ML20004C856
| ML20004C856 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/01/1981 |
| From: | Lewis M AFFILIATION NOT ASSIGNED |
| To: | |
| References | |
| NUDOCS 8106050534 | |
| Download: ML20004C856 (6) | |
Text
.
1 LEWIS 6/1/81.
UNITED STATES OF AMERICA NUCLEAR REGULATCRY COMMISSION.
3EFORE THE ATOMIC SA??TY AND LICENSING 30ARD In the matter of
/'M
' l ' + x METROPOLITAN EDISON CCMPANY Docket No. 50-289 W
'U (Three Y.ile Island Nuclear (Restart) e k
3 5 Y<b
$\\. h.y Station No. 1)
)
D:
- b40gf e M
^s
- '/
/
/.-
E N' INTERVENOR LI?/IS's PRCPOSED FINDINGS CF FACT AND CONCLUSION OF LAW ON TNE LEWIS CONTENTION (?ILTERS) AND RELATED FINDINGS OF FACT.
,e***
S DCCY223 V
e-
-' - * :~'ti'?] '~,
' i. '..-
'. C:ati;3 s./
/p
,'c' me i
3 950 s
el/
8106050N#/~'
e
e --
I INTRODUCTION AND BACKGRCUND.
A. Commission Crders.
- 1. The Board used its discretionary powers to investigate many areas not specifically orderred to investigate by the August 9,1979 Commission Crder and notice of hearing. Cne such area was the Lewis Contention on filters.
The Board ruled that Mr Lewis had not shown standing in the proceeding and therefore dismissed most of Mr L*wis's contentions.
However, as a matter of discretion, the 3oard did allow Mr Lewis to intervene solely with respect to his contention of the adequacy of the TMI!1 filter system for radioactive effluents--
a contention not advanced by any other party.
- 3. Interest.
- 2. Mr Lewis petitioned for intervenor status. He declared tnat his interest was his own life. The Board presumed this meant the pro tection of his own life. He supported his interest by pointing out th*t Wash 740," Theoretical ?ossibilities
~
and Consequences of Major Accidents in Large Nuc1 ear Power plants",
described a possible accident that could cause his death in Philadelphia 150 KM away from TMI#1. He also pointed out that
.his interest was specific to him in that he referred,only to his own life.
- 3. Subsequently the Commission has issued many orders referring,
to Class 9 accidents such as.
included in the Wash 740 report.
Due to the NRC's new policy on including certain Class 9 l
accidents in Licensing proceedings, we cannot now continuw to deny Mr Lewis full intervenor status. Mr Lewis is herewith granted full intervenor status. He is directed to peition within 15 days of the final order for any relief that he requires to alleviate any harm that might have been caused him l
ar the record by the 3 card's previous denial of full intervenor status.
C. Effect of 31as.
l 4
There are many biases that humans are subjected to and are part of being human. However, Biases that can do damage to the record of this Hearing are a concern to this Board. The 3 card is particiarly concerned with improper bias on the part of the staff. An inkling of tus bias was suggested and answered in ou,r Memoranfum of April 24,1980.
Subsequently, other W
2.
b
- cvidonce of the staff's impropor bias became evident to tho 3 card.
- 5. The staff's improper bias appears wideppread. In the matter of Florida Power.and Lifht Comnany, (St Lucie Nuclear Iower flaatNo2) ALA3 335 Decision June 29, 1976 The staff mislead.
the iniervenors and the L1 censing Board.
]
- 6. Staff lawyers have presented
. witnesses specifically to " frustrate a fair MI?A review."
In the matter of uuke Power Comtany,( Amendment to Materials License SNM 1773 for Uconee Nuclear Station Spent Fuel Trans[rstation and Storage at Maguire Nuclear Station)
Docket No 70-2623 Initial Decision Oct 31, 1980.
- 7. This Board will not be frustrated in a fair review of any point,and this Board will not be mislead. To ensure that the staff does not mislead this Board and-does not frustrate a
fair review, the testimony of thr staff's.Witneases-will.b2 judged very harshly. Similar restraints will be placed on Mr Tourte110te's submissions so that he may not have the oppurtunfy tofrustrate a fair review as happened at'the Oconee Intial Decision.
This is especially pertinent as Mr Tourte11otte was the staff lawyer at Oconne as well as the present hearings.
D.HIGH EFFICIENCY PARTICULA'.'E AIR FILTERS. (HEPA) 8.
