ML20039F213
| ML20039F213 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 01/08/1982 |
| From: | Cutchin J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8201120193 | |
| Download: ML20039F213 (5) | |
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,1 UNITED. STATES OF AMERICA NUCLEAR REGULATORY C0i;11SSION j
BEFORETHEATOMICSAFETYANDLICEhSINGBOARD
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<n In the Matter of
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METROPOLITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-289 4;,.
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(Restart)
C YB (Three Nile Island Nuclear Station.)
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NRC STAFF'S ANSWER IN SUPPORT OF NA_
LICENSEE'SMOTIONFORRECONSIDERATIONT
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DATED DECEMBER 30, 1981 I.
INTRODUCTION
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By a notion dated December 30, 1981 the Licenlee has petitioned the Licensing Board to reconsider paragraphs 935 and 970 and other findings
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N in its Partial Initial Decision of December 14,-1931 that require, as a' s
condition for restart, an analysis of a reactor ccolant. pump suction 7
break to be performed and submitted to the Staff ior its review.
For the reasons set forth below the NRC Staff supports the Licensee's motion.
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A II. DISCUSSION 4
The Licensing Board has jurisdiction to entertain the Licensee's petition for reconsideration.f Consumers Power Conpany (Midland Plant, Units I and 2), ALAB-235, 8 AEC 645, 6.46 (1974); 10 CFR 552.717(a) and 2.771. Where, as in the circumstances here' obtaining, the Board has based its decision to impose the condition for restart on infor. nation r.ot in evidence 1/ reconsideration by the Board is particularly appropriate.
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A Licensing Board's decision cannot be based on factual material that has not been introduced and admitted into evidence. Tennessee Valley Authority (Hartsville Nuclear Plant, Units 1A, 2A, IB and 28), ALAB-463, 7 NRC 341, 352 (1978).
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Af the Licensee points out, the Board based its decision, that an j
- analysi,s of4. reactor coolant pump suction break, should be performed, on s
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. 'j a Babcock.& Wilcox letter dated March 25, 1981. Licensee notes that the letter was not offered or received into evidence, was not the subject of s
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any discussions by the Board or the parties at the hearing, and was not
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addressed by any party in its proposed or reply findings. Motion
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a t 2-3.
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However, the Staff can understand the Board's concern about whether a reactor coolant pump (RCP) suction break might involve increased demands' on the operating crew in terms of the tinie available for operator actNn.to prevent unacceptable conditions in the reactor core.
p PID at $1 933 and 934. At least some of that concern appears to arise
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teon the Board's uncertainty about what effect knowledge of the
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information,in the B&W letter might have had on Mr. Jensen's testimony.
PID at'184, n. 114.
Having recognized this, the Licensee has provided as Attachment B to its motion, a copy of an affidavit that was submitted
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Board's expression of a similar concern about the significance of the information presented in the B&W letter.
In that affidavit Mr. Jensen concisded that the information in the B&W letter is not significant with
-regard to continued safe operation of Rancho Seco.E The emergency Mrocedures are neither time nor break location dependent; thus an e
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'M[. Jensen has advised Staff Counsel that he agrees with Licensee's observation (Motion at 11, n. 11) that the Staff'"
- position on Rancho Seco would apply equally to TMI-1.
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ans}y:is of a RCP suction break is not necessary for the purpe'.e of dedifying the proce'dures.
As M'.
Jensen states in the affidavit, the r
opera' tor is instructed,to actuate HPI for any small break that does not s.
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cause its automatic actuation and to restore feedwater flow if that is n.ot available. Mr. Jensen in his affidavit gave his reasons for
, believing that the difference in time available to the operator to take action 5toassureadequatecorecoolingisnotexpectedtobe m
significant for breaks at' the RCP suction and discharge.
Thus, the
, Staff believes that no further analysis of a RCP sution break is necessary to demonstrate that'such an accident at TMI-1 will not involve increased
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demands on the operating crew in terms of the time available for c_,_
J operator a'ction to assure adequate core cooling.
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CONCLUSION For the. reasons set forth above the Staff believes that the relief
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rei;uested by th~e Licensee should be granted.
Respectfully submitted, j f. frs
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Y ame M. Cutcb)in
' ou sel for NRC Staff Dated at Bethesda, Maryland this 8th day of January,1982.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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MdTROPULITAN EDIS0N COMPANY, ET AL.)
