ML20010C981

Statement of Issues for Commonwealth of PA Participation,Per ASLB 810727 Memorandum & Order.Particular Interest Shown in Contentions 5,7(D),11 & 21.Related Correspondence

ML20010C981
Person / Time
Site:	Susquehanna
Issue date:	08/19/1981
From:	Adler R PENNSYLVANIA, COMMONWEALTH OF
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20010C971	List: ML20010C970 ML20010C978 ML20010C981
References
NUDOCS 8108210331
Download: ML20010C981 (6)

Text

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s ItELATED CORRESPONDI'PIC

< Q UNITED STATES OF MERICA -

N, NUCLEAR REGUIA10RY C0fMISSION g BEFORE 11IE A1RILC SAFE 1Y AND LICEIGING BOARD 2 AU6 g- 19 798I+

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PENISYLVAtHA POWER & LIGilT 00. Ga . ea and .

ALLFDIENY ELECIRIC COOPERATIVE, Docket Nos. 50-387 INC. (Susquelvinna Steam Electric 50-388 Station, Units 1 and 2) -

l C0t4DIMEAL1110F PENIEYINAIHA'S STATEMEtif 0F POSITI0tG IMSED ON INFORMATION AVAILABLE AS OF AUGUST 10, 1981 _

I. IIHRODUCfl0N In its July 27, 1981 Mmorandun and Order, the Board directed the Connotrecalth "tc indicate at the next session the particular nutters--

s other than the issues already admitted--that it desires to participate on. This report responds to that request, and is divided into two parts. 'lhe first outlines the general nature of the role the Comnoruealth l has elected to play at this stage of the proceeding. '1he second part of this report etunerates those specific issues on which Pennsylvania ,

intends to participate.

II. QXHO'MiMIll110F PEtISYLVANIA'S GIM'RAL PIAN OF PARTICIPATION Failure to adopt a concrete position on some issues does not preclude active participation by Commnwealth attorneys with respect to all issues in the proceeding. 10 C.F.R. S2.715(c) allows the representatives of str Sencies:

a reanotvAle .;pportunity to participate and to int.roduce evidence, interrogate witnesses, and advise the Omnission without requiring the representative to take a position with 8108210331 d10010 PDR ADOCK 05000387 G PDR

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reapect to the issue. Such participants may abio file proposed findings and exceptions pursuant to 552.754 and 2.762 and petitions foc review by the Cannission pursuant to 52.786. ,

This general participation will take the following forms:

(1) Independent of the substantive issues involved in the proceeding, Pennsylvania's main interest is to help ensure that the Board's decisiens are made on the basis of a full, fair, and accurate record. 'Iherefore, Pennsylvania intends to introduce evidence in areas of state expertise, particularly in the area of energency planning, including evidence on issues on which Pennsylvania will not take a position.

(2) Pennsylvania will exercise freely its right to cross-examine witnesses in an effort to improve the quality and credibility of the record.

l (3) Pennsylvania reserves its right to take positions on critical l

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procedural issues. Again, tins posture e based on the Cannomealth's interest in the fai.rness and completeness of the record.

(4) 'Ihe intique status afforded to state agencies by 5274 of the

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Atanic Energy Act and 10 C.F.R. 52.715(c) enables Pennsylvania to reserve judgment on any question of fact or issue of law on which it currently elects not to adopt a position. Pransylvania hereby reserves its right to file proposed findings of fact and exceptions and to participate actively on appeal regardless of the position it a iopts on a particular Lssue at this stage of the proceeding.* Pennsylvania adopts this position due to its status as a representative of the public interest and its desire to reserve judgment regarding issues on which there currently exists insufficie:1t evidence to rendet a rational decision.

• See In re Gulf States Utilities Co. , AIAB-317,11 arch 4,1976, reprinteiTTnTIMilEG. TOE (iMl) S3E05J.02.

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III. SPECIFIC ISSUES A. Existity Contentions Although the Board dir ected the contornealth only to enumerate issues other than those already admitted, the Cormornealth wi.shes to note the following contentions in which it has a particular interest:

(1) Contention 5 - The Bureau of Radiation Protection conducts radiological nonitoring around nuclear facilities in Pennsylvania both during notmd operation and energency ciretnnstances. As such, the Connoncealth has an interest in ensuring the correct calculation of radiation doses to the public; (2) Contention 7(D) - The Coimonweedth is mare t's *his contention is currently subject to a notion for cunmary disposition. Although the Cormomeealth did not file a response to this notion, it believes that

-s disposition of the issue should include a satisfactory resolution of the partial failure to scram that occurred at Brown's Ferry. This issue was not addressed in Applicants' Motion for Sunmary Disposition; (3) Contention 11 - The Comnornmalth has a particular interest in l the low-level waste issue due to the state's responsibility for low-level i

l waste disposition under the 1m-Level Radioactive Waste Policy Act of l 1980.

