ML20054L623
| ML20054L623 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 07/01/1982 |
| From: | Rawson R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| References | |
| ISSUANCES-OL, NUDOCS 8207080306 | |
| Download: ML20054L623 (11) | |
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Uf41TED STATES OF AMERICA A
fiUCLEAR REGULATORY COMMISS10tl it.
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.BEFORE THE ATOMIC SAFETY AtiD LICEtiSIllG BOARD Co in the flatter of
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L0!iG ISLAt:0 LIGHTitiG COMPAtlY
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Docket tio. 50-322 0.L.
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(Shoreham tiuclear Swer Station,
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Unit 1)
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tiRC STAFF lilTERIM REPORT Ott ItiVOLVEMEttT OF SAI AtiD f(US AS C0tlTRACTORS FOR THE STAFF On June 24, 1982, the Atomic Safety and Licensing Board raised a concern on the record (Tr. 5348-52) about the possibility that a conflict of interest existed because Applicant's contractor for its Shc eham probabilistic risk assessment, Science Applications, Inc.
(SAI), has also served as a subcentractor for the flRC Staff on certain The Board requested aspects of the, Staff's. systems interaction program.
a report from the Staff as to whether sal's involvemen't in these matters
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creates a conflict of interest or a situation where there might not be complete separation between the preparation of an application and the Staff review of that application. The Board further requested a report as to why facts material to these matters were not disclosed to the Board.
The Staff's interim report on these questions, based on matters. orally related to Staf f counsel, is set forth below.
Further investigation and analysis is continuing and a final report will be made to the Board when that prccess is completed. Because the Board may have similar concerns abcut tiUS, the Staff has also initiated a review of its 8207080306 820701
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SAI is a large firm specializing in technology research and regulatory matters. The Staff has used SAI as a contractor for many projects in the past and has many current contracts with SAI. A list of all past and present NRC commercial contracts with SAI is attached.
Three specific aspects of the relationship between the Staff and SAI may be of particular interest to the Board. First, SAI has acted as a subcontractor (under Lawrence Livermore Laboratory) for two generic reports to the Staff on methodologies for analyzing systeins interactions in nuclear power plants. Second, SAI has acted as a subcontractor (again under Lawrence Livermore Laboratory) assisting the Staff in its analysis of the systens interaction study done by PASNY for Indian Point Unit 3.
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Third, SAI has a cont'ract with the Division of Licensing, NRR, to supply services to the Staff in connection with licensing issues. Tasks performed under this contract relate to NMSS rather than NRR and bear no relation to Shorehani.
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The Staff is obtaining the details of these contracts and will provide further information to the Board. At this time, however, it appears that none of these contracts, including the three highlighted above, have any relationship to the Staffs review of Shoreham or the Staff's testimony in the Shoreham proceeding.
SAI appears to have
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A complete investigation of the Staff's contractual relationships with SAI and NUS is a lengthy and complex undertaking.
In addition, certain of the Staff members involved in this investigation are also involved in preparing testimony for this proceeding. A final report on these matters will be submitted as soon as possible.
. played no role, direct or indirect, in the Staff's analysis of the Shoreham application and certainly was not involved in the preparation of the Staff's testimony for this proceeding.
The Staff's contractor review process is designed to avoid any possibility that a conflict will be created by Staff contracts.
Prior to the awarding of a contract, the Staff reviews the nature of work being done by the prospective contractor for industry members or other organizations which may have some contact with the Staff on the natters involved in the contract. This review is comprised of a formal analysis of the prospective contractor's work supplemented by any available input from cognizant Staff members regarding the prospective contractor's other activities. This review process does not end with the awarding of the contract.
Contractors are obligated to inform the Staff of subsequently-acquired work which may involve issues relating to the contractor's work for the Staff.
If a conflict of interest appears, a contract is not awarded; if the conflict arises during the term of the, contract, appropriate remedial actions are taken.
Parties to NRC adjudicatory proceedings, including the Staff, have an obligation to bring to the attention of adjudicatory bodies information that is relevant and material to the matt'ers being adjudicated.
See generally Tennessee Valley Authority (Browns Ferry Nuclear Plant, Units 1, 2 & 3), ALAB-677, 15 NRC (1982); Duke Power Co. (William B. McGuire Nuclear Station, Units 1 and 71, ALAB-143, 6 AEC 623, 625 (1973). On the basis of the facts as presently known, the Staff believes that the involvement of SAI as a contractor for LILCO on the Shoreham PRA and as a subcontractor.for the Staff on certain systems interaction matters does not create a situation of conflict of interest or of a situation of less t
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, thar complete separation between application preparation and Staff review of that application, nor does it appear to be information material to the mattersbeipgadjudicatedhere.2/
LILCO's contractcia in this proceeding have discussed PRA generally and the Shorehan PRA and have taken the position that probablistic risk assessment te.hn{ a;es provide the best way of resolving systems interaction problems. The Staff has offered no testimony on the specific subject of PRA or the Shoreham PRA. SAI has been involved in analyzing systems interaction techniques generically for the Staff. However, the positions taken by SAI in that analysis have not been adopted by the Staff and are not reflected in the Staff's testimony in this proceeding.