HI?A filters were not extensively discussed 'in the direct nr cross-examinstions. The Board therefore makes no rulings on the HI?A part of the filters speciIically.
3.
Vent Header.
- 9. The vent header is -
a manifold and associated piping that gaseous effluents are routed through.
10.
l'he vent header d'id leak at TMI#2 during the accident on 3-29-79.
The Licensee has embarked upon a program of leak reduction. Tr. 9936(3arley)
- 11. The board rules that the leak reduction program be formalized as a Technical Specifiestion.
l l
l l
l t
1 I
l 3.
- 12. The 3oard finds that the make-up systemt,which includes a vent header, is used to transport hydrogen in a TMI!2 type scenario out of the reactor coolin5 system and into the make-up tank. Tr.9952 (3arley)and Tr.9919 at 4
- 17. The venting. of hydrogen and the equipment used in the venting of hydrogen are concerns of the coard.
As l
t hydrogen venting was and is a major concern in the accident at TMI#2, the 3oard rules that the vent header must be safety grade to ensure the operability of equipment that san be valled upon to vent hydrogen during an accident.
Tr. 9952 (3arley) "With the hydrogen within the reactor coolant system, there was every intent to remove hydrogen from the system, and one of the mechanisms used was to transport it to t he makeup tank."
- 12. The staff shall study the makeup system referred to j
by #itness 3arley, and designate that all associated equipment that will be used to move hydrogen in a TMI!2 accident be
~
safety grade.
F. Charcoal.
15.
The Board finds that there is no reason to believe that future loads of charcoal will not be degraded by conditions at TMI#1.any less and perhaps more than past loads of charcoal.
16.
Norma 1 ' maintenance includes painting. There-f ore normal maintenance can expose charcoal to paint fumes that will degrade the charcaol's efficiency for iodine removal.This finding is in direct contradiction to theStaffjitness.Tr.9978(stoddart)
"The plants that I have seen under cnstruction have placed the charcoal after every possible exposure to such - fumes k's occurred."
(See para 7 above for our rationale for judging tu tesiimony harshly.)
17.
The Board rules that testing of charcoal efficiency be carried out every 18 months or at refueling shutdown, whichever c(es first. The Board further rules that the charcoal testing be incorpogated *%*
a Technical Specification prior to restart.
This ruling is in answer to the staff admission.
Tr. 9965 (Stoddart) "we do have a Regulatory Guide 1.140 which recommends that filters and absorbers be tested at 18 month intervals,.
-but does not reduire that testing."
- 18. She Board-is not impressed with the changing numbers on the efficien.cy of iodine retention on charcHaf.
'U L.
- 19. We find that.the iodino removal officiency reported on the Licensee's Testimony is contradictory. The 3 card adopts the values of 56% to 69.59 as indicative of the charcoal efficiency at TMI#2. We also note that ether numbers are tendentious.
Tr.9919 at 5 I:s'chner et al.
20.The30ardappselates.j{itnessI:schnerattemptsatmeteorology.
His answers to the questions put to him were correct only as far as he answered. 'lany answers lef t out pertinent points.
- a. TMI is an Island situated on water. Therefore, the relative humidity will be higher than it isrecorded on dry land as at the harrisburg airport.Tr. 9930 (?eletier)
- b. ^1though air is heated as it enters a building in the winter, it will be slightly cooled as it enters a shady bufding inthe summer.Tr. 9931 (Itschner)
- c. Pennsylvania is not a desert state. The average relative humidity is well above 30% especially i'n the middle of a river.
- 21. The Board disregards Witness Ischner and Witness Peletier's attempts at quantifting the relative humidity as seen by the charcoal filters.
e l
l l
l l
i
T. %u-e -
ee-.4,,
...na. a t:ce and correct conv of
-e
..-s "IntervenorLewis'cInitialProposedFindin[3cfFactand wonclucions c' Law" wer.g.-gelygj C.d hts,e US% ail on,,o,j.
- Jun 1, 19S'..
- cc.w..u7:. A::n 2 r.SS cu
/
?
C^.
EI7:7 :- A-.:.cc art Y e,. =src 3CAa
..s,,
te !'at:c of
)
)
~
- 2 ?C?Cl:.AN CISCN 02'?A!.'t,
)
)
- ocks: lb. 50-289
( 1..ee P.'le Isled bclear
)
pastar:)
5:acim, thi: ;b.1)
)
SIIVIC '.
