ML20052G364

Motion to Strike Portions of Util Testimony on Shoreham Opponents Coalition Contention 19(e).Questions 11-16 Irrelevant to Contention as Stated.Certificate of Svc Encl. Related Correspondence

ML20052G364
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/13/1982
From:	Brown H KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20052G358	List: ML20052G357 ML20052G364
References
ISSUANCES-OL, NUDOCS 8205180295
Download: ML20052G364 (4)

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o UNITED STATES OF AMERICA RELArar g D &"ONDRing NUCLEAR REGULATORY / COMMISSION BEFORE THE ATOMIC SAFETY AND. LICENSING BOARD n, -

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In the Matter of '

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l LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.

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i (Shoreham Nuclear Power Station, )

I Unit 1) )

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i SUFFOLK COUNTY MOTION TO STRIKE PORTIONS OF LONG, ISLAND LIGHTING COMPANY TESTIMONY ON SOC CONTENTION 19 (e)

On May 4, 1982, Long Island Lighting Company ("LILCO")

prefiled testimony of Albert Yao Chee Wong on SOC Contention 19(e), seismic design. Pursuant to this Licensing Board's instructions regarding motions to strike, Suffolk County now

, moves to strike questions 11-16 of that testimony and the answers thereto (portions of pages 4 and 5 of the prefiled

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testimony) because these portions of the testimony are irrele-1 vant to the contention as stated.

In Q&A 11-16, the LILCO witness, while purporting to address the seismic design response spectra issue, addresses the follow-ing matters:

1. The basis for using the Modified Mercalli Scale Intensity VII for the safe shutdown earthquake

("SSE") at Shoreham; 1

• / The second line of the Answer to Question 24 on page 8 of-the testimony should also be struck.

$205180 ART

2.. The seismic history of Long Island and surrounding areas;

3. The alleged degree of conservatism used by LILCO in designing Shoreham for an Intensity VII SSE;

4. The degree to which peak ground acceleration of an Intensity VII earthquake exceeds an Intensity V earthquake, which allegedly is the largest earth-quake previously recorded in the Long Island vicinity;

5. The corrolation of an Intensity VII earthquake to a maximum ground acceleration rate of 0.13g; and

6. Consideration of whether Shoreham is designed to meet much greater ground accelerations than would be expected in the SSE.

It is respectfully submitted that the foregoing portions of the testimony, as well as related portions of the conclusion on page 8 of the testimony, are irrelevant to SOC Contention 19(e). That Contention, in relevant part, states as follows:

The design response spectra for the seismic l

design of Shoreham are not based on the standards in Regulatory Guido 1.60. Thus, the spectra have not been demonstrated to be sufficiently conservative to comply with 10 CFR Part 50, Appendix A, Criterion 2, and 10 CFR Part 100, Appendix A. In addition, LILCO did not use the Regulatory Guide 1.61 value of damping (4%) for the operating basis earthquake analysis of Category I reinforced concrete structures, but rather utilized a higher value of damping (5%),

thereby also violating the regulations just cited.

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Suffolk County originally believed that testimony such as that offered by the LILCO witness was in fact relevant to SOC Contention 19 (e) since the ground motion inputs to the response spectra, as well as regional geologic history, are integrally related to the adequacy of the seismic design. However, this Board's earlier ruling to the contrary rejected this view and now prompts this motion.

Suffolk County in Request 5 of its Second Request for Production of Documents by Long Island Lighting Company, dated March 6, 1982, requested LILCO to produce a number of documents relating to seismic activitiy during the past 24 months in the northeastern United States. See Exhibit A hereto. These docu-ments related to earthquake magnitudes, ground accelerations, and other data relevant to the question of the appropriate accelerations associated with the SSE for the Shoreham facility.

Suffolk County believed that the requesed documents were relevant under the NRC's rules and that, in particular, they related to SOC Contention 19(e). LILCO objected to the discovery request and the Board, in a March 30, 1982 "Confiranatory Order Regarding Suffolk County and SOC Motions to Compel Discovery from LILCO"

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agreed with LILCo.- Thus, the Board ruled: "LILCO need not produce the seismic data described in production request No. 5 of the County Second Set of Document Production Requests because

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A complete record of Suffolk County's position is unavail-able since arguments were made in a Conference Call referenced in the March 30 Order.

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it is not relevant to any contention or issue admitted in the proceeding." (March 30 Order, p. 3, emphasis supplied).

If the foregoing data in Suffolk County's document production request were not relevant to any issue in this proceeding, then the referencad portions of the LILCO testimony on SOC Contention 19(e) are also not relevant and -hould be struck from the pro-ceeding.

The Board, in Suffolk County's view, does have an alternative.

That alternative is to admit this testimony, but to defer con-sideration until after the submission of the reports requested by the Board at the last hearing concerning recent seismic activity in the northeastern United States. (See Tr. 1161, Morris, J.) Other parties would need to also have an opportunity to file rebuttal testimony on this aspect of the contention, since the LILCO testimony did go beyond the scope of earlier rulings. However, in the event the pcrties are not provided an opportunity to confront this evidence -- which evidence is a surprise in view of the earlier position of LILCO and the Board that such seismic information is not relevant -- this testimony must be struck.

l Respectfully submitted, l

l David H. Gilmartin Patricia A. Dempsey Suffolk County Department of Law Veterans Memorial Highway

! Hauppauge, New York 11788 i

Herbert H. Brown Lawrence Coe Lanpher Karla J. Letsche KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS May 13, 1982 1900 M Street, N.W.

