ML20045D856

San Luis Obispo Mother for Peace Supplemental Response to First & Second Sets of Interrogatories & Requests for Production of Documents Filed by Pacific Gas & Electric Co.* W/Certificate of Svc.Related Correspondence

ML20045D856
Person / Time
Site:	Diablo Canyon
Issue date:	06/21/1993
From:	Culver N SAN LUIS OBISPO MOTHERS FOR PEACE
To:	PACIFIC GAS & ELECTRIC CO.
References
CON-#293-14066 92-669-03-OLA-2, 92-669-3-OLA-2, OLA-2, NUDOCS 9306300139
Download: ML20045D856 (9)

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/hM TFf ATED CODRCSPONDENCE

CLnEiED U5NRC UNITED STATES OF AMERICA '93 JJ!124 P4 :07 NUCLEAR REGULATORY COMMISSION a wv ATOMIC SAFETY AND LICENSING. BOARD $[I .;.- .I N o

Before Administrative Judges:

Charles Bechhoefer, Chairman Jerry R. Kline Frederick J. Shan In the Matter of Pacific Gas and Electric Company Docket Nos. 50-275-OLA-2 Diablo Congon Nuclear Power Plant 50-323-OLA-2 Units 1 and 2 ASLBP No. 92-669-03-OLA-2 Focility Operating Licenses No. DPR-80 and DPR-82 June 21, 1993

! San Luis Obispo Mothers for Peace Supplemental Response to First and Second Sets of

! Interrogatories and Requests for Production of Documents Filed by Pacific Gas and Electric Company Son Luis Obispo Mothers for Peace C"SLOMFP"3 herein supplements its l

responses to Pocific Gas and Electric Company's ("PGSE"3 first and second sets of interrogatories and requests for production of documents filed Februarg 19, 1993.  ;

First Set:

l l Interrogatory A-1: Identify the name, profession, employer, and creo of professionci expertise of each person whom MFP expects to call as a witness, including any expert witness, at the hearing on this matter.

Answer: As of this date, SLOMFP hos no commitment from any person to appear os on expert witness at the hearing. If/when SLOMFP secures a commitment from on expert witness to testify at the hearing, SLOMFP will l

promptly contact the interested parties. j I

Interrogatory A-2: Identify the contentions relating to which and specific  !

to the subject matter on which each witness'is expected to testify at the hearing.

l Answer: Refer to answer to interrogatory A-1.

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Interrogatory A-3: Identify all documents, and all pertinent pages or parts thereof, that each witness has been shown to date and any other documents the witness will rely upon or will otherwise use for his/her testimony at the hearing.

Answer: SLOMFP hos agreed to identify all documents that it will rely upon These documents are listed in Attachment A and B. The in its cose.

majority of these documents are readily available to PGSE and, in fact, were provided to SLOMFP by PG&E. Three documents are being provided in Attachment C: "The Aging of Nuclear Power Plants: A Citizen's Guide to Causes and Effects," Nuclear Information and Resource Service by James Riccio and Stephanie Murphy, 1988; SLOMFP Reply to NRC and PGSE Responses to Petitioner's Supplement to Petition to Intervene, December 10, 1992 Cprepored for the first preheoring conference but not accepted]; Diablo Canyon Independent Sofety Committee Recommendations, Follow Up and Review of Safety Issues CJonuary 25, 1993].

Interrogatory A-4: Provide copies of all documents identified in response to A-3 above that are not documents provided to MFP by PG&E ond that are not otherwise available to PGSE.

Answer: These documents are found in Attachment C.

Interrogatory A-5: Identify the educatianol and professional experience of each witness identified in A-1 above.

Answer: Refer to answer to interrogatory A-1.

Second Set:

Answers to Interrogatories for Contention I Interrogatory B-1: In its Prehearing Conference Order, the Licensing Board did not strictly limit MFP "to the specific incidents relied upon to admit its contention." Prehearing Conference Order, at 25.

" Incidents such as those that MFP cttempted to read into the record at the preheoring conference may be acceptable, as long as they are material to the implementation of maintenance and surveillance programs." Ida

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B-1.1 Does NFP intend to identify additional " incidents" other than l

those set forth in its " Supplement to Petition to Intervene"

[ Supplemental Petition"3? j B-1.2 If so, identify all of the incidents, other than those set l forth in the Supplemental Petition, on which NFP intends to rely in  !

support of Contention I. Explain why they support Contention I. I B-1.3 Provide any and all documentation relevant to the incidents  !

identified in response to B-1.2. Include any documentation originally '

prepared for, and intended to be submitted at, the Preheoring 1 Conference.

B-1.9 PG&E emphasized the continuing nature of B-1 and directs NFP  !

to review instruction L obove.

