ML20005B190
| ML20005B190 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/01/1981 |
| From: | Adler R PENNSYLVANIA, COMMONWEALTH OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8107060444 | |
| Download: ML20005B190 (8) | |
Text
a PA 5/1/81 UNIED STATES OF AMERICA NUCLEAR REGULATORY QJtMSSION BEFORE THE ATOMIC SAFETI AND LICENSING BOARD g
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In the Matter of
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DOCKE7ED MerROPOUTAN EDISON 00TAIN,
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USnao 3I
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Docket No. 50-289 MAY_ 01981 >
51
('Ihree Mile Island Nuclear
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(Restart) h Officeof th Station, Unit ib.1)
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Dcdet M'Y.
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/g Cat 0NWEALTH OF PENNSYLVANIA'S MOTION 10 to RECEIVE WITNESSES ON NUREG-0680, SUPP.10. 3 AND " SAFE 1Y EVALUATION REPORTS FOR ITENS CONTAINED IN ENCEDSURE 1 TO NUREG-0737" Introduction Staff Exhibits 11, 12, and 14 were moved into evidence without the production of supporting witnesses.
The parties were given until May 1,'1981, to respond to this motion and to request the production of witnesses. The Connonwealth objects to the introduction of Staff Exhibits 12 and 14 unless the Staff produces witnesses who are able to answer all questions reasonably related to the items identified below.
It is important to bear in mind the appropriate standard to be used by the Board in passing on these motions. As the Chairman correctly noted during the April 28, 1981 hearing session, it is not in general permissible for a party to produce testimony without a sponsoring witness over the objection of an adversary party. The same standard should apply to Staff Exhibits 12 and 14.
'Ihe Comnorsealth is sympathetic to the Board's concern that scrre information contained in the Staff Exhibits merely reiterates prior Staff positions on issues that have already been litigated fully. Such issues should not became the subject of litigation at this late date. However, sO
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8107060444 8105067 PDR ADOCK 05000289 G
both Staff Exhibits 12 and 14 contain a significant number of new positions and, more importantly, changed positions, h standard for the production of witnesses, therefore, is clear. A witness should be required wherever a party identifies a new or changed Staff position on any material issue in the proceeding.
h Staff attempts to exclude certain issues from the scope of the proceeding by. identifying it ms that are "outside of the content of the Cocmission's Orders of August 9,1979 and March 6,1980 required by restart."1 Staff Ex. 12. This definition ignores completely the Board's consistent rulings that the scope of the proceeding extends to all areas with a reasonable nexus to the M -2 accident. See, e.g., First Special Prehearing Conference Order, at 14. Opportunity for cross-examination should be extended to all issues that have been ruled within the scope of this proceeding--not simply to items that are expressly contained in the Conmission's orders.
h Contonwealth does not object to any of the Staff exhibits for any other reason than to require the production of witnesses. As has been stated throughout the proceeding, the Cocronwealth's primary interest is to ensure a full and fair adjudication. The production of evidence without adversary cross-examination on disputed issues will produce a more complete but not necessarily a more reliable and probative record.
Consequently, the NRC rules of practice afford parties "the right to present such oral or documentary evidence and conduct such cross-examination as may be required for full and true disclosure of the facts." 10 C.F.R. 52.743 (1980). Therefore, the standard for granting requests for witnesses on the proposed Staff exhibits should be extremely light, essentially 1.
This classification is used primarily to justify the application of NUREG-0737 schedules to M -1.
h Staff has no authority to remove frcxn the jurisdiction of this Board itss that are properly within the scope of the proceeding. -.
consisting of a daronstration that the litigation will not be repetitive.
Areas of Proposed Cocmonwealth Cross-Examination A.
NUREG-0680, Supp. No. 3 1.
Short-term action la., Additional item 1.
% e Staff changed its position on whether independent power supplies will be required for the Condensate Wats Storage Tank low-low level alarms prior to restart. Although these alarms were not specifically included in the Comnission orders, EFW reliability has been a major subject of the proceeding as encompassed by Board Question 6.
2.
Short-term Order Itan 4, Gaseous Radwaste Treatment System (p.19)
%e information and review discussed in this section are completely new. 'P; suoject is covered directly by short-term item 4 and Board Question 8.
3.
Short-term Order Item 8,2 Itan 2.1.1, Emergency Power Supply Requirements (p. 24)
B e Staff appears to have changed the basis for its approval of Licensee's design for power supplies to the PORV, block valve, and pressurizer level instrumentation. Bis issue was the subject of UCS 5 and UCS 14.
4.
