ML20053A486
| ML20053A486 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 05/20/1982 |
| From: | Patricia Anderson WISCONSIN'S ENVIRONMENTAL DECADE |
| To: | Bloch P, Kline J, Paxton H Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8205260141 | |
| Download: ML20053A486 (4) | |
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.g BOARD STAFF Nctuas Sear r HAs* Ara Prof John Neess. Je1CTC*
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tves e. te 307 Ma*av* eel Wsconso $3203 (414; 224 6045 May 20, 1982 Mr. Peter B.
Bloch, Chairman Dr. Jerry R.
Kline Atomic Sarety & Licensing Board Atomic Safety & Licensing Board Nuclear Regulatory Commission Nuclear Regulatory Commission Washington, D.
C.
20555 Washington, D.
C.
20555 Dr. Hugh C.
Paxton Atomic Safgty & Licensing Board 1229 - 41s Street Los Alamos, New Mexico 87544 Re: Wisconsin Electric Power Company Point Beach Nuclear Plant Dockets 50-256 and 50-301(OLA)
(Full Scale Sleeving Proceeding)
Gentlemen:
I Reference is made to our letter dated March 28, 1982, in which we requested permission to undertake discovery on the Staff l
arter the time for discovery had expired, on the grounds that new facts had arisen.
1 I
In succeeding conversations with Staff Counsel, we were informed that the Staff would be notifying the Board and parties l
of relevant matters at other plants on a continuing basis, and that this routine notification practice might obviate the need l
for discovery.
Based upon that representation, by letter dated April 18, 1982, we asked the Board to hold our request f or discovery on Statf temporarily in abeyance to determine whether this practice would meet our need for discovery.
1 Subsequent to that time, we received from our subscription library--not from the Staff--a copy of the NRC Weekly Information that three sleeved tubes at San Onof re have been identified as DQ Report f or the Week Ending March 26, 1982, in which it was stated 5
leakers based upon a hydrostatic test.
It is our opinion that this information, which the Staff did
/ /
not provide to the Board and parties, is fundamentally integral to this proceeding.
Also, the possibility exists that other directly relevant.information, of which we are not aware, is 820526019( 6
,,,y _
. similarly being withheld.
By letter dated April 30, 1982, we inf ormed Staf f Counsel "unless you can suggest some means to insure that we will not be kept in the dark about relevant developments, I will have to press the matter with the Board in order to adequately protect tne Decade's interests."
In a telephone conversation with Staf f Counsel today, we were inf ormed that the Staf f position is that it is providing everytning that is relevant and that it disagrees with our opinion that things such as leaking sleeves at San Onofre should be brought to the attention of the Board and the parties.
Staff Counsel advised that, if we desire to receive more information tnan is being provided, we will have to seek an order f rom the Board.
This letter is to,
- first, seek such an order.
At the outset, we would note that, in this particular case, the requirements of 10 C.F.R. S2.720(h)(2)(ii) do not apply to such a request, because the fact of discovery on Staff has already been provided for by prior agreement.
Egg NRC Staff Memorandum, dated October 19, 19 81, a t p. 5.
The only requirement that is not met is tne requirement f or first round discovery to have been filed on an earlier date.
We believe that the completion of the Staf f investigation of the recent tube related accident at Ginna, the recently discovered new form of tube corrosion at Three Mile Island, and the recently observed leaking tubes at San Onof re--all of which followed the time for first round discovery--conclusively demonstrate new relevant facts not previously available to justity late filed discovery.
Even if, arauendo,10 C.F.R. S2.7 20 (h) (2)(ii) did apply, the same circumstances also meet the "necessary to a proper decision" ano "not reasonably obtainable f rom any other source" tests.
The f act of sleeves leaking, f or example, is clearly necessary to reco1ve f or a proper decision, and the details of these events are not obtainable by us from the operating utilities.
Second, Staff Counsel has asked that we ennumerate the specific areas of inquiry that we wish to pursue in discovery.
The f ollowing ennumeration indicates the areas of interest in which we wish to kept informed nn a continuina basis:
(1)
All information concerning operating experience and inspection results of the steam generators at the San Onofre Nuclear Plant Unit 1 subsequent to installation of sleeves.
(2)
All information concerning the details of primary side steam generator tube corrosion at Three Mile Island Nuclear Plant Unit 1.
(3)
All info'rmation concerning new forms of steam generator
o tube degradation at any pressurized water reactor.
(4)
All information concerning any evaluation of the relationship between steam generator tube failures and reactor vessel embrittlement growing out of the January 25,19 82 Ginna tube rupture or elsewhere subsequent to the first round discovery.
Third, in the event second round discovery is completed on the Licensee prior to the Board's ruling on this request for discovery on Staff, this is to request that the time for filing a motion concerning litigable issues be extended to toll from elcuer the denial of this request or the completion of discovery on Staf f.
S.e.e T r an s c r i pt p. 8 91.
Similarly, this is to extend tne same request to delay the tolling of time to file the motion on ' litigable issues for completion of the Board's consideration ot further discovery on the Licensee with respect to its LER 82-007.
S.cc Letter from Decade to the Board, dated May 13, 1982.
M Sincerely, WISpNSIN'S ENVIRONME AL DECADE, INC.
by e
ETE DERS,N Di, tor of Public Affhirs PA/mt-P3:50266NRC.L41 cc: Richard G.
Bachmann, Esq.
Bruce W.
Churchill, Esq.
o UNI'IED STNIES OF NERICA NlrIEAR REGUIA'IORY ThMISSION
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Wisconsin Electric Power Comuny f
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POINT BEACH NUCIEAR PIANT UNI'IS 1 & 2 g
Docket Nos.
50-266 and 50-301 GRI'IFICNIE OF SERVICE C :.' _.,
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I certify that true and correct copies of the foregoing document will be served this day by depositing cnpics of the same in the first class un11s, postage pre-paid and cnrrectly addressed, to the following:
Peter B. Bloch, Chainton Atomic Safety & LI N ing Board U. S. Nuclear Ibgulatory Comnission Wasnington, D. C.
20555 Dr. Hugh C. Paxton 1229 -41st Street Ios Ala:ros, New Ibxico 87544 Dr. Jerry R. Kline Atmuc Safety & Licensing Board U. S. Ntclear Ibgulatory Coninission Wachington, D. C. 20555 Ebcketing & Service U. S. Utclear Ibgulatory Comnission s
Washington, D. C. 20555 i
Mr. Richard Bacltmnn Office of Emcutive Icgal Director U. S. Nuclear Ibgulatory Conmission l
Washingtat, D. C. 20555 l
l Fir. Bruce W. Churchill Slow Pittnun Potts and 'Itubridge 1600 14. Street N.W.
Washington, D. C. 20036 Barton Cowan 42nd Floor 600 Grant Street Pittsburga, PA 15219
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Carol Pfeffdrkorg l
h'M-k Date: