ML19327A031

Response to NRC Motion for Clarification of ASLB 800711 Initial Decision Re License Condition on Control Bldg Mod. Does Not Object to Including NRC & Licensee Proposals in Condition 2.C.11

ML19327A031
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	07/29/1980
From:	Axelrad M, Rachel Johnson LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL, PORTLAND GENERAL ELECTRIC CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML19327A032	List: ML19327A031 ML19327A034
References
TAC-11299, TAC-13152, NUDOCS 8008010085
Download: ML19327A031 (4)

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UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION Il P

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

,5 In the Matter of

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PORTLAND GENERAL ELECTRIC COMPANY

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Docket No. 50-344 et al

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(Control Building Proceeding)

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LICENSEE'S RESPONSE TO NRC STAFF'S MOTION FOR CLARIFICATION Licensee has reviewed NRC Staff's Motion for Clarification of Initial Decision with Regard to License Condition on Control Building Modifications (Staff's Clarification Motion).

In light of the ques-tions raised by the NRC as to the Board's intent with regard to one of the license conditions imposed by the Board, Licensee concurs that it would be useful to have the Board clarify its intent.

The Staff's Clarification Motion deals with License Condition 2.C.ll, which was directed to be added to the Trojan Operating License in the Board's Initial Decision of July 11, 1980.-1/The condition im-posed by the Board differed from a similar condition that tiad been proposed by the Licensce and the Staff, in that it did not contain references to a number of supplementary documents that had been in cluded in the proposals of Licensee and the Staff.~2/The Staff 1/

Initial Decision, slip. op., pp. 56-57.

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St.iff's Clarification Motion,'pp.

2-3.

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2-questions'the Board's' intent in omitting' references to those supple-

-mentary documents and suggests three alternative possibilities as to the Board's intent.~3/

The Staff's three suggestions are not wholly clear to us.

How-ever, rather than discussing those suggestions, we believe it would lx3 more useful to the Board to describe what the Licensee believed it was.accom'plishing in its proposed version of the condition (which was identical to the Staff's proposed version) ~4/and what the Licensee understands its obligations to be in light of the version adopted by the Board.

Licensee's proposals with respect to the modifications of the

. Control Building which are the subject of this proceeding were con-tained in the " Report on Design Modifications for the Trojan Control Building" (PGE-1020), as revised _through Revision 4 (Licensee Exh.

24) and'in additional documents containing supplementary information (all of which were listed in the version of Condition 2.C.11 proposed lar Licensee.and the Staff).

As understood by Licensee, the effect of'lishing PGE-1020 and such supplementary documents in Condition 2.C.ll'was-to make clear that these documents were to be treated for regulatory purposes as the equivalent of the Trojan Final Safety Analysis Report- (FSAR).

This was achieved by stating in the third sentence of Condition 2.C.ll that "Any deviations or changes from the foregoing documents shall be accomplished in accordance with the 3_/

'Id.,

pp.

3-4.

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Licensee's proposed version was derived from the essentially similar condition proposed lyr the Staff in the SER (Staff Exh.

13A,E16.2.2, p. 88).

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. provisions of 10 CFR part 50.59."

Thus, Licensee was obligated to comply with all commitments set forth in such documents as if they were contained in the FSAR; and could deviate therefrom only in accordance with procedures set forth in S 50.59.

Eventhough the Board determined not to include references to all of the supplementary documente in Condition 2.C.ll, Licensee still considers itself bound to the commitments which it made there, as if.such commitmants appeared in'the FSAR.

Accordingly, Licensee will comply with the commitments contained in the documents which were not listed by the Board and will utilize S 50.59 procedures as 5/

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to any deviations or changes therefrom.

In view of Licensee's explicit expression of its obligations, as set forth above, Licensee does not believe that any amendment of the FSAR is-necessary to achieve the purposes of the Staff or the Board.

Licensee loes intend to incorporate its commitment's,as appro-priate, into the FSAR as part of the updating of the FSAR required6/

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under the newly added S 50.71(e) of the Commission's regulations, within the schedule set forth therein.

In keeping with the scope and format of the FSAR, the material to be incorpc rated would consist of basic design, analytical technique and accep;ance criteria information and would not, of course, include work performance or construction details.

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The list of supplementary documents Erat appears in Condition 2.C.ll is'also incorporated'by reference in the amended version j

of Technical Specification 5.7.2.1, which will become effective when the Trojan Control Building modification program is com-pleted.

See Staff's Clarification Motion, at n.

5, p.

3.

For l

purposes of this technical specification, Licensee also con-t-

siders itself bound to the commitments contained in the docu-ments not listed by the Board.

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.45 Fed. Reg. 30614 (May:9,.1980).

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t Licensee respectfully suggests that'in response to the Staff's Clarification hetion the' Board affirm that Licensee has correctly stated above~its obligations under the license amendment issued pursuant to the Initial Decision.

Licensee would have no objections if the Board determined that the list of supplementary documents that had been included in the proposals submitted by the Staff and Licensee should be inserted in Condition 2.C.ll.

Respectfully submitted, MAURICE AXELRAD, ESQ.

ALBERT V. CARR, JR., ESQ.

Lowenstein, Newman, Reis, Axelrad & Toll 1025 Connecticut Avenue, NW Washington, D. C.

20036 RONALD W. JOHNSON, ESQ.

Portland General Electric Company 121 S. W.

Salmon Street Portland, OR 97204 By

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