ML19351F396

Order Granting Licensee & State of or 801224 Joint Motion to Reopen Record & Receive Stipulation & Other Documents & to Modify License Condition 2.C(12).Appeal Moot & Dismissed. Certificate of Svc Encl

ML19351F396
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	01/06/1981
From:	Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:	OREGON, STATE OF, PORTLAND GENERAL ELECTRIC CO.
References
ALAB-627, TAC-13152, NUDOCS 8101120502
Download: ML19351F396 (8)

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UNITED STATES OF AMERICA 8/g NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD 4

D Administrative Judges:

Alan S. Rosenthal, Chairman g

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Dr. John H. Buck Dr. W. Reed Johnson v

7 In the Matter of

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PORTLAND GENERAL ELECTRIC COMPANY,

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Docket No. 50-344 e_t al.

(Control Building)

(Trojan Nuclear Plant)

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Mr. Frank W. Ostrander, Jr.. Assistant Attorney General of Oregon, Portland, Oregon, for the State of Oregon.

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Messrs. Maurice Axelrad and Albert V. Carr, Jr.,

- - - Washington,-D.C., and Mr. Ronald W. Johnson, Portland, Oregon, for the licensee, Portland General Electric Company, et al.

7 Mr. Joseph R. Gray for the Nuclear Regulatory Commission staff.

MEMORANDUM AND ORDER i

January 6, 1981 (ALAB-627) i l

1.

Last July, the Licensing Board issued an initial t

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decision in which it authorized the modification'of the Trojan facility's control building to bring it into conformity with prevailing seismic requirements.

LBP-80-20, 12 NRC 77.

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, the addition of a license condition, identified in the decision as "2.C.11" but then incorporated into the Trojan operating, license l

as " 2.C. (12) ", the Board directed, inter alia, that the modifi-cation program be carried out in accordance with plans which the licensee had devised and introduced into evidence.

12 NRC at 112.

The condition further mandates that any " deviations or changes" from those plans be " accomplished in.accordance with the provisions of" 10 CFR 50.59.

Ibid.

2 Insofar as here relevant, that Section allows the holder of an operating license to make changes in the facility or procedures "as described in the safety analysis report" without obtaining prior Commission approval so long as neither an alteration of the technical specifications incorporated in the license nor an unreviewed safety question is involved.--2/

Such changes 1

must be reported to the Commission on an annual basis or at 3/

such shorter intervals as may be specified in the license.--

At least by implication, the initial decision thus rejected 4/

the assertion of the State of Oregon,--

embodied in its proposed 1/

As in the initial decision, the co-owners of the Trojan facility are collectively referred to herein as the

" licensee".

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Section 50.59 (a) (1).

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Section 50.59(b).

4/ oregon has participated in the' proceeding under the

" interested State" provisions of 10 CFR 2.715(c).

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. findings of fact, that the licensee should be required by license condition to report deviations or changes on an 5/

accelerated basis.--

Dissatisfied with this rejection, Oregon simultaneously both moved for reconsideration before 6/

the Licensing Board and appealed to us.

In an unpublished order entered on September 4, 1980, the motion was denied on the ground that the record did not establish a need for accelerated reporting of " minor changes or deviations under-taken pursuant to Saction 50.59".

Order, pp. 2-3.

Oregon thereupon moved forward with the appeal.

2.

On December 18, shortly after the briefing of the Oregon appeal had been completed, the licensee's counsel advised us that the parties had reached agreement on the matter in dispute and that that agreement was reflected in a stipulation.

On December 24, the stipulation -- duly executed by counsel for the licensee, the NRC staff and Oregon -- was transmitted to us.

In an accompanying joint motion, we were asked (1) to reopen the record to receive both the stipulation l

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More particularly, Oregon proposed that the deviation or change be reported either prior to its commencement or with-in 14 days after the licensee initially decided to implement I

it (depending on the nature of the deviation or change).

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In an unpublished July 28, 1980 order, we instructed the Board below to pass upon the reconsideration motion on the merits notwithstanding the pendency of the appeal.

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1 I and certain documents which had been previously furnished to 7/

us by the staff on November 24, 1980; and (2) to modify,

1 license condition 2.C. (12) to take account of the agreement.

i We grant the motion in its entirety.

Accordingly, the i

Director of the Office of Nuclear Reactor Regulation is l

directed to amend forthwith the introductory portion of

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condition 2.C. (12) in the Trojan operating license so as to read as follows:

I (12) Control Building Modifications.

The Licensee is authorized to and shall proceed with modifications to the Control Building in order to restore sub-l l

stantially the originally intended design margins.

The modification program shall be accomplished in accordance with PGE-1020, ' Report on Design Modi-l fications for the Trojan control Building", as revised through Revision No. 4, and as supplemented by PGE Exh. 27 (Licensee's Testimony ("Broehl, et al.") on Matters Other Than Structural Adequacy oT IUie Modified Complex, March 17, 1980).

Any deviations or changes from the foregoing documents shall be accomplished in accordance with the pro-visions of 10 CFR part 50.59.