Itan 2.1.7a, Automatic Initiation of the Auxiliary l
Feedwater System for FWRs (p. 36) h e Staff reviewed new design information supplied by Licensee and approved a delayed implanentation schedule. Bis is the subject of Board Question 6 and a Table B-1 item.
5.
Itan 2.1.8.a, Improved Post-Accident Sanpling Capability (p. 39) he Staff r.wiewed information provided recently in Amendment 23 to 2.
All items centained in Table B-1 of NJREG-0578 are automatically incorporated. into the hearing by reference in short-term iten 8 and long-te:m item 3.,
the Restart Report. This is the subject of a Table B-1 item. h se subjects are also relevant to Licensee's onsite emergency response capabilities.
6.
It s 2.1.8.b, Increased Range of Radiation Monitors (p. 40)
There is continued ambiguity regarding the schedule for installation of these nonitors and the acceptability of interim measures. This is the subject of a Table B-1 ite, Sholly Contention 5, and ECNP Contention-ld.
7.
Item 2.1.9, Transient aad Accident Analysis (p. 43)
The Staff raises a number of new uncertainties and fails to explain the status of Staff review in the area of transient and accident analysis.
This is a Table B-1 its and the subject of Board Question 11.
The Staff still indicates no actual review of Licensee's ATOG program, Idth the exception of sch*Wg matters.
8.
Its 2.2.2.b, Onsite Technical Support Center (p. 47) h Staff concludes that Licensee has made reasonable progress towards completion of the long-term action. During the onsite energency 1
planning phase of the hearing, however, it was evident that there was disagrement between the Staff and the Licensee regarding coupliance tdth l
NUREG-0696. h Cocmonwealth does not request witnesses on this subject if the Staff intends to addrecs its position on NUREG-0696 compliance in the forthcoming emergency planning supplement.
Iong-Term Itens l
9.
Order Itan 3, Containment Pres we Indication (p. 51) h Staff approved an extended schedule for installation of this itan. This is a category B order itan and is of interest to the Cmmonwealth with regard to Licensee's energency response capabilities.
(estimated containment leak rate).
l t 1 -
10.
Contairment Water Ievel (p. 51)
The Staff has approved level indicators to a level of 90 inches rather than 10 feet. tb information has been provided regarding the levels of critical instruments above the lowest instrument levels. This was the subject of UCS 12 and is a Category B item.
- 11. Reactor Coolant Systm Venting (p. 52) h Staff approved delays in the installation of reactor coolant vents. h se vents were used to support the ability to use natural circulation to provide core heat r eaval. (UCS 1 and 2)
B.
Staff Exhibit 12 1.
II.B.4, Training for Mitigating Core Damage Tae Staff approved a delay in the impimentation of one position of the training program. -Operator training is the subject of short-term Order item 1(e) and Aamodt Contention 2.
2.
II.K.2.13, Thermal Mechanical Report h Staff extended dand1 h and analyzed recent BS1 analyses in this area. The effects of small break IDCAs is a generic issue in the proceeding and the subject of long-term its 2.
bbreover, the newly required Staff procedures regarding subcooling margins lead to questions regarding the use of subcooling margin as a criteria for HPI termination.
3.
II.K.2.14, Lift Frequency of PORV and Safety Valves h Staff should be required to define criteria for " adequate justification for not meeting this requirment." h performance of PORV and relief valves relates to UCS.1, 2, 5, 6, and 8.
4.
II.K.2.20, Small-Break Ioss-of Coolant Which Repressurizes the Reactor Coolant Syst s to the PORV Setpoint h discussion,in this section relates to ongoing Staff review of a BS1 submittal of August 21, 1979.
(It is not clear why this analysis -.
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ccmes at this late date.) Small break IOCA analysis is the subject of long-term its 2 and UCS 8.
5.
II.K 3.2, Report on Overall Safety Effect of PORV Isolation Syste
'Ihis review is of a Licensee submittal dated April 6,1981.
PORV and safety valve performance affects UCS 1, 2, 5, and 6, and is a generic issue regarding the ability to mitigate small break IDCAs.
6.
III.D.3.4, Control Room Habitability h Scaff should be required to define what is meant by
" adequate justification for relief from the requirments of this item."
Control room habitability is relevant to Licensee's mergency response capabilities.
Conclusion h Commnwealth feels that the above dmonstration that the identified itms relate to new information and Staff positions on material issues in the proceeding is sufficient to require the production of a witness. A more stringent standard muld require the parties, in effect, to give advance notice of specific areas of planned cross-enhtion.
'Ihe Cocmonwealth requests that witnesses be produced on the items identified above. Absent such relief, the Cocmonwealth objects to the introduction of Staff Exhibits 12 and 14.
