ML20033B991
| ML20033B991 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 11/25/1981 |
| From: | Fazio P ILLINOIS POWER CO. |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20033B992 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8112020555 | |
| Download: ML20033B991 (4) | |
Text
.
e C
UNITED STATES.OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER-OF
)
ILLINOIS POWER COMPANY,
)
SOYLAND POWER COOPERATIVE, INC.
)
and-WESTERN ILLINOIS POWER
)
COOPERATIVE, INC.
)
Docket No. 50.A41 OL
)
- $'1IFDM'd)x (Operating License for Clinton
)
gy 7~
'.s'.
Power Station, Unit 1)
)
g 8_Ju
.J g
l DEC1 1981 --
MOTION FOR
SUMMARY
DISPOSIT y,s.mu noeton -J/
OF PRAIRIE ALLIANCE CONTENTIO-CC"5'"
'/
C9 s\\.
1 Illinois Power Company, Soyland Power Cooper
'%__[<Ihc.,
and Western Illinois Power Cooperative, Inc.
(" Applicants"),
by their attorneys, pursuant to 10 C.F.R.
S 2.749, move'that summary disposition be granted in their favor with respect to.
Prairie Alliance Contention 5, and in support of their motion, state as follows:
1.
In its Memorandum and Order of May 29, 1981, the Atomic Safety and Licensing Board admitted Contention 5 (originally numbered Revised Contention 6), which states as follows:
The CPS is especially vulnerable to anticipated transients without scram 'ATWS) due to faulty welds during construction which have caused " burn through/
suck back" on a number of control rod drive tubes.
These defects have not been adequately analyzed or repaired.
The CPS should not be licensed to operate until IP has completed an ATWS analysis for (1) emI) redundancy, (2) systems interaction, (3) loss of coolant accident, and (4) incidents such as those I
experienced in other GE boiling water reactors.
t Il V
8112020555 811125 PDR ADOCK 05000461 G
2.
This contentica was admitted on the basis of Prairie Alliance's allegation of fact that faulty welds on a number of control rod drive tubes raised the likelihood that an ATWS incident could occur.
See Memorandum and Order of May 29, 1981 at p. 10.
3.
At a settlement conference held on November 6, 1981, Prairie Alliance, the State of Illinois, and Applicants stipulated that all defective control rod drive tubes had been adequately repaired or replaced and that the condition of the control rod drive tubes is no longer an issue under Contention 5.
See Stipulation of Fact attached as Exhibit A hereto.
As a result of this stipulation the issue of the faulty welds no longer provides a basis for Contention 5, and no issue of fact remains between the parties with re-spect to Contention 5.
4.
In the absence of any issue of fact, the only issue remaining with respect to Contention 5 is generic in nature.
Applicants consequently are entitled to summary i
disposition as a matter of law.
At the November 6, 1981 settlement conference, Prairie Alliance, the State of Illinois, I
the Nuclear Regulatory Commission Staff, and Applicants stip-I ulated that the first two sentences of Contention 5 should be deleted.
See Joint Stipulation attached as Exhibit B hereto.
Contention 5, as it now reads, presents only the generic safety issue of ATWS.
Prairie Alliance in its Revised Petition of March 30, 1981 presented a number of generic safety issues, L
o including ATWS, as part of its Revised Contention 19.
The Board denied Revised Contention 19, thereby eliminating all generic aspects of the ATWS issue from this proceeding.
Memorandum and Order of May 29, 1981 at p. 14.
5.
Contention 5 therefore presents no genuine issue to be heard.
WHEREFORE, Applicants request that the Board dismiss Contention 5 from this proceeding.
Respectfully submitted, l
% lhy I
A One of the Atto_ryibys )for Applicants Peter V. Fazio, Jr.
Sheldon A.
Zabel William Van Susteren Charles D.
Fox IV SCHIFF HARDIN & WAITE
)
7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated:
November 25, 1981
1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF
)
ILLINOIS POWER COMPANY
)
SOYLAND POWER COOPERATIVE, INC.
)
Docket No. 50-461 OL and WESTERN ILLINOIS POWER
)
COOPERATIVE, INC.
)
)
(Operating License for Clinton
)
Power Station, Unit 1)
)
STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE HEARD 1.
All defective control rod drive tubes at Clinton Power Station have been adequately repaired or replaced.