Prior to completion of the modification ~, any reports under this con-dition required by 10 CFR 50.59(b) shall be made to the NRC for information in accordance with the following schedule:

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l (i)

Any deviations or changes which require or cause the Licensee to perform calculations to ensure compliance with 10 CFR 50.59'shall be reported prior to commencement of the deviations or changes.

7/ These documents were (1) an October 14, 1980 letter from J.L. Crews, Chief, Reactor Operations and Nuclear Support Branch, Office of Inspection and Enforcement, Region V, to the Portland General Electric Company; and (2) a September 25, 1980 internal Region V memorandum which was enclosed therewith.

. (ii)

All other deviations or changes shall be reported within fourteen (14) days after the Licensee initially decides to Unplement them.

(iii)

A copy of all reports submitted to the NRC pursuant to 10 CFR 50.59 shall be sent to the Office of Nuclear Reactor Regulation.

The Control Building modification program shall further be subject to the following:

Because the foregoing license amendment is fully dis-positive of the single. issue presented by the Oregon appeal as briefed, that appeal is now moot.

It is hereby dismissed on that ground.

It is so ORDERED.

FOR THE APPEAL BOARD b O ---%

A-4 C. J Bishop V

Secret ry to the Appeal Board l

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UNITED STATES OF AMERICA 5:..1 NUCLEAR REGULATORY C030 FISSION Q

I'n the Matter of

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PORTLAND GENERAL ELECTRIC COMPANY )

Docket No.(s)50-344SP 5h.

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(Trojan Nuclear Plant)

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CERTIFICATE OF SERVICE

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I Fereby certify that I have this day served the foregoing document (s) 331 upon each person designated on the official service list compiled by

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the Of fice of the Secretary of the Comission in this proceeding in 2?l accordance with the requirements of Section 2.712 of 10 CFR Part 2 -

s Rules of Practice, of the Nuclear Regulatory Comission's Rules and M

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Dated at Washington, D.C. this day of M n 1 t(h ( ) 198 k.

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r UNITED STAYi:S OF A!2RICA NUCLEAR REGt IAT0n't* CO:0!SSION In the Matter of

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PORTLAND GENERAL ELECTRIC COMPANY)

Docket No.(s)50-344SP

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(Trojan Nuclear Plant)

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SERVICE LIST Marshall E. Miller, Esq., Chairman William W. Kinsey, Esq.

iO Atemic Safety and Licensing Board Bonneville Power Ad=inistration I"

U.S. Nuclear Regulatory Commission 1002 N.E. Rolladay Street Washington, D.C.

20555 Portland, Oregon 9M z.;

Dr. Kenneth A. McCollom, Dean John H. Socolofshy, Esq.

Division of Engineering, Assistant Attorney Architecture & Technology 100 State Office Building Oklahoma State Utiiversity Salem, Oregon 97310 Stillwater, Oklahoma 74074 Ms. Elizabeth Scott

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Dr. Hugh C. Paxton Colu=bia Environmental Council 1229 41st Street P.O. Box 611 Los Ala cs, New Mexico 87544 St. Helens, Oregon 97051 Counsel for NRC Staff Mr. Eugene Rosolie Office of the Executive Legal Director Coalition for Safe Power i'

U.S. Nuclear Regulatory Commission 215 S.E. Ninth Street tiashington, D.C.

20555 Portland, Oregon 97214 Mr. David 3. McCoy Maurice Axelrad, Esq.

348 Hussey Lane Lowenstein, Newnan, Reis & Axelrad Grants Pass, Oregon 97526 1025 Connecticut Avenue, N.W.

L'ashington, Ir.C.

20036 Roland F. Banks, Jr., Esq.

W.A. Jerry North, Esq.

1100 S.W. Si::th Avenue Portland, Oregon 97204 Es 17arren Eastings, Esq.

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E Ronald ". Johnson, Esq.

l 121 S.W. Salmon Street Portland, Oregon 97204 I

Governor Office of the Geverner Salem, Oregen 97310 I

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t Icard and earties continued:

53-344S?

Alar. S. 3csanthe.l. Isq., Chairnan 1.tenic Safety and Licensinc Appeal 3 card U.S. !;uclear leculatory Cc=issien Washington, D.C.

20555 J:

Dr. John H. Buck E1 Ator.ic Safety and Licensing Appeal Board U.S. :;uclear Regulatory Co:cissica "ashington, D.C.

23555 Dr. U. Reed Johnson a

Atenic Safety and Licensing Appeal

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Board U.S. : uclear Regulatory Cc=issien Washington, D.C.

20555 Pertland General Electric Cenpany

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Mr. Charles Goodwin, Jr.

Assistant Vice President

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121 S.W. Salnen Street r,=

Portland, Oregon 97205

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i Mr. John A. Kullberg 15523 S.E. River Forest Drive t..

Portland, Oregon 97222 h.

Frank W. Ostrander,.Jr., Esq.

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Department of Justice

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500 Pacific Building P'

500 S.W. Yamhill Portland, Oregon 97204 g

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