ML20053D130

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Response Opposing Governor Brown 820513 Motion for ASLB Order Directing Util to Provide Info on Implication of Errors Identified in PNO-V-82-09 & IE Info Notice 82-11.No Further ASLB Action Needed.W/Certificate of Svc
ML20053D130
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 06/02/1982
From: Bradley Jones
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8206040109
Download: ML20053D130 (6)


Text

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4 06/02/82 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of

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PACIFIC GAS AND ELECTRIC COMPANY Docket Nos. 50-275 0.L.

50-323 0.L.

(Diablo Canyon Nuclear Power Plant Unit Nos. 1 and 2)

STAFF RESPONSE TO GOVERN 0R BROWN'S REQUEST FOR THE BOARD TO ORDER PG&E TO PROVIDE INFORMATION ON IMPLICATIONS OF ERRORS IDENTIFIED IN BOARD NOTIFICATION PN0-5-82-09 AND I&E INFORMATION NOTICE 82-11 I.

INTRODUCTION On May 13, 1981 Governor Brown filed with the Licensing Board in the above proceeding a " Motion For Board Order Directing PG&E To Provide Information On The Implications of Errors Identified In Board Notifica-tion PN0-5-82-09 and I&E Information Notice 82-11." (Request) For the reasons set forth below the Staff opposes that motion.

l II. DISCUSSION The first part of Governor Brown's request addresses PN0-5-82-09.

l That notice deals with certain errors in the seismic analyses for the PowerOperatedReliefValves(PORVs)andBlockvalvesatDiabloCanyon Unit 1.

The Licensee informed the Licensing Board of the above situation in a letter dated February 24, 1982, and committed to maintaining the qualification of the valves as was testified to at the j

full power hearings. The errors in seismic analysis were discovered during the course of a seismic reverification program which has been i

ordered by, and is being conducted under the close supervision of, the' DESIGNATED ORIGINAIl q

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Commission. As a part of that reverification process semi-monthly status reports are sent to the Consnission from the independent auditor which is conducting the reverification process. Copies of these reports are also sent to the Licensing Board and all parties to this proceeding.

The second part of Governor Brown's motion addresses I&E Information Notice No. 82-11. That notice informed licensees owning Westinghouse designed nuclear plants that there was a possible inaccuracy in the wide range pressure instruments used in Westinghouse designed plants. The notice informed the licensees that the inaccuracy could increase the chances of a PORV sticking open due to the increased t

number of challenges to the valve. The notice indicated that Westinghouse would advise its customers of the appropriate corrective actions.

The Staff submits that the above two matters do not require that the Licensing Board take any further actions.1/

The information addressed in the Governor's motion is irrelevant to the issues at the full power hearing. The issue at the full power hearing concerning the PORV and Block valves was their classification.

As testified to at the hearing the classification of the valves is l

I dependent on the function of the valves.

(Testimony of Jensen ff. Tr.

11621 at pp. 12-14). Testimony at the hearing as to the qualification of the valves was intended to establish that it was not the " function" of the valves to prevent Loss-of-coolant-accidents (LOCAs). The fact l

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The Licensing Board in an Order dated April 2,1982 has already indicated that it is aware of the seismic analysis problem with the valves and it will consider all relevant information.

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that additional actions must now be taken in order to assure that the valves remain qualified at their pre:ent classification does not affect what that classification should be. The requested information on the seismic qualification of the valves is, therefore, irrelevant to a resolution of the issue concerning PORVs and Block valves which is present in the full power proceeding.

Similarly, the information contained in I&E Information Notice No. 82-11 is irrelevant to the full power issues.

I&E Information flotice flo. 82-11 describes potential inaccuracies in wide range pressure instrurrents used in Westinghouse designed plants. With respect to the PORVs this could result in an increased number of challenges and, thereby, an increased risk of a valve sticking open. Governor Brown requests that the Licensing Board be informed of the status of any actions taken pursuant to that notice.

(Requestat1). That information does not change the type of functions performed by the valves.

It does not, therefore, affect the determination of the correct classification of the valves since that classification is dependent only on the functions performed by the valves. As with the seismic information discussed above, this information goes to determining whether the valves are qualified for their classification, not whether the classification is I

correct.

Moreover, the Staff's testimony at the full power hearing demon-strated that even if the PORVs and block valves stuck open there would be no core damage.

(Testimony of Jensen ff. Tr.11621 at p.10).

Thus, the information in the I&E Notice would not affect the Staff's conclusions in that testimony.

Regardless of whether the information raised in Governor Brown's first issue is relevant to the issues in the full power hearing, the Licensing Board is already receiving that infonnation. The Licensing Board is receiving a copy of the independent auditors semi-monthly report on the status of the reverification program. Those reports identify the errors in the seismic design or analysis discovered to date and give the corrective actions recommended for those errors. The reports also give the status, in terms of percent completion, for the corrective actions. The Board is, therefore, already receiving reports which cover the " status of PG&E's investigation into the errors identi fied in Board Notification PN0-5-82-09."

