ML20041E387

Response to Util & NRC 810219 Consolidated Statement of Contentions.Corrects Statement to Reflect Agreements Reached at Conferences.Related Correspondence

ML20041E387
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/01/1982
From:	Latham S SHOREHAM OPPONENTS COALITION, TWOMEY, LATHAM & SHEA
To:	NRC COMMISSION (OCM)
Shared Package
ML20041E388	List: ML20041E387 ML20041E389 ML20041E392
References
NUDOCS 8203100454
Download: ML20041E387 (6)

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.s UNITED S~TATES OF AME;.ICA NUCLEAR REGULATORY COMMISSION In the Matter cf

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LONG ISLAND LIGilTING COMPANY

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Docket No. 50-322

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(Shoreham Nuclear Power Station,

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Unit 1)

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h RESPONSE OF SHOREllAM OPPONENTS q

COALITION (SOC) TO LILCO AND STAFF CONSOLIDATED STATEMENT OF CONTENTIONS RECEIVED

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SOC has reviewed the Consolidated Statement of Contentions filed"by LILCO and Staff on February 19, 1981.

In a few instances, the Contentions do not reflect some minor clarifications in wording which the parties have agreed to during their various informal conferences.

Accordingly, the LILCO and Staff Consolidated Statement of Contentions should be correeted as follows:

a)

SOC 7(a)2 (p. 11) - The second sentence should be deleted l

and replaced by:

The SRV controls, pressure and temperature indicators, and the annunciator are not located in a manner consistent with reliable and safe operation, b)

SOC 7(a)3 (p. 12):

Second line from the botton, chance "CRF" to "CFR".

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c)

SOC 8 (p. 14):

Second line of 8(a), delete the word "for".

d) " SOC 16 (p. 16):

Sec'ond line of 16(a)(i), change

" centerline" to " clad".

II.

SOC Contention 6(ali (p. 8):

The Motion for acceptance of SOC.ConEend' ns dated December 2, 1981 (p. 4)-stated:

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0d'"Thus5dk.TswillingtodropContention6(a)(i) when

$'.MLC,g,gornl$ly agrees to conduct the QA/QC review d;

~currentjy p ing negotiated with the County."

s hh h a g), >is. a, ware, negotiations between LILCO and Suffol:.

6A Wylffd,:t"1 iCdunty did nogyp['roduce the QA/QC review envisioned above.

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.., ii[fijj,huf folk County and LILCO abandoned their settleme it discussions, the County has submitted four contentions pertaining to QA/QC (SC #'s 12-15).

LILCO and Staff are presently objecting to all of SC #12 and part of SC # 13 (see Consolidated Statement of Contentions, pp. 59-61 and the separate responses of LILCO and Staff to County Contentions 1-31 at 'pp. 4-7 and pp. 2-4, respectively).

SOC has reviewed Suffolk County Contentions 12-15 and believes its QA/QC concerns will be adequately covered by those County Contentions.

SOC is prepared to drop its existing Contention 6(a)i in favor of adopting SC #'s 12-15 as presented by the County.

However, in view of the LILCO and Staff objections to County Contentions 12 and 13, the scope of the County's QA/CP.

contentions, and the degree to wriich SOC'

• QA/QC concerns c i l.1 ne covered by those contentions, remains uncertain.

Acco rd ing l y, SOC will agree to drop its Contention 6(a)(i) in favor of the County QA/QC Contentions upon the Board's admission of Suffolk County Contentions 12-15 as pres'ented by the County.

Should the-Board reject all or part of County Contentions ~12 and 13, or' shou'ld the C,ounty QA/QC contentions as admitted by the Board otherwi.se fail to encompass SOC's QA/QC concerns after the Board's ruling, SOC will respond to LILCO's Motion for Summary Disposition of Contention 6(a)(i).

III.

LILCO has submitted DAR-5 to SOC's consultants in an effort to resolve SOC Contention 12 (Part'2).

SOC's consultants are reviewing that document together with Board Notification 82-09 (dated February 16, 1982) to confirm that the issues raised in Contention 12 (Part 2) have been resolved.

SOC is also aware, however, that further meeting 3 between the BWR owner's group and the NRC concerning Mark II wee held during February and that a I

i filing by the owner's group concerning Mark II will be submitted l

on or about April 15, 1982.

Prior to the March 9, 1982 conference affected. by any of parties, SOC will determine if.12 (Part 2) i.m of these developments so that it can advise the Board whether or not Contention 12 (Part 2) will be withdr' awn.

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IV.

l SOC, Staff and LILCO have previously set.forth their arguments supporting or opposing the admission of SOC's 7(B) contentions and certain cbntentions submitted in respons'e to LILCO's requested extension,of the Shoreh'am constructinn pe'em i t.

T.he LILCO and Staff Consolidated Statement of Contentions.

reiterates those_ parties' belief s that each of the SOC 7(B) or construction permit contentions'is barred from litigation in the Shoreham OL or CP hearings because:

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They are the subject of Commission rulemakings or Policy Statements; or b)

They fail to meet the Bailly (ALAB-619) tent.

SOC contends that this Board must make specific findings on the merits for each.of the issues raised by SOC's 7(B)'and CP contentions prior to the issuance of an operating license for Shoreham.

LILCO and Staff have asserted.a number of procedural",

arguments which would result in the Board's conscious disregard of and an absence of. findings regarding the safety significance of those contentions as they pertain to Shoreham.

SOC believes such a result would violate the Board's regulatory, statutory and ll l

. common -law obligations to ensure that a license, if granten, wifi be based on findings sufficient to, protect the health and..nafety of the public.

Accordingly, SOC urqes tho Board to ad n it each of 4

the 7(B) and CP contentions for 1itigation in the Shorehaa OL or i

CP proceeding.

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Respect f ully subinit ted,

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Step @nll. Latham

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TWOMEV, LATHAM'& SilEA Attorneys for

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Shoreham Opponents Coalition P.O.

Box 398, 33 W.

2nd St.

Riverhead, New York 11901 (516) 727-2180 Dated:

March 1, 1982 s

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