ML20072C636

Motion Requesting ASLB to Adopt Encl CP Hearings Schedule. NRC Concurs W/Schedule.Certificate of Svc Encl

ML20072C636
Person / Time
Site:	Clinch River
Issue date:	03/07/1983
From:	Edgar G, Luck W ENERGY, DEPT. OF, PROJECT MANAGEMENT CORP.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8303080497
Download: ML20072C636 (17)

Text

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3/7/83 i*

UNITED STATES OF AMERICA NUCLEARREGULATORYCOMMI[SSIN D

BEFORE THE ATOMIC SAFETY AND LICENS N ARD

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sb s-g p,P In the Matter of

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UNITED STATES DEPARTMENT OF ENERGY )

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rp PROJECT MANAGEMENT CORPORATION

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Doc e't No. 50-537

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TENNESSEE VALLEY AUTHORITY

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(Clinch River Breeder Reactor

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Plant)

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APPLICANTS' MOTION CONCERNING SCHEDULE FOR CONSTRUCTION PERMIT HEARINGS The United States Department of Energy and Project Management Corporation, for themselves and for the Tennessee Valley Authority (the Applicants), hereby file this Motion Concerning Schedule for Construction Permit (CP) Hearings, and request that the Board adopt the schedule recommended herein.

On August 6, 1982, the Applicants filed a request for a limited work authorization-2 (LWA-2) to permit the conduct of safety related construction activities for the reactor building foundation.

At that time, the schedule fryr NRC and ACRS review was such that a CP decision was projected for June of 1984.

Given that Applicants projected completion of site preparation activities in the fall of 1983, the LWA-2 request was deemed

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• necessary in order to avoid a discontinuity between site prepara-tion and safety-related construction activities.

Subsequently, the Applicants were advised that the Staff's review and the ACRS review could be completed in March and April of 1983, respec-tively.

In light of this, and the fact that Applicants now contemplate completion of site preparation activities in December of 1983, it is desirable from Applicants' perspective to proceed to completion of Construction Permit hearings without resort to I

an LWA-2.

Upon conferring with Intervenors and the NRC Staff, Applicants were advised that neither party objected to completion of the proceedings in a single phase.

Further, the scope of contested issues associated with the August 6, 1982 LWA-2 request 1

(portions of contentions 1, 2,

and 3, and contention 10,) is not substantially different than that for the Construction Permit (contentions 1, 2f),g),h) and 3, contention 9, contention 10, and contention lla)), thus indicating that the incremental effort associated with a single phase of hearings is not substantially greater.

The Applicants thus submit that, given the current Staff and ACRS review schedule, the Applicants' site preparation schedule, the positions of the parties, and the scope of i

contested issues for the Construction Permit proceedings, it would be in the best interests of all parties and the Board to l

proceed promptly with a single phase of hearings.

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Applicants cre advised that the Staff intends to issue the Safety Evaluation Report (SER) by March 11, 1983. This will support the schedule for completion of the April ACRS review in April.

In that event, the Staff's schedule for a May 2, 1983 SER Supplement can be met.

While there is always a possibility th'at new issues could arise during the ACRS review which would result in delays in the May 2 SER Supplement (if required) issuance date, Applicants have been actively engaged in discussions with the ACRS, and the cognizant ACRS Subcommittees and Working Groups, since February of 1982.

Attachment A provides a brief descrip-tion of the meetings which have been held and those which are presently scheduled toward a final full committee meeting in the first week of April, 1983, and conclusion of the ACRS review shortly thereafter. Based upon these discussions, Applicants are aware of no issues which are likely to result in delay in the l

ACRS review.

The parties are in agreement that the following repre-sents the scope of issues for the CP hearings:

1.

Contentions 1, 2f), g), h), and 3 l

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Contention 9 (emergency planning) 3.

Contention 10 4.

Contention lla) (ALARA) l l

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Contention 18 (quality assurance) was denied admission on grounds that it lacked specificity an$ basis.

Board Order, April 14, 1982 at 8.

That denial did not bar Intervenors from refiling this contention with the requisite specificity, basis, and good cause Which the Board had found lacking.

Id Absent some new matter first raised in the Staff's SER, Which could not have been raised previously upon the exercise of reasonable dili-gence, Intervenors have no additional issues to raise at this time.

TR: 7078-90.