III. CONCLUSION For the reasons stated above the Staff does not believe that the information which Governor Brown request be provided the Licensing Board is relevant to the full power issues. Additionally, the information with respect to the reverification program is already being provided to the Licensing Board. The Staff, therefore, urges the Licensing Board to deny Governor Brown's motion.

Respectfully submitted Bradley W.

nes Counsel for NRC Staff Dated at Bethesda, Maryland this 1st day of June, 1982 i

i UNITED STATES OF AMERICA NUCLEAR REGULATORY C0WilSSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of '.',

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l PACIFIC GAS AND ELECTRIC COMPANY Docket Nos. 50-275 0.L.

(DiabloCanyonNuclearPowerPlant Unit Nos. I and 2 CERTIFICATE OF SERVICE I hereby certify that copies of " STAFF RESPONSE TO GOVERNOR BROWN'S REQUEST

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FOR THE BOARD TO ORDER PG&E TO PROVIDE INFORMATION ON IMPLICATION IDENTIFIED IN BOARD NOTIFICATION PNO-5-82-09 AND I&E INFORMATION NOT in the above-captioned proceeding have been served on the following by deposit in the Nuclear Regulatory Connission's internal mail system, this 2nd day of l

l June, 1982:

i:

I l

John F. Wolf, Esq., Chairman Richard E. Blankenburg Administrative Judge Co-publisher l

Atomic Safety and Licensing Board Wayne A..Soroyan, News Reporter U.S. Nuclear Regulatory Commission South County Publishing Company

. Washington, D.C.

20555

Glenn 0. Bright, Esq.

Administrative Judge Atomic Safety and Licensing Board i

U.S. Nuclear Regulatory Corrnission Washington, D.C.

20555

  • Dr. Jerry Kline Mr..Gordon Silver Administrative Judge Mrs. Sandra A. Silver Atomic Safety and Licensing Board 1760 Alisal Street U.S. Nuclear Regulatory Commission San Luis Obispo, California 93401 Washington, D.C.

20555

  • Arthur C. Gehr, Esq.

Elizabeth Apfelberg Snell & Wilmer 1415 Cozadero 3100 Valley Center San Luis Obispo, California 93401 Phoen'x, Arizona 95073 Philip A. Crane, Jr., Esq.

Paul C. Valentine, Esq.

Pacific Gas and Electric Company 321 Lyttu Avenue P.O. Box 7442 Palo Alto, California 94302 San Francisco, California 9.4120~~l Bruce Norton, Esq.

Mr. Frederick Eissler.

3216 North 3rd Street Scenic Shoreline Preservation Suite 202 Conference, Inc..

Phoenix, Arizona 85012 4623 More Mesa Drive Santa Barbara, California 93105 Andrew Baldwin, Esq.

124 Spear Street Mrs. Raye Fleming San Francisco, California 94105 1920 Mattie Road Shell Beach, California 93449 m

0 Atomic Safety and Licensing Appeal Panel Joel R. Reynolds,*Esq.

U.S. Nuclear Regulatory Commission John R. Phillips,'Esq.

Washington, D.C.

20555

  • Center for Law in the Public Interest Atomic Safety and Licensing Board 10951 West Pico Boulevard Panel.

Third Floor U.S. Nuclear Regulatory Commission Los Angeles, CA 90064 Washington, D.C.

20555

  • 2yron S. Georgiou Docketing and Service Section Legal Affairs Secretary U.S. Nuclear Regulatory Commission Governor's Office Washington, D.C.

20555

  • State Capitol Sacramento, California 95814 Mark Gottlieb California Energy Commission David S. Fleischaker, Esq.

MS-18 P.O. B.o_x 1178-73101 Sacramento, California 95825 1111 Howe Avenue Oklahoma City, Oklahoma Richard B. Hubbard MHB Technical Associates 1723 Hamilton Avenue - Suite K San Jose, California 95125 John Marrs, Managing Editor San Luis Obispo County Telegram-Tribune 1321 Johnson Avenue P.O. Box 112 San Luis Obispo, California 93406 Herbert H. Brown Kirkpatrick, Lockhart, Hill, Christopher & Phillips 1900 M Street, N.W.

Washington, DC 20036 Harry M. Willis

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Seymour & Willis 601 California St., Suite 2100 San Francisco, California 94108 Janice E. Kerr, Esq.

Lawrence Q. Carcia, Esq.

1 350 McAllister Street San Francisco, California 94102 Mr. James 0. Schuyler Nuclear Projects Engineer Pacific Gas and Electric Company 77 Brale Street gj i

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San Francisco, California 94016 7BradleyW. Anes f

Counsel fe NRC St m

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