(4) Ontention 21 - The Connornealth believes that this contention poses inportant safety concerns which nust be addressed fully at the hearby,.

As noted earlier, the Cannornealth intends to participate on all cent.cutions. The specific entuneration of contentions that are of partienlar interest to the Camonwealth inplies no waiver of the Camnwealth's rights undur 10 C.F.R. 52.715(c) with respect to all other issues in the proceeding.

B. Additional Issues

1. Enviromental Issues The Comnonwealth addressed environmental issues in is cmments on-.

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the Draft Environmental Statement on the Susquehanna Steam Electric Station. See Final Enviromental Statement Related 'to the Operation of Susquehanna Steam Electric Station, Units 1 and 2 (NUREG-0564), at B-50 to B-5-4. With one exception, these issues were all addressed in the FES. _

1he one exception relates to camients filed on Supplanent 2 to the Draft Environmental Statenent. Although these conments were not addressed in the FES, the NRC Staff has agreed orally to address these contients in writing. The Camonwealth views this as an open itan in' the environmental review which nust be satisfactorilr tesolved. The t key cannent of interest to the Cormonwealth is as *follows:

It appears as if the risks from the realistic assessment of design basis accidents is less than the risk from the realistic assessments of Class 9 accidents, with or without protective action. It is also apparent that the risk from Class 9 accidents is greater than the risk from nornni operation. Based on this somewhat .

anonnlous situation and coupled with the uncertainties which are attached to the assessment for Class 9 accidents, _it uxtid appear that further justification is necessary for the Staff to conclude that these accidents do not warrant additional study to determine whether public health ano safety is adequately protected. It should be noted that various rule making proceedings are currently in progress which should better quantify the risk fran these severe accidents and nny, in fact,

, lead to a requirement for additional safeguard equipment to decrease this risk.

The Cormotwealth expects, howevet, that all of its couments will be addressed by the Staff.

h Connornmalth will withdraw this issue upon satisfactory resolution L

l by the Staff.

2._ Safety Issues The Conm nwealth noted with concern the large number of open items in the Staff's Final Safety Evaluation Report (t0RFE-0776), at 1-8 to 1-13. In particular, the Connenwealth is concerned with irms of non-compliance with the requirenents of IURGE-0737, " Clarification of 'IMI Action Phn ReqW rements". Although many of these items are resolved I

in Supplanent 1 to the SER, and more may be restived in Supplanant 2, the Conmomealth das identified the following itais that are of particular c6ncern and must be satisfactorily resolved before plant operation. These item fall into two categories:

(a) The following itens apparently will remin open due to di.sagreenents between the Applicant and the Staff: -

(1) II.F.2 - Instrunentation For Detection of Inadequate Core Cooling; (2) II.K.3.13 - Separation of liigh-Pressure Coolant Injection and Reactor Core Isolation Cooling Systan Initiation Levels--Analysis and Implanentation; (3) II.K.3.21 - Restart of Core Spray and IePressure Coolant-Injection Systans; (4) III. A.l.1 - Upgrade Emergency Preparedness (also covered, in part, by Contention 20);

(5) II.A.L.2 - Iq, grade Emergency Supporc Facilities; (C, III.A.2 - Improving Licensee Dnergency Praparedness -

Inng Term.

With regard to Applicants' anergency facilities and the interface e

i betwecn the Applicant's and the Comnonwealth's emergency response organizations. The Comnonwealth will endeavor to resolve these issues through direct meetings with the Applicant wherever possible.

(b) The following items are open nuinly with regard to schedule of l

l compliance. Nevertheless, these items should-be resolved prior to plant i

I operat ion:

(1) II.K.3.18 - Modification of Autonntic Depressurization Systen logic--Feasibility For Increased Diversity For Some Event k Sequences:

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(2) II.B.3 - Post-Accident Sampling Capability; (3) II.K.3.15 - bbdify Break Detection logic to Prevent Spurious i

Isolation of High Pretsure Coolant Injection and Rea, x Core Isolation Cooling Systen;

-s (4) II.K.l.10 - Safety-Related System Operability Status Assurance; (3) II.K.l.5 - Assurance of Proper Engineered Safety Features l

Functioning; (6) II.K.3.27 - Provide Conmon Reference Level for Vessel Irvel Instrumentation; (7) II.F.1.3 - Containment High-Range Monitor.

i j 1he Cormntnmalth notes that the necessity and sufficiency of NUREG-0737 it ens miy be challenged in NRC licensing proceedings. In re Statement l of Poli _cy: Further Comnission Guidance For Power Reactor Operating Licenses, l CI 1-80-42, Deceiber 8, 1980, at 7-8. Absent such a clullenge, NUREG-0737 requiranents are tu be read along with existing regulations and must be enmplied with by +.he Applicant.

Respectfully sybmitted,

1. :k l. s ,

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ROBERT W. AD' R Assistant Counsel Comnonwalth df Pennsylvania