ML20071N403

Motion for Indefinite Continuance of Proceeding.Need for Steam Generator Replacement Alleviated Due to Better than Expected Corrosion Performance of Steam Generator Tubes. Future Rate of Corrosion Unpredictable.W/Certificate of Svc

ML20071N403
Person / Time
Site:	Palisades
Issue date:	10/05/1982
From:	Steptoe P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OLA, NUDOCS 8210080082
Download: ML20071N403 (6)

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., 10/5/82 UOLKETED T UNITED STATES OF AMERICA "C NUCLEAR REGULATORY COMMISSION ..

ATOMIC SAFETY AND LICENSING BOARD M -7 P2 :40 CFFICE OF SECRETARY Before Administrative Judges 00CHETt g SERvfCC James A. Laurenson, Chairman Dr. George C. Anderson Dr. M. Stanley Livingstca In the Matter of ) Docket No. 50-255-OLA

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CONSUMERS POWER COMPANY )

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(Palisades Nuclear Power Facility) )

LICENSEE'S MOTION FOR AN INDEFINITE CONTINUANCE In 1978, Consumers Power Company (" Licensee")

filed an application with the NRC seeking permission to remove and replace the plant's steam generators. On July 23, 1979 the Licensing Board issued a Special Pre-hearing Conference Order in this matter which admitted Great Lakes Energy Alliance ("GLEA") as a party.

On June 23, 1982, this Board issued an Order requiring each party to the proceeding to file a statement

! on or before July 12, 1982 concerning the status of this proceeding. Licensee and NRC Staff filed such state-ments; GLEA did not respond to the Order.

On September 21, 1982 the Board held a prehearing l conference in St. Joseph, Michigan to inquire further into the status of the steam generator replacement proposal and

( B210000082 B21005 I PDR ADOCK 05000255 2 -

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the future course of this proceeding. Licensee and the NRC Staff attended but no representative of GLEA appeared.

The Staff moved to dismiss GLEA for its failure to appear.

(Tr. 206-208).

At the close of the September 21, 1982 prehearing conference the Board indicated that it would issue an Order to GLEA to Show Cause why this proceeding should not be dis-missed for want of prosecution by GLEA. Such an Order was in fact issued on September 23, 1982. In addition, at the prehearing conference the Board directed Licensee to file within two weeks this motion formally setting forth Licensee's request for an indefinite deferral of this proceeding. The Board indicated that it would rule first on whether this proceeding should be dismissed due to GLEA's lack of prosecution; if the proceeding is not to be dismissed on this ground, the Board will consider whether to grant or deny Licensee's motion for an indefinite deferral. (Tr. 212-213).

The considerations underlying Licensee's request for an indefinite deferral of this proceeding have been set forth in Licensee's response to this Board's Order dated l June 23, 1982 and were thoroughly explored by the Board in

! the September 21, 1982 prehearing conference. They need not i be extensively rehearsed here. The need for steam generator l replacement has been alleviated due to the better than l expected corrosion performance of the steam generator tubes in recent years. (Tr. 179-180). Unfortunately, there are substantial' uncertainties in predicting the future rate of I

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O i corrosion in the Palisados steam generators. These un-certainties are compounded by the failure of two tubes in March, 1982 due to a kind of corrosion never before observed at Palisades. OTr. 180-82) The first time Licensee is likely to have substantially more information concerning the corrosion mechanism which caused these steam generator tube failures will 4

be in 1984, after the results of steam generator tube inspections made during the next refueling outage become available. Licensee is making every effort to prolong the life of the steam generators at Palisades. OTr. 179) Licensee does not want 4 to commit to the substantial expense and occupational exposure associated with replacing the steam generators until such time as it becomes necessary. (Tr. 185, 189).

Under the circumstances, Licensee is unable to predict with confidence the probable future date of replacement of the Palisades steam generators. The Company respectfully requests that this proceeding be deferred indefinitely, if it is not dis-missed due to GLEA's lack of prosecution. Such a deferral, rather than withdrawal of the application, would appear to be of some advantage to Licensee in the event that the rate of corrosion damage accelerates in the future, rcquiring

. speedy processing of its application. The primary advantage lies in the fact that the initial stages of an NRC ad-judicatory proceeding have already been accomplished and would not need to be repeated, thus avoiding unnecessary delay.

1' It should be clear from this motion, and from Licensee's statements at.the prehearing conference, that the delay in this docket has been and continues to be the res-ponsibility of the Licensee. It is not attributable to any lack of diligence on the part of the NRC.

Respectfully submitted, b4 P . _M'.colo1 Philip 5P. Steptoe\ h Agg One of the Attorneys for Consumers Power Company Isham, Lincoln & Beale 3 First National Plaza Chicago, Illinois 60602 (312) 558-7500 Dated: October 5, 1982 1

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5 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges James A. Laurenson, Chairman Dr. George C. Anderson Dr. M. Stanley Livingston In the Matter of ) Docket No. 50-255-OLA

)

CONSUMERS POWER COMPANY )

)

(Palisades Nuclear Power Facility) )

CERTIFICATE OF SERVICE I, Philip P. Steptoe, one of the attorneys for Consumers Power Company, hereby certify that a copy of

" Licensee's Motion For an Indefinite Continuance" was served upon all persons shown in the attached service list by deposit in the United States mail, first class, this 5th day of October, 1982. n fi .

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\ J A u PhiI'ip P. Steptoe

. AfW

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SUBSCRIBED ND SWORN be fore me this day of October, 1982. .

auAV x' a w a ,a w v Notary Public Ey Commission Expires January Ig isoJ

. . _ . . . .- = . -. - . -

SERVICE LIST

, l' James A. Laurenson, Esq., Chairman

. Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. M. Stanley Livingston Administrative Judge Atomic Safety and Licensing Board _

U.S. Nuclear Regulatory Commission

, Washington, D. C. 20555 Dr. George C. Anderson Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing. Board U.S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety and Licensing Appeal l Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Judd L. Bacor_, Esq.

Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 i

Great Lakes Energy Alliance c/o Ms. Mary Sinclair 5711 Summerset Drive Midland, Michigan 48640 Docketing and' Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D. C. 20555 l

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