ML20071A131

Exceptions to ASLB 830204 Initial Decision.Affidavit of Mailing Encl

ML20071A131
Person / Time
Site:	Point Beach
Issue date:	02/14/1983
From:	Patricia Anderson WISCONSIN'S ENVIRONMENTAL DECADE
To:	NRC COMMISSION (OCM)
References
NUDOCS 8302180427
Download: ML20071A131 (4)

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~Myy UNITED STATES OF AMERICA ag3 WB 17 no:48 BEFORE THE NUCLEAR REGULATORY COMMISSION s  : . . . .r .

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Wisconsin Electric Power Company POINT BEACH NUCLEAR PLANT UNITS 1 & 2 DOCKET NOS. 50-266 AND 50-301 Operating License Amendment (Steam Generator Tube Sleeving Program)

DECADE'S EXCEPTIONS TO THE BOARD'S INITIAL DECISION Pursuant to 10 C.F.R. S2.762, Wisconsin's ' Environmental Decade, Inc. (" Decade"), hereby takes an appeal from the Initia.1 j

Decision of the Atomic Safety and Licensing Board ("Bo a r d") , .

dated February 4,1983, in the above-captioned matter, and f rom tne interlocutory orders which are ennumerated herein.

The errors of fact and law, and the related portions of the decision and interlocutory orders to which exceptions are taken, are as follows:

A. March 19, 1982 Mamarandum_And Order

1. Hgg Issues. The Board unlawfully restricted the l Decade's right to raise new issues after previously assuring the intervenor that such restrictions would not be imposed. Orde.L at pp. 1 to 5.

B. April _222_llBl_ Memorandum _ add Order

1. Thermal Shock. The Board improperly excluded the interrelated effects of pressurized thermal shock to steam generator tube failures from discovery and the proceeding. See

&JQh Order, at pp. 1 to 7. 8302180427 830214 PDR ADOCK 05000266 9 PDR

C. October 1, lEB2_Bemorandum_and_Qrder

1. Excluded Contentions na EeleEancy Grounds. The Board unlawfully excluded on grounds of relevancy contentions relating to the ef fect of steam generator tube f ailures during accident ano norma.L operating conditions, leaking plugs during accident conditions and reactor vessel embrittlement. See Order at pp. 7 to 8.

2. Excluded Contentions on Grnunds of En Gannine Issue.

The Board unlawfully excluded contentions relating to the corrosive environment in the annulus, quality assurance, under and over expanded sleeves, loose parts, and expansion joints in corroded areas. See Order, at pp.15 to 17.

D. February 4, 1983 Initial Decision

1. Regree of Assurance. The Board unlawfully and

. incorrectly rejected the Decade's claim that it was necessary as a matter of fact and law to first determine the degree of assurance to anticipate steam generator tube f ailures that is l

required in order to protect the public health and safety before it proceeded to determine whetner the level of assurance shown was adequate. Sgg Decision, at p. 5 n. 8.

2. Beliability of Eddy Current Testing. The Board incorrectly found as a matter of fact that the detection capability of eddy current tests ("ECT") was sufticient to insure that large tube ruptures f rom stress corrosion cracking is not likely. The Board did not make a finding as to the suf ticiency of ruptures unrelated to stress corrosion cracking or to the sarety significance of multiple tube ruptures that are not wtroMMutMOL-3

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individually "large" (assuming that the Board intends to use the i

undefined and qualitative word "large" as the threshold for '

l primary-to-secondary or secondary-to-primary leakage in excess of technical specifications). Sgg Decision, at pp. 13 to 17.

3. Sleeved Tubes. The Board incorrectly found as a matter of fact tnat sleeved. tubes decrease the chance of leakage anc increases detectibility of defects in the sleeve. The Board did not make any finding as to the eftect of the sleeve on the detectibility of defects above the upper joint of the sleeve.

Sgg Decision, at pp.18 to 23.

4. Alleged Additi2nal Safety Eastors. The Board incorrectly f ound as a matter of f act that seven other f actors provide adequate protection from steam generator tube failures. ,

Sag Decision, at pp. 23 to 33.

5. Authorisation. The Board improperly authorized the issuance of a license amendment for f ull scale sleeving. Sag Decision at p. 34 to 35.

l l DATED at Madison, Wisconsin, thisf_ day of February, 1983.

W N'S ENVIRONMENTAL DECADE, INC.

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l by P P A' SON i Co-Director l 114 North Carroll Street Suite 208 Madison, Wisconsin 5.3703 (608) 251-7020 m assaavu ue w L

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'83 FE917 m0:48 Wisconsin Electric Power Company sij[d : E '

POINT BEACH NUCLEAR PLANT UNITS 1 & 2 DOCKET NOS. 50-266 AND 50-301 Operating License Amendment (Steam Generator Tube Sleeving Program)

DECADE'S EXCEPTIONS TO THE BOARD'S INITIAL DECISION AFFIDAVIT OF MAILING STATE OF WISCONSIN)

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COUNTY OF DANE )

CAROL PFEFFERKORN, being duly sworn on oath, deposes and states that on February 14, 1983, she p'ersonally deposited into the United States First Class Mails, a copy of the Decade's

- Exceptions to the Board's Initial Decision, in the above-captioned matter, to the following Service List.

Atomic Safety and Licensng Bruce W. Churchill Board Shaw, Pittman & Potts l Attn: Peter B. Bloch, Ch. 1800 M Street, hM l Dr. Jerry R. Kline Washington, DC 20036 U. S. Nuclear Regulatory Commission Washington, DC 20555 Richard G. Bachmann, Esq.

US Nuclear Regulatory Comm.

Washington, DC 20555 Dr. Hugh C. Paxton 1229 41st St.

Los Alamos, New Mexico 87544 g l i

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u i Carol Pfeff $~

Subscribed and sworn to before me this 14tn day of February, 1983.

WYO- _U du v- - - - h kUs -

l Notary Public, State of Wisconsin My commission is permanent.

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