The following schedule, which is based on that proposed by Intervenors on January 4, 1983,-

is recommended for consideration and adoption by the Board.

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By March 11, 1983 SER issued.

Discovery opens on all admitted CP contentions.

March 11, 1983 Last day for parties to meet to discuss admissibility of Intervenors' redrafted contention 18.

Parties commence discussion of any other contentions based upon new matters, which were first raised in SER and Which could I

not have been raised previously upon exercise of reasonable diligence.

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March 21, 1983 Applicants and Staff to file Statements of Position addressing areas of disagreement, if any, resulting from discussions on admissibility of contentions.

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Changes to Intervenors' proposed schedule are annotated and

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explaine.d below.

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March 28, 1983 Intervenors' response, if any, to any statements filed by Applicants and Staff on March 16, 1983.

March 31, 1983 Prehearing meeting with Board for rulings on admissibility of contentions, if necessary.

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April 1, 1983 NRC Staf f updates to previous discovery responses within scope of CP contentions due.

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April 15, 1983 Last date for filing discovery on CP contentions.

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April 29, 1983 All discovery responses due (except NRC Staff)

May 2, 1983 NRC Staff scheduled date for SER Supplement, if any.

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May 9, 1983 All NRC Staff discovery responses due (except post-SER Supplement discovery) 4/

May 11, 1983 Last date for filing discovery on new matters, within scope of CP contentions, first raised in SER Supplement.

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May 20, 1983 Discovery responses due on all new matters; discovery closed.

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June 10, 1983 Written testimony on all CP contentions filed.

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June 20, 1983 Hearings commence in Oak Ridge on CP issues and run in continuous session until completion.

This schedule is based upon the schedule proposed by Intervenors on January 4, 1983, with modifications to reflect discussions among counsel for Staff, Applicants, and Intervenors

on January 5, 1983.

The wodifications to Intervenors' proposed schedule, and the respective reasons-therefor, are:

1.

The milestone for issuance of the SCR has been changed from March 4 to on or before March 11 1983 to reflect the current NRC Staff schedule.

2.

Due date for Staff updates to prior discovery was extended from March 23 to April 1, 1983 to accomodate Staff's need for additional time.

3.

The last date for discovery is April 15, and all responses are due April 29, 1983.

Intervenors had proposed that discovery be open until May 2,

1983, which is the Staff's date for issuing an SER Supplement, if one is required.

Due date for NRC Staff responses to pre-SER Supplement discovery was changed from after May 2, 1983 to May 9, 1983.

These modifications will enable the Staff to more effectively schedule its manpower and avoid conflicts in meeting its SER Supplement issuance date.

4.

The last date for filing new matter discovery, and the due dates for new matter discovery responses, testimony filing, and hearing commencement were proposed by Intervenors as May 9, May 16, June 1, and June 13, 1983, respec-tively.

Staff desired additional time to respond to new matter discovery.

The extension of that date (from May 16 to May 20) resulted in a corresponding adjustment to the date for filing new matter discovery.

Testimony filing date was extended to June 10.

Intervenors' proposed twelve-day interval between testimony filing and start of hearings

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The paragraph numbers in the succeeding discussion correspond to the numbers annotated on the above schedule milestones.

was reduced to 10 days, with hearing commencement on Monday, June 20, 1983.

The foregoing schedule is based upon the proposals by and previous discussions among the parties, and is consistent with previous experience in the LWA-1 hearings.

On the assump-tions that the March 11, 1983 SER and May 2, 1983 SER Supplement issuance dates are met, the schedule is reasonable and achievable.

The NRC Staff has reviewed the above schedule and concurs.

The Intervenors were provided a copy of the schedule on March 2, 1983.

Applicants attempted to contact Intervenors but have received no response.

Accordingly, Applicants request that the Board consider and adopt the foregoing schedule for the remaining course of these proceedings.

Respectfully submi ted, George L. Edgar Attorney for Project Management Corporation

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• William D. Luck l

Attorney for the Department of Energy DATED:

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! Attachment A APPLICANTS /ACRS MEETINGS CONCERNING CRBRP 2/2-2/3/82 - Licensing, Siting and Schedule BEFORE:

ACRS Subcommittee on CRBRP TOPICS:

Safety features, changes to the PSAR since April 1977, and heterogeneous core characteristics.

