ML20024D739
| ML20024D739 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/04/1983 |
| From: | Chandler L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-OL, NUDOCS 8308080089 | |
| Download: ML20024D739 (10) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD
)
In the Matter of
)
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PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
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50-323 OL i
(Diablo Canyon Nuclear Power Plant )
i Units 1 and 2)
)
SUPPLEMENT TO NRC STAFF'S RESPONSE TO MOTIONS TO REOPEN THE RECORD ON CONSTRUCTION QUALITY ASSURANCE Lawrence J. Chandler Deputy Assistant Chief Hearing Counsel l
August 4, 1983 on3ICHATED ORIGI M
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power Plant )
Units 1 and 2)
)
SUPPLEMENT TO NRC STAFF'S RESPONSE TO MOTIONS TO REOPEN THE RECORD ON CONSTRUCTION QUALITY ASSURANCE Lawrence J. Chandler Deputy Assistant Chief Hearing Counsel August 4, 1983 m
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08/04/83 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power Plant )
Units 1and2)
)
SUPPLEMENT TO NRC STAFF'S RESPONSE TO MOTIONS TO RE0 PEN THE RECORD ON CONSTRUCTION QUALITY ASSURANCE I.
INTRODUCTION Pursuant to the opportunity provided by the Atomic Safety and Licensing Appeal Board (Appeal Board; Tr. 916), the NRC Staff (Staff) supplements its "... Response to Joint Intervenors' and Governor Deukmejian's Motions to Reopen the Record on Construction Quality Assurance," dated June 6, 1983 (Staff's Reponse) as discussed below.
II. BACKGROUND The background of this proceeding as it relates to the issue of construction quality assurance (CQA) in terms of both the factual setting and applicable legal standards regarding reopening the record was set forth in the Staff Response and need not be restated herein. Based on the hearing held from July 19-22, 1983, the Staff affirms the position stated in the Staff's Response that both the Joint Intervenors and the Governor have failed to establish that the information on which their motions are predicated presents matters of "' major significance to plant
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safety' (ALAB-124, RAI-73-5 [6 AEC 358 at 365)," Vermont Yankee Nuclear Power Corporation (Vermont Yankee Nuclear Power Plant), ALAB-138, 6 AEC 520, 523 (1973), and that consideration of such information would have materially affected the outcome of the original decision. Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-728, 17 NRC (Slip op. at 34, n.66, May 18, 1983),
citing Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and ), ALAB-598, 11 NRC 876, 879 (1980); Kansas Gas and Electric Company (Wolf Creek Generating Station, Unit 1), ALAB-462, 7 NRC 320, 338 (1978).
III. DISCUSSION At the hearing testimony was presented on behalf of the Governor by his consultant Richard B. Hubbard (Tr.11-206) and by Virgil H. Tennyson, former quality control manager for H. P. Foley Company, a contractor at
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the Diablo Canyon site (Tr. 209-356).
The testimony of Mr. Hubbard is most illuminating in determining the weight to be given to his several affidavits and declarations on which both of the Motions to Reopen rely in major part. Mr. Hubbard, in light of his limited education and experience in quality assurance matters, most notably in the area of CQA (Tr. 15-69), was found to be only marginally-qualified as an expert (Tr. 74). Significantly, other than reviewing some of the implementing procedures for design, Mr. Hubbard has no personal familiarity with the implementing procedures for Diablo Canyon construction QA program (Tr. 41). Accordingly, his views and opinions on CQA at Diablo Canyon are at best of limited probative value.
Mr. Hubbard acknowledged that the mere issuance of a notice of violation by the NRC does not detract from a finding that 10 C.F.R Part 50, Appendix B is being complied with (Tr. 175-176) and that isolated failures to comply with a particular portion of a QA program or the requirements of Appendix B do not generally reflect a breakdown of a QA program (Tr.177).
Important in deciding whether there is a breakdown in QA is judgment, experience and the corrective action taken once the departure from a requirement has been established (Id_.). As noted above, Mr. Hubbard generally lacks the experience necessary to apply the judgment needed to make such determination.
