ML20049K032

Answer Supporting NRC Motion for Dismissal of Prairie Alliance Contention 5.Contention Is Generic & Lacks Requisite Nexus W/Plant & Therefore Fails to Meet Specificity Requirements.Certificate of Svc Encl

ML20049K032
Person / Time
Site:	Clinton
Issue date:	03/23/1982
From:	Fox C ILLINOIS POWER CO., SCHIFF, HARDIN & WAITE
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8203290336
Download: ML20049K032 (7)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY, )

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER ) Docket No. 50-461 OL COOPERATIVE, INC. )

)

(Operating License for Clinton )

Power Station, Unit 1) )

ANSWER IN SUPPORT OF STAFF'S MOTION FOR DISMISSAL OF PRAIRIE ALLIANCE CONTENTION S Illinois Power Company, Soyland Power Cooperative, Inc., and Western Illinois Power Cooperative, Inc.

(" Applicants"), by their attorneys, pursuant to Section 2.730(c) of the Rules of Practice of the Nuclear Regula-tory Commission, submit this Answer in Support of Staff's Motion that Prairie Alliance Contention 5 be dismissed, and request that the Board grant Staff's motion. In support of their Answer, Applicants state as follows:

1. Prairie Alliance Contention 5 presently l

states:

The CPS should not be licensed to operate until IP has completed an ATWS analysis for (1) redundancy, (2) systems interaction, (3) loss of coolant accident, and (4) incidents such as those experienced in other G.E.

boiling water reactors.

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2. Prairie Alliance Contention 5 presents a purely generic issue that lacks the requisite nexus with the Clinton Power Station. For this reason Prairie Alliance Contention 5 fails to meet the requirements of 10 C.F.R.

S 2.714 (b) for specificity. Unless some nexus is shown, I

a licensing proceeding is the wrong forum for the consi-deration of such generic issues. See Virginia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2), ALAB-491, 8 %RC 245 (1978); Gulf States Utilities Company (River Bend Station, Units 1 and 2),

I l ALAB-444, 6 NRC 760 (1977).

3. The only nexus which linked Prairie Alliance Contention 5 to the Clinton Power Station was removed when the Board approved the joint stipulation of the parties, dated November 6, 1981, amending Prairie l

Alliance Contention 5 by deleting the first two sentences.

Memorandum and Order of December 16, 1981. These two sentences read:

The CPS is especially vulnerable to anticipated transients without scram (ATWS) due to faulty welds during construction which have caused " burn through/ suck back" on a number of control rod drive tubes.

These defects have not been adequately analyzed or repaired'.

Without these two sentences, Prairie Alliance Contention 5 presents an issue which is applicable to all nuclear power plants. No nexus is shown between this contention and the Clinton Power Station.

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4. Prairie Alliance Contention 5 does not present a specific issue such as the ATWS issue pre-sented in Cleveland Electric Illuminating Co., et. al.

(Perry Nuclear Power Plant, Units 1 and 2) Docket Nos.

I 50-440 OL, 50-443 OL (unpublished Memorandum and Order, January 6, 1982). In Perry, the contention was that an automated standby liquid control system should be installed at the Perry Plant. The Perry Licensing Board did not reject the contention because the issue of a standby liquid control system had "many aspects specific to Perry and different from SLCS issues that might be raised with respect to different power reactors."

Id. at p. 4. There is no such nexus between Prairie Alliance Contention 5 and the Clinton Power Station.

WHEREFORE, Applicants respectfully request that the Board grant Staff's motion to dismiss Prairie Alliance Contention 5.

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One of the Attorneys for Applicants Sheldon A. Zabel William Van Susteren Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: March 23, 1982 CERTIFICATE OF SERVICE I hereby certify that an original and two con-formed copies of the foregoing document were served upon the following:

Secretary of the Commission United States Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Service Branch and that one copy of the foregoing document were served upon each of the following:

Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of Engineering Howard University 2300 Sixth Street, N.W.

Washington, D.C. 20059 Dr. Oscar H. Paris Atomic Safety and Licensing Board l U.S. Nuclear Regulatory Commission l

Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street l Suite 2315 Chicago, Illinois 60610 Jan Kodner Tutt and Kodner 173 W. Madison Street Suite 1004 Chicago, Illinois 60602 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 in each case by deposit in the United States Mail, postage prepaid on March 23, 1982.

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ON One of the Attorneys for Applicants Sheldon A. Zabel William Van Susteren Charles D. Fox IV SCHIFF HARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 i

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• 82 ti? 26 P.109 UNITED STATES OF AMERICA r NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY, -)

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER ) Docket No. 50-461 OL COOPERATIVE, INC. )

)

(Operating License for Clinton )

Power Station, Unit 1) )

NOTICE TO:

Hugh K. Clark, Esq., Chairman '

j. S P. O. Box 12?A Kennedyville, Maryland 21645 6 Dr. George A. Ferguson  %

-4 s '7 School of Engineering Howard University /

2300 Six*h Street, N.W. '2 Washington, D.C. 20059 t

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Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Executive Legal Director United States Nuclear Regulatory Commission Washington, D.C. 20555 i Philip L. Willman Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60610 t

Jan Kodner Tutt and Kodner 173 W. Madison Street 3 Suite 1004 {)$O 5 Chicago, Illinois 60602 I / /

3 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 PLEASE TAKE NOTICE that I have filed with the Secretary of the United States Nuclear Regulatory Commis-sion ANSWER IN SUPPORT OF STAFF'S MOTION FOR DISMISSAL OF PRAIRIE ALLIANCE CONTENTION 5 in the above-captioned matter. A copy of this document is attached hereto and hereby served upon you.

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DN One of the Attorneys for Applicants Sheldon A. Zabel William Van Susteren Charles D. Fox IV SCHIFF RARDIN & WAITE 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 (312) 876-1000 Dated: March 23, 1982

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