ML20065H716

Request for Admission of Truth of Relevant Matters of Fact Re Contention 5.Certificate of Svc Encl

ML20065H716
Person / Time
Site:	Midland
Issue date:	08/30/1982
From:	Mark Miller, Niller M CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	SINCLAIR, M.P.
Shared Package
ML20065H697	List: ML20065H694 ML20065H716
References
ISSUANCES-OL, ISSUANCES-OM, NUDOCS 8210050229
Download: ML20065H716 (4)

Text

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8/30/82 p.

l t UNITED STATES OF AMERICA

. NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

.In the Matter of:. )

) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY ) 50-330-OM

) 50-329-OL (Midland Plant Units 1 and 2) ) 50-330-OL CONSUMERS POWER COMPANY'S REQUEST FOR ADMISSION OF THE TRUTH OF RELEVANT MATTERS OF FACT FROM INTERVENOR MARY SINCLAIR Pursuant to 10 C.F.R. 52.742, Consumers Power Company requests that Intervenor Mary Sinclair admit the. )

truth of the following matters of fact relevant to Inter-venor Sinclair's Contention 5. We respectfully remind Inter-venor Sinclair of the 10-day time limit of 10 C.F.R. 52.742(b).

1. Table 4.1 found at page 4-7 of the DES and at page 4-24 of the FES presents the same data as that found in Tables V and VI on pages 53 and 54 of the attached " Cooling Pond Thermal Performance Summary Report; Midland Plant Units 1 and 2," prepared for Consumers Power Company, August 1973,

.with the exception of the deletion of a column entitled Equilibrium Temperature.

2. The data referred to in paragraph 1 of this Request for Admission is the result of analytical and physi-cal thermalhydraulic model studies undertaken to determine the thermal performance of the Midland cooling pond.

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3. The data referred to in paragraph 1 of &is Request for Admission is not derived from studies of cooling ponds in Arizona, New Mexico, or a climatic region of the

, country different from the Midwest. -

4. The NRC analysis of fog and ice generation in the DES and FES was based mostly on data collected at Dresden. (FES at pages 5-6, 9-35, and 9-36)

For each matter of fact which Intervenor denies, Consumers Power Company requests that Intervenor set forth in detail the reasons for such denial.

I es e ull ubmitted, O

V MichaE ' I .'M11.I gf u A &

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NQ Counsel' r Consumers Power Company ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500 L-

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the' Matter of: )

) Docket Nos. 50-329-OM CONSUMERS POWER COMPANY. ) 50-330-OM

) 50-329-OL (Midland Plant Units 1 and~2) ) 50-330-OL CERTIFICATE OF SERVICE I, Michael I. Miller, one of the attorneys for Consumers Power Company, hereby certify that a copy of

" Consumers Power Company's Request for Admission of the Truth of Relevant Matters of Fact from Intervenor Mary Sinclair" was served upon all persons shown in the attached service list by deposit in the United States-mail, first-class, this 30th day of August, 198 e

M chael-s Willb

%%W ISHAM, LIUCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500 i

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SERVICE LIST Frank J. Kelley, Esq. Steve Gadler, Esq.

Attorney General of the 2120 Carter Avenue State of Michigan St. Paul, Minnesota 55108 Carole Steinberg, Esq. . -

Assistant Attorney General Atomic Safety & Licensing l Environmental Protection Div. Appeal Panel 720 Law Building U.S. Nuclear Regulatory Comm.

Lansing, Michigan 48913 Washington, D.C. 20555 Myron M. Cherry, Esq. Mr. C. R. Stephens One IBM Plaza Chief, Docketing & Services Suite 4501 U.S. Nuclear Regulatory Comm.

Chicago, Illinois 60611 Office of the Secretary Wasnington, D.C. 20555 Mr. Tendell H. Marshall RFD 10 Ms. Mary Sinclair Midland, Michigan 48640 5711 Summerset Street Midland, Michigan 48640 Charles Bechhoefer, Esq.

Atomic Safety & Licensing William D. Paton, Esq.

Board Panel Counsel for the NRC Staff U.S. Nuclear Regulatory Comm. U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Washington, D.C. 20555 Dr. Frederick P. Cowan Atomic. Safety & Licensing 6152 N. Verde Trail Board Panel Apt. B-125 Boca Raton, Florida 33433 U.S. Nuclear Regulatory Comm.

Washington, D.C. 20555 Admin. Judge Ralph S. Decker ' Barbara Stamiris Route No. 4, Box 190D Cambridge, Maryland 21613 5795 North River Road Route 3 Freeland, Michigan 48623 Carroll E. Mahaney Babcock & Wilcox Jerry Harbour P.O. Box 1260 Atomic Safety & Licensing Lynchburg, Virginia 24505 Board Panel

, U.S. Nuclear Regulatory Comm.