Indeed, other than Mr. Hubbard's unsupported opinion (Tr.182), neither the Governor nor the Joint Intervenors has established a basis in the record for finding that there has been a pattern of breakdown in CQA.
Also conspicuously absent from Mr. Hubbard's testimony (as well as from his prior affidavits and declaration) is any support from the proposition that any of the information he asserts is of " major significance to plant safety." Vermont Yankee, supra. Thus, even to the extent there may be found to exist departures from the CQA program and/or procedures, they have not been shown to be widespread and do not detract from the initial finding by the Licensing Board that PG&E's CQA program was adequate, LBP-81-21, 14 NRC 107, 116 (1981) and the Staff's conclusion that, overall " site construction QA/QC programs implemented throughout construction of the project were and continue to be adequate to assure that construction was substantially completed in accordance with design documents." Affidavit
of Bobby H. Faulkenberry, dated June 6,1983 at 1, ' attached to Staff's Response.
The testimony of Virgil H. Tennyson, similarly does not detract from the foregoing determinations. The principal areas on which Mr. Tennyson's testimony at the hearing focused were the so-called " red tag" issue, the allegation of undue pressure from production personnel, the effects of long work hours on both the quality of work and inspection, and the qualification of welders and inspectors. With respect to " red tags,"
Mr. Tennyson's testimony is ambiguous at best, and is largely based on speculation insofar as the incident under discussion - removal of red tags in the fuel handling building - was concerned. Mr. Tennyson has essentially no knowledge of the specific red tags, not having reviewed the ones he found in his office in early 1983 (Tr. 246, 258, 268, 327-328). And he has no personnel knowledge of the disposition of the nonconformances which required the specific red tags in question in the firstinstance(Tr. 248,250-251,270-272).
The allegation concerning undue production pressure similarly is not borne out. What is evident, though, is that Mr. Tennyson was urged to hire more inspectors so that appropriate procedures could be followed in a more expeditious manner (Tr. 297,306-307,352); indeed, such
" pressure" is not unusual in production work (Tr. 353-354) in general.
It was not suggested that proper procedures be ignored or departed from in order to allow work to progress (Tr. 297,306-309,351,352).
Regarding the qualification of inspectors, it is clear that Mr. Tennyson urged adherence to the provisions of ANSI N.45.2.6 (Tr.
214-215). Nevertheless, it is also clear that Foley had and applied
... -... - procedures for qualifying inspectors for years (Tr. 292-293). No deficiency in the procedures in fact employed was identified (See, Tr.288). Similarly, with respect to the qualification of welders, Mr. Tennyson does no more than speculate that recent welding problems are likely the result of inadequate indoctrination in applicable procedures (Tr.254).
Insofar as the effects of long work hours, the record does not establish any causal relationship between such hours as were in fact worked and a decline in the overall quality of work or inspection.
As a general matter, Mr. Tennyson is satisfied that all matters within his area of responsibility throughout his tenure with the Foley Company were properly accomplished (Tr. 277,341).
Taking into consideration the testimony of both Mr. Hubbard and Mr.
Tennyson, in addition to their previously filed affidavits, declaration and sworn statements, previously addressed in the Staff's Response, both the Joint Intervenors and the Governor have failed to sustain the heavy burden they bear to establish that there exists a matter of " major significance to plant safety," Vermont Yankee, supra, such that a different result would likely have been reached in the decision below on this issue. Wolf Creek, supra.
In large measure, the information submitted is comprised of nothing more than bare allegations which are simply insufficient to warrant reopening the record. Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2),
CLI-81-5, 13 NRC 361, 363 (1983).
6-i IV. CONCLUSION For the foregoing reasons, the Staff affirms its conclusion, stateci in the Staff's Reponse, that the Motions to Reopen the Record on Construction Quality Assurance should be denied.