Answer: SLOMFP has categorized the incidents into " trends." The categories are self-explanatory. The identification of documentation for I

incidents relating to maintenance and surveillance programs at DCNPP are ]

Those documents that are not readily available to I located in Attachment A. 1 l

i PG&E have been provided in Attachment C. The document originally prepared l l for the first preheoring conference is included.

Interrogatory B-2: Describe the qualifications and experience of MFP members and their consultants in this proceeding, pertinent to the  !

nature, scope, purpose of, ond/or porticipation in:

B-2.1 maintenance and surveillance practices and activities at DCPP or other commercial nuclear power plants; B-2.2 predictive, preven,tive, and corrective maintenance practices employed generally throughout the nuclear industry as well as at DCPP.

Answer: Refer to answer to interrogatory A-1, i Interrogatory B-4: Identify and provide copies of all reports of which MFP or its consultant is cwore, and on which it intends to rely in this proceeding, relevant to the implementation of maintenance and surveillance programs at commercial nuclear power plants located in the United States.

B-9.1 Provide copies of any and all documents relevant to the information identified in response to B-9.

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l Answer. SLOMFP intends to use NRC NUREGs, generic letters, information i

notices and events from other nuclear power plants that are relevant to the maintenance and surveillance programs at DCNPP. These documents have been 1 identified in Attachment A. The booklet entitled "The Aging of Nuclear Power Plants: A Citizen's Guide to Causes and Effects" has been provided in Attachment C.

Interrogatory B-8: Identify any and all information, of which MFP or its consultant is aware, regarding:

B-8.1 the maintenance rule and its implementation at DCPP; B-8.2 molntenance and surveillance activities at DCPP; ond/or B-8.3 oging, aging management, ond/or the effectiveness of programs to manage oge-related degradotion at DCPP.

B-8.4 Does MFP intend to use any of the information identified in response to B-8.1 .3 in support of Contention I? If so, explain the intended use of any such information.

B-8.S Provide copies of any documentation identified in response to B-8.1 .3 which is not already available to PGSE.

Answer: Because the maintentonce rule does not become effective until July of 1995, SLOMFP will not be relying on any information relating to its implementation to support Contention I. The documents that SLDMFP will use in support of Contention I have been identified in Attachment A. Documents have been provided in Attochment C. SLOMFP intends to use this information to show two things:

1. Despite the existing maintenance and surveillance programs at DCNPP and the corrective actions token when problems are identified, serious problems continue. Personnel continue to make and repeat significant errors. They frequently fail to follow the existing procedures due to inottention or lock of understanding. Procedures or instructions for maintenance and testing activities are often inadequate. Corrective actions that include additianol training, procedural revisions and memos repeatedly fail to

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prevent recurrence of on event. Equipment continues to corrode and degrade l l

despite surveillance. Design, maintenance, installation and manufacturing I

deficiencies continue to plague the safe operation of the plant.

2. In some cases, the technology for detecting aging effects simply does not exist.

1 Interrogatory B-11: MFP contends that "the NRC has repeatedly cited PGSE l for its slow response to correct maintenance problems." Supplemental l Petition, at 7. Identify and provide supporting documentation for all l such incidents, other than those listed in the Supplemental Petition l in support of Contention I.

Answer: Refer to the documents identified in Attachment A in the category entitled " untimely response."

Answers to Interrogatories for Contention V Interrogatory B-17: In support of the admissible portion of Contention V pertinent to the implementation of interim compensatory fire-l protection measures at DCPP, MFP cites five incidents based on two NRC inspection reports and three LERs. Prehearing Conference Order, at 35.

B-17.1 What, if any, other incidents does MFP or its consultant intend to rely upon in support of Contention V, os admitted by the Licensing Board, which regards implementation of Thermo-Log compensatory measures at DCPP7

! B-17.2 Provide any cnd all documentation relevant to the incidents identified in response to B-17.1.

B-17.3 PG&E reiterates the continuing nature of this request and i

directs MFP and its consultant to review instruction L obove.

Answer: SLOMFP will be relying on those incidents that are identified in Attachment B.

Interrogatory B-20: Identify all instances, known to MFP, in which fire l watches have been missed at DCPP since implementation of the interim l compensatory measures at issue.

Answer: In its supplemental response to the third set of interrogatories filed by SLOMFP CMorch 8, 1993], PG&E claims that there have been no missed

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i or late fire watches. However, SLOMFP has noted several instances in which

- roving and/or continuous fire watches were not established when fire protection equipment was inoperable or when degraded barriers existed.

These incidents are identified in Attachment B.

l Interrogatory B-21: Identify all studies, reports, and information, within t the knowledge or possession of MFP or its consultants, pertaining to the implementation of interim compensatory measures at DCPP and/or ong 3

commercici nuclear power plant.

B-21.1 Is any of the information identified in response to B-21 comparative in nature; e.g., does it compare the implementation of interim compensatory measures at various commercial nuclear power plants?

