ML19326B149

Supporting Memorandum Re Living in Finer Environ Motion Requesting Production of Documents from Applicants.Requests Motion Be Granted

ML19326B149
Person / Time
Site:	Davis Besse
Issue date:	01/13/1971
From:	Bleicher B COBURN, SMITH, ROHRBACHER & GIBSON, LIVING IN A FINER ENVIRONMENT
To:	US ATOMIC ENERGY COMMISSION (AEC)
Shared Package
ML19326B126	List: ML19326B145 ML19326B149
References
NUDOCS 8003060948
Download: ML19326B149 (11)

Text

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ATOMIC ENERGY COMMISSION y /5 Cu W \s \

N I In the Matter of )

Docket No. 50-346 THE TOLEDO EDISON COMPANY )

AND THE CLEVELAND ELECTRIC SUPPORTING MEMORANDUM ILLUMINATING COMPANY )

(Davis-Besse Nuclear Power )

Station)

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Living In a Finer Environment, Irwin I. Oster, and William E.

Reany (hereinafter referred to collectively as LIFE) have requested certain documents from the Applicants and others from the Atomic Energy Commission Regulatory Staff. The lists of documents requested are as complete and as specific as possible, taking into consideration the fact that LIFE was given only six days in which to prepare this and other dis-covery requests. We believe that the items listed are identified clearly enough to enable their location and production by the Applicants and the Regulatory Staff. This Motion complies with 10 CFR Section 2.741 requiring that the documents requested be

" relevant to the subject matter involved in the pending action whether it relates to the claim or defense of the examining party or to the claim or defense of any party".

With respect to the documents requested from the Applicants, items 1 through 8 ask for documents prepared by Babcock and Wilcox, which have l

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been relied upon by the Applicants in their answers to A.E. C. questions and therefore have been placed in the position of supporting the Applicants' construction permit application. By examining these documents LIFE and its expert witnesses will be able to understand the Applicants' con-tentions as to safety precautions and engineered safety devices that have been utilized in the design of this plant. These documents should clarify the extent to which there is scientific basis for the Applicants' intended design. In terms of safety and compliance with justifiable radiological production standards there is a question raised as to the nature and adequacy of the proposed reactor design. Items 9 through 12 and other items listed herein relate to the design of the proposed reactor, especially those parts most heavily subjected to radiation,and for the associated structures, as well as the nature and quality of the fuel.

Tritium concentration levels have been referred to but not fully discussed by the Applicants in response to the A.E.C. questions at the prehearing. It is expected that further clarification will be obtained from the report requested in item 13. Much of the Applicants' cenrantion con-cerning the safety of the proposed plant depends upon the Ph. D. thesis referred to in Amendment 5 to Volume 1 of the PSAR. This thesis, how-ever, was not yet complete at the time the Amendment was prepared.

Since crucial aspects of the public health and safety depend upon the con-clusions drawn in this unfinished Ph.D. thesis, the thesis in its final form

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should be made available for further evaluation and stu ',y by this intervenor and by its expert witnesses.

Itens relating to studies of the need for power and feasibility of alternative sources of power directly bear on the question of whether on balance this plant is sufficiently safe to justify its construction at this time and are therefore relevant and important to this intervenor's preparation.

The documents requested from the A.E. C. Regulatory Staff are also needed by LIFE and its experts in order to have the full underlying documents supporting the Staff's determination on this construction permit I application. They are all directly related to the issues in contention at these hearings. Experience at other plants must naturally serve as a guide to the proper design of Davis-Besse. In particular, the accident histories requested in 5 through 7 will shed light upon the adequacy of the measures taken by these Applicants and on the adequacy of the A.E. C. Pt. 20 Standards for emission themselves. The problems associated with wastes and spent fuel shipments are also of vital concern to the intervenor, and further documentation is required for the intervenor to evaluate the Applicants' design and plans. As stated above, the items dealing with feasibility of alternative and possibilities of improved designs are directly related to the validity of the Staff's findings and the issue of whe ther this famility is inimical to the common defense and security or to the health ano safety of the public.