5/4-5/5/82 - HCDA Energetics BEFORE:

ACRS Subcommittee on CRBRP TOPICS:

Structural margin beyond the design base, HCDA energetics analysis, HCDA phenomenological overview, fuel freezing and boiling behavior during moltout phase, and molten fuel penetration through intersubassembly channels experiment program.

5/24-5/25/82 - Containment Integrity BEFORE:

ACRS Subcommittee on CRBRP TOPICS:

Approach to containment design, containment and confinement systems, events within the design basis, Site Suitability Source Term evaluation, approach to containment of events beyond the design basis, structural response of CRBRP scale models to a simulated HCDA, evaluation of thermal margins beyond the design basis, and plant features for thermal margin beyond design base.

6/1/82 - Geology and Seismology

'BEFORE:

ACRS Subcommittee on CRBRP

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TOPICS:

Geology and seismology, seismic design, heat transport systems equipment, shutdown system equipment, and electrical equipment.

6/24-6/25/82 - Site Evaluation BEFORE:

ACRS Subcommittee on CRBRP TOPICS:

Site description and exclusion area control, population distribution, nearby industrial, transportation, and military facilities, hydrology, geology and seismology, foundation engineering, meteorology, emergency planning, Site Suitability Source Term dose consequences, station blackout, and large sodium water reaction design basis.

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7/9/82 - Site Suitability BEFORE:

ACRS Pull Committee TOPICS:

Overall site description, Site Suitability Source Terms, non-radiological effects of sodium reaction product aerosols, probable maximum flood, impact of Norris Dam site, and effect of core melt on groundwater.

8/18-8/19/82 - Structures and Materials BEFORE:

ACRS Structures and Materials Working 'roup G

TOPICS:

Elevated temperature methodology, materials data base, structural design methodology duty cycle and load combinations, reactor vessel component design, reactor internals, HTS component design, transition joints, steam generator, containment buckling analysis, overview of sodium spill accidents for cell structural design, overview of liquid metal gas detection, lined cell analysis, and overview of sodium spill accidents for cell structures design.

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9/30/82 - Plant Protection and Instrumentation and Control BEFORE:

ACRS Plant Protection and Instrumentation and Control Working Group TOPICS:

Reactivity control / reactor control mechanisms, primary control rod system, secondary control rod systos, plant control system, plant protection system, and control system / protection system interactions.

10/26/82 - Thermal Hydraulics BEFORE:

ACRS Thermal Hydraulics Working Group TOPICS:

Overall system, reactor thermal hydraulics, flow induced vibration, main coolant pump hydraulics, steam generator thermal hydraulics, and heat transport system thermal hydraulics.

10/27/82 - CRBRBP Design Basis Accidents BEFORE:

ACRS Subcommittee on CRBRP TOPICS:

Overall approach, reactor accidents, and plant accidents.

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11/19/82 - HCDA Energetics BEFORE:

ACRS Subcommittee on CRBRP TOPICS:

CRBRP sodium void worth and uncertainties, LOF reference initiating phase behavior, recriticality by extended fuel motion and dispersal by extended fuel motion.

12/1/82 - Structures and Materials BEFORE:

ACRS Structures and Materials Working Group TOPICS:

Evaluation of piping leak-before-break, leakage, corrosilon effects, and leak detection, in-service in-service and pre-service inspection requirements, in-service inspection of cell liners, and CRBRP reserve seismic capability.

12/10/82 - Seismic Design at Nuclear Power Plants BEFORE:

ACRS Full Committee TOPICS:

Margins / engineering vonsiderations, current issues pertaining to the seismic design of critical facilities, probabilistic seismic risk analysis, LMPBR

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. design concepts and CRBRP design, CRBRP safety approach and accident considerations, DBA analysis review status, and Sandia LMFBR accident delineation study.

1/7/83 - CRBRP Heat Removal Systems BEFORE:

ACRS Full Committee TOPICS:

Heat removal System overview, system design criteria and thermal design considerations, system design features, system operation and transier ts, and natural circulation.

2/3-2-4/83 - TMBDB, SHRS, Auxiliary System Emergency power.

BEFORE:

ACRS Subcommittee on CRBRP TOPICS:

Thermal margins beyond the design base, shutdown heat removal systems, natural circulation auxiliary systems, emergency electrical power, site suitability source term, meteorological dispersion models, and inlet plenum flow / flow blockage.

2/11/83 - Chapters 2 and 4 of PSAR, Fluid Circuitry, Materials,

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Steam Generator Accidents BEFORE:

ACRS Full Committee TOPICS:

External phenomena seismic margin, reactor mechanical, nuclear and thermal hydraulic design, fluid circuitry and interfaces, and steam generator accidents.

2/24/83 - Reliability Assurance BEFORE:

ACRS Working Group on Instrumentation and Controls and Systems Integration 3/10-3/11/83 - Reactor Shutdown and Control Systems, Materials, and Containment Design BEFORE:

ACRS Full Committee 3/16-3/17/83 (tentative) - Energetics (HCDA) and Materials BEFORE:

ACRS Subcommittee on CRBRP and Working Group on Materials and Structures

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. 4 3/31/83 (tentative) - Energetics (hCDA)

BEFORE:

ACRS Subcommittee on CRBRP 4/14-4/15/03 - Reliability programs, Human Factors, Remaining Questions, Letter Preparation BEFORE:

ACRS Full Committee i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of

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UNITED STATES DEPARTMENT OF ENERGY

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PROJECT MANAGEMENT CORPORATION

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Docka.t No. 50-537

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TENNEGSEE VALLEY AUTHORITY

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(Clinch River Breeder Reactor Plant)

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. CERTIFICATE OF SERVICE.

Service has been effected on this date by personal

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delivery or first-class mail to the following:

Marshall E. Miller, Esquire Chairman Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission East-West Towers 4350 East-West Highwny Bethesda, Maryland 20014 (2 copies by hand)

Dr. Cadet H. Hand, Jr.

Director Bodega Marine Laboratory University of California West Side Road Bodega Bay, California 94923 (Air Express)

Mr. Gustave A. Linenberger Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission East-West Towers 4350 East-West Highway Bethesda, Maryland 20014 (by hand)

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Sherwin E. Turk, Esq.

Stuart Treby, Esq.

Office of Executive Legal Director U. S. Nuclear Regulatory Commission Maryland National Bank Building 7735 Old Georgetown Road Bethesda, Maryland 20014 (2 copies by hand)

• Atomic Safety & Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.

20555

• Atomic Safety & Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.

20555

• Docketing & Service Section Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C.

20555 (criginal, 3 copies, and l

return copy)

William M. Leech, Jr., Attorney General William B. Hubbard, Chief Deputy Attorney General Michael D. Pearigen, Assistant Attorney General State of Tennessee Office of the Attorney General 450 James Robertson Parkway Nashville, Tennessee 37219 Oak Ridge Public Library Civic Center Oak Ridge, Tennessee 37830 i

Herbert S. Sanger, Jr., Esquire Lewis E. Wallace, Esquire W. Walter LaRoche, Esquire James F. Burger, Esquire Edward J. Vigluicci, Esquire Office of the General Counsel Tennessee Valley Authority 400 West Summit Hill Drive Knoxville, Tennessee 37902 (2 copies)

3-Dr. Thomas Cochran Barbara A. Finamore, Esquire

. Natural Resources Defense Council 1725 Eye Street, N.W., Suite 600 Washington, D. C.

20006 ( 2 copies by hand)

Ellyn R. Weisc, Esquire Harmon & Weiss 1725 Eye Street, N.W., Suite 506 Washington, D. C.

20006 Lawson McGhee Public Library 500 West Church Street Knoxville, Tennessee 37902 William E. Lantrip, Esquire Attorney for the City of Oak Ridge Municipal Building Post Office Box 1 Oak Ridge, Tennessee 37830 Leon Silverstrom, Esquire Warren E. Bergholz, Jr., Esquire William D. Luck, Esquire U. S. Department of Energy 1000 Independence Avenue, S.W.

Room 6B-256--Forrestal Building Washington, D. C.

20585 (4 copies by hand)

Eldon V. C. Greenberg, Esquire Galloway & Greenberg 1725 Eye Street, N.W., Suite 601 Washington, D. C.

20006 Commissioner James Cotham l

Tennessee Department of Economic and Community Development t

Andrew Jackson Building, Suite 1007 l

Nashville, Tennessee 37219 J/

l eorge L. Edgar l

Attorney for Proj ect Management Corporation DATED:

March 7, 1983 l

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Denotes hand delivery to 1717 "H"

Street, N.W., Washington, D.C.

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