ML19323G724

Memo of Points & Authorities in Support of State of or Proposed Findings of Fact & Conclusions of Law.Proposed Findings Are Intended to Increase Likelihood That Mods to Facility Will Meet Seismic Safety Stds

ML19323G724
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	05/19/1980
From:	Ostrander F OREGON, STATE OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19323G717	List: ML19323G716 ML19323G721 ML19323G724
References
TAC-11299, TAC-13152, NUDOCS 8006060544
Download: ML19323G724 (6)

Text

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' A ( h ci+ g h 7 UNITED STATES OF AMERICA 17 !

NUCLEAR REGULATORY COMMISSION 3 W{Wc 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)

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(Trojan Nuclear Plant)

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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THE STATE OF OREGON'S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW As is readily apparent fror stu: proposed Findings of Fact and Conclusions of Law, Oregon believes that the issues before the Board in this proceeding now appear to have been generally resolved.

Oregon retains, however, concerns as to the engineering analysis that remains to be completed by the Licensee, particularly as to seismic qualification of safety related equipment and as to engineering safety evaluations which may be performed by the Licensee prior to making any

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changes in or deviations from the proposed modifications to

, the Trojan complex.

Such evaluations may be performed pursuant to 10 CFR 50.59 relating to Licensee's proposed condition. (1) (changes and deviations from PGE 1020 and representations made by the Licensee in certain other documents); pursuant to Licensee's proposed condition (2)(a)

(Trojan Operating License, appendix A, paragraph S.7.2.2, which requires NRC approval of design changes which cause a net 1% reduction in seismic capability, etc.); and pursuunt s

1 - MEMORANDUM OF POINTS AND AUTHORITIES i

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to Licensee's proposed condition (1)(q) (changes in seismic qualification of safety related equipment).

j As set forth in Oregon's Proposed Findings 288 and 289, the great difficulty and complexity of the engineering i

design safety analysis necessary in order to design and review the proposed modifications has been apparent through-out the two-year course of this proceeding.

The " state of the art" level of the analysis has led to differences in engineering judgment between the Licensee and the Staff.

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As to the analyses that have been completed, these dif-ferences have been resolved.

Nonetheless, Oregon believes that it is appropriate for the NRC staff to be kept informed in a timely manner of each of the engineering safety anal-yses that, as set forth above, will or may be done in the future.

Oregon does not believe that an NRC construction inspector or the NRC Regional Office of Inspection and Enforcement would have the expertise to perform a review of the complexity *,ssc iated with the seismic cafety questions that have been the subject of this proceeding.

For that reason, Oregon has proposed an accelerated reporting re-quirement as provided by 10 CFR 50.59 which states:

"(b) The Licensee shall maintain records of changes in the facility and of changes in the procedures made pursuant to this section, to the extent that such changes constitute changes in the facility as described in the Safety Analysis Report or constitute changes in procedures as described in the Safety Analysis Report.

These records shall include a written safety evaluation which provides the bases for the 2 - MEMORANDUM OF POINTS AND AUTHORITIES

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.l determination that the change, test, or experi-ment does not involve an unreviewed safety question.

The Licensee shall furnish to the appropriate NRC regional office shown in appendix D of Part 20 of this chapter with a copy to the Director of Inspection Enforcement, U.S. Nuclear kegulatory Commission, Washington, DC 20555, annually or at such shorter intervals as may be specified in the license, a report containing a brief description of such changes, tests and experiments, including a summary of the safety evaluation of each.

(Emphasis added.)

l The burden on the Licensee of e.ccelerated reporting i

to the NRC Staff is simply a matter of transmitting material and reports (that are otherwise required to be prepared) to the NRC according to the schedule proposed in Oregon's modification of Licensee's proposed condition (1) and (1)(q) rather than waiting to submit the same material in an annual report.

An annual report would be of no practical use during the modification work as the work will have been completed and " set in concrete" long before reports of changes in the modifications reached the appropriate staff.

