ML20049K182

Suppl to Answer to Applicant Motion for Summary Disposition of Contention 5 & NRC Motion to Defer Consideration. Genuine Issue of Fact Exists Re Whether Applicant Performed ATWS Analysis.Proof of Svc Encl

ML20049K182
Person / Time
Site:	Clinton
Issue date:	03/23/1982
From:	Kodner J PRAIRIE ALLIANCE, TUTT & KODNER
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8203290496
Download: ML20049K182 (4)

Text

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l h Til{C h UNITED STATES OF AMERICA o ij NUCLEAR REGULATORY COMMISSION  ;

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• 02 KIR 25 p j 79

[ BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD f

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l In the Matter of: ) .s-g,; ,

x ILLINOIS POWER COMPANY, et a1 ) Docket No. 50-~461 OL- ~.q',f a

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(Clinton. Power Station, Unit ) is/ .

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b i 8 jf PRAIRIE ALLIANCE'S SUPPLEMENTAL ANSWER TO MOTIONS OF NRC STAFF AND APPLICANTS RELATIVE N/ ['

1l TO PRAIRIE ALLIANCE CONTENTION NO. 5 ,v/

. ./

l l PRAIRIE ALLIANCE, INC., by its attorney, JAN L. KODNER, I i

' herewith supplements its answer to the Applicant's Motion for i

Summary Disposition of PRAIRIE ALLIANCE Contention No. 5 and to I-t the NRC Staff's Motion to Defer Consideration,'as relative to (

):

matters contained in the CLINTON POWER STATION, Unit No. 1 l

(

Safety Evaluation Report (SER), NUREG 0853.  ;

After amendments and deletions by stipulation of the i parties, Contention No. 5 reads as follows: "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 on the GE

' boiling water reactors". As Illinois noted in its Answer to [

these Motions, filed December 21, 1981, there is a genuine issue I TU8[N K DNER *

• ' ~

$15*i00 Applicant's discovery answers have not indicated that it has f CHICAGO ILL 40602 l Ts'sewows done so. The SER fails to address the contention and so does I S t1/OG3183 8 not shed any light on this issue. g '

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i 8203290496 820323 PDR ADOCK 05000461 '

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Review of the SER reveals that it would indeed be h

ji premature to dispose of the ATWS issue at this stage. At Part

,d 15.2.1 of the SER, the NRC Staff acknowledged that the Commission

,1 has not yet render'ed a decision on required modifications to  !

d resolve ATWS concerns. The Staff then recommended certain steps to be taken by the Applicant to further reduce the risk from i ATWS prior to completion of these future modifications.

l

[According to the SER, such emergency operating procedures are being prepared by Applicant and the GE Owners Group and will be reviewed by the Staff and reported in a supplement to '

the SER. It is clea'r that Applicant has not ye? taken the actions recommended by the NRC Staff relative to the ATWS issue.

Accordingly, as the Staff noted in its December 7, 1981, Motion

~

to Defer, and for precisely the same reasons stated therein, f the issue is not yet ripe for consideration of summary dispo-sition.

For reasons states above, PRAIRIE ALLIANCE respectfully [

i requests that the Board deny the Motions of the Applicants and O

the NRC Staff; or, in th'e alternative, defer consideration of the Motion pending issuance of the Staff's supplement to the

! SER.  ;

! i l

l Tur$ND KODNER j PRAIRIE ALLIANCE, INC., by its nS W. MADISON STnzrv attorney, JAN L. K0DNER i (UtTE1004 CHICAGO. ILL. 8080s TELEPHONE t cla/a*A.:sa s i f

i UNITED STATES OF AMERICA f

NUCLEAR REGULATORY COMMISSION BEFORE Tl!E ATOMIC SAFETY AND LICE!! SING BOARD  ;

In the Matter of: )

) i ILLIN0IS POWER COMPANY, et a1 ) . Docket No. 50-461 OL

,t  !

)

q (Clinton Power Station, Unit )

, 1) )

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,' NOTICE OF FILING y g

.; TO: SEE ATTACilED SERVICE LIST j l

PLEASE TAKE NOTICE that on this date, March 23, 1982 ,

I

INC. an ori I am copies two . filing onofbehalf of PRAIRIE ALLIANCE,PRAIRIEALLIANCE'SSUPPLEMENTA MOTIONS l

p! 0F NRC STAFF ANu ArrLitaald xtLA11ve tu YKAixit ALLIANct CunitNIION 1 NO. S l with the Secretary of the United States of America Nuclear j Regulatory Commission, a copy of which is attached hereto and it is herewith served upon you.

l ~

)

JAF L. KODNER, Attorney for jl; PRAIRIE ALLIANCE, INC.

i STATE OF ILLINOIS ) j'

) SS. i ll COUNTY OF COOK ) i s

PROOF OF SERVICE '

ALLIANChsN0hN$hENNL"Nhbf0 OfIdNS bIkRC STA b AND i APPLICANTS RELATIVE TO PRAIRIE ALLIANCE CONTENTION NO. 5 g

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filed on behalf of PRAIRIE ALLIANCE, INC., to be served upon:  !

i SEE ATTACHED SERVICE LIST K NERll by depositing same in the U.S. Mail at 173 W. Madison St.,

b'urNN Chicago, Illinois, with proper postage prepaid, on cun:: f ood March 23, 1982 , 1982. I 3HicAeo. ILL. sosoa l TELEPHONE ,

Cl?/2CC tS35 s OSubsc ' bed and Sworn to I

'l bef re e this 23rd day of l

'l flarc , 1982. i j

l Notary Public

]  ;

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1 U

l l; SERVICE LIST o

0 i il Hugh K. Clark, Esq., Chairman Sheldon Zabel, Esq.

lAdministrativeJudge Schiff, Hardin G Waite

' P. O. Box 127A 7200 Sears Tower '

Kennedyville, Maryland 21645 233 South Wacker Drive

!. Chicago, IL 60606

! Dr. George A. Ferguson l Adminstrative Judge Philip L. Willman, Esq.  :(

School of Engineering Assistant Attorney General (

Howard University Environmental Control Division I' 2300 Sixth Street, N.W. 188 West Randolph St., j

' Washington,'DC 20059 Suite 2315 .L Chicago, IL 60601 f Dr. Oscar H. Parish N Administrative Judge Dick Goddard, Esq. k Atomic Safety and Licensing Office of the Executive Legal f Board Director

• U.S. Nuc, lear Regulatory U.S. Nuclear Regulatory Commission Commission t-Washington, DC 20555 Washington, DC 20555 '

Prairie Alliance Atomic Safety and Licensing h P. O. Box 2424 Appeal Br rd Panel .

Station A U.S. Nuc1(4r Regulatory Champaign, IL 61820 Commission 3, Washington, DC 20555  ?

Atomic Safety and Licensing U Board Panel Docketing'and Service Section [

U.S. Nuclear Regulatory Office of'the Secretary [

Commission U.S. Nuclear Regulatory ,

Washington, DC 20555 Commission '

Washington, DC 20555 I

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law orricES DUTT ANO KODNER 73 W. M ADISON STRErf g

CUITE GOO 4 . 6 CHICAGO. ILL. 40402 TELErHON E  !-

Ett/2331835 '

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