ML20024A708

Answer Opposing NRC 830531 Motion for Summary Disposition of Issue 13 Re Adequacy of Proposed Tubine Maint Program W/Turbine Missile Probability.Statement of Matl Fact & Certificate of Svc Encl.Related Correspondence

ML20024A708
Person / Time
Site:	Perry
Issue date:	06/15/1983
From:	Lodge T SUNFLOWER ALLIANCE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8306220080
Download: ML20024A708 (5)

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UNITED STATES OF AMERICA  ; JUN 17 tggp h=,;

NUCLEAR REGULATORY COMMISSIOB 9'*

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Before the Atomic Safety and Licensing Boa cpyggg,

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In the Matter of: )

CLEVELAND ELECTRIC ) Docket Nos.30-440 OL ILLUMINATING COMPANY, M. al. 50-441 OL

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(Perry Nuclear Power Plant, Units 1 and 2) )

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SUNFLOWER ALLIANCE'S MEMORANDUM CONTRA NRC STAFF'S MOTION FOR

SUMMARY

DISPOSITION OF ISSUE NO.13 9

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Now comes Sunflower Alliance, by and through counsel, and enters its '

opposition to the NRC's May 31 " Motion for Summary Disposition of Issue No.13".

l The Staff has failed to meet the standard necessary to remove this contention from trial to the Board. As set forth in the accompanying " Statement of Material Facts" (Attachment A), the Staff has acknowledged the virtual impossibility i

of computing probabilities of turbine missile damage at PNPP; it has prematurely brought its Motion,' before General Electric Corporation has submitted its analyses l

of the adequacy of Applicant's turbine maintenance program to prevent missiles; and the Staff has conclusorily stated that Applicant should have the first three ybars of operation of the reactor in which to revise its turbine maintenance program and l secure NRC approval.

Respecting the first point, the summary and undetailed assessment of probabilities in the SER Supplement, followed by the admission of their inadequacy, hardly demonstrates the nonexistence of genuine material fact issues for hearing.

Summary disposition is only authorized where the facts are quite clear, af ter being construed most heavily against the movant. Further adjudicatory examination of the Staff probability assessment is definitely warranted.

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N Clearly, the Staff has prematurely brought its Motion. The Staff is mt now in a position to verify the adequacy of the proposed turbine maintenance program from the standpoint of missile probability. The Staff admits in the SER that it has not even reviewed the manufacturer (General Electric's) data, an apparent precondition for such verification. Evidently, there remains a genuine issue of material fact in this instance.

As to the Staff's amenability to let CEI operate PNPP for three years before having to secure NRC approval of its revised turbine maintenance program, Sunflower questions the legal substance of the NRC's conclusion. The Staff cites a report where the Staff, "in general" is not aware of turbine rotor rupture from crack propagation within three years of startup. Then the Staff has by affidavit boot-strapped that and successive undocumented conclusions into " evidence" to " prove" the nonexistence of genuine material fact issues.

10 CFR $ 2.749(b) begins:

Affidavits shall set forth such facts as would be

, admissible in evidence and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

(emphasis supplied)

It is possible that the Staff's affiant is competent to testify to the matters at issue. But the Staff has failed to prove, by competent evidentiary means upon -

which this licensing panel may base its findings, that the three-year leeway period' is necessary or justified. What authority did the Affiant, and the Staff generally,

' rely upon in reaching this sweeping, undocumented conclusion? Without more, this licensing panel cannot determinatively rule that the Staff has resolved all issues in favor of public health and safety.

The standard to which the Staff's Motion must be held is extremely strict:

Even if no party opposes a motion for summary disposition, the movant's filings must establish -

the absence of a genuine issue of material fact.

Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2),

ALAB-443, 6 NRC 741, 753-54 (1981), cited with approval, Cleveland Electric Illuminating Co. (Perry Nuclear Power Plant, Units 1 and 2), ASLB

, Summary Disposition at 8 (January 31, 1983).

Page 2.

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t What is actually at issue here is whether the Board will simply approve the Staff's unembroidered SER findings, as the Affidavit accompanying the Staff's Motion adds no substance to the NRC's " Statement of Material Facts", but merely fulfills a 10 CFR $ 2.749 requirement. See Cleveland Electric Illuminating Co.

