ML20032C242
| ML20032C242 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 11/06/1981 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8111090546 | |
| Download: ML20032C242 (15) | |
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UNION ELECTRIC COMPANY
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) DOCKET NO. STN 50-483-OL CALLOUAY UNIT NO. 1
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1 BEFORE THE sUNITED STATES 2
NUCLEAR REGULAT)RY COMMISSION O
3----
4 In the Matter of t 3
$ UNION ELECTRIC COMPANY Docket No.
STN 50-483 OL 6 CALLOWAY UNIT NO. 1 s
7------
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In the Offices of Alderson Reports.g Company 9
300 Virginia Avenue S. W.
Washington, D. C.
10 Friday, November 6, 1981 11 The telephone conference in the above-entitled 12 matter convened, pursuant to notice, at 10420 a.m..
13 BEFORE:
JAMES P. GLEASON, Chairman 15 GLENN 0.
BRIGHT, Member JERRY R. KLINE, Member 16 APPEARANCES 17 Og_tghtlf of the Applicant, Union __Elgetric ComcanIt 18 THOMAS BAXTER, Esq.
19 Shaw, Pittman, Potte C Trowbridge 1800 M Street, N.
v.
20 Washincton, D.
C.
21 JOSEPH E. BIRK, Esq.
Assistant to the General Counsel 22 Union Electric Company 1901 Gratiot Street 23 St. Louis, Missouri 63166 24 25
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ALDERSON REPORTING COMPANY. INC.
400 VIRGINIA AVE., S.W WASHINGTON. O C.20024 (202) 554 2345
1 2n.lehalf of tha Joint Interven2gs, coalition f2I 1h2_lHI1EEEE2E14_512E2n;1ggg_for 9af e 2
dnercy and C rudad_ A lliangg t 3
KENNEIH M. CHACKES, Esq.
Chakes and Hoaro 4
314 North Broadway St. Louis, Missouri 63102 5
2n behalf _of the Nugiggr_Eggg111grIJ 22213 signs 6
ROBERT G.
PERLIS, Esq.
7 Of fice of the Executive Legal Director Nuclear Regulatory Commission 8
Washington, D. C.
20555 9
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16 17 18 19 20 21 22 23 O
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ALDERSON REPORTING COMPANY,INC, 400 MAGINIA AVE. S W, WASHINGTON, O C. 20024 (202) 554 2345
177 t'-
1 EEoCEED1E22 2
CHAIRMAN GLEASONs This is Janes P. Gleason,
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3 Administrative Judge, and we are engaged in havino a 4 conference call to resolve certain preliminary matter prior 5 to hearino on the quality assurance issues,and the hearing 6 is to begin in St. Louis, Missouri, on November 17, 1981.
7 This proceeding is concerned with the application 8 of Union of Electric Company to operate a facilaity at its 9 Calloway Plant in Calloway County, Missouri, near Jefferson 10 Cit y.
11 I would like at this point to have all the parties 12 iden tif y themselves for the transcript, and we will do it in 13 the folinwinc order:
The Judges first, the Applicant, the 14 Joint In terveno rs, snd then the staf f, please.
15 As I indicsted this is James P. Clemson, Chairman 16 of the Atomic Safety and Licensing Board which has been 17 convened to hear this proceeding.
18 JULGE KLINFs I am Jerry Kline, member of the 19 boa rd.
20 JUDGE BRIGHT:
I am Glenn Bright, member of the 21 bo a rd.
22 CHAIRMAN GLEASON:
For the Applicant.
23 MR. BAXTER:
For the Applicant, Thomas A. Baxter, 24 and with me is Joseph E. Birk.
25 CHAIEMAN GLEASONS For the Joint Intervenore.
O ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE S W, WASHINGTON. D.C. 20024(202) 554 2345
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178 1
MB. CHACKES:
For Joint Intervenors, I am Kenneth
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2 Chsckes.
3 CH%IRMAN GLEASON:
For the NRC staff.
4 MR. PERLISs I am Robert Perlis.
5 CHAIRMAN'GLEASON:
The Board has had several 6 meeting concerned with Motions for Summary Disposition which 7 have been filed by the Applicant and the staff, and 8 responses to which were received from the Joint Intervences 9 on November the 3rd, this week.
10 In view of the requirement to submit testimony and 11 supply the names and qualifications of witnesses, and the 12 necessity to prepare adequately for the hea rino, this 13 conference call is being utilized to communicate the 14 decisions of the Board with respect to those motions.
