns 1 for NRC Staff Dated at Bethesda, Maryland this 23rd day of July,1980
~
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFFTY AND LICENING APPEAL BOARD In the Matter of PORTLAND GENERAL ELECTRIC COMPANY, ET AL.
)
Docket No. 50-344 (Trojan Nuclear Plant)
CERTIFICATE OF $ERVICE I hereby certify that copies of "NRC STAFF'S MOTION FOR AN EXTENSION OF TIME IN WHICH TO FILE EXCEPTIONS TO THE INITIAL DECISION" 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 23rd day of July, 1980:
Alan S. Rosenthal, Esq., Chairman
- Dr. Hugh C. Paxton Atemic Safety and Licensing Appeal 1229 41st Street Board Los Alamos, NM 87544 U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. John A. Kullberg 15523 S.E. River Forest Drive Dr. John H. Buck, Member
- Portland, OR 97222 Atomic Safety and Licensing Appeal Board Frank W. Ostrander, Jr.
U.S. Nuclear Regulatory Commission Counsel for Dept. of Energy Washington, DC 20555 500 Pacific Building l
520 S. W. Yamhill Dr. W. Reed Johnson, Member
- Portland, OR 97204 Atomic Safety and Licensing Appeal Board Maurice Axelrad, Esq.
U.S. Nuclear Regulatory Commission Lowenstein, Newman, Reis, Washington, DC 20555 Axelrad & Toll Suite 1214 Marshall E. Miller, Esq., Chairman
- 1025 Connecticut Avenue, N.W.
Atomic Safety and Licensing Board Washington, DC 20036 i
U.S. Nuclear Regulatory Commission Washington, DC 20555 Mr. David B. McCoy 348 Hussey Lane Dr. Kenneth A. McCollom, Dean Grants Pass, OR 97526 j
Division of Engineering,
{
Architecture & Technology Oklahoma State University Stillwater, OK 74074
Ronald W. Johnson, Esq.
Atomic Safety and Licensing Board Corporate Attorney Panel
- Portland General Electric U.S. Nuclear Regulatory Commission Company Washington, DC 20555 121 S.W. Salmon Street Portland, OR 97204 Atomic Safety and Licensing Appeal Panel (5)*
William W. Kinsey U.S. Nuclear Regulatory Commission Robert L. Jones Esq.
Washington, DC 20555 Bonneville Power Administration P.O. Box 3621 Docketing and Service Section (7)*
Portland, OR 97208 Office of the Secretary U.S. Nuclear Regulatory Commission Ms. Nina Bell Washington, L'C 20555 728 S.E. 26th Portland, OR 97214 Mr. Eugene Rosolie Coalition for Safe Power 215 SE 9th Avenue Portland, OR 97214 D
/
ep R. Gray
(
uns for NRC Maff i
l l
t l
l
P 07/23/80 o
s UNITED STATES OF A!! ERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of PORTLAND GENERAL ELECTRIC Docket No. 50-344 COMPANY, ET AL.
(Control Building)
(Trojan Nuclear Plant)
NRC STAFF'S MOTION FOR CLARIFICATION OF INITIAL DECISION
- WITH REGARD TO LICENSE CONDITION ON CONTROL BUILDING MODIFICATIONS 1.
INTRODUCTION On July 11, 1980, the Licensing Board in the captioned proceeding issued an Initial Decision on modifications to the Control Building at the Trojan Nuclear Plant.M In that Initial Decision, the Board found that modifi-cations proposed by the Licensee will be adequate to bring the Control Building into substantial compliance with Technical Specification 5.7.1 as required by the NRC's Orcar for Modification of License of May 26, 1978, authorized perfonnance of the modification work, and imposed a number of license conditions related to the modifications.
For the reasons set forth below, the NRC Staff (Staff) herewith requests clarification as to the Board's intent with regard to one such license condition imposed by the Boa rd.
T/
Portland General Electric Company, et al. (Trojan Nuclear Plant),
NRC (July 11,1980) (Initial Decision).
r l
II.
REQUEST FOR CLARIFICATION OF LICENSE CONDITION 2.C.11 In its Initial Decision, the Licensing Board directed that:
[t]he following provision shall be added to facility Operating License NPF-1:
2.C.11 Control Building Modifications. The Licensee is authorized to and shall proceed with modifications to the Control Building in order to restore substantially the origi-nally intended design margins.
The modification program shall be accomplished in accordance with PGE-1020, " Report on Design Modi-fications for the Trojan Control Building", as revised through Revision No. 4, and a~s supplemented by PGE Exh. 27 (Licensee's Testimony ("Broehl, et al.")
on Matters Other Than Structural Adequacy of the Modified Complex, March 17, 1980).
Any devisions or changes from the foregoing documents shall be accomp
'accordance with the provisions of 10 CFR part 50.59....gshed in Both the Staff and the Licensee recommended, in their proposed findings, a similar license condition, reading in pertinent part:
" Control Building Modifications.
The Licensee is authorized to and shall proceed with modifications to the Control Building in order to restore substantially the originally intended design ma rgins. The modification program shall be accomplished in accordance with PGE-1020, " Report on Design Modifications for the Trojan Control Building", as revised through Revision No. 4, and as supplemented by Licensee's letters dated February 28, March 28, June 22, June 29, July 5, 6 and 10, August 13, September 5 and 26 November 21, December 17, 21 and 22,1979, and January 28, Feb-ruary 13 and 21, and March 5, 6,17, 20, 21, and 27,1980; testi-mony filed by Licensee on March 17, 1980; Licensee's answers of April 2 and 14,1980, to NRC Staff questions; and " Licensee's Responses to Interrogatories Dated August 27, 1979 From the State of Oregon" dated September 17, 1979 and supplemented February 29, 1980. Any deviations or changes from the foregoing documents shail be accomplished in accoggance with the provisions of 10 CFR Part 50.59.
(emphasisaddsd}:'
2_/
Initial Decision, Slip Op., pp. 56-57.
3/
NRC Staff's Proposed Findings of Fact and Conclusions of Law on Modi-fication to the Trojan Control Building, May 19,1980, pp.172-173; Licensee's Proposed Findings of Fact and Conclusions of Law Concerning
- Design Modifications for the Trojan Control Building, May 7,1980, l
pp. 15 7-158.
1 e
As may be noted from a comparison of the condition imposed by the Board to that recommended by the Staff and Licensee, those supplementary documents specified in the Staff and Licensee's recommended license condition quoted above (underlined.nortions) were not spelled out in the condition imposed by the Board.
Since the Board decision in a number of areas relies on evidence based on many of the documents listed in the Staff and Licensee's proposed 4
condition but not included in the condition imposed by the Board /, it is not clear from the initial decision as a whole whether the Board:
intends to limit the authorized modifications, and maintenance of the Control-Auxiliary-Fuel Building Complex, once modified,E y
For example:
the roughening of adjacent structural surfaces prior to installation of new structural elements to dnhance friction and, there-fore, shear transfe'r (Initial Decision, Slip Op., p. 26) is not described in PGE-1020 or PGE Exh. 27 but is described in the Licensee's April 14, 1980 response to Staff questions (Licensee Exh. 33, Q. 5, p. 2 of 2); the evaluation of gross bending effects on shear capacity (Initial Decision, Slip Op., p. 24) is not given in PGE-1020 or PGE Exh. 27 but is set forth in the Licensee's February 13, 1980 responses to Staff questions (Licensee Exh. 25Q, Attachment 1); the evaluation of dead load reduction effects on sliding and single and double curvature capacities (Initial Decision, Slip Op., p. 26) is not given in PGE-1020 or PGE Exh. 27 but is set forth in the Licensee's responses of March 17,1980 (Licensee Exh. 25W) April 2,1980 (Licensee Exh. 32), and April 14,1980 (Licensee Exh. 33) to Staff questions; the Licensee's commitment to broaden floor response spectra peaks on the low frequency side by 41% for pur ment, components and piping (poses of assuring seismic qualification of equip-Initial Decision, Slip Op., p. 34) is not set forth in PGE-1020 or PGE Exh. 27 but is made in the Licensee's March 17, 1980 responses to Staff questions (Licensee Exh. 250, Q.2, p. 3 of 4).
5/
The Licensing Board has directed amendment of Section 5.7 of the Technical Specifications in accordance with Attachment 21-1 of Licensee Exh. 33 (Initial Decision Slip Op., p. 66).
As amended in accordance with the Board's Order. Technical Specification 5.7.2.1 would require that:
[t]he Control-Auxiliary-Fuel Building Complex (Complex) shall be designed and maintained to the design provisions contained in PGE-1020, " Report on Design Modifications for the Trojan Control Building)," as supplemented by documentation listed in
~
condition 2.C(11 of the Operating License with allowance for nomal degradation pursuant to the applicable Surveillance s
1 i
Requi rements.
