ML20004C449

Response Opposing NRC Motion for Summary Disposition of Ba Bursey Contention 4b.Genuine Issue of Matl Fact Exists Re Appropriate Date to Require Continuance of Seismic Monitoring Activities.Affidavit of Svc Encl

ML20004C449
Person / Time
Site:	Summer
Issue date:	05/27/1981
From:	Ruoff J FAIRFIELD UNITED ACTION
To:	NRC COMMISSION (OCM)
Shared Package
ML20004C443	List: ML20004C442 ML20004C445 ML20004C447 ML20004C449
References
ISSUANCES-OL, NUDOCS 8106040075
Download: ML20004C449 (6)

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UNITED STATES OF AMERICA.

NUCLEAR REGULATORY COMMISSION In the Matter of: ).

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SOUTH CAROLINA ELECTRIC AND GAS } Docket No. 50-395 OL COMPANY, et al.

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.- Sumer Nuclear Station,

- May 27, 1981 g )

.INTERVENOR FUA'S RESPONSE IN OPPOSITION TO .

NRC STAFF MOTION FOR SUMARY DISPOSITION OF INTERVENOR BRETT'A..BURSEY'S CONTENTION 4b

~ Intervenor Fairfield. United Action (FUA) hereby opposes the NRC Staff Motic,.. for Summary Disposition of Intervenor Brett A. Bursey's Contention 4b:

The plans for monitoring site seismicity are inadequate in_ that they do not consider the. seismic effect of filling ~;

the reservoir. Monitoring of site seismicity should con-tinue through'1983.

Since the construction permit stage, the imp' acts of reservoir-induced seismicity on the safe operation of the Summer Station have been of considerable concern. Monitoring of that seismi.:ity has been carried  ;

out and continues. The Advisory Committee on Reactor Safeguards (ACRS) _;

i and its consultants reviewed that monitoring program. i In its March 18,1981,Mletter report stated. that "the Applicant f

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i. has, at NRC request, agreed to continue seismic monitoring for at least the next two years" (emphasis added). That would take the monitoring l

i program to at least March of 1983. The ACRS letter report further urges i l

N LNRC Staff Motion for Sumary Disposition, at p.16, erroneously l dates this letter report as March 18, 1980. l r ,

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l "that the Staff assure that the monitoring program is not halted pre-maturely" (Ibid., p. 2). The ACRS was apparently mistaken in its under-

. standing of the agreement reached between the Staff and the Applicant calling for monitoring only until the end of 1982 (Staff affidavit of

- William F. Kane on Contention 4(b); Safety Evaluation Report S 2.5.3).

However, a full reading of the ACRS letter indicates a concern about premature termination of the monitoring program and an understanding that that program would continue beyond the end of 1982.

Thus, as argued above and set forth in the attached Statement of Material Facts to Which There Is Genuine Issue To Be Heard, genuine issues of material fact exist regarding the appropriate date to which M minimally require continuance of seismic monitoring activities at  ;

. the Summer Station.

Therefore, Inter"enor FUA urges the Board to dismiss the NRC Staff Motion for Sumary Disposition of intervenor Bursey's Contention 4(b). ,

Respectfully submitted, John C. Ruoff, Ph. . i Authorized Representative i For Intervenor Fairfield United Action- -

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D UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: )-

SOUTH CAROLINA ELECTRIC AND GAS COMPANY, et al. Docket No. 50-395 OL (Virgil C. Summer Nuclear Station, ) May 27, 1981 Unit 1)

INTERVEN0R FUA'S STATEMENT OF MATERIAL FACTS TO WHICH'THERE IS GENUINE ISSUE TO BE HEARD REGARDING INTERVENOR BRETT A. BURSEY'S CONTENTION 4b

1. The Advisory Committee on Reactor Safeguards (ACRS), in its letter report of March 18, 1981, assumed that monitoring of the seismicity at 'the Summer Station site would continue at least into 1983.

2. The Staff analysis in the Safety Evaluation Report (SER) states that "there is no reason to believe that the largest earthquake induced by the Monticello Reservoir has already eccured . . . " (p. 20-3).

3. The ACRS consultants on seismicity commented during hearings in Columbia on February 26, 1981, that there was insufficient data available from the monitoring already conducted to confidently draw conclusions.

