ML20071M236
| ML20071M236 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/24/1983 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| RTR-NUREG-0737, RTR-NUREG-737, TASK-2.F.2, TASK-TM ISSUANCES-0L, ISSUANCES-L, NUDOCS 8305310147 | |
| Download: ML20071M236 (8) | |
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Filed: May 24, 1983 N
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NUCLEAR REGULATORY COMMISSf0N
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before the A
ATOMIC SAFETY AND LICENSING BOARD b@'
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In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket Nos. 50-443 OL HAMPSHIRE, et al.
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50-444 OL
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(Seabrook Station, Units 1 & 2)
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APPLICANTS' ANSWER TO "SAPL's MOTION TO AMEND PETITION TO INTERVENE" The Applicants hereby answer "SAPL's Motion to Amend Petition to Intervene" (hereinafter " Motion"),
2 and say that, for the reasons set forth herein, the Motion should be denied on grounds of timeliness.
i 8305310147 830524 PDR ADOCK 05000443 G
PDR Da 03
s The Proposed Contention SAPL has proposed a very simple contention, namely that a particular piece of paper (or information) has not been submitted to the Staff.
This form of contention does not raise any question regarding the compliance of the Seabrook design with any applicable regulation, nor does it raise any question about the Applicants' compliance with any applicable regulatory standard.
Indeed, it would be -- or will be -- a complete answer to the contention (were it admitted),
that the piece of paper was submitted; this form of contention oces not admit of any contest about the sufficiency of the contents of the piece of paper when and if submitted.
The Contention is Untimely Obviously, the form of contention proposed by SAPL does not require any technical analysis.
One need not learn anything about the Seabrook design, nor need one j
possess any level of technical understanding at all, the lack of which might be urged in support of an excuse for tardiness.
i SAPL's proffered excuse for tardiness is limited to the publication in early March, 1983, of the SER.
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s relies on nothing else.
Yet, as SAPL itself points out, the regulatory requirement for the submission of the piece of paper to which it refers was promulgated on October 31, 1980, some 2h years ago.
The application for the operating license (including the FSAR) was filed in October, 1981, some 19 months ago.
The FSAR constitutes the Applicants' technical submissions to the Staff.
SAPL does not make and it does not attempt any showing that these documents were inadequate to reveal the supposed failure to have made the NUREG-0737, Item II.F.2 submission.
There was, therefore, no need of SAPL to await the summary of open items contained in the SER in order to advance a contention that something was still open.
We submit that it is fundamental that, if there are two or more successive notices of a pessible contention, only the first one can legitimate a late-filed contention under Catawba.1 1"Where, however, the non-existence or public unavailablity of relevant documents made it impossible for a sufficiently specific contention to have been asserted at an earler date, that factor must be deemed controlling...
Duke Power Company (Catawba Nuclear Station, Units 1 and 2), ALAB-687, 16 NRC CCH Nuc. Reg. Rptr. S 30,725, at p.
30,531 (August 19, 1982) (emphasis added)....
s Moreover, even if somehow the SER provided SAPL with the first ability to advance the presently proposed contention,2 the SER was published March 7, 1983.
That was some 70 days before SAPL filed the motion at bar.
Given the utter simplicity of the contention proposed, it is simply inadequate to assert that "This contention is filed as the result of SAPL's ongoing review of the Staff's Safety Evaluation Report, issued in March of this year," which is the entirety of SAPL's proffered justification for tardiness.
SAPL has not offered -- and, frankly we do not see how i t could
-- any explanation for why it took more than two or three months to file a contention to the effect that a particular piece of paper hasn't been filed.
2 SAPL's apparently implicit assertion that it had no notice of this particular matter prior to the publication of the SER is mistaken.
On February 17, 1983, the Yankee Atomic Project Manager for Seabrook wrote to the Staff concerning "the open item regarding NUREG-0737, Item II.F.2," stating, inter alia, that
"[w] hen detailed information on the Inadequate Core Cooling Instrumentation become available, the OL Application will be amended."
A copy of this letter was served on all carties, including SAPL.
(A copy of the letter is attached.)
February 17, 1983 was 88 days -- nearly three months -- prior to the filing of the pending motion by SAPL.