(Perry Nuclear Power Plant, Units 1 and 2), ASLB , Summary Disposition at 4-5 (January 31, 1983), where this Board discussed the hazards of accepting " unsupported staff statements".

WHEREFORE, Sunflower prays that the Staff's Motion be denied in every respect.

Md ~0 Terty J. Lo r

- Counsel for t nf lower liance 824 Nationa aik Bui ng

. Toledo, Ohio 3624 (419) 243-6251 CERTIFICATION I hereby certify that copies of the foregoing " Memorandum Contra" ',

were served by me via regu :ar U. S. Mail, postage prepaid, upon all parties on the below Service List this , T M. day of June,1983.

SERVICE LIST Peter B. Bloch, Esq., Chairman Donald T. Ezzone, Esq.

Administrative Judge Assistant Prosecuting Attorney ~

Atomic Safety and Licensing Board 105 Main Street U. S. Nuclear Regulatory Commission Lake County Administration Center Washington, DC 20555 Painesville, Ohio 44077 Dr. Jerry R. Kline Susan Hiatt Administrative Judge 8275 Munson Road Atomic Safety and Licensing Board Mentor, Ohio 44060 U. S. Nuclear Regulatory Commission Washington, DC 20555 e

Page '3.

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Mr. Glenn O. Bright John G. Cardinal, Esq.

Administrative Judge Prosecuting Attorney Atomic Safety and Licensing Board Ashtabula County Courthouse U. S. Nuclear Regulatory Commission Jefferson, Ohio 44047 Washington, DC 20555 Jay Silberg, Esq. James M. Cutchin IV, Esq.

Shaw, Pittman, Potts and Trowbridge Office of the Executive Legal Director 1800 M Street, NW U. S. Nuclear Regulatory Commission Washington, DC 20036 Washington, DC 20555 Atomic Safety and Licensing Docketing & Service Sectiori Board Panel Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington,- DC 20555 Washington, DC 20555 Atornic Safety and Licensing Appeal Board Panel U. S. Nuclear Regulatory Commission Washington, DC '20555 1 '

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Counsel fog uaflowe Alliance l

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ATTACHMENT A 1

i STATEMENT OF MATERIAL FACTS i

1. The Commission's Affiant, was John Schiffgen, " principal contributor to Section 3.5.1.3, Turbine Missiles [ sic], of Supplement No. 3.to the Safety

- Evaluation Report related to (PNPP]".

2. In the SER (NUREG-0887, Supp. No'. 3, April,1983), the following statement appears:

For these reasons (and because of inadequate data, controversial assumptions, and modeling difficulties),

in the evaluation of P4 , the staff gives credit for the product of the strike and damage difficulties of . . . .  !

10 ' for an unfavorably oriented turbine, and does not encourage calculations of them.

. Id. at 3-4. .

(emphasis supplied)

3. At Section 3.5.1.3.3 of the SER supplement, the following statement appears:

i The staff requires that relevant General Electric analyses be submitted to the staff for review and acceptance in order to verify the adequacy of the applicant's turbine -' , ,

maintenance program in terms of the probability of .

, generating turbine missiles. General Electric intends to j

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submit their analyses to the NRC for review by June 1983 [ sic].

Id. ~ at 3-9.

i. ' (emphasis supplied)

4. In the same Section, the following appears: ,

Concerning turbine generators, in general, the staff is not aware of any turbine rotor. rupture resulting from crack propagation . 3 . . that occurred within 3 years of 1- startup. Furthermore, within 3 years of startup, no cracks have been observed in a General Electric turbine I wheel with depths greater than one-half the critical crack depth calculated for that wheel. For these reasons,

-- the staff is allowing applicant up to 3 years from initiation of power output to propose a revised turbine maintenance

. program . . . and obtain NRC approval of this program.

Id. at 3-10.

Temphasis supplied) e 1

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Docket Nos. 50-443-OL 50-444-0L MEM0ilANDUM FOR: All Parties to the Seabrook OL Proceeding Secretary, Docketing and Service

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FROM: David R. Lewis, Esq.

Law Clerk to the Boar V

SUBJECT:

Addition to the Service List "7

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Please add the following to your service lists: ,

j Senator Gordon J. Humphrey

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U.S. Senate j Washington, D.C. 20510 3

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4 d? ~ Senator Gordon J. Humphrey 1 Pillsbury St.

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(Attn: Herb Boynton)

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