ML19323H978

Response in Opposition to Wi Environ Decade,Inc 800529 Request for Hearing Re Steam Generator Tube Degradation. Intervenor Repeated Claims Before ASLB & Failed to Establish Interest Re Mod to Confirmatory Order.W/Certificate of Svc

ML19323H978
Person / Time
Site:	Point Beach
Issue date:	06/12/1980
From:	Charnoff G, Oneill J SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:
References
NUDOCS 8006170399
Download: ML19323H978 (7)

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. y-June 12, 1980 UNITED STATES OF AMERICA-NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGUTATION In the Matter of )

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WISCONSIN ELECTRIC POWER COMPANY ) Docket No. 50-266

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(Point Beach Nuclear Plant, ) (Modification of Unit 1) ) License)

LICENSEE'S RESPONSE TO REQUEST BY WISCONSIN'S ENVIRONMENTAL DECADE, INC. FOR HEARING ON MODIFICATION OF CONFIRMATORY ORDER By request dated May 29, 1980, Wisconsin's Environmental Decade, Inc. (" Decade") once again seeks a hearing before the Commission on the steam generator tube degradation at Point Beach Nuclear Plant, Unit 1. Once again Decade invokes a report by the American Physical Society and asserts that

" continued operation of pressurized water reactors with significant steam generator tube degradation is a serious safety problem." In support of its request, Decade simply refers to its previous filings dated December 17, 1979; January 8, 1980; and February 22, 1980.

l By Order dated May 12, 1980, the Commission directed the Chairman, Atomic Safety and Licensing Board Panel, to empanel a Board to determine whether a hearing previously requested by ob

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Decade is required in connection with a November 30, 1979 Confirmatory Order (" Confirmatory Order") (44 Fed. Reg. 70608 (December 7, 1979)) and the January 3, 1980 Modification to i the Confirmatory Order (45 Fed. geg. 2452 (January 11, 1980)). -

The-Confirmatory Order established more stringent operating conditions for Point Beach Unit 1 due to the steam generator tube degradation. Thus, the matters raised in the Decade Petition of May 29, 1930 and previously raised in each of the ,

three filings referenced by Decade in that petition -- if Decade  !

i I has standing to request.such a hearing and to the extent such matters are cognizable by the Board in the context of the Confirmatory Order -- would be considered by that Board if it 4

determines that a hearing need be held.

Decade's instant request refers to the April 4, 1980 Modification of the Confirmatory Order. In the " Safety Evaluation Report Related to Point Beach Unit 1 Steam Generator Tube Degradation Due to Deep Crevice Corrosion" dated April 4, 1980 and attached to the Modification to the Confirmatory Order, the Staff found, inter alia:

5) Based on the number of new defects, the rate of deep crevice corrosion appears to have decreased.

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6) A maximum 90 effective full power day operating period, prior to the next ECT [ eddy current testing] inspection as proposed by the' licensee, will provide adequate assurance that a large number of tubes will not simultaneously reach a point'of. incipient failure.

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Thereby the Acting Director, Nuclear Reactor Regulation, ordered that the Confirmatory order be amended, effective immediately, to delete condition 1 of Section IV of that order and replace it with the following condition:

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1. Within 90 effective full power days from the day of this Order, a 2000 psia primary-to-secondary hydrostatic test and a 800 psia i secondary-to-primary hydrostatic test shall be l performed. Also during this plant outage, an eddy current examination shall be performed on tubes in each steam generator. The program shall I be submitted to the NRC for staff review and require examination of about 1000 tubes in the central region of the hot leg and three (3) i percent of all tubes outside this central region l and 3% of all cold leg tubes. The central region 1 shall encompass all areas where deep crevice corrosion has previously been observed.

Condition 1 of the Confirmatory Order, which was deleted I by the April 4, 1980 Modification, reads as follows:

1. a) Within 30 effective full power days, a i

2,000 psid primary to secondary hydrostatic test and a 800 psid secondary to primary hydrostatic test will be performed.

Should any significant leakage develop as a result of either test, the leaking tubes will be identified and plugged.

b) Within 60 effective full power days, the same primary to secondary and secondary to primary hydrostatic tests will be repeated, and an eddy current examination of the steam generator tubes will be performed. Tnis eddy current program will

~be submitted to the NRC for Staff review.

