ML20050A538

Motion for Leave to File Statement of Issues Per 10CFR2.715(c).Issues Re Qa/Qc Program & Evaluation for Adverse Sys Interaction Meet Procedural Requirements of Specificity.Certificate of Svc Encl

ML20050A538
Person / Time
Site:	Clinton
Issue date:	03/26/1982
From:	Willman P ILLINOIS, STATE OF
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8204010391
Download: ML20050A538 (9)

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.a e' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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ILLINOIS POWER COMPANY, ) -

SOYLAND POWER COOPERATIVE, INC. ) @ 4 and WESTERN ILLINOIS POWER '

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COOPERATIVE, INC. #x

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) Docket No. 50-4 OL RECEIVED (Operating License for Clinton ) CE Power Station, Unit 1). )

~ MAR 321982a'O 6 # CNC E34 Nrtem.m$r7 Mc g MOTION FOR LEAVE TO e.

FILE STATEMENT OF ISSUES * / lag \ O '

The State of Illinois (Illinois), by Tyrone C. Fahner, Attorney General of the State of Illinois, moves the Board for leave to file a Statqment of Issues, pursuant to 10 C.F.R.-2.715(c).

In support of this motion Illinois status as follows:

1. Illinois may, as an interested State participating in this proceeding pursuant to 10 C.F.R. 2. 715 (c) , raise particular issues of interest or concern to it. Project Management Corp.,

et al. (Clinch River Breeder Reactor Plant) , ALAB-354, 4 NRC 383, 392-93 (1976); Gulf States Utilities Co. (River Bend Station, Units 1 and 2) , ALAB-444, 6 NRC 760, 768 (1977). In the past,

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interested States have raised issues of particular concern, in ~~

addition to admitted contentions, by submitting those issues to the Licensing Board at varying stages of the proceeding. See, e.g., Gulf States Utilities Co., supra at 768-70; Cincinnati D503 y Gas and Electric Co., et al. (William H. Zimmer Nuclear Station), / ()

T.RP-7 9- 7 7, 1. 0 NRC 713, 216 (1979); pacific Gas and Electric Co. (Diablo ' Canyon Nuclear Power Plant, Units 1 and 21, 1

LBP-81-5,-13 NRC 226, 232 '1981).

, Illinois is now seeking 8204010391 820326 PDR ADOCK 05000461 Q pyg

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permission from the Board in the instant proceeding to submit issues in addition to the contested matters raised by Prairie Alliance.

Attached to this motion is Illinois' partial statement of issues which Illinois wishes to file at this time.

Illinois believes that_the two issues submitted at this time meet the procedural requirements of the NRC Rules of Practice.

Both are framed with sufficient detail and precisenass. And, the five " lateness" factors of 10 C.F.R. 2. 714 (a) do not apply to these issues, because those factors are appropriate for the admission of contentions only. Cincinnati Gas and Electric Co.

(William H. Zim.ner Nuclear Station), LBP-79-22, 10 NRC 213 (1979). However, even if these five factors do apply, it is clear from the, showing below that they weigh in favor of admission of these issues. These factors are as follows:

(i) Good cause, if any, for failure to file on time.

It is well established that the availability of new information or documents is a valid reason for accepting new contentions.

Indiana and Michigan Electric Co. (Donald C. Cook Nuclear Plant, Units 1 and 2) , CLI-72-25, 5 AEC 13, 14 (1972); Cincinnati Gas and Electric Co. (Wil'liam H. Zimmer Nuclear Station) , supra l

l at 217. For Issue 1 the new information is found in a series of NRC inspections that have occurred since Prairie Alliance

! submitted its first round of contentions on March 30, 1981. ,

i These inspections uncovered a range of noncompliance activities >

related to the OA/OC program governing CPS-1 construction.

The new information forming the basis for Issue 2 is also found in

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these inspection reports and in the'NRC-Staff's review of Unresolved Safety Issue A-17, Systems Interaction in Nuclear Power Plants, in the CPS-1 Safety Evaluation Report (SER) .

(ii) The availability of other means whereby the petitioner's interest will be protected. It is clear that this proceeding is the only means available to Illinois to protect j its interest in these issues. A limited appearance statement at the hearing would be insufficient to bring these issues before the Board. See Nuclear Fuels Services, Inc. (West Valley Reprocessing Plant) , CLI-75-4, 1 NRC 273, 276 (1975). In any event, such an appearance would be superfluous in light of Illinois' active par (icipation in the proceeding on the conten- ,

tions that already have been admitted. And, there is no other fonny such as a state proceeding, in which ' Illinois can raise '

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these issues. See Florida Power and Light Co. (Turkey Point Nuclear Generating Units 3 and 4) , LBP-79-21, 10 NRC 183, 193 1979). This proceeding is the only means available to Illinois-to raise these issues. [

(iii) The extent to which the petitioner's participa-tion may reasonably be expected to assist in developing a sound record. This factor appears to apply more appropriately to intervention rather than to the matter at. hand. However, to the extent that it is' applicable, Illinois submits that consideration of these issues is essential to the Board's review of the opera-

_ ting license application. Further, Illinois intends to commit substantial legal and technical resources to aid in the development of a sound record regarding these issues. l i

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(iv) The extent to whicP the petitioner's interest will be represented by existing parties. The Commission has held that the representatives of a private party may not effectively re.nresent the presumably broader interests of a governmental body. Nuclear Fuel Services, Inc., supra at 275. Here, Prairie Alliance, a private intervenor in this proce'eding, may not necessarily repre-

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sent the concerns Illinois, as representative of the citizenry at large, has for these issues. Nor can the NRC Staff be expected to necessarily represent Illinois' interest. See Cincinatti Gas and Electric Co., supra at 215.