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All of the items requested are directly related to the issues in It is contention and are needed by this intervenor to prepare its case.

d either impossible,or in a few cases so difficult in terms of time an expense as to be virtually impossible,for the intervenor to obtain t Therefore LIFE respectfully requests that its Motion for documents.

Production of Documents be granted.

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-_ _ s Am s T Bhatrice K. Bleicher Attorney for Movants COBOURN, SMITH, ROHRBACHER I 7th Floor Toledo Trust Building Toledo, Ohio 43604 Telephone: 243-5252 i

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- - DOC twforoER PROD. & UTIL FAC. To-744 The following documents to be produced by the Atomic Energy Commission:

. 1. Studies of maximum possible accident in commercial y nuclear power plants. Wash-740, March 1957, and any and all up-dated versions.

2. All reports of release of radioactive discharge into the waters of Lake Erie including but not limited to the most recent reports since the operation of the Enrico Fermi nuclear facility in Michigan in 1966.

3 All reports of radioactive release into the Columbia River by the Hanford Atomic Products operation in Washington state.

4. All reports on radiation levels in the area surrounding the West Valley Fuel Processing plant in West Valley, New York, including the levels found in holding ponds, Buttermilk Creek, and in fish and wild life.

5 All reports of accidents involving radioactive waste shipments from experimental and commercial nuclear reactors by public transport to date.

6. Reports of the accident at the Enrico Fermi plant including but not limited to Docket No. 50-16 Preliminary Report on Fuel Damage in Fermi Reactor" October 11, 1966, National Meeting, American Nuclear Society, San Francisco, 1967 7 All other case histories of accldents in any experi-mental and commercial nuclear plants in the United States to the present time including but not limited to accident reports o g 030KE E LTaEC JAN1319 l\ 9Fy:

SL-1 Reactor in Idaho, 1961 Big Rock Point Nuclear Plant, Charlevoix, Michigan

. Hembolt Bay, California Advanced TRIG Atomic Reactor, Illinois Oyster Creek Nuclear Facility at Tom's River, New Jersey B. Reports of background radiation levels in the vicinity of Enrico Fermi Plant prior to the resumption of operations in 1970 and "ubsequent thereto.

9 Budgetary breakdown of AEC experiments for nuclear power research during the past ten years on (a) Development of low to zero emission release systems (b) Development of safety controls on nuclear reactors (c) Fast breeder reactors

10. All reports on the development and availability of zero release systems for argon and xenon gases at Oak Ridge National Laboratory.

11. All reports of research into alternatives to electricity production by nuclear power by such means as solar power, tidal energy, geothermal power, magneto hydrodynamics, fuel-cell generation, and gas turbines.

12. Civilian Nuclear Power, "A Report to the Press" USAEC, November 20, 1962 "Small Nuclear Power Plants" C00-284 AEC Division of Technical Information.

13 "Public Acceptance of Nuclear Power" Nuclear Power Reactor Siting AEC Conference 65201.

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tion Criteria

14. National Council on Radiation Protec l Council for

" Basic Radiation Protection Criteria".

j 15 The most recent study by the Nationastud to the Radiation Protection Criteria (priorreparation of 10 CFR Part Question 14 above) which 3as used in p ents r>alated i Standards 16.

or amendments Protection thereto.Against Rule m adoption of_10 CFR Part 20 "to.Standards for Radiation" and all amendments therements related 17 Rule making hearings and othe the preparation of 10 CFR Part R Part 50 Revised Appendix D, use and the preparation of 10 CF dated December-3, 1970 P

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The following documents to be produced apNyh.,r$$a 3 A;

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Toledo Edison Company and Cleveland Electric Ill h

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1. Babcock & Wilcox Document 10009 " Fuel. Clad Failure-

,'_ </l During LOCA and Its Effect on ECCS Performance (submitted to 5 . .

DRL, 2nd Guarter of 1970) and referred to on 1.2-1 of A$C~ Questions to applicant.

2. Babcock & Wilcox Document 10014 " Analysis of Sustained

-Departure From Nucleate Boiling Operation" (submitted by applicant to DRL on August 8, 1969) and referred to on 1.2-1 of AEC Questions to applicant.

3 Babcock & Wilcox Document 100018 including " Analysis of Structural Integrity of the Reactor Vessel Subjected to Thermal Shock" referred to in 1.2-2 of AEC Questions to applicant.

4. Babcock & Wilcox Document 10008, Parts 1 and 2 (revised), " Fuel Assembly Stress and Deflection Analysis Due to Loss of. Coolant Accident and Seismic Excitation" referred to in 1.2-2 of AEC questions to applicant.

5 Babcock & Wilcox Study Report on "Instrumen-tation for Prompt Detection of Gross Fuel Failure" referred to in 1.2-3 of AEC. Questions to applicant.

6. Babcock & Wilcox Study Report on the consequences of certain reactor transients if reactor trip does not occur, referred to in 1.2-4 of AEC Questions to applicant.

7 Babcock & Wilcox Topical Report, Document 10006.

8. Babcock & Wilcox Document 10002 referred to on 12.8-1 of'the AEC Questions to the applicant.

9 Copies of all bids or quotations of price and

specifications submitted by Babcock & Wilcox and other potential suppliers of the reactor.

10. Copies of all bids or quotations of price and specifications from Bechtel and any other construction firm offering to provide construction services on the Davis-Besse plant.

11. Copies of the contracts with Babcock & Wilcox, Bechtel, and with the company supplying fuel elements.

12. With respect to Babcock & Wilcox, Bechtel, and the company supplying fuel elements, copies of the contract supple-ments or other documents showing the stages of the project presently completed, and the stages for which funds have already been committed.

13 Report of background Tritium levels of concentration in Lake Erie at (a) potable water intakes, (b) in the area from shore to 5 miles from shore, and (c) in the rest of Lake Erie.

14. Ph.D. thesis of Charles C. Kidd, Radiological Health Research " Accumulation of Radionucleides by Pantopreia Affinis", referred to in Amendment No. 5, Vol. 1 PSAR, Appendix II D p. 132. If thesis is not yet complete, please state anticipated date of completion and produce most recent updated report on said thesis.

15 Full documentation of the exact electrical power needs in The Toledo Edison - Cleveland Electric Illuminating power service areas for 1970-1975, the summary of which appears in index Item 10 of Joint Exhibit "A" - a letter from Toledo f

Edison-dated 6/4/70 requesting exemption.

16. Cost-analysis and/or studies or reports of feas-ibility of-alternatives to electric power production by nuclear reactor in the power service areas described in item 15 1

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17. Detailed stress analysis on the exact same vessel design in the event of a rapid transient operation such as emergency cooldown causing leakag'e of reactoE closure heads.

16. Babcock & Wilcox Document 10002 "Research and Development Report for the Once-through Steam Generation".

19. ASTM E 165-66 " Recommended Practice for Surveillance Tests on Structural Materials in Nuclear heactors".

20. Babcocit and Wilcox Document 10006 " Material Irradiation Surveillance".

21. Babcak and Wilcox Document 36b7-h " Physics Verification Programa Parts 1 and 2, June,1967.

22. ASME Paper No. 63-WA-100, " Reactor Vessel Design Considering Radiatio'n Affects."

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N!Bibe6ck Md Wilcox Document 10001 "In Core Instrumentation Test Program".

2h. Babcock and Wilcox Document 10010 " Stability Margin for Xenon Oscillation Modal Analysis"

25. AWS D12.1-61 " Recommended Practice for Welding deinforcing Steel, Metal Inserts, and Comaections in Reinforced Concrete Construction."

26 ASCE Design of Structure to Resist Nuclear 'deapons Affects, No. h2, 196h edition, 162 pp.

27. " Effects of Impact and Explosion", Volume 1, 19h6, defense Documentation Center, Defense Supply Agency, ASTIA, referred to on page 5-h7 in Volum'e -2, PSAR.

48 IEEE 279 August 1968, HCriteria for Nuclear Power plant Protection "ystems".

29. Any cther documentation underlying the conclusions stated in the PSAR.

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