ML19321B279

Proposed Findings of Fact & Conclusions of Law Re Design Mods for Control Bldg.If ASLB Will Include Proposed Suppls & Additions in Initial Decision,Appellant Will Concur in Licensee Proposed Findings & Conclusions

ML19321B279
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	07/23/1980
From:	Ostrander F OREGON, STATE OF
To:
Shared Package
ML19321B276	List: ML19321B275 ML19321B277 ML19321B278 ML19321B279 ML19321B280
References
TAC-11299, TAC-13152, NUDOCS 8007300500
Download: ML19321B279 (5)

Text

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

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PORTLAND GENERAL ELECTRIC

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Docket No. 50-344 COMPANY, et al.

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(Control Building Proceeding)

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(Trojan Nuclear Plant)

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STATE OF OREGON'S PROPOSED FINDINGS OF FACT.

AND CONCLUSIONS OF LAW CONCERNING DESIGN MODIFICATIONS FOR THE TROJAN CONTROL BUILDING I

INTRODUCTION The State of Oregon proposes the following as addi-tions and supplements to the proposed Findings.of Fact and Conclusions of Law submitted by th'e Licensee on May 7, 1980.

If the following additions and supplements are in-cluded by the Board in its initia] decision, based on the information developed during this proceeding the State of Oregon concurs with and has no objection to the proposed findings and conclusions of the Licensee.

The following findings are proposed as Addition "K" to the Licensee's findings at page 155 after Licensee's finding No. 287.

The following ' license conditions are proposed as additions to Licensee's proposed conditions (1) and (1)(q).

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1 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

. 8007o90 jtk

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II K.

Reporting Recuirements Relating to Chances in the Modifications as Proposed By the Licensee and reviewed By the Board 288.

In the expert testimony submitted by the Licensee, the staff and the State of Oregon and in response to ques-tions by the Board and the parties, there was an uncontro-verted consensus that the proposed modifications and the engineering calculations and design safety questions related thereto are complex and difficult and represent the " state of the art" in teismic capability-analysis.

This is made particularly so by the lack of building code or other ac-cepted data which are specifically and completely applicable to the construction of the Trojan complex.

It i

necessary, therefore, to rely on a testing program and to perform a detailed and-complex analysis unique to the Trojan complex (Licensee Exh. 28 pp. 11, 23a, 25, 33, 48, 59

Staff Exh.

4 17a pp. 42, 53; Tr. 3274, Tr. 3278, Tr. 3280, Tr. 3283, Tr.

3333 (Herring), Tr. 3608, Tr. 4356; Tr. 4420 (Bressler) ).

289.

Because of the complexity and unique nature (as i

described in F 288, supra) of the engineering design safety questions that had to b6 resolved during the two-year course of this proceeding, differences in engineering judgment necessarily arose between the staff and licensee (Staff Exh.

17a pp. 11 - 17, 20 - 22, 26, 28, 37 - 40, 54; Licensee Exh.

i 28 pp. 46, 66, 68, 73, 77; Tr. 3903, Tr. 4402 -4403, Tr.

4628).

These engineering judgment differen ces between the 2 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

staff and the licensee have finally been resolved.

However, certain analyses, including review of the seismic qualifi-cation of safety related equipment due to the widened responce spectra as well as aspects of the " block wall problem", will not Le performed until subsequent to this proceeding and prior to the modification work itself.

In addition, certain details of construction plans and the modification design are not finalized and may be subject to changes.

(Licensee Exh. 28 p 64; Staff Exh. 15a pp 25 - 27; Tr. 3727, Tr. 4373, Tr. 4647, Tr. 4622 - 4627, Tr. 4750 - 4753, Tr. 4789).

Licensee's proposed License Condition 2A, (which references the Troj an Operating License, appendix A, paragraph 5.7.2.2) as modified by this decision and 10 CFR 50.59 limit further changes to the proposed modifications as reviewed by the Board provided the Licensee concludes their effect is not significant.

However, the Board believes that because of the complexity and uniqueness of the engineering design safety questions relating to this proceeding and the differences in engineering judgment which have occurred, continued monitoring must be performed by the appropriate Staff experts in the Office of Nuclear Reactor Regulation of all remaining engineerina design safety analyses per-formed by the Licensee (Tr. 3318).

290.

Based on the foregoing, the Board finds that, pursuant to 10 CFR 50.59(b), accelerated reporting to the Staff of changes and deviations from the modifications as 3 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW g

proposed and of further analyses of safety related equipment should be made in accordance with conditions (1) and (1)(q) in the Board's order.

III (1)

Add the following statements to Licensee's' proposed license condition (1) after the sentence "Any deviations or changes from the foregoing documents shall be accomplished Pursuant to 10 CFR 50.59:

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" Reports required by 10 CRF 50.59(b) shall be made to the NRC for information in accordance with the following schedule:

(a)

Any deviations or changes which require or cause the Licensee to perform calculations to ensure compliance with the criteria of Trojan Operating License, Appendix A, Paragraph 5.7.2.2 (per Licensee's proposed conditions 2(a)) shall be reported prior to commencement of the deviations or changes.

(b)

All other deviations or changes chal.1 be reported within fourteen (14) days after the Licensee initially decides to implement them.

(c)

A copy of all reports submitted to the NRC pursuant to 10 CFR 50.59 shall be sent to the Office of Nuclear Reactor Regulation.

(2) Add the following statements to Licensee's proposed license condition (1)(q) after the sentence "Any changes to piping systems necessarp to ensure that the condition is met shall be performed before the structural modifications are made.":

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4 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

"The evaluations to determine whether such changes are' required shall be submitted to the NRC Office of Nuclear Reactor Regulation for information prior to implementation."

Respectfully Submitted, i

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ma FRANK W. 'OSTRANDER, MR.

Assistant Attorney General Of Attorneys for the Oregon' Department of Energy 5 - PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW J

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