(v) The extent to which the' petitioner's participation will broaden the issues or delay the proceedings. The consideration of these issues by the Board will not broaden this proceeding, in that b6Eh the NRC Staff, and the Board, must ' review these issues '

before an operating license is issued. Furthermore, the factual basis for Issue 1.is closely related to that for Prairie Alliance Contention 2, which has already been admitted. Nor will the admission of these issues delay the licensing proceeding.

Currently construction of certain parts of CPS-1 is under a stop work order, and the proposed date for loading fuel has been postponed indefinitely. And, the SER, which was scheduled for publication in January of 1982, was not issued until February 16, t

1982.

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For the foregoing reasonsi'rl'iinois moves the Board for leave to file instanter its Statement of Issues, which is attached hereto.

Respectfully submitted, TYRONE C. FAHNER Attorney General State of Illinois BY: / -

PHILIP H. WILLMAN Assistant Attorney General-Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312) 793-2491

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OF COUNSEL REED NEUMAN .

Assistant Attorney General 500 South Second Street Springfield, Illinois 62701 DATED: March 26, 1982 g'm 6 9m - .e M

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THE STATE OF ILLINOIS' STATEMENT OF ISSUES

1. The Applicants have failed to establish and execute a Quality Assurance (QAVQuality Control (QC) program during construction of CPS-1 that adheres to th'e criteria set forth in 10 C.F.R. 50, Appendix B. Numerohs problems in the QA/QC program

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have been discovered during construction of CPS-1, resuluing, in some instances, in the termination of construction work. Many of these problems directly affect the construction at CPS-1 of safety related systems. Yet, the NRC Staff in its SER has failed to adequately address these problems. Thus, there is no assurance that CPS-1 has been constructed in such a way that it will not

. endanger the health and safety of the public.

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2. The Applicants and the NRC Staff in its SER have failed to provide a comprehensive evaluation of CPS-1 for adverse systems interaction, as required by 10 C.F.R. Part 50, Appendix A, Criteria 19, 20, 22 and 29. Neither the Applicants nor the NRC Staff has adequately addressed the interaction of nonsafety grade components, equipment, systems, structures, and human and function-factors with safety sy' stems and the effect this interaction will have during operations, transients, and accidents. This inadequacy is exacerbated by the Applicants' failure to adhere to a satis-factory Quality Assurance / Quality Control program during construc-tion of CPS-1.

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

POWER COMPAUY, SOYLAND )

POWER COOPERATIVE, INC., )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. ) Docket No. 50-461 OL

)

(Operating License for Clinton )

Power Station, Unit 1). )

NOT ICE TO: Hugh K. Clark, Esq., Chairman P.O. Box 127A Kennedyville, Maryland 21645 Dr. George A. Ferguson School of En}ineering Howard University 2300 Sixth Street, N.W.

Washington, D. C. 20059 .

Dr. Oscar H. Paris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Richard J. Goddard Office of the Executive Legal Director United States Nuclear Regulatory j Commission -

Washington, D. C. 20555 Sheldon A. Zabel -

Schiff, Hardin & Waite 7200 Sears Tower 233 South Wacker Drive Chicago, Illinois 60606 Jan L. Kodner Tutt & Kodner 173 West Madison

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Suite 1004 Ch'icago, Illinois 60602

a 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"today I have caused to be filed with the Secretary, United States Nuclear Regulatory Commission, Washington, D. C. 20555, Attention: Chief, Docketing and Service Section, one original and two conformed copies of Illinois' Motion For Leave To File Statement of Issues. A copy of this document is attached and served upon you.

Respectfully submitted, TYRONE C. FAHNER Attorney General State of Illinois BY: -

PHILIP I4 WILLMAN ~

Assistant Attorney General Environmen'tal Control Division 188 W. Randolph Street - Suite 2315 Chicago, Illinois 60601 (3121 793-2491 DATED: March 26, 1982

o UNITED STATES-OF--AMERICA, NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY, )

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. )

) Docket No. S0-461 OL (Operating Licenst zr Clinton )

Fower Station, Un' 1) )

CERTIFICATE OF SERVICE I hereby certify that I served copies cf Illinois' i

Motion For Leave To File Statement Of Issues on the persons listed on the attached Notice by causing them to be deposited in the United StateN' mail, first class, postage prepaid, on this 26th day of March, 1982.

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PHILIP L WILLMAN S M e e