SAPL does not offer any excuse for not proceeding on the basis of this notice, nor could it: l I
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SAPL is Not Without Other Means of Having its Interest Protected If, as SAPL contends, the making of the NUREG-0737, Item II.F.2 submission to the Staff is a regulatory condition precedent to the issuance of an operating license, then there can be no legitimate doubt that the Director of Nuclear Reactor Regulation will not issue the license until the submission has been made.
There is, therefore, no need of litigation on the point in order to protect the interests of SAPL insofar as they are affected by the very limited contention it now proposes, and, a fortiori, it cannot be said that the interests of SAPL in this regard will be wholly unprotected if the scope of litigation is not opened up to include this issue.
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"[A}n intervention petitioner has an ironclad obligation to examine the publicly available documentary material pertaining to the facility in question with suffic. dent care to enable it to uncover any information that could serve as the foundation for a specific contention."
Catawba, op. cit.,
supra, at p.
30,530.
Conclusion For the foregoing reasons, SAPL has failed to satisfy the requirements of 10 CFR $ 2.714 regarding late-filed contentions, and this motion should be denied.
Respectfull
- ubmitted,
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Thomas G.
D' nan, Jr.
R.
K.
Gad I I Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Telephone:
423-6100 Dated:
May 24, 1953 i
1 1
CERTIFICATE OF SERVICE I,
Robert K.
Gad III, one of the attorneys for the Applicants herein, hereby certify that on May 24, 1983, I made service of the within " APPLICANTS' ANSWER TO 'SAPL's MOTION TO AMEND PETITION TO INTERVENE'" by mailing copies thereof, postage prepaid, to:
Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety and Licensing Coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S.
Nuclear Regulatory Hampton, NH 03842 Commission Washington, DC 20555 Dr. Emmeth A.
Luebke William S.
Jordan, III, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.
U.S.
Nuclear Regulatory Suite 506 Commission Washington, DC 20006 Washington, DC 20555 Dr. Jerry Harbour Dana Bisbee, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S.
Nuclear Regulatory 208 State House Annex Commission Concord, NH 03301 Washington, DC 20555 Atomic Safety and Licensing Roy P.
- Lessy, Jr.,
Esquire Board Panel Office of the Executive Legal U.S. Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel 116 Lowell Street U.S.
Nuclear Regulatory P.O.
Box 516 l
Commission Manchester, NH 03105 Washington, DC 20555 Philip Ahrens, Esquire Anne Verge, Chairperson Assistant Attorney General Board of Selectmen Department of the Attorney Town Hall General South Hampton, NH Augusta, ME 04333 - - _ - -
David L.
Lewis Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General i
Board Panel Environmental Protection Bureau U.S.
Nuclear Regulatory Department of the Attorney General Commission one Ashburton Place, 19th Floor Rm. E/W-439 Boston, MA 02108 Washington, DC 20555 Mr. John B.
Tanser Ms. Olive L.
Tash Designated Representative of Designated Representative of the Town of Hampton the Town of Brentwood 5 Morningside Drive R.F.D.
1, Dalton Road Hampton, NH 03842 Brentwood, NH 03833 Roberta C.
Pevear Patrick J. McKeon Designated Representative of Selectmen's Office the Town of Hampton Falls 10 Central Road Drinkwater Road Rye, NH 03870 Hampton Falls, NH 03844 Mrs. Sandra Gavutis Calvin A.
Canney Designated Representative of City Manager the Town of Kensington City Hall RFD 1 126 Daniel Street East Kingston, NH 03827 Portsmouth, NH 03801 Ruthanne G.
Miller, Esquire Mr. Angie Machiros Law Clerk to the Board Chairman of the Atomic Safety and Licensing Board of Selectmen Board Town of Newbury U.S.
Nuclear Regulatory Newbury, MA 01950 Commission Washington D.C.
20555 Dr. Maury Tye, President Sun Valley Association 209 Summer Street Haverhill, MA 01830
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February 17, 1983 S.D. Floyd AEER J.L Ef.nia W.N. Faddes":
33g-472 G.F. WM P.L. Anderson T.F. 57.1.2 D.E Marril.1 D.E. Moody N
R.P. PW United States Nuclear' Eagulatory Commission
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- Washington, DC 20555 Projecte-SLA IUi
- IG"dl At.tsntion:
Mr. George W. Enighton, Chief A*3" Licensing Eraoch.3 J.W. Singleton Division of Licensig T.F B7.1.2 efstancs:
(a) Construction Permits CPPR-135 and CPPRO, a
Decket Nos. 50-443 and 50-4*4
Subject:
Open Item Response: (51F 4.4; Core Performance Bracch)
Dest Sir:
In response to the open iteen regardig WUREG-0737, Item II.F.2, Instrumentation far the Detection of loadequate Core Cooling, we have enclosed a commitment to utilize the following instrumentation:
o 3eactor Coolant Inventory Monitor a
Saturation Monitor o
Care Exit The mocouples
' ban decoiled inf ormation on the Inadequate Core Cooling Instrussentatico becomes available, the CL Application will be amended.