It is important to note that Oregon has not suggested that the Staff approve in advance each change or deviation in the modifications.

Oregon believes that with timely receipt of the Licensee's engineering safety analysis reports, the appropriate NRC Staff experts can provide meaningful review of Licensee's analyses and that adequate enforcement power exists.

In order to aid in making the Staff's review timely, Oregon has suggested in proposed condition (1) that copies 3 - MEMORANDUM OF POINTS AND AUTHORITIES

be sent directly by the Licensee to the Office of Nuclear Reactor Regulation as well as to the NRC Region V Office of Inspection and Enforcement.

The findings and conditions proposed by Oregon are

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intended to increase the likelihood that the modifications to the complex in all their final details will meet the seismic safety standards that have been the concern of all the parties to this proceeding.

Oregon's proposals are within the provisions of the appropriate NRC regulation, 10 CFR 50.59(b), supra, and do not create an undue burden on the Licensee.

For all of the above reasons, they should be adopted by the Board.

Respectfully submitted, bl

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FRANK W. OSTRANDER, JR.i Assistant Attorney Gendrall Of Attorneys for the Ordgon Department of Energy 4 - MEMORANDUM OF POINTS AND AUTHORITIES

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CERTIFICATE OF SERVICE I, Frank W. Ostrander, Jr. hereby certify that on this 19th day of May, 1980, I served the within " Memorandum of Points and Authorities in Support of the State of Oregon's Proposed Findings of Fact and Conclusions of Law" upon the following parties of record by then depositing in the United States mail at Portland, Oregon, full, true, and correct copies thereof, addressed to the said parties of record at the following addresses listed below, and prepaying the postage thereon:

i Marshall E. Miller, Esq., Chair.

Mr. David B. McCoy Atomic Safety and Licensing Board 348 Hussey Lane U.S. Nuclear Regulatory Comm'n Grants Pass, OR 97256 Washington, DC 20555 Ms. C. Gail Parson Dr. Kenneth A. McCollom, Dean 800 S.W. Green #6 Division of Engineering, Portland, OR 97205 Architecture & Technology Oklahoma State University Ronald W. Johnson, Esq.

Stillwater, OK 74074 Corporate Attorney Portland General Electric Dr. Hugh Paxton 121 S.W. Salmon Stree't 1229-41st Street Portland, OR 97204 Los Alamos, New Mexico 97544 William %

Kinsey Mr. John A.

Kullberg 1002 N.E.

Holladay 15523 S.E.

River Forest Dr.

Portland, OR 97232 Portland, OR 97222 Ms. Nina Bell Coltmbia Environmental Council 632 S.E.

18th 203 S. First Street Portland, OR 97214 St. Helens, OR 97051 Mr. Stephen M. Willingham Maurice Axelrad, Esq.

555 N. Tomahawk Drive Lowenstein, Newman, Reis, Portland, OR 97217 Axelrad & Toll Suite 1214 Mr. Eugene Rosolie 1025 Connecticut Avenue NW Coalition for Safe Power Washington, DC 20036 215 S.E.

9th Avenue Portland, OR 97214 1/ CERTIFICATE OF SERVICE

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Dr. Reed Johnson Atomic Safety and Licensing Office of the Executive Legal Appeal Board Director U.S.

Nuclear Regulatory Comm'n U.S.

Nuclear Regulatory Comm'-

Washington DC, 20555 Washington, DC 20555 Joseph R. Gray Docketing and Services Sectio.

Counsel for NRC Staff Office of the Secretary U.S. Nuclear Regulatory Comm'n U.S.

Nuclear Regulatory Comm':

Washington, DC 20555' Washington, DC 20555 Alan S.

Rosenthal, Esq.

Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Comm':

U.S. Nuclear Regulatory Comm'n Washingon, DC 20555 Washington, DC 20555 Dr. John Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comm'n Washington, DC 20555 e

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FRANK W. OSTRANDER, JR.

Assistant Attorney General l

O 2/ CERTIFICATE OF SERVICE