We 15 expect, hopefully, tha t the reasons for our decisions will 16 be communicated to all of the parties to the proceeding some 17 time next week.
18 With respect to the Motions for Summary 19 Disposition, the Board grants the Applicant 's Motion for 20 Summary Disposition of Contention enumerated 1B, tnd the 21 staff's Motion for Summary Disposition of the sa'.e 22 contention, both of which are contentions concerned with 23 concrete cracks, cracks in the cavity moat area, and th e 24 contention has been d.esigned as 1B-1, and concrete cracks in 25 the north wall, which is designed as 19-2.
O ALDERSoN REPORTING COMPANY. INC.
400 VIRGINIA AVE S.W., WASHINGTON. 0.C. 20024 (202) 554 2345
179 1
Secondly, the Board grants the App 11 cant's Motion 2 and the staff's I;otion for Summary Disposition of
/
3 contentions concerned with concrete coverage of reinforcing 4 bars.
That contention genera 11y is designated as 1-D, D for 5 David.
6 Third, the Board denies the Motions for Summary 7 Disposition of the Applicant and the NRC staff of Joint 8 Intervenorr' Contantion concerned with SA35 A piping, which 9 is designed s 2-A-1.
10 Fit-17, the Board denies the Motion for Summary 11 Disposition o.
he staff of the Joint Intervenors' 12 contention con. cned with imbedded plates, which is 13 designa ted a s 1-A.
O 24 A11 of the Motions thet are grented are oranted.
15 of course, because in the judgment of the Board the 16 contentions do not involve a genuine issue of a material' 17 f act to be litigated.
In the case of the Motions denied, 18 such issues in the opinion of the Board do exist.
19 Is there any question, and ! think we ought to 20 sta rt in the order that people identified themselves.
Is 21 there any question with respect to the Board's decision in 22 connection with those motions?
L3 MB. BAXTER:
The Applicant has no questions.
24 MR. CHACKES:
The Joint Intervenors have no O
25 questions.
ALDERSoN REPORTING COMPANY. INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
180 O
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1 MR. PERLIS:
The staff has no questions.
2 CHAIRMAN GLEASON:
In light of that, the Applican t
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3 will b'e transmitting his testimony on the remaining 4 contentions sometime today; is that correct, Mr. Eaxter?
5 MR. BAXTER:
That is correct.
6 CHAIRMAN CLEASON:
I would ask if you would send 7 those air sail dispatch, or the quickest way that you 8 could.
9 What about the staff?
10 MR. PERLIS:
The staff will be submitting 11 testimony today.
12 CHAIRMAN GLEASON:
As well as your witnesses and 13 their background; is that correct?
14 MR. PERLISs That is correct.
15 CHAIRMAN GLEASONs If you would hang on a minute, 16 please.
17 The Board has nothing further to discuss with the 18 parties.
Is there anythino else that any of the parties 19 wish to bring up?
20 MR. FERLIS:
Mr. Chairman, I should have brought 21 this out, the staff will be filing testimony on all issues 22 today with the exception of the honeycomb in the reactor 23 dome, which is the single aspect of cc'struction defect in 24 which the staf f 's review has not been Lnally concluded.
O 25
'de do plan to file testimony on that issue in the O
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
181 (3
U 1 nea r future, sometime during the hearing in St. Louis, and 2 ve will of f er all the partie at that time additional time to 3 review the testimony.
4 I believe that there will be ample time in the 5 existing hearing schedule, without delay, for the witnesses 6 to be presented and examined on the dome sometime in 7 December.
That testimony will not be in today.
8 CHAIRMAN GLEASON Co you have an approximate time 9 for submitting that testimony?
10 MR. PERLIS4 Hopefully, we will have a greater 11 understanding of this matter soretime early next week.
12 CHAIRMAN GLEASON:
All right.
13 Mr. Baxter.
14 MR. BAXTER:
We will be #iling testimony on that 15 issue today, Mr. Chairman, but in light of the staff's 16 position, I would propose that my witnesses not appear until 17 t he last item on the agenda for this phase of the hearino, 18 because I snticipate that the Board and the Intervenors will 19 probably prefer to have the staff's testimony in hand when 20 th e Applicant's witnesses appear.
21 CHAIRMAN GLEASON4 Mr. Baxter, do you have a 22 proposed ordering of the contention as a way you would like 23 to proceed with, and that you could disclose to us at this 24 point?
O 25 MR. BAXTER:
Yes, I can.