Licensee Exh. 33, Attachment 21-1 (emphasis added).
4 s
to analytical techniques, acceptance criteria, Licensee commit-ments and implementing procedures specified in PGE-1020 through Revision 4 (and PGE Exh. 27), excluding those contained in the documents listed in the Staff and Licensee's proposed condition but not in the condition imposed by the Board; or believes and intends that its reference to PGE-1020 encompasses all modifications, clarifications and corrections of record in this proceeding (with special emphasis on PGE Exh. 27) with regard to the description of the Control Building modifications, support-ing analytical evaluations, acceptance criteria, Licensee commit-ments and implementing procedures; or intends solely te impose as license conditions the provisions of PGE-1020 through Revision 4 and PGE Exh. 27, leaving all other material as part of the FSAR descriptions of the Control Building modification details, supporting analytical evaluations, acceptance d
criteria, Licensee commitments and implementing procedures which may be changed without prior NRC approval pursuant to 10 CFR 5 50.59 in applicable instances?-
If, upon clarification, the Board indicates the last-stated intent, the Staff will have the Licensee appropriately amend the FSAR to include the other material,and will modify Technical Specification 5.7.2.1 accordingly.
s e
l
5-s III.
Relief Requested Based on the foregoing, the NRC Staff requests that the Licensing Board clarify its intent in excluding the supplementary documents recommended by the Staff and the Licensee fran License Condition 2.C.11.
Respectfully submitted, A
ose R. Gray Counsel for NRC Staff Dated at Bethesda, Maryland this 23rd day of July,1980 e
(L e
4 e
a e
e
UNITED STATES OF A':EPirA NUCLEAR REGULATORY C0"?,ISS104 s
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
PORTLAND GENERAL ELECTRIC COMPANY, ET AL. )
Docket No. 50-344
)
(Control Building)
(Trojan Nuclear Plant)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S MOTION FOR CLARIFICATION OF INITIAL DECISION WITH REGARD TO LICENSE CONDITION ON CONTROL BUILDING MODI-FICATIONS" in the above-captioned proceeding have been served on the following by deposit in the Nuclear Regulatory Commission's internal mail system, this 23rd day of July, 1980:
Marshall E. Miller, Esq., Chairman
- Mr. David B. McCoy Atomic Safety and Licensing Board 348 Hussey Lane U.S. Nuclear Regulatory Commission Grants Pass, OR 47526 Washington, DC 20555 Ronald W. Johnson, Esq.
Dr. Kenneth A. McCollom, Dean Corporate Attorney Division of Engineering, Portland General Electric Architecture & Technology Company Oklahoma State University 121 S.W. Salmon Street Stillwater, OK 74074 Portland, OR 97204 Dr. Hugh C. Paxton Mr. William W. Kinsey 1229 41st Street Robert L. Jones, Esq.
Los Alamos, NM 87544 Bonneville Power Administration P.O. Box 3621 Mr. John A. Kullberg Portland, OR 97208 15523 S.E. River Forest Drive Portland, OR 97222 Ms. Nina bell 728 S.E. 26th Frank W. Ostrander, Jr.
Portland, OR 97214 Counsel for Oregon Dept. of Energy Mr. Eugene Rosolie 500 Pacific Building Coalition for Safe Power 520 S.W. Yamhill 215 S.E. 9th Avenue Portlard, OR 97204 Portland, OR 97214 Maurice Axelrad, Esq.
Dr. W. Reed Johnson
- Lowenstein, Newman, Reis, Atomic Safety and Licensing Appeal Axelrad & Toll Boarf Suite 1214 U.S. Nuclear Regulatory Commission 1025 Connecticut Avenue, N.W.
Washington, DC 20555 Washington, DC 20036 r
.e O Alan S. Rosenthal, Esq.*
Atomic Safety and Licensing Appeal Atomic Safety and Licensing Appeal Panel (5)*
Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Docketing and Service Section (7)*
Dr. John H. Buck
- Office of the Secretary Atomic Safety and Licensing Appeal U.S. Nuclear Regulatory Commission Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Cdmmission Washington, DC 20555
~
f M
[Jsep
. Gray oun for NRC ff e
i
\\
2 e
e
- ----