Very truly yours, YANKEE ATOMIti' ELECTRIC COMPANY
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ASI.s SERVICE 1.IST Philip Ahrens. Esquire Assistaat Attorney Genersi Departmcat of the Attorocy General Agusta, ME 04333 sepresentative Beverly Hollireworth Coaatal Chamber of Conocree 209 Winmacuanct. Road llampton, NW 03842 Willian 5. Jordan, III, Esquire Barmoa & Weiss 1725 I Street, N.W.
Seite 506 Washiegton, DC 20006 E. Tapper Kinder Esquire Assistant Attorney General Office of Ebc Attorney Cencral 208 State lioase Annex Concord, Hit 03301 Robert A. Backus. Esquire 116 !.cucIt Street P.O. sox 516 Manchester, NH 03105 Edward J. McDermott, Esquire Sanders and Mc0craccc Professional Association 408 1.afayette Asad Hampton, MH 03342 Jo Ann Shotwil, Esquire Assistant Actorney Cencral Envirernme=tal Protection dureau Department of the Accorney Cc cral Coe Ashburton Place, 19th Floor Bos t on, MA 0:103
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4.4 1CC Instrummentation i
Instementation that will be available to provide an unambiguous, easy-to-interpret indication of inadequate core cooling (ICC) includa:
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!) Easetor coolant inventory manicor
- 2) Saturation monitor
- 3) Core emit thermocouples j
We atu in the process of selecting the instrumentation that will meet the requirements of the NRC latter, dated November 9,1979(Saturation monitor, itan 2.1.3.b) and.WEEG 0737 (Instrumentation for dacection of inadequate core cooling (ICC), item II.F.2) with addit emal clari '
i fication for the reactor coolant inventory monitor in fRC Ceneric Lattar $2-28, dated December 10,1982 (Inadequate Core Cooling Instru-mentation Systan). The follouing is the available information on the ICC instrumentation.
Detailed design information, including the information required by the don =*ats previously mentioned, will be provided when it is available.
t) Reactor coolane inventory monitor The Westingbossa Reactor Vessel Invel Instrumentation System (RVLIS) and the Combustian Engineering Heated Janettaa Thermocouple System (BJTC) are being evaluated for selection,of a reactor vessel inventory systse. As these systans operate on entirely different principlea, further information cannot be provided until a system is selected.
- 2) Saturation Monitor The saturation nocitor will receive inputs from redundaat, safety grade, hot leg tenperature and reactor coolant pressure instru:ments as well as core exit thermocouples. There vill be a dedicated display to indicate the saturation margin. A pressure-camperature display with a saturatica curve will also be available on the planc ecuputer.
The device to calculate the saturatico margin has not been selected as the decision may be affected by the reactor coolant inventory monitor selecti=n.
- 3) Core Exit Ther neconsples Core exit temperature is acuitored by thermocouples that are part of l
the fixed / moveable incore detector systen. There are 58 thernacouples motm2ted at the tip of the betten entry detector atting, about 2 inches above the fuel.
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All of the thermocouples will be displayed on a spatially oriented core map generated by the plant emputer.. The display as wil as direct readout, hard copy. crends, and -1~tive redings will be available on h d.
Appropriate alarms will be available on the l
Video Alarm System (VAS).
A safety grade Whip display will be provided where the readings of at least 16 thermocouples, 2 per quadrant: per train, can be obtained in less than 6 minutes. The heberi display method has not been determined as the decision may be affected by the reisctor coolant inventary monitor selectica.
2e integration df all of the ICC instrsmentation into the Seabrook Statica will include coesideracia of bupan factors relacing to use during normal and abnormal conditions integratima into the emergency procedures and operator training and the; relation to other alarms and indications.
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