ML19327A324

Motion for Low Power OL Authorizing Fuel Loading,Initial Criticality,Zero Power Physics Testing & low-power Testing. Applicant Complied & Will Comply w/NUREG-0694,Pages 10-20. Certificate of Svc Encl

ML19327A324
Person / Time
Site:	Mcguire, McGuire
Issue date:	08/01/1980
From:	Mcgarry J, Mcgarry T, Porter W CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), DEBEVOISE & LIBERMAN
To:	Atomic Safety and Licensing Board Panel
References
LBP-79-13, NUDOCS 8008060011
Download: ML19327A324 (6)

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 2 gg 4 $33 >

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In the Matter of )

) s 0{ggjp[hlpf Banc 17f DUKE POWER COMPANY ) Docket Nos. 50-36 /

) 50-370 cv g i (William B. McGuire Nuclear )

Station, Units 1 and 2) )

APPLICANT'S MOTION FOR LICENSE AUTHORIZING FUEL LOADING, INITIAL CRITICALITY, ZERO POWER PHYSICS TESTING AND LOW POWER TESTING 1/

On April 18, 1979, this Board issued an Initial Decision which provided for the full power operation of the McGuire Nuclear Station. LBP-79-13, 9 NRC 489. The effectiveness of this decision was stayed by the Board pending Staff sub-mittal of a supplement to its Safety Evaluation Report con-cerning generic safety issues. 9 NRC at 547. This supple-ment was issued in May, 1980 and immediately thereafter Applicant moved this Board to terminate the stay. As a result of Applicant's act.lon, Intervenor moved to reopen

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the proceeding. On July 29, 1980, the Board denied Inter-venor's motion but provided it an opportunity to amend its pleading to conform with Commission requirements. The 1/ A description of fuel loading, initial criticality and zero power physics testing is set forth in Section 14.1 of the McGuire FSAR. The tests to be conducted in Applicant's proposed low-power testing program are listed below:

Natural Circulation Verification Effect of Steam Generator Isolation on Natural Circulation Natural Circulation with Simulated Loss of Offsite Power Natural Circulation at Reduced Pressure Natural Circulation with Loss of Pressurizer Heaters L Simulated Loss of All Onsite and Offsite AC Power This program is currently being reviewed by the Staff and is similar to the tests recently conducted at Secuoyah and North Anna.

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Board has yet to act on Applicant's motion to terminate the stay.

During this time construction of McGuire has continued so that it is now essentially complete. Present indications are that fuel can be loaded in September, 1980 and initial criti-cality, zero power physics testing and low-power testing can thereafter commence. In order to be able to take such actions in a timely fashion appropriate authorization must now be obtained. This Board's Initial Decision provides the necessary authorizations; however, as noted, the effect of such decision has been stayed pending further order of the Board. In light of this fact, and due to the delay associated with the lingering prospect of reopening,2/ Applicant files the instant motion.3/

Specifically, pursuant to 10 CFR $50.57(c),4/ Applicant 2/ In this regard, Applicant has been advised that Staff pre-paration of a further supplement to the McGuire SER addressing the full power requirements of NUREG-0694, "TMI-Related re-quirements for New Operating Licenses" (June, 1980), will not be available in time to support the scheduled start-up of McGuire. Applicant has been further advised that a supple-ment to the SER addressing fuel loading and low power testing requirements of NUREG-0694 is being prepared and will be pub-lished prior to the scheduled fuel loading of McGuire.

3/ In the event Intervenor fails to comply with the Board's Order of July 29, 1980, and the stay of the Initial Decision is terminated, the instant motion would be moot.

The requested relief would then be sought by an apppropri-ate request to the Director of Nuclear Reactor Regulation.

-4/ 10 CFR 50.57(c) applies to "a case where a hearing is held...." Applicant maintains that the Initial Decision has terminated the hearing process. However, this Board has retained jurisdiction. In addition, Intervenor's have filed a motion to reopen. Under the circumstnces, and particularly in light of the time constraints, t Applicant has elected to pursue the course set forth in 50.57(c) without conceding any of its rights.

