ML20073K420

Motion to Direct Intervenors to File Control Room Design Review Contentions by 830531.Util Control Room Review Plan Submitted to HR Denton on 830228 Contained Sufficient Info to File Contentions.Certificate of Svc Encl

ML20073K420
Person / Time
Site:	Catawba
Issue date:	04/18/1983
From:	Mcgarry J DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8304200258
Download: ML20073K420 (6)

Text

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UNITED STATES OF AMERICA NhIE0 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDB APR 19 A10 :25 In the Matter of ) . . p ,

) 0.ill DUKE POWER COMPANY, et al.

) Docket Nos. 50-413

) 50-414 i (Catawba Nuclear Station, )

Units 1 and 2) )

APPLICANTS' MOTION TO DIRECT INTERVENORS TO FILE CONTENTIONS, IF ANY, CONCERNING CONTROL ROOM DESIGN REVIEW In its Memorandum and Order of March 5, 1982, the Atomic Safety and Licensing Board conditionally admitted several Palmetto Alliance and CESG contentionsl subject to Applicants' providing Intervenors with copies of Applicants' proposed procedures for complying with NUREG-0737, and their control room design review, as soon as these documents be-came available. (March 5, 1982 Order at pp. 23, 24 and 26).

The Board subsequently vacated its conditional admission of each of these three. contentions in its Memorandum and Order of December 1, 1982 (p. 3). However, this order specified j that the " directives to the Applicants to serve copies of 4

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1 Palmetto Alliance Contention 21 (dealing with Applicants' l

alleged failure to develop certain emergency operating procedures required by NUREG-0737 (clarification of TMI l

Action Plan)); and CESG 16 and part of Palmetto Alliance Contention 22 (dealing with the consideration of human factors in the design and instrumentation of the Catawba

, control room).

8304200258 830418 i i PDR ADOCK 05000413 i O PM l

i the control room procedures and design review (Memorandum and Order of March 5, 1982, at 23, 26) remain in effect."

December 1, 1982 Order at p. 6.

Pursuant to the December 1 Order, Applicants wish to advise the Board that on February 28, 1983, they submitted to Harold R. Denton, Director, NRR/NRC, with copies to each l of the intervenors, the following documents:

(1) Emergency Procedures Generation Package (de-l signed to address paragraph 7.2b of Supple-t ment 1 to NUREG-0737), Vhich describes the development process for Catawba Nuclear Station Emergency Procedures.

! (2) Duke Power Company's Control Room Review Plan for Oconee, McGuire and Catawba Nuclear Stations.

In a conference call of March 31, 1983, Applicants advised the Board and parties that they were reviewing the 1

above information to determine whether, in their view, sufficient information was contained therein on which con-tentions could be filed. Applicants have concluded that sufficient information does exist with respect to the Con-trol Room Review Plan. To explain, the main concern of Palmetto Alliance's Contention 22 and CESG's Contention 16 was the possible lack of consideration of human factors in the design and instrumentation of the Catawba control room.

Applicants' methods for identifying and analyzing any human engineering discrepancies found during the review are described in Sections IV and V of the Review Plan.

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Applicants' methods for implementing modifications, pro-cedures and training, as necessary, to resolve any signi-ficant human engineering discrepancies found are described in Section VI of the Review Plan.

Applicants note that the Control Room Review Plan will be supplemented by a submittal summarizing the findings of the Control Room Review Team and also a submittal outlining any necessary resolutions of identified discrepancies.

These submittals will be filed on or about June 8, 1983.

I This Board, in its Order of February 2, 1983, put the parties on notice that 30 days would be provided for the filing of contentions once a licensing document had been furnished. Applicants could maintain that.the relevant document has been available since February 25, 1983, and thus the 30 day period has expired. As noted in the March 31 conference call, Applicants do not advance such a posi-tion. However, since information was provided on February i 28 and'since Applican7s put the parties on notice in the

! March 31 conference call that they were considering advan-cing this motion, Applicants propose that contentions, if any,'should be filed promptly. Allowing for responses to this motion 2 and Board ruling thereon, Applicants do not feel that Intervenors should be provided with 30 days after 4

2 Applicants have served this document by overnight mail.

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such ruling to file contentions. Rather, Applicants main-tain that contentions should be filed on or before May 31, 1983.

With respect to emergency procedures, Applicants will submit such procedures to the Board and parties on or about

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May 1, 1983. It is Applicants' position that the 30 day period for filing contentions should run from that date.

[ Respectfully submitted,

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= f

/ .

J .' Michael McGarrf, III g/

' Anne W. Cottinghs DEBEVOISE & LIBERMAN

1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9833 l

l Albert V. Carr, Jr.

l Ronald L. Gibson DUKE POWER COMPANY P.O. Box 33189 I

Charlotte, North Carolina 28242 (704) 373-2570 Attorneys for Duke Power Company, et al..

April 18, 1983

9 UNITED STATES OF AMERICA Ec:nEi NUCLEAR REGULATORY COMMISSION "">

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

'83 APR 19 N0:25 In the Matter of ) ,.

) DCC 3 ,, gp DUKE POWER COMPANY, et al. Docket Nos. 50-413 BHM!CH

~~

)

) 50-414 (Catawba Nuclear Station, )

Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Applicants' Motion To Direct Intervenors To File Contentions, If Any, Concerning Control Room Design Review" in the above captioned matter have been served upon the following by deposit in the United States mail this 18th day of April, 1983.

James L. Kelley, Chairman George E. Johnson, Esq.

Atomic Safety and Licensing Office of the Executive Legal Board Panel Director '

U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. A.'Dixon Callihan Albert V. Carr, Jr., Esq.

Union Carbide Corporation Duke Power Company P.O. Box Y P.O. Box 33189 Oak Ridge, Tennessee 37830 Charlotte, North Carolina 28242 Dr. Richard F. Foster Richard P. Wilson, Esq.

P.O. Box 4263 Assistant Attorney General ~

Sunriver, Oregon 97702 State of South Carolina P.O. Box 11549 Chairman Columbia, South Carolina 29211 Atomic Safety and Licensing Board Panel

• Robert Guild, Esq.

U.S. Nuclear Regulatory Attorney-at-Law Commission P.O. Box 12097 Washington, D.C. 20555 Charleston, South Carolina 29412 Chairman

• Palmetto Alliance Atomic Safety and Licensing 2135 1/2 Devine Street Appeal Board Columbia, South Carolina 29205 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• Jesse L. Riley Scott Stucky 854 Henley Place Docketing and Service Section Charlotte, North Carolina 28207 U.S. Nuclear Regulatory Commission

• Henry A. Presler Washington, D.C. 20555 Charlotte-Mecklenburg Environmental Coalition 943 Henley Place Charlotte, North Carolina 28207 Carole F. Kagan, Attorney Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 f

.' Michael McGarry III (/

• Those served by Express Mail.

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