Washington, D.C. 20036

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, EXHIBIT A

, UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) -

) Docket No. 50-322 0.L.

(Shorcham Nuclear Power )

Station, Unit 1) )

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SUFFOLK COUNTY SECOND REQUEST FOR PRODUCTION OF DOCUMENTS BY LONG ISLAND LIGHTING COMPANY Pursitant to 10 C.F.R. S 2.741, LILCO is requested by Suffolk County to produce for insoection and copying, at the Shoreham plant or at another mutually agreed-upon location, the documents specified below that are within LILCO's (as defined herein) possession, custody, or control. Such production shall be no i

later than 30 days from the date of service of this Request.

DEFINITIONS AND INSTRUCTIONS FOR DOCUMENT PRODUCTION The definitions and instructions applicable to these Requests are the same as those set forth in Suf folk County Interrogatories to LILCO, dated March 5, 1982, and hereby incorporated by reference, except that subparts L through P, and W of such Definitions and Instructions are not applicable to these Requests.

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1 DOCUMENTS TO BE PRODUCED

1. All documents identified in response to suffolk County Second Set of Interrogatories to Long Island Lighting Company, dated March 6, 1982.

2. With regard to Section 17.2 of the FSAR where it states " Audits shall be conducted to predetermined schedules,"

please provide a copy of the current " predetermined" audit schedules.

3. A copy of the LILCO Inspection Plan for the Shoreham Nuclear Power Station construction and operations programs.

4. S&W Topical Report RP-8A " Radiation Shielding Design and Analysis Approach for Light Water Reactor Power Plants,"

May 1975.

5. All documents related to seismic activity during the past 24 months in the northeastern United States or southeastern Canada, including:

(1) Documents which concern the earthquake magnitudes; (2) Documents which concern the ground accelerations; l

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(3) Documents which concern the accelograms or other seismic instrument readings or data recorded at the Shoreham plant, on Long Island, or elsewhere; (4) Documents which concern the free-field response of such seismic activity; (5) Documents which concern the response spectra at the Shoreham plant, including any effects related to soil systems interaction or damping; and (6) Documents which concern the adequacy of Shoreham's seismic design in view of recent seismic activity in the northeastern United States or southeastern Canada.

Respectfully submitted, DAVID J. GILMARTIN Suffolk County Attorney PATRICIA A. DEMPSEY Assistant Suffolk County Attorney Suffolk County' Department of Law Veterans Memorial Highway Hauppauge, New York 11788 Herbert H. Brown /

Lawrence Coe Lanpher Karla J. Letsche l

KIRKPATRICK, LOCKHART,-HILL, I CHRISTOPHER & PHILLIPS 1900 M Street, N.W., 8th Floor l

Washington, D.C. 20036 l (202) 452-7000 Attorneys for Suffolk County March 6, 1982 l

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. l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 (OL)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

CERTIFICATE OF SERVICE I hereby certify that copies of the "SUFFOLK COUNTY MOTION TO STRIKE PORTIONS OF LONG ISLAND LIGHTING COMPANY TESTIMONY ON SOC CONTENTION 19 (e) ," dated May 13, 1982 have been served to the followirg this 13th day of May, 1982 by U.S. Mail, first class (except as otherwise noted) .

Lawrence Brenner, Esq. (*) Ralph Shapiro, Esq.

Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Howard L. Blau, Esq.

Dr. James L. Carpenter (*) 217 Newbridge Road Administrative Judge Hicksville, New York 11801

• Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq. (#)

Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 Dr. Peter A. Morris (*) Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. Jay Dunkleberger Washington, D.C. 20555 New York State Energy Office Agency Building 2 Edward M. Barrett, Esq. Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Stephen B. Latham, Esq.

Mineola, New York 11501 Twomey, Latham & Shea Attorneys at Law Mr. Brian McCaffrey P.O. Box 398 Long Island Lighting Company 33 West Second Street l 175 East Old Country Road Riverhead, New York 11901 Hicksville, New York 11801

Marc W. Goldsmith Mr. Jeff Smith Energy Research Group, Inc. Shoreham Nuclear Power Station l 400-1 Totten Pond Road P.O. Box 618 i Waltham, Massachusetts 02154 North Country Road Wading River, New York 11792 Joel Blau, Esq. MHB Technical Associates New York Public Service Commission 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K '

Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan Suffolk County Executive David H. Gilmartin, Esq. County Executive / Legislative Suf folk County Attorney Building County Executive / Legislative Bldg. Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.

Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. (*) Commission David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.

Staff Counsel, New York State Public Service Comm.

3 Rockefeller Plaza Albany, New York 12223

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F-l LAWRENCE COE LAMPHER l KIRKPATRICK, LOCKHART, HILL, l CHRISTOPHER & PHILLIPS 1900 M Street, N.W., 8th Floor Washington, D.C. 20036 May 13, 1982

(*) By hand 5/13/82

(#) By Federal Express 5/13/82 l

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