I am coing to have it O
ALDERSON REPORTING COMPANY,INC, 400 VtRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
182
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1 typed up, and I will be providing it with my coverictter 2 that goes with the testimony today.
But if you would like --
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3 CHAIRMAN GLEASON:
That is all right, as long as 4 it will be provided today, we will get it in a couple of 5 days.
I thought that it would be helpful if we had that 6 ahead of time.
7 MR. BAXTERs Yes, I will have it with my package 8 today.
9 CHAIRMAN GLEASON:
Mr. Chackes, do you have any 10 else to comment or contribute at this time?
11 MR. CHACKES:
Yes, I have a couple of questions on 12 the order of witnesses.
Will we handle each contention 13 separately with the Applicant's witnesses and then the NRC 14 staff's witnesses contention by contention?
15 OHAIRMAN GLEASONs Yes, we will have the 16 Applicant's witnesses on a contention, then 17 cross-examination, and any redirect and any recross on 18 redirect.
Then we will have the staff 's witnesses and 19 f ollow the same procedure.
20 MR. BAXTER:
Mr. Chairman, the staff counsel and 21 myself have been attempting to work out witness schedules on 22 our own at this point, since we were the only parties with 23 direct testimony.
This is not quite thn wa y we are goino to 24 propose to proceed, and this would be indicated in my list.
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25 What we are going to do is put on the Applicant's O
ALDERSON REPORTING COMPANY,INC.
400 VIRGINIA AVE., S.W., WASHINGTON, D.C. 20024 (202) 554 2345
183
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1 witnesses on the concrete issues, all of the concrete issues 2 with the exception of the dome, which is going to be
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3 deferred until the end of the hearing.
Then the staff's 4 witnesses on the same concrete issues would appear.
5 Then, we would do the piping issues by the 6 Applicant, following that with all the staf f's witnesses on 7 the piping issues.
8 So it is not quite contention by contention, but 9 subject matter by subject matter, if you will.
10 CHAIRMAN GLEASON4 When do you propose that 11 cross-examination occur?
12 MP. BAXTER When each witness appears.
13 CHAIRHAN GLEASON:
Is that satisfactory to you,
)
14 Mr. Chackes ?
15 MR. CHACKES:
I suppose so.
16 Will the witnesses on a pa rticula r issue be 17 appearing as a panel?
18 MR. BAXTER:
Yes.
19 MR. PERLIS:
For the staff also.
20 MR. CHACKEE4 We would have the staff's witnesses 21 on another day.
22 MR. BAXTERa We would propose, fi rs t. to put on 23 Applicant's panel on the honeycombing in the reactor 24 building bisement, and all the cross-examination would be O
25 done of those witnesses.
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, O C. 20024(202) 554 2345
184 1
Then the next item would be Applicant's witnesses 2 on imbedded plates, another concrete issue, and all the
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3 cross-examination would be completed on that witness panel.
v 4 Then that would conclude for the time being all the concrete 5 by the Applicant.
6 Then, the staff would put on its witncer or 7 witnesses on the concrete issues, and all the 8 cross-examination would be completed.
Then the staff 9 witnesses on the imbedded plantes, and cross-examination to would be completed.
11 That is the methodology we had in mind.
12 MR. CHACKES:
If your scheduling is already 13 established, I would not propose to interfere with it.
But 14 I believe it would make more sense to go issue by issue for 15 the sake of continuity.
16 MR. BAXTER There is not going to be too much 17 separation.
We are going te keep concrete together, and we 18 are going to keep the piping issues together.
But this nas 19 already been the subject of witness schaduling by both the 20 NRC staf f and Applicant, and I would have a great deal of 21 dif ficulty rearrangina it at this point.
M r. Perlis can 22 speak f or the staff.
23 MR. PERLISs It is certainly the position of the 24 staff that it would save un a lot of troubling in f3
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25 rescheduling, if we could do it this way.
O ALDIRSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE S.W., WASHINGTON, D.C. 20024 (202) 554-2345
185
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1 CHAIRHAN GLEASON:
Let me just say that I find it 2 very difficult for me, and perhaps some of che others, to
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3 handle this in a conference call, at least to visualize T would like to reserve 4 precisely what you are saying.
5 judgment on this until I see what your proposal is, Mr.
6 Baxter.
7 MR. BAXTERa Fine.
8 CHAIRHAN GLEASONa I do think that when a record 9 is compiled, it is much better to have all of the evidence 10 in and all of the cross-examination in at one time with 11 respect to a single subject.