Respectfully submitted, Lawrence J. Chandler Deputy Assistant Chief Hearing Counsel Dated at Bethesda, Maryland this 4th day of August 1983 1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY C0PfilSSION
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
PACIFIC GAS AND ELECTRIC COMPANY
)
Docket Nos. 50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power Plant )
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " SUPPLEMENT TO NRC STAFF'S RESPONSE TO MOTIONS TO RE0 PEN THE RECORD ON CONSTRUCTION QUALITY ASSURANCE" in the above-captioned proceeding has been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Comission's internal mail system, this 4th day of August 1983:
Dr. John H. Buck Dr. Jerry Kline Atomic Safety and Licensing Appeal Administrative Judge Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555*
Washington, DC 20555
- Dr. W. Reed Johnson Philip A. Crane, Jr., Esq.
Atomic Safety and Licensing Appeal Pacific Gas and Electric Company Board P.O. Box 7442 U.S. Nuclear Regulatory Comission San Francisco, CA 94120 Washington, DC 20555*-
Mr. Frederick Eissler i
Thomas S. Moore, Esq., Chairman Scenic Shoreline Preservation Atomic Safety and Licensing Appeal Conference, Inc.
Board 4623 More Mesa Drive U.S. Nuclear Regulatory Comission Santa Barbara, CA 93105 l
Washington, DC 20555*'
Mrs. Raye Fleming John F. Wolf, Esq.
1920 Mattie Road Administrative Judge Shell Beach, CA 93449 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Richard E. Blankenburg, Co-publisher Wayne A. Soroyan, News Reporter Washington, DC 20555
- South County Publishing Company Mr. Glenn 0. Bright P.O. Box 460 Administrative Judge Arroyo Grande, CA 93420 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Comission Michael J. Strumwasser, Esq.
Susan L. Durbin, Esq.
Washington, DC 20555
- Peter H. Kaufman, Esq.
Elizabeth Apfelberg 3580 Wilshire Blvd., Suite 600 1415 Cozadero Los Angeles, CA 90010 San Luis Obispo, CA 93401 i
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Mr. Gordon Silver Harry M. Willis Mrs. Sandra A. Silver Seymour & Willis 1760 Alisal Street 601 California St., Suite 2100 San Luis Obispo, CA 93401 San Francisco, CA 94108 Joel R. Reynolds, Esq.
Janice E. Kerr, Esq.
John R. Phillips, Esq.
Lawrence Q. Garcia, Esq.
Center for Law in the Public 350 McAllister Street Interest San Francisco, CA 94102 10951 West Pico Boulevard Third Floor Los Angeles, CA 90064 Mr. James 0. Schuyler Nuclear Projects Engineer Arthur C. Gehr, Esq.
Pacific Gas and Electric Company Snell & Wilmer 77 Beale Street 3100 Valley Center San Francisco, CA 94106 Phoenix, AR 85073 Mark Gottlieb Paul C. Valentine, Esq.
California Energy Comission 321 Lytton Avenue MS-18 Palo Alto, CA 94302 1111 Howe Avenue Sacramento, CA 95825 Bruce Norton, Esq.
Atomic Safety and Licensing Board Norton, Burke, Berry & French, P.C.
U.S.- Nuclear Regulatory Comission 2002 E. Osborn Road Washington, DC 20555
- P. O. Box 10569 Phoenix, AZ 85064 i
David S. Fleischaker, Esq.
Atomic Safety and Licensing Appeal P.O. Box 1178 Board Oklahoma City, OK 73101 U.S. Nuclear Regulatory Comission Washington, DC 20555
- Richard B. Hubbard Docketing and Service Section MHB Technical Associates U.S. Nuclear Regulatory Comission 1723 Hamilton Avenue - Suite K Washington, DC 20555
- San Jose, CA 95125 John Marrs, Managing Editor Mr. Thomas H. Harris, Energy Writer San Luis Obispo County San Jose Mercury News l
Telegram-Tribune 750 Ridder Park Drive 1321 Johnson Avenue San Jose, CA 95190 P.O. Box 112 San Luis Obispo, CA 93406 Maurice Axelrad, Esq.
l Lowenstein, Newman, Reis and Axelrad 1025 Connecticut Avenue., N.W.
Washington, D.C.
20036 Lawrence J. Chancler Deputy Assistant Chief Hearing Counsel
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