Docket No. 50-899 t
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(Restart)
(Three Mile Island, Unit 1)
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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S ANSWER IN SUPPORT' 0F LICENSEE'S MOTION FOR RECONSIDERATION DATED DECEMBER 30, 1981", dated January 8,1982
-in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk by deposit in the Nuclear h2sulatory Commission's internal mail system, or as indicated by a double asterisk by hand delivery, this 8th day of' January,1982:
'Dr. John H. Buck Dr. Linda W. Little Atomic Safety & Licensing Appeal Administrative Judge Board Panel 5000 Hermitage Drive U.S. Nuclear Regulatory Commission Raleigh, North Carolina' 27612 Washington, DC 20555 George F. Trowbridge, Esq.
- Christine N. Kohl Shaw, Pittman, Potts & Trowbridge Atomic Safety & Licensing Appeal 1800 M Street, N.W.
Board Panel
. Washington, DC 20006 U.S. Huu: ear Regulatory Commission Washington, DC 20555 Robert Adler, Esq.
505 Executive House
- Ivan W. Smith P. O. Box 2357 Administrative Judge Harrisburg, Pennsylvania 17120 Atomic Safety & Licensing Board Panel U.S. Nuclear Regulatory Comraission Honorable Mark Cohen Washington, DC 20555 512 D-3 Main Capital Building Harrisburg, PA 17120 Dr. Walter H. Jordan Administrative Judge Ms. Marjorie Aamodt 881 W. Outer Drive R.D. #5 Oak Ridge, Tennessee 37830 Coatesville, PA 19320 Gary L. Milhollin, Esq.
Mr. Thomas Gerusky 1815 Jefferson Street 8ureau of Radiation Protection Madison, WI 53711 Dept. of Er.vironmental Resources P. O. Box 2063 Dr. Walter H. Jordan Harrisburg, PA 17120 Administrative Judge Carib Terrace Motel 552 H. Oreon Blvd.
Pompono Beach, Florida 33062
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' U 2;d.ry inald L. 4tchy Lienic hfety a Liccnsir.:
A;Tecl Board
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U.S. Tuclear Regulatory Comissia Wast-ington, DC 20555 Mr. ilarvin I. Lewis 6504 Bradford Terrace
- Atomic Safety and Licensing AppeaT Board Philadelphia, PA 19149 U.S. Nuclear Regulatory Commission Washington, DC 20555 Metropolitan Edison Company ATTH:
J. G. Herbein, Vice President
- Atomic Safety and Licensing Board Panel P. O. Box 542 U.S. Nuclear Regulatory Cummission Reading, PA 19603 Washington, DC 20555 Ms. Jane Lee
- Secretary R.D. 3; Box 3521 U.S. *iuclear Regulatory Commission Etters, PA 17319 ATTN:
Chief, Docketing & Service Br.
Uasnington, DC 20555 Walter W. Cohen, Consumer Advocate Department of Justice William S. Jordan, III, Esq.
Strawberry Square,14th Floor Harmon & Weiss Harrisburg, PA 17127 1725 I Street, N.W.
Suite 506 Thomas J. Germine Washington, DC 20006 Deputy Attorney General Division of Law - Room 316 John Levin, Esq.
1100 Raynond Boulevard Pennsylvania Public Utilities Comm.
Newark, flew Jersey 07102 Box 3265 Harrisburg, PA 17120 Allen R. Carter, Chairman Joint Legislative Committee on Energy Jordan D. Cunningham, Esq.
Post Office Box 142 Fox, Farr and Cunningham Suite 513 2320 North 2nd Street Senate Gressette Building Harrisburg, PA 17110 Columbia, South Carolina 29202 Louise Bradford Rcbert y. Pollard Three Mile Island Alert 609 Montpelier Street 1011 Green Street Baltimare, Maryland 21218 Ha risburg, PA 17102 Chauncey Kepford Ms. Ellyn R. Weiss Judith Johnsrud Harmon & Weiss Environmental Coalition on Nuclear Power 1725 1 Street, N.W.
433 Orlanco Avenue Suite 505 State College, PA 16801 Washington, DC 20006 Ms. Frieda Berryhill, Chairman Mr. Steven C. Sholly l
Coalition for Nuclear Power Plant Union of Concerned Scientists l
Postponement 1725 I Street, N.W.
l 2610 Grendon Drive Suite 601 I
Wilmington, Delaware 19808 Washington, DC 20006 Gail Phelps ANGRY 245 W. Philadelphia Street York, Pennsylvania 17401 f
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- Judge Gary J. Edles, Chairman Atomic Safety and Licensing ose R. Gra Appeal Board ou el for N Sta f U.S. Nuclear Regulatory Commission Washington, DC 20555