If that subject is the basis 12 of a separate contention, then that takes care of it.
13 I realize that this gets into some complication
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14 with respect to scheduling witnesses, if you have witnesses 15 who are on two different aspects of a contention, or on two 16 dif ferent contentions.
17 But, nevertheless, we have to ta concerned with 18 the regularity, if you will, of the trar;cript for appeal 19 purposes, and for understanding purpcses as far as writing 20 the decision.
21 So my inclination is to advise you to make sure l
22 that all of the subjects are considered caparately, and all i
23 o f the direct testimony and cross-examination get confined 24 to a single subject.
25 MR. BAXTER:
That is my normal experience also, ALDER $oN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON, D C. 20024 (202) 554-2345
186
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1 Mr. Chairman.
We simply are feeling that the concrete 2 issues do have some relationship to each other, as do the C) 3 various piping allocations.
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In this particular case, it would not disruptive 5 of the record to have the kind of separation we are talking 6 about, concrete and piping, because we see a lot of 7 interrelationship.
8 CHAIRMAN GLEASON:
It may work out that way, and 9 we will wait until we see what you propose.
What I will do,t 10 when I receive your proposal, I will review it with the 11 members of the boa rd, and then I will get back with you each 12 individually sometime next week to see if it is adequate.
13 Is that all right, M r. Chackes?
14 MR. CHACKES:
Yes, Mr. Gleason.
15 CHAIRMAN GLEASONs I there anything to come before 16 the Board during this conference call?
17 MR. CHACKES:
I was wondering what progress was 18 being made on the data regarding the SA403 fitting that the 19 Applicant was putting tocether.
20 CHAIRMAN GLEASON4 Mr. Baxter.
21 MR. BAXTER:
All I can say at this point is that 22 it has been a much larger job than we could have anticipated 23 a t the prehearing conference.
The Bechtel have been 24 working, including last Saturday, trying to identify the 25 appropriate three systems.
ALDERSoN REPORTING COMPANY,INC, 400 VIRGINIA AVE., S.W., WASHINGTON. D.C. 20024 (202) 554 2345
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1 After they are identified, then findicq which ones 2 have these kinds of fitting in it, as involved in
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3 transferring information to the field, and doing both 4 documentary checks, and visual walk-downs through the piping 5 system.
8 I do not have the information in written form 7 available today, I don't even know if it is out.
We a re 8 vorking on it diligently, and I will get it out in writing 9 to Mr. Chackes and the parties and the Board as soon as I 10 can.
I know that it will be next week.
11 MR. CHACKES:
All right.
12 Another question from Joint Intervenors.
I 13 Mr. Gleason, do you have a daily schedule for the
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14 hours1.62037e-4 days <br />0.00389 hours <br />2.314815e-5 weeks <br />5.327e-6 months <br /> of the hearino?
15 CHAIRMAN GLEASON:
No, I really don't.
I 18 generally like to conduct these hearing starting at 9:00 17 o ' clock, and going to 12:00 or 12:30, breaking for an hour 18 and a half or so, and coming back and running on a 2 00 to 19 5:00 schedule.
20 MR. CHACKESs Fine.
21 CHAIRMAN GLEASON:
We can adjust that in case of 22 particular problems that people have at the time.
23 Is that it, Mr. Chs:kes?
24 MR. CHACKESs Yes, thank you.
O 25 CH7IRMAN GlEASON Then that will conclude the O
ALDERSoN REPCRTING COMPANY,INC, 400 VIRGINIA AVE., S.W WASHINGTON, D C. 20024 (202) $54 2345
i 188 1 conference call, and if I can ask everybody else to hang up i
2 except the Reporter, who I have to give some instructions 3 to.
4-Thank you, we will see you nest week.
5 (Whereupon at 10:35 a.m.,
the telephone conference 6 was concluded. )
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(L' NUCLEAR REGULATORY CO!" MISSION This is to certify that the attached proceedings before the in the matter ef:
UNION ELECTRIC. COMPANY - CALLOWAY UNIT NO. 1
- Date of Proceeding:
November 6.
1981 Docket 11 umber:
sTN 50-483-on Place of Proceeding:
v,chinnenn n
r were held as herein appears, and that this is the criginal transcript therecf for the file of the Cccmission.,
D *1 F ta i (* i N h ITiMCnM Official Reporter (Typed)
P' W
Official Reper:er (Signature) g
-