(ACRS, Subcomittee on Electric Power, Transcript, February 26, 1981, pp.

297-305.)

4. Seismic events at other reservoirs, such as Clark Hill Reservoir (8/2/74), Lake Jocassee (8/25/79), and Oraville, California, only occured ,.

several years after filling. ,

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5; There' is considerable justification to _ impose an absolute require-ment to continue. monitoring at.least through 1983.

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.l JE y l UNITED STATES OF AMERICA

' NUCLEAR REGULATORY COMMISSION i

i In the Matter of: )

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SOUTH CAROLINA ELECTRIC AND GAS ) Docket No. 50-395 OL-COMPANY, et al. )

)

' (Virgil C. Summer Nuclear. Station, ) May 27, 1981 Unit 1) )

)

AFFID'/IT OF SERVICE PERSONALLY appeared before me, John C. Ruoff, who duly affirmed that copies of INTERVEN0R FUA'S RESPONSE IN OPPOSITION TO NRC STAFF MOTION FOR

SUMMARY

DISPOSITION OF INTERVEN0R BRETT A. BURSEY'S CONTENTION 2, INTERVENOR FUA'S STATEMENT OF MATERIAL FACTS TO WHICH THERE IS GEN,UINE ISSUE TO BE HEARD RESPECTING INTERVENOR BRETT A. BURSEY'S CONTENTION 2, AFFIDAVIT OF JOHN C. RU0FF CONCERNING THE FINANCIAL QUALIFICATIONS OF THE APPLICANTS,1NTERVEN0R FUA'S RESPONSE IN OPPOSITION TO APPLICANTS' MOTION FOR

SUMMARY

DECISION ON INTERVEN0R BRETT A. BURSEY'S CONTENTION A10 REGARDING HEALTH EFFECTS, INTERVENOR FUA'S STATEMENT OF MATERIAL FACTS TO WHICH THERE IS GENUINE ISSUE TO BE HEARD RESPECTING INTERVENOR BRETT A. EURSEY'S CONTENTION A10, INTERVEN0R FUA'S RESPONSE IN OPPOSITION TO NRC STAFF MOTION FOR

SUMMARY

DISPOSITION OF INTERVEN0R BRETT A. BURSEY'S CONTENTION 4b, INTERVENOR FUA'S STATEMENT OF MATERIAL FACTS TO WHICH

.THERE IS GENUINE ISSUE TO BE HEARD REGARDING INTERVEN0R BRETT A. BURSEY'S CONTENTION 4b in the above-captioned matter were served upon the fal-lowing persons by deposit in the United States mail, first class postage prepaid, this 27th day of May,1981.

Herbert Grossman, Esq. Alan S. Rosenthal, Chairman Chairman, Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Panel Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Dr. Frank F. Hooper Mr. Gustave A. Linenberger School of Natural Resources Member, Atomic Safety and Licensing University of Michigan Board Panel Ann Arbor, MI 48109 U.S. Nuclear Regulatory Commission

• Washington, DC 20555 Chairperson, Atomic Safety and Li-censing Board Panel Mr. Brett Allen Bursey U.S. Nuclear Regulatory Commission Rt. 1, Box 93-C  :

Washington, DC 20555 Little Mountain, SC 29075 i

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-Steven C. Goldberg, Esq.

Mr. Chase R. Stevens Office of the Executive Legal Director Docketing and Service Section U.S. Nuclear Regulatory Comission

' Office of the Secretary U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 George Fischer

.Vice President & General Counsel. Joseph B. Knotts, Jr.

South Carolina Electric & Gas Co. Debevoise & Liberman P.O. Box 764 120017th St. NW Columbia, SC 29218 Washington, DC 20036 Randolph R. Mahan Richard P. Wilson Assistant Attorney General South Carolina Electric & Gas Co.

South Carolina Attorney General's P.O. Box 764 Columbia, SC 29218 Office P.O. Box 11549 c.

Columbia, SC 29211 hohnC.Ruoff Mb AFFIRMED and subscribed to before me this day -of b /Lu 1981..

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NbTARY-PUBLICFORSOUTHCAROLINA G~i3>

My Comission Expires: /h3!9O i

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