S'"
- Ce-se T. 2::stri: ige, Esqc. ire
- h I.'.nda W. I.i::la Shaw, ?i:::::rn, Potts & Scr-tridge A:=ic Safen ard lice. sing 3 card Panel 1500 M S:reet, N.W.
5000 Ee=i: age Drive Was;-d=gt::n, D.C. 20006
?.aleigh, Nc d Carolina 27612 g'. ; 6. ;c '*.M" ', '-'~
- ockat:L.g ed S.cvice Sec '. n
. % f g U.S. :Lclea ?agula=:f ("m-'< sic:T'f Office c: de Secretary 7-9
..p
~^
Washing: n, D.C. 20555
/N v9
~
+ MsuHolly S. Keck, I.ag. C.ai=an
. --y
-')
' ' ~ ~
Anti-ibclear Croup Fapresent'ng Illyn ?w Weiss Ycric (R@
Shelden. Ea=cn, his=an & W "
[g,
s.t".,
245 7. Fe.11adelphfa S cee:
1725 I Screet, N.W.
Sui:e 506
@g M--
Ycrk, ?cr.sylvania 17404 Washi=gt:n, D.C. 20006 r
'f Ms. 7:ieda 3 c:/ d". O.ai:=an Karin F. Sheld=n. Esqde GRE)
C:ali:i=n f : !belea: ?ck=
Shelden, Ea==n, ?de.m & Weiss -
'- "i
~"
Plan: Pesqv-m 1725 : Screet, N.W.. Sui:e 506 2510 Creden hive Wa.shington, D.C.
20006 W4' '
els.are 19808 y
~
u.
- James A. Tour:elles:e, T. squire M. Mbe: Q. ?cIlard Office of he %- :1ve legal Oirec:::
509 ltr.=elic Screet U.S. !M a-Fagulaccry "esica 3al ':cre, !".a..flani '""
Wa.shing: n, D.C.
20535 Wal:e W. Cchen, Esqde
".chs A. lavin, r@e C=s m Idvocate Assistan: Counsel
Deart:
- en: of Ju.s: ice
?e==.sylvaria Piolic U '.lig Cesica Seaste=y Scuare,14:h Floce
?.0. Scx 3265 Earrisburg, ?e::.sylvania 17127 Ea:risturg, ?c=.sylva:da 17120
%. C:au. cry Tspf=rd kbe: I. 7::.:=p, T4gde h".d H. Johnse.ui Assis:an: Solici:.=, Coung of tauphis
?.::vi :=m.al Coaliden en !bclea:
?.0. 3cx P, 407 !br.h T:=n: Scee:
? cue:
Ha=isburg, Pe::.sylv.n.'a 17108 433 Orla::do Ave':J.e S:a:e College, Fe:r.sylva-la 16801 John I. !"-M, CW- =n Caushin Ccung 3 card of C:c:.ssieners Mr. Steve C. Sholly Lau=r:in Cai:i:7 Cour:bcuse.
lhion of Conce:.ed Scian:ists Fr:n: ard Marka: Scee s 1725 I Scree:, N.W.. Sui:e 601 Earris':x=g, Pe:r.sylvarda 17101 Was:.f.g:=n, D.C.
20006 Jcr-:.an D. C.=.inghac, Isq:.1:e Ms. Iz:uise 3radford A: ::.ey for ::e.te:f Tese. ship 2'.'. Ale:
7.M.I. Stec'.cg t' --'- ee 215 ?effe Scee:
~220 :'c: = Sece:4 S=ee:
Harrisburg, Pec.sylva.ia 17102 Ea= isburg, ?e=.sylvania 17110
- Na: 'J.
Scii, Isq.: ire, C.ai:-an 2'ar.r:.n I 1s is A::c:ic Saft:y ard I.'.cesi.g 3 card Fanel 65C4 3:adf ::1 Tenace U.S.
Lclea: Pag 14:::7 C:cr-issi:n F-11ade'.phia, Pe=.sylvania 19149
- as
- .ing=n. D.C. 20535 Jane 14e
- %. Wal:e E.
- c-i m R.D. 3, Sex 3521 A:=:ic Safaq a=d 1.icesi.s; 3 card Panel In cs, Pe.sylvania 17319 SSI Wes: Ch:c N ive cak. Ridte, Ter.essee 37530 1-R o b e r t W.
Adler, Esquire
~
Michele -Spaub e, Escutre-505 Execrtive House-
'P6st Off' ice Box 2357 Harrisburg, Pennsvlvania 17120 P00R DEGE F
w