ML20049H902

Brief Supporting Motion to Stay Proceedings.Licensing Process Should Not Continue While Significant Defects in Const Program Pending.Svc List Encl

ML20049H902
Person / Time
Site:	Perry
Issue date:	02/24/1982
From:	Wilt D SUNFLOWER ALLIANCE, WILT, D.D.
To:
Shared Package
ML20049H901	List: ML20049H900 ML20049H902
References
NUDOCS 8203040455
Download: ML20049H902 (4)

Text

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BRIEF On Setarday, February 20, 1982, several reports were published in local' Cleveland newspapers concerning the discovery that the bioshield installed by Applicant has large ~ concrete voids. This discovery was made by an employee who noticed a difference in coloration of the concrete, not by any inspector either employed by the Nuclear Regulstory Commission or by Applicant. According to unidentified Cleveland Electric Illuminating Company officials, the true nature and extent of the defect may not be known until June 1982.

The bioshield is a significant part of the containment system of the Perry Nuclear Power Plant. To discover that there are signi fic an t voids in the concrete of this bioshield causes your Intervenors to seriously suspect the construction techniques being employed by Applicent and the cuality assurance program of Applic an t . This is merely another in the long line.of significant construction. defects being discovered at the Perry Nuclear Power Plant and adds further support to the Motion to Expand the quality assurance contention previously filed by Intervenors.

According to press acc ou n t s , an unidentified Cleveland Electric Illuminating Company of ficial statec that the true nature and extent of the defect .may not be known until June of 1982.

Thus', to assure itself that the bioshield has been properly constructed, these licensing proceedings should be suspended until r

such time as Applicant can f ully document and prove to the satisf action of this Board as well as Intervenors that the i- .bioshield is constructed in accordance with applicable NRC 0203040455 920224 PDR ADOCK 05000440 C PDR

regulations and in accordance with the final saf ety and analysis report of Applicant and all other documentation. The licensing proceeding can hardly continue when such significant defects in the construction program are pending.

Applicant owes to the public and to these Intervenors the assurance that its construction is first quality and in accord ance with applicable regulations. This Board may not license Applicant until this Board is catisfied th at the construction complies with

all legal requirements. No doubt Applicant will come forth with an incredible number of technicalities why this Board should not consider this latest defect. This is Applicant's job. The Board cannot let itself be dictated by the numerous technicalities that Applicant will no doubt file in response to this Motion. This Board is sworn to certify that the construction at Perry is accept abl e . When the defects such as those have been f ound in the last several months at Perry exist, no such certification can be forthcoming and this Board has the right to protect itself.

The Board has the power to suspend the licensing proceedings until such time as it has been assured the construction et Perry is adequ ate. Clearly, Applicant's oaality assurance and quality control programs are not. No am^ ant of public relations hipe can alter the f act th at there are serious construction problems at 4

Perry. The magnitude of the void .in the bioshield is of such i horrendous proportion as to almost amount to neglect.

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Public safety should be of utmost importance to the Board, not blind obedience to licensing schedules. The public interest and public safety demands that further licensing activities be suspended until such time as the bioshield is demonstrated to comply with all applicable requirements.

Respectfully submitted W# '

$f Daylel D. Wilt Abtorney f or Sunflower Alliance Page 3

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- SERVICE LIST Peter B. Bloch, Chairman Dr. Jerry h. Klein Atomic Safety & Licensing Board Atomic Safety & Licensing Board.

Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.C. 20555 -

Washington. D.C. 20555

' Frederick J . Shon Jay Silberg, Esq.

Atomic Safety & Licensing Board 1800 M Street N.W.

Nuclear Regulatory Commission Washington, D.C. 20036 Washington, D.C. 20555 Donald T. Ezzone, Esq. Daniel J. Herron, Esq.

Assistant Prosecuting Attorney Assistant Prosecuting Attorney 105 Main Street Ashtabula County Courthouse

• Painesville, Ohio 44377 Jefferson, Ohio 44047 ',

Tod J. Kennrq Jeff Alexander 228 Soouth College St. Apt. A 920 Wilmington Ave.

Bowling Green, Ohio 43402 Dayton, Ohio 45420 ,

Terry Lodge, Esq. '

Robert Alexander 915 Spitzer Bldg. 2030 Portsmouth St. Apt. 2 .

Toledo, Ohio 43604 Houston, Texas 77098 i Atomic Safety & Licensing Appeal Board Docketing & Service Section  ;

Nuclear Regulatory C6mmission Office of the Secretary j Washington, D.C. 20555 Nuclear Regulatory Commission l Washington, D.C. 20555 j Charles Barth, Esq. .

Nuclear Regulatory Commission l*

Washington, D.C. 20555 t

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