ML20058D796
| ML20058D796 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 07/23/1982 |
| From: | Gallo J CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8207270369 | |
| Download: ML20058D796 (6) | |
Text
-. -. -
7/23/82
. g.
DXF TQ t or UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
.. I BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 7 3gg L
.Tm31 S! ~
5?,; scil In the Matter of
)
)
Docket No. 5'415'S'-OLA 0
CONSUMERS POWER COMPANY
)
(Spent Fuel Pool
)
Modification)
(Big Rock Point Nuclear Power Plant)
)
' ' ' ~ " ' ~ " ' ' ' '
CONSUMERS POWER COMPANY'S REPLY TO JOHN O'NEILL'S MOTION CONCERNING THE 60-TON CASK By letter postmarked July 8, 1982, Mr. John O'Neill filed a motion requesting that the " letter agreement between the NRC staff and Consumers Power concerning the use of the 60 ton cask and the impact pad for the spent fuel pool be formalized, either as a technical specification to the operating license or incorporated into a board order con-cerning the cask drop contention discussion."
Mr. O'Neill's motion, for the reasons explained below, is premature and it should be dismissed without prejudice.
The cask drop issue referred to by Mr. O'Neill is O'Neill Contention II.C. as it relates to the question of whether "the spent fuel pool [is] safe from a rupture which i
might be caused by a drop of a spent fuel transfer cask."
Contention II.C. concerns the spent fuel transfer cask or, as it is sometimes referred to, the 24-ton cask.
This cask is used to transfer fuel from the reactor vessel to the 8207270369 820723 PDR ADOCK 05000155 O
PDR h 0 b-
4 spent fuel pool.
The 60-ton cask is a shipping cask and it is used to ship spent fuel from a reactor site to a storage or disposal site, such as the one operated by the General Electric Company near Morris, Illinois.
The use of a 60-ton shipping cask is presently controlled by a commitment from Consumers Power Company
(" Licensee "), that provides:
[ Licensee has] concluded that the following modifications need not be performed until prior to the time the 60-ton spent fuel shipping cask will again be handled in the plant:
1.
Modification of the crane as described in Section 9.1.1 of the July 1,1974 analysis.
2.
Installation of the energy-absorbing material as described in Section 9.2 of the July 1, 1974 analysis.
In summary, these conclusions are based on the considerations that the 60-ton spent fuel shipping cask will not be utilized in the near future.
/
Licensee assumes that the foregoing documentation constitutes l
the " letter agreement" referred to in Mr. O'Neill's motion.
1/
Consumers Power Company Exhibit No.
2, Appendix I, Item I.4; November 8, 1976 Letter From Ralph B.
Sewell (CPCo) To The Director of Nuclear Reactor Regulation (NRC).
Exhibit No. 2 has been admitted into evidence; however,..neither the Nov.
8, 1976 letter nor the July 1, 1974 analysis referred to therein were admitted (Tr. 773-74 and 722-24).
.. Evidence was taken on Contention II.C. on June 12 during the hearings held in Boyne Falls; Michigan.
During the course of the cross-examination, testimony was elicited with respect to Licensee's use of a 60-ton spent fuel shipping cask (Tr. 2439-42 and 2458-61).
This testimony I
relates directly to the issue raised by Mr. O'Neill's motion, and said issue should therefore by onsidered in the context of the Atomic Safety and Licensing Board's decision on O'Neill Contention II.C.
Findings of fact and conclusions of law on Contention II.C. have been deferred until a ruling has been rendered on the motion to reopen the hearing record filed by Intervenors Christa-Maria, et al. on July 14, 1982.
When this matter has been concluded, a new schedule will be established for findings of fact and conclusions of law.
Mr. O'Neill could, if he so desires, pursue the substance of his motion in his findings on Contention II.C.
Licensee would then address the merits in its reply.
The orderly administration of the judicial process requires that the substance of Mr. O'Neill's motion be addressed in the context of Contention II.C.
Mr.
O'Neill has not offered any reason for separate treatment.
_ _ _ _ m -.
.- Accordingly, the motion is improvidently filed and it should be denied without prejudice.
Respectfully submitted, c -. ). A JL ff oseph Gallo On of e Attorneys for Consumers Power Company ISHAM, LINCOLN & BEALE Suite 840 1120 Connecticut Avenue, N.W.
Washington, D.C.
20036 (202) 833-9730 Dated:
July 23, 1982
)
l 1
i f
L
-, ~. _ - - _. _
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
Docket No. 50-155-OLA CONSUMERS POWER COMPANY
)
(Spent Fuel Pool
)
Modification)
(Big Rock Point Nuclear Power Plant)
)
CERTIFICATE OF SERVICE I hereby certify that copies of CONSUMERS POWER COMPANY'S REPLY TO JOHN O'NEILL'S MOTION CONCERNING THE 60-TON CASK were served on the persons listed below by deposit in the United States mail, first-class postage prepaid, this 23rd day of July, 1982.
Peter B.
Bloch, Esquire Atomic Safety and Licensing Administrative Judge Board Panel Atomic Safety and Licensing U. S. Nuclear Regulatory Board Panel Commission U. S.
Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board Panel Dr. Oscar H.
Paris U.
S.
Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C.
20555 Board Panel U.
S.
Nuclear Regulatory Docketing and Service Section Commission Office of the Secretary Washington, D.C.
20555 U. S.
Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Frederick J. Shon Administrative Judge Atomic Safety and Licensing Board Panel U.
S.
Nuclear Regulatory Commission Washington, D.C.
20555
, Richard J.
Goddard, Esquire Judd Bacon, Esquire Office of Executive Legal Consumers Power Company Director 212 West Michigan Avenue U.
S.
Nuclear Regulatory Jackson, Michigan 49201 Commission Washington, D.C.
20555 Ms. Christa-Maria Route 2, Box 108C Richard G. Bachmann, Esquire Charlevoix, Michigan 49720 Office _ of Executive Legal Director Mr. Jim Mills U. S. Nuclear Regulatory Route 2, Box 108 Commission Charlevoix, Michigan 49720 Washington, D.C.
20555 Ms. JoAnne Bier Herbert Semmel, Esquire 204 Clinton Urban Law Institute Charlevoix, Michigan 49720 Antioch School of Law 2633 16th Street, N.W.
Washington, D.C.
20555 Mr. John O'Neill II Route 2, Box 44 Maple City, Michigan 49664
/
/
..