Respectfully submitted, a
ROBERT W. ADLER Attorney for the Commnwealth.
UNIED STATES OF AMERICA NUCLEAR REGUIAIORY C0bMISSION BEFURE THE ATOMIC SAFEIY AND LICENSING BOARD In the lhtter of
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FEIROPOLITAN EDISON CWPANY,
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Docket No. 50-289 (Three Mile Island Nuclear
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(Restart)
Station, Unit No. 1)
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LEtanJ.CATE OF SERVICE I hereby certify that the attached "Ccxmurmulth of Pennsylvania's Motion to Receive Witnesses on NUREG-0680, Supp. No. 3 and ' Safety Evaluation Reports for Items Contained in Enclosure 1 to NUREG-0737'"
was served on the parties on the attached service list by deposit in the U.S. mail, first class postage prepaid, this 1st day of May,1981.
[
ROBERT W. ADLER Attorney for the Connormulth
.Ea UNITED STATE 3 CF AMERICA MXIIAR RELULAIORY (Itt4ISSION BEFORE THE AiO4IC SAFETY A*O LICE:SIIC BOARD In the Matter of
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FEIROPOLITAN EDISGI CRTAW,
)
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Docket No. 50-289
('Ihree Mile Island Nuclear
)
(Restart)
Station, thit No.1)
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SERVICE LIST George F. Trowbridge, Esquire Dr. Linda W. Little Shaw, Pittman, Potts & 1rowbridge Atociic Safety and Licensing Board Panel 1800 M Street, N.W.
5000 Hermitage Drive E shington, D.C. 20006 Raleigh, North Carolina 27612 Ms. Marjorie M. Aamodt Docketing and Service Section R.D. #5 office of the Secretary Coatesville, Pemsylvania 19320 U.S. Ibclear Regulatory enrission Ms. Holly S. Keck, Iag. Chaiman Anti-Ibclear Group Representing Ellyn R. Weiss York (AM2Y)
Sheldon, Harmn, Roisman & Weiss 245 W. Philadelphis Street 1725 I Street, N.W., Suite 506 York, Pennsylvan b 17404 Wshington, D.C. 20006 Ms. Frieda Berryhill, N4 man Karin P. Sheldon, Esquire (PA!E)
Coalition for Nuclear Power Sheldon Harron, Roisman & Weiss Plant Postpon m ent 1725 I Street, N.W., Suite 506 2610 Grendon Drive Eshington, D.C.
20006 Wilmington, Delaware 19808 James A. Tourtellotte, Esquire
!!r. Robert O. Pollard Office of the Executive Imgal Director 60911ontpelier Street U.S. Nuclear Regulatory en-rinsion Balti:: ore, Maryland 21218 Washington, DsC. 20555 W lter W. Cohen, Esquire John A. Imvin, Esquire Consumer Advocate Assistant Counsel Department of Justice Pennsylvania Pablic Utility Comission Strar. terry Square,14th Floor P.O. Box 3265 Harrisburg, Pennsylvania 17127 Harrisburg, Pemsylvania 17120 Dr. Qiauncey Kepford Robert L. Knupp, Esquire Judith H. Johnsrud Assistant Solicitor, County of Dauphin Enviromental Coalition on Nuclear P.O. Box P, 407 North Front Street Power Harrisburg, Pennsylvania 17108 433 Orlando Avenue
. State College, Pemsylvania 16801.
John E. Minnich, Chaiman Dauphin County Board of Cn unissioners Mr. Steven C. Sholly -
Daaphin County Courthouse Union of Concerned Scientists Front and Market Streets 1725 I Street, N.W., Suite 601 Harrisburg, Pemsylvania 17101 E shington, D.C.
20006 Joten D. (bnninglun, Esquire Attcmiey for l' terry Township Ms. Ia11se Bradford.
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- IMI Alert T.!LI. Steering Ccroittee 315 Peffer Street -
2320 North Second Street Harrisburg, Pennsylvania 17102 Harrisburg, Pemsylvania 17110 Ivan W. Smith, Esquire, chiman Marvin I. Imwis Atm:ic Safety and Licensing Board Panel 6504 Bradford Terrace
. U.S. thclear Regulatory Comission Philadelphia, Pennsylvania 19149 Washington, D.C. 20555 Jane Ime Dr. Walter H. Jordan R.D. 3, Box 3521 Atocic Safety and Licensing Board Panel Etters, Pemsylvania 17319 881 West Guter Drive Oak Ridge, Tennessee 37830 Thcras J. Germine, Esquire Deputy Attorney Geeral, Division of Law Room 316, 1100 Raymond Bculevard Newark, tiew Jersey 07102
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