B-21.2 Upon which of the items identified in response to B-21 does MFP and its consultant intend to rely in support of Contention V?

Explain how.

B-21.3 If MFP and its consultant do not intend to rely upon certain of the items identified in response to item B-21, explain why for each study, report, or source of information.

B-21.9 Provide any and all documentation relevant to the items identified in response to B-21.

Answer: SLOMFP has no such documents.

Interrogatory B-22: Identify all documents and all sources of information available to MFP or its consultants pertaining to missed fire watches within the commercial nuclear power industry and/or at DCPP.

B-22.1 Does MFP intend to rely upon any of this information to support Contention V? If so, in each cose explain how.

B-22.2 If NFP does not intend to rely upon certain of the information identified in response to B-22, explain why for each document, report, or source of information.

B-22.3 Provido any and all documentation relevant to the infarmation j provided in response B-22.

Answer: SLOMFP hos no such documents nor other sources of information.

Interrogatory B-23s NFP aseerte that " human observere are not completely reliable. They make mistakes." Supplemental Petition, at 29.

. 1 B-23.1 Explain the factors, events, and conditions which lead to the asserted "unreliability" of human observers. 4 l

B-23.2 Uhot kinds of "mistokes" do human observers make? Explain the factors, events, and conditions which lead to these " mistakes?"

B-23.3 Identify and provide copies of any and all reports, documents, and sources of information which indicate that " mistakes" of this type ,

have in fact occurred at DCPP. Explain why they support Contention V.  !

Answer: " Personnel error" is the common " root cause" of missed fire 1 l

watches and the failure to establish fire watches when needed due to l l

inoperable fire protection equipment or degraded barriers. Often these personnel errors are o result of inadequate instructions, misunderstanding of duties, misinterpretation of fire protection requirements or failure to idontify the need for fire protection measures. These incidents degrade the fire protection program at DCNPP and support SLOMFP's Contention V, Incidents of this type are identified in Attachment B.

Respectfully Submitted, 1

Noney Culver, President San Luis Obispo Hothers for Peace P.O. Box 169 i Pismo Beach, CA 93998 i

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of Pacific Gas and Electric Company Docket Ncs. S0-27S-OLA-2 Diablo Canyon Nuclear Power Plant S0-323-OLA-2 Units 1 and 2 ASLBP No. 92-669-03-OLA-2 Focility Operating Licenses No. DPR-80 and DPR-82 June 21, 1993 AFFIDAVIT I, Jill K. ZomEk, the Treasurer on the Board for Son Luis Obispo Mothers for Peace, have-provided the information for the " Son Luis Obisco Mothers for Peace Response to Supplemental Response to First and Second Sets of Interrogatories and Pequests for Production of Documents filed by Pacific Gas and Electric Company."

The information contained in the referenced interragotory answers and responses to requests for documents is true and correct to the best of my knowledge and belief.

__ _ _ __<J e Ji 1K. Zom k Scte of California County of Son Luis Obispo _

St Sworn and subscribed to before me this _2_/___dog of June, 1993 e s Notary Public ,

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My comm ssion expires

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'93 JW 24 P4 :07 Certificate of Service I hereby certify that copies of the foregoing Son Luis Obispo Mothers for '

Peace Supplemental Response to First and Second"Setsjof Interrogatories and Requests for the Production of Documents Filed by Pacific Gas and Electric Company have been served upon the following persons by U.S. mail, first class and by FAX cs indicated C*].

Office of Commission Appellote Administrative Judge Adjudication Charles Eechhoefer, Chairman U.S. Nuclear Regulatory Ctmmission Atomic Sofety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Jerry Kline Administrative Judge Atomic Sofety and Licensing Board Frederick J. Shon U.S. Nuclear Regulatory Commission Atomic Sofety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Edward O'Neill Ann P. Hodgdon, Esq. Peter Arth, Jr.

Office of the General Counsel Trumon Burns U.S. Nuclear Regulatory Commission Robert Kinosion (

Washington, DC 20555 Peter G. Fairchild, Esq. I Californio Public Utilities Commission Joseph B. Knotts, Jr., Esq.* 505 Uon Ness Avenue l Winston & Strown San Francisco, CA 99102 l 1900 L Street, N.W. l Washington, DC 20005 Adjudicatory File Secretary of the Commission U.S. Nuclear Regulatory Commission Docketing and Service Branch Washington, DC 20555 U.S. Nuclear Regulatory Ccmmission Washington, DC 20555 Robert R. Wellington, Esq.

Diablo Canyon Independent Sofety Committee 857 Coss Street, Suite D Monterey, CA 93990 Christopher Warner, Esq.*

Richard Locke, Esq.

Pacific Gas and Electric Co.

77 Beale Street

. San Francisco, CA 59106 l

Jill ZomEk Dated June 21, 1993, Son Luis Obispo County, CA

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