The Staff is continuing to investigate and analyze the facts concerning its relationship with SAI and NUS regarding the issues of PRA and systens interaction.
Respectfully submitted, hd w
Richard J. Rawson Counsel for URC Staff Dated at Bethesda, Maryland this 1st day of July, 1982
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The' Staff draws the same conclusions with respect to sal's' involvement for the applicant in the Limerick proceeding.
C0fiTRACTS WITH SCIEliCE APPLICATIONS, It1C.
Contract tiumber Title
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ATI49-24)-0087 Assistance in Study on GESMO AT(49-24)-0119 Consulting Assistance for GESMO
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AT(49-24)-0121 Quantitative Evaluation of Safeguard -
Systems Component Test and Maintenan:e Allowed Outage Times AT(49-24)-0294 Analysis of Guides and Regulations With Material Control Performance Criteria AT(49-24)-0332 Study to Develop Intergrated Systems Concepts for Safeguards AT(49-24)-0388 Security from Internal Threat tiRC-02-77-023 Technical Assistance in Revising the Draft Safeguards Supplement to GESMO tiRC-03-77-059
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A Quantitative Approach to Estaolish LCO for ECCS Outage tiRC-02-77-061 Security Force Collusion g
tiRC-02-77-185 Analysis of Small-Group Encounter Experience 2
liRC-02-77-200-03 Support of the De' cision on Mixed Oxide -
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Fuel (MOX)
- tiRC-02-77-201-02 (BOA)
Regulatory Frc.mework for fluclear Waste Management tiRC-02-78-026 Tatle S-3 Rulemaking - Expert Testimony tiRC-02-78-045 Stydy of Consumer Products Containing Radioactive Material tiRC-02-78-049 Analysis of Material Accounting Practices at a Specific tiuclear Facility tiRC-02-78-073 Collusion in fluclear Fuel Cycle Facility Security Forces fiRC-02-78-077 Material Control and Accounting Performance Rule Development 4
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CONTRACTS"WITH SCIEtiCE APPLIC'AT10iiS, ItiC
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Cor, tract fiumber Ti tle tiRC-03-78-161 Feasibility of Salancing Light Water Reactor Safety Risks Against Occupational Radiation Exposure Risks liRC-04-78-199 Scoping Study - Spent Fuel Transport -
Accidents liRC-17-78-468 Analysis of British Views on Making Proliferation Resistance Fuels for Breeder and Thermal Reactors f(RC-02-79-028 Development of Improved Techniques for Analyzing Material Control and Accounting Data tiRC-02-79-029 Licensing Assistance Tailings Management Program Technical Evaluation liRC-02-79-032 Waste Management - Systems Analys,is of Shallow Land Burial liRC-02-79-035 Safeguards for High Level Waste.
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Repositories ifRC-02-79-043-01 Bulk Material Centrol fiRC-02-79-044 Analysis of LEID Calculations at a
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Specific'tiu~ clear Facility HRC-01-80-001 Study of the Parameters that Affect NDA Measurement Response and the Development of Design Specifications to Minimize Their Effect HRC-02-80-027-01 (B0A)
Lic.ensingAssistance/Environmentalimpact Statement Preparations tiRC-02-80-035 (B0A)
Licensing Technical Assistance NRC-02-80-035-01 Licensing Technical Assistance / License Renewal, Exxon Fuel Fabrication Plant, Richland, Washington
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NRC-02-80-035-02 Licensing Technical Assistance / Increase UF6 to UO2 Conversion Capacity - Combustion Engineering, Inc. Fuel Fabrication Plant, Hematite, Missouri
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- CONTRACTS WITH SCIEtiCE APPLICATI0!is, IllC.
