ML20041D324
| ML20041D324 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 03/03/1982 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8203050223 | |
| Download: ML20041D324 (3) | |
Text
-
u UNITED STATES OF AMERICA
- c. <
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD WP ~3 Pp.45 Administrative Judges:
c:
Robert M. Lazo, Chairman tf Dr. Richard F. Cole Dr. A. Dixon Callihan Sucho MAR 31982
)
In the Matter of:
)
Locket Nos. STN-50-528-0L
)
STN-50-529-0L ARIZONA PUBLIC SERVICE COMPANY, ET AL.
STN-50-530-6L (Palo Verde Nuclear Generating Station,)
9 Units 1, 2 and 3 Operating License
)
f 4
Proceeding)
)
March 3, 1982 p
'[,
)
)
~
,gy"'
2
,' -[
^
0
',7 f
MEMORANDUM AND ORDER CONCERNING JOINT APPLICANTS' MOTION T0 if DISMISS INTERVEN0R'S CONTENTION N0. 8 During the discovery stage of this proceeding, Intervenor refused to answer three of Joint Applicants' interrogatories respecting Contention No. 8.
In response to a motion to compel filed by Joint Applicants, this Board by its Memorandum and Order dated August 31, 1981, ordered Intervenor to answer the three interrogatories.
Following Intervenor's failure to comply with the Board's order, Joint Applicants moved to dismiss Contention No. 8.
Intervenor's response to the motion was to withdraw the contention.1/
D oh 5
5 IO
~1/ See Memorandum and Order dated November 3, 1981, and Memorandum and Order on Prehearing Conference of November 18, 1981, dated December 11, 1981.
8203050223 820303 PDR ADOCK 05000528 G
F-2 Contention 8 provides:
The base mats for Units 1 and 2 are not structurally able to support the systems and equipment inside containment, because some of the concrete slump tests perfonned by Engineering Testing Labs for Units 1 and 2 were falsified.
(Safety).
During a prehehring conference on November 18, 1981, the Intervenor stated that she was withdrawing the contention because witnesses to the allegation would not testify because of possible jeopardy of their standing with their employers.
Because the Board considered the allegation of Contention No. 8 to have a potenticlly significant safety impact on the construction of the Palo Verde Nuclear Generating Station, the Board asked Joint Applicants and the NRC Staff to address the issue.
Joint Applicants filed a response on January 15, 1982 with attached affidavits. On January 20, 1982, the Staff also filed an affidavit addressing the slump test issue.
l The concrete tests which were performed in connection with the placement j
of the basemats for Units 1 and 2 and which measure or relate to the strength and/or acccptability of the concrete are fully discussed in the affidavits.
The quality assurance and quality control programs used in the construction of the basemats are also described. Based on the statements submitted, the Board believes that it is highly unlikely that slump test results could be falsified.
In any case, the more important test results for judging the l
acceptability of concrete placements are the compressive strength test 1
1 i
i
3 results which affiants state all fell within the acceptable range for the basemat placements at Palo Verde.U The Board is satisfied with the responses which have been given, and at this time does not plan to inquire further into the allegation of Contention No. 8.
ORDER For the foregoing reasons and in consideration of the entire record in this matter, it is, this 3rd day of March 1982 ORDERED That Intervenor's Contention No. 8 is withdrawn as an issue in controversy in this proceeding.
FOR THE ATOMIC SAFETY AND LICENSING BOARD Y
W Robert M. Lazo, Chairmarf ADMINISTRATIVE JUDGE l
l 2/ January '15,1982 Affidavit of A. Carter Rogers, page 8.
January 20, 1982 Affidavit of Lucian E. Vorderbrueggen, page 12.
~
- -