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5 requests issuance of a license authorizing Applicant, with respect to McGuire Unit 1, to (i) load fuel, (ii) proceed to initial criticality, (iii) perform startup testing at zero power, and (iv) operate, for testing purposes only, at reactor core power levels not in excess of five percent of its rated power (i.e., 171 megawatts thermal).5/

In order to be entitled to a low-power license encom-passing the activities herein requested, the Commission has stated that it is necessary to be in compliance with the fuel loading and low-power testing requirements specified in NUREG-0694, "TMI-Related Requirements for New Operating Licenses" (June, 1980). See NUREG-0694 at p. 9; see also 45 Fed. Reg.

Footnote 4/ continued 50.57Tc) instructs the presiding officer to "make findings on the matters specified in paragraph (a) of this section as to which there is a controversy, in the form of an initial decision with respect to the contested activity sought to be authorized." The Board's Initial Decision makes appropriate findings with regard to those matters in controversy which are referenced in 10 CFR 550.57(a);

however, none of the contested matters which were the.

subject of the Initial Decision have a bearing on the

" activity sought to be authorized." Therefore, this Board need only issue an order pursuant to 10 CFR 2.730(e) authorizing the Director of Nuclear Reactor Regulation to make appropriate findings. See 10 CFR 550.57(c).

5/ Applicant notes that low-power licensen encompassing ,

the activities herein requested have been recently issued to Secuoyah, North Anna 2, and Salem 2. See NUREG-0694 at p. 7.

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i 41738-40 (June 20, 1980). Applicant submits that it has complied with, or, prior to loading fuel, will comply with, the fuel loading and low-power testing requirements specified in NUREG-0694 at pp. 10-20. Accordingly, Applicant maintains that it is enitled to the requested relief.

On the basis of the above, Applicant strongly urges the Licensing Board to render a decision authorizing fuel loading, initial criticality, zero power physics testing and low power testing. Applicant also urges the Licensing Board, upon receipt of Intervenor and Staff responses, to expeditiously render its judgment. In this regard, we note that Intervenor and Staff have 10 and 15 days, respectively, to respond to the motion for a low-power operation license (10 CFR {2.730(c)).6/

Respectfully submitted,

/b _

~. Michael McGapry,

/DEBEVOISE&LIBERMANIIIf/

1200 Seventeenth Street, N.W.

Washington, D.C. 20036 Of Counsel:

William L. Porter Associate General Counsel Duke Power Company August 1, 1980 6/ Service of Intervenor and Staff has been by hand and thus the 5 days associated with service by mail (10 CFR 2.710) is not

, applicable.

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UNITED STATES OF AMERICA

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD h ggy 3 g e: & S d :e s!'

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in the Matter of )

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DUKE POWER COMPANY ) Docket Nos. 50-369

) 50-370 (William B. McGuire Nuclear )

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE 1

I hereby certify that copies of " Applicant's Motion for  !

License Authorizing Fuel Loading, Initial Criticality, Zero l Power Physics Testing and Low Power Testing" dated August 1, 1980 in the captioned matter, have been served upon the follow-ing by deposit in the United States mail this 1st day of August, l 1980. {

i Robert M. Lazo, Esq.

• Edward G. Ketchen, Esq.

Chairman, Atomic Safety and Counsel for NRC Regulatory Licensing Board Staff U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Dr. Emmeth A. Luebke Washington, D.C. 20555 Atomic Safety and Licensing )

Board William L. Porter, Esq.

U.S. Nuclear Regulatory Associate General Counsel Commission Duke Power Company 1 Washington, D.C. 20555 Post Office Box 2178 l Charlotte, North Carolina 28242  !

Dr. Cadet H. Hand, Jr. I Director Chairman l Bodega Marine Laboratory Atomic Safety and Licensing I of California Board Panel 4 Post Office Box 247 U.S. Nuclear Regulatory

, _ Bodega Bay, California 94923 Commission '

Washington, D.C. 20555

• Jesse L. Riley President Carolina Environmental Study Group 854 Henley Place Charlotte, North Carolina 28207 e

• Service has been by hand.

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1 Chairman, Atomic Safety Chase R. Stephens and Licensing Appeal Board Docketing and Service U.S. Nuclear Regulatory Section Commission Office of the Secretary Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 C./ l' -

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