_ James E. Brunner, Esq. Washington, D.C. 20555 Consumers Power Company 212 West Michigan Avenue Lee L. Bishop Jackson, Michigan 49201 Harmon & Weiss 1725 "I" Street,'NW #506 Mr. D. F. Judd Babcock & Wilcox Washington, DC 20006 P.O. Box 1260 Lynchburg, Virginia- 24505 O

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• UNITED STATES OF ATIERICA NUCLEAR REGULATORY COMMISSION Before the Atom!c Safety and Licensing Board In the Matter of: )

. ) Docket Nos. 50-329 CONSUMERS POWER COMPANY, ) 50-330

)

(Midland Plant, Units 1 and 2) ) Operating License RESPONSE BY TIAPY SInCLAIR TO CONSUMERS POWER COMPANY REQUESTS FOR -

ADTIISSION OF THE TRUTH OF RELEVANT MATTERS OF FACT September 14,1982 The statementsthat are made by the Applicant in their " Request for Ad-mission of the Truth of Relevant Matters of Fact" are not proper statements for admission for the following reas'ons:

1) It is irrelevant and immaterial whether these data are the same as in the report attached because the basis of that study was later discredited and proved unreliable by the actual performance of the Dresden cooling pond which was observed after that study was made. The report itself states tb it the -

average monthly data were devel.oped from data from 1956-1966 (p.21) for the'

. model that was constructed for this study.

On the other hand, the Dresden cooling pond was constructed in 1971 to accommodate Dresden Units II and III which went into operation.'n January,1970, and January,1971, respectively. A description of the cooling pond is in the FES ~

of Dresden II'and III, Section 3.4.3 November,1973. _ Peferring to the Bechtel

'(1973)' study, the_ Midland FES, clearly states that the data on the cooling pond y available to the Staff at the time the FES-CP was prepared "were derived from.

data from observations at cooling ponds with considerably smaller air-water temperature differentials than are now exp'ec ted at the Midland pond.'f(FES 5-6) .

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- FES 5-6 goes on to say that these were " limited observations and that new information has bmome available since that early-study was made. This new.

Information includes the studies of steam fog over cooling ponds by Currier et al.,

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, (FES Bef. 2) in 1974 and Hicks (FES Ref. 3, 4) in 1977 and 1978 and that these models "have been confirmed by observations over operating cooling ponds in Illinois and Arizona." (FES 5-6)

2) It is irrelevant and immaterial to the whole point of my contention that the data referred to in paragraph I of Request for Admission was a study to determine the performance of the TIidland pond, because it was later found to be inaccurate based on the information given in FES 5-G as discussed in para-graph 1. These new data were also brought to the attention of the '.Ildland County Road Commissioner and City Planning Commission by James Carson, meteor-ologist for Argonne Laboratories in September,1978. It is the whole point of my contention 5 that the new data bas.ed on the new and more relevant information should have been used in Table 4il and 4.2, 4-24, 25 of the FES instead of using thermal performance data that were discredited and known to be unrealistic by the Staff itself. .

3) As I stated before, it is immaterial where or how the data was arrived at, although I appreciate seeing the study for the first time. The Staff admits that it is inaccurate and unreliable based on more recent information as discussed in i

paragraph 1.

4) The statement that FRC analysis of fog and ice generation was based "mostly" on data collected at Dresden is ambiguous. Other models (Currier, Hicks, etc.) and other ponds are mentioned in the DES and FES texts . It is difficult to tell on which of these studies or observations their analysis is based.

However on p. 9-19 of the FES, the Staff's comment states that their con-clusion about dense,. frequent fog over Gordonville Road is based primarily on -

observations of steam fog near the cooling pond for the Dresden pond.

It is the point of my contention that the thermal performance tables of the cooling pond should have been developed based on the new data available from various sources in the '70's mentioned in the DES and the FES, rather than relying on thermal performance data from a study that has been demonstrated to be deficient in a significant way, i.e., fog and ice generation. For example, with the knowledge that much denser fog can be expected based on observations 4

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y / at Dresden, etc., than was believed would happen based on the Bechtel model, the total evaporation (Column 3 of Tables 4.1 and 4.2, FES 4-24,25) must be expected to be higher than the Bechtel (1973) tables would indicate. This could also affect the percent imposed heat load lost by evaporation, etc. (Column 4 of Table 4.1 and 4.2)

The Staff also states that the heat load at the Midland pond will be 21?c greater than that at Dresden (FES 9-19). This increased heat load should be reflected in the thermal performance tables of the pond. The amount of water lost through evaporation from this higher heat load can alter significantly the length of time that the pond can remain effective as a cooling source.

This.ls an important economic and safety consideration.

Pespectfully submitted.

r]ssh Mary Sincl@

cc: Charles Bechhoefer, Esq.

Mr. Ralph S. Decker Dr. Frederick P. Cowan Jerry Harbour, Esq.

Secretary, U.S. Nuclear Regulatory Commission Michael I. Miller, Esq.

William Paton, Esq.

Mr. Wendell Marshall Ms. Barbara Stamiris James E. Brunner Lee Bishop

~ Myron Cherry, Esq. -

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