j' Contract tiumber Title I
tiRC-02-80-035-03 Licensing Technical Assistance / Increase UF6 to U02 Conversion Capacity - General Electric Fabrication Plant, Wilmington, tiorth Carolina
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liRC-02-80-035-04 Licensing Technical Assistance / Install
.. t Incinerator - General Electric Fuel Fabrication Plant, Wilmington, fiorth
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Carolina e
liRC-02-80-035-05 Licensing Technical Assistance / Structural (Seismic) Analysis of Spent Fuel at West Valley, tiew York liRC-02-80-035-06 Licensing Technical Assistance / Environmental Assessment Relative to Operations of the Battelle Memorial Institute at West Jefferson, i
Ohio r
tiRC-04-80-178 Fuel Cycle Project Review Alternative Processes for TMI-2 Kr-85 f1RC-19-80-472
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Removal t
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liRC-02-81-040 In-Process Control of Special fiuclear i
Material (StM)
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i tiRC-02-81-045 EnvironmentalAss3ssmentofRaffinateStudy' t
Disposal at the Kerr-McGee Sequoyah Facility, Gore, Oklahoma r
l liRC-02-81-050 Environmental Assessment of Low Level Waste Storage at TVA Browns Ferry liuclear Plant t
in Limestone County, Georgia liRC-02 81-051 Senfinar on SAI Systems Model 1
l fiRC-02-81-053 Environmental Assessment for Low Level Waste Storage at TVA Sequoyah fiuclear Plant
^ Environmental Assessment Relative to the liRC-02-81 054 Union Carbide Application for Renewal of i
i License lio. SfM-639 l
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I CONTRACTS WITH SCIEliCE APP 4.ICATIONS', It4C'.,
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NRC 02-81-057 Environmental Astessment of Radioactive -
Waste Stabilization Project at the.Amax Site, Wood Coanty, West Virginia :
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NRC-02-81-058 Environmental Im?act Assessment Relative to the General Electric Company Special Nuclear Material dic.ense No. SIN-1097 Renewal Action Environmental Impact Assessment Relative NRC-02-81-060 to the Combustion Engineering's (CE)
Special Nuclear Materiti License No. SNM-33 Renewal Action
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1 HRC-02-81-064 Environmental Assessment of low-Level Waste Storage at Pennsylvania Power and
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Light Company - Susquehanna Steam Electric Station 1
NRC-02-82-026-07 (BOA)
Environmental Assessments and Impact
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Statements for Low-Level Waste Disposal Facilities NRC-03-82-096 fC3MF Technical Assistance in Support of NRC Reactor Licensing Actions-Program III 8
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BEFORE THEs ATOMIC SAFETY AND LICENSING BOARD l,
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Docket No. 50-322
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LONG ISLAND LIGHTING COMPANY i
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(Shoreham Nuclear Power Station, Unit 1)
CERTIFICATE OF SERVICE t! hereby certif thatecopies of "NRC STAFF INTERIM REPORT ON INVOLVEMENT OF SAI AND NUS AS CONTRACTORS-FOR THE STAFF" in the above-captioned proce2 ding have'been. served on the'following by. deposit in the United 4tates ma'il,; fir'st cliss, or, ast ndicated by an asterisk, through i
dep^ sit iq' the Nuclea[',Re'gulatory Commission's internal mail systen, or, as indi, cat (d yy dcuole asterisks, by express mail on the 2nd day of July, tivis 1st day ot-July,1532:
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f Lawrence' Bre ner, Esq.* '
Rqbh Shapiro, Esq.
Administrative' Judge ' Z l._ 'I r Ca iner' and Shapiro Atomic Safety and Licensing Board 9 ' East 40th Street
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U.S. Nuclear Regulctory Commission Jew York, NY 10016 Washington, D.C.
20555 Dr. James L. Carpenter'*
s Howard L. Blau, Esq.
4 Administrative Judge Atomic Safety and Licensing Board.
217 Newbridge Road U.S. Nuclear Regulatory Comissioh
~Hicksville, NY 11801 Washington, DC 20555 Dr. Peter A. Morris *
- W. Taylor Reveley III, Esq.
Administrative Judge Hy'hton & Williams
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.0. Box 1535 4
P Atomic Safety and Licensing Board Richmond,,VA 23212 U.S. Nuclear Regulatory Commission Washington, DC 20555
- 0r. Walter H. Jordan Matthew J. Kelly, Esq.
Administrative Judge Staff Counsel New York Public Service Comission 881 W. Outer Drive 3 Rockefeller Plaza Oak Ridge, TN 37830 Albany, NY 12223
it Stephen B. Latham, Esq.
John F. She'a, III, Esq.
Herbert H. Brown, Esq.
Twomey, Latham & Shea Lawrence Coe Lanpher, Esq.
Attorneys at Law Karla J. Letsche, Esq.
P.O. Box 398 Kirkpatrick, Lockhart, Hill, 33 West Second Street Christopher & Faillips Riverhead, NY 11901 1900 M Street, N.W.
8th Floor Washington, D.C.
20036 Atomic Safety and Licensing Board Panel
- Docketing and Service Section*
U.S. Nuclear Regulatory Commission Office of the Secretary Washington, D.C.
20555 U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel
- U.S. Nuclear Regulatory Comission Washington, DC 20555 0.Y~
it ard J. Rdwson Counsel for NRC Staff i.
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COURTESY COPY LIST Edward M. Barrett, Esq.
Mr. Jeff Smith General Counsel Shoreham Nuclear Power Station Long Island Lighting Company P.O. Box 618 250 Old County Road North Country Road Mineola, NY 11501 Wading River, NY 11792 Mr. Brian McCaffrey
- MHB Technical Associates Long Island Lighting Company 1723 Hamilton Avenue 175 East Old Country Road Suite K Hicksville, New York 11801 San Jose, CA 95125
- Marc W. Goldsmith Hon. Peter Cohalan Energy Research Group, Inc.
Suffolk County Executive 400-1 Totten Pond Road County Executive / Legislative Bldg Waltham, MA 02154 Veteran's Memorial Highway Hauppauge, NY 11788 David H. Gilmartin, Esq.
Suffolk County Attorney Mr. Jay Dunkleberger County Executive / Legislative Bldg.
New York State Energy Office Veteran's Memorial Highway Agency Building 2 Hauppauge, NY 11788 Empire State Plaza Albany, New York. 12223 s.
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