Thus, the April 4,1980 Modification simply (1) permits the

- Licensee to operate for 90 effective full power days before performing either hydrostatic tests or an eddy current examination 1

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l and (2) provides additional guidance for the scope of the eddy current examination to be performed within 90 effective full power days.

Decade has not set forth with particularity in its request a statement regarding how its interest may be affected by the April 4, 1980 Modification to the Confirmatory Order.

Decade merely asserts that its members may be injured by the Commission decision to permit Point Beach Unit 1 to resume operation with degraded steam generator tubes.

In the event a hearing were to be held, the issues to be considered at such a hearing are set forth in the April 4, 1980 Modification as follows:

1. Whether the facts stated in Sections II and III of the Order provide an adequate basis for actions ordered; and

2. Whether the license should be modified to include the conditions set forth in Part IV of the Order.

Decade has neither challenged nor offered additional information regarding the facts as stated in Section II and III of the Order; it has not challenged the condition to the license imposed by l

the Order. See 10 C.F.R. S 2.714 (a) (1) and (2).

In conclusion, we submit that Decade's request should be denied because:

i a) it fails to state the interest of Decade and how that interest may be affected by a hearing on the April 4, 1980 Modification to the Confirmatory Order; i

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b) it fails to set out matters in controversy within the issues set out for hearing in the April 4, 1980 Modification to the Confirmatory order; and c) it does no more than repeat the same claims made before the Commission on a number of previous ,

occasions, which Decade will be able to make before an Atomic Safety and Licensing Board --

if that Board finds that Decade has standing to i request a hearing and has raised any issues  :

relating to the Confirmatory Order which are '

cognizable by the Board. l Respectfully submitted, SHAW, P' MAN POTTS & TRQWBRIDGE  ;

By Gerald Charnoff ,

i JohnH.O'Neill,Jr.Y w Counsel for Wisconsin Electric Power Company 1800 M Street, N.W.

Washington, D.C. 20036 Telephone: (202) 331-4100 Dated: June 12, 1980 1

e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION In the Matter of )

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WISCONSIN ELECTRIC POWER COMPANY ) Docket No. 50-266

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(Point Beach Nuclear Plant, ) (Modification of License)

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Response to Request by Wisconsin's Environmental Decade, Inc. For Hearing on Modification cf Confirmatory Order," dated June 12, 1980, were served upon those persons on the attached service list, by deposit in the United States mail, postage prepaid, or by hand delivery, on this 12th day of June, 1980.

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3- 4 s b John E. O'Neill, Jr. l x

Cated: June 12, 1980

UNITED STATES OF AMERICA f

NUCLEAR REGULATORY COMMISSION OFFICE ,OF NUCLEAR PE. ACTOR REGULATICN In the Matter of )

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WISCONSIN ELECTRIC POWER COMPANY ) Docket No. 50-266

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(Point Beach Nuclear Plant, ) (Modification of Unit 1) ) License)

SERVICE LIST Mr. Darrell G. Eisenhut Kathleen M. Falk, Esquire Office of Nuclear Reactor-Regulation Wisconsin's Environmental U. S. Nuclear Regulatory Ccmmission . .

Decade, Inc.

Washington, D. C. 20555 302 East Washington Avenue Madison, Wisconsin 53703 Mr. Samuel J. Chilk Secretary Docketing and Service Section U. S. Nuclear Regulatory Commission Office of the Secretary Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Marian'E. Moe, Esquire Washington, D. C. 20555 Office of General Counsel U. S. Nuclear Regulatory Commission Ms. Joan Estes Washington, D. C. 20555 Lakeshore citi= ens for Safe Energy Edwin J. Reis, Esquire 3314 Gass Lake Road Office of Executive Legal Director Manitowoc, Wisconsin 54220 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Mr. Lewis T.- Mittness, Executive Secretary Public Service Commission of Wisconsin Hill Farms State Office Building 4802 Sheboygan Avenue Madison, Wisconsin 53702 C. F. Riederer, P. E.  !

Public Service Commission of  !

Wisconsin i Hill Farms State Office Building  !

4802 Sheboygan Avenue l Madison, Wiscensin 53702 1 l

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