ML20073R193

Forwards Proposed Stipulation Re Suffolk County Contention 13(a) on Qa/Qc Operations.Util & Suffolk County Agreed to Stipulation.Nrc Review Incomplete But No Objections Anticipated

ML20073R193
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	04/28/1983
From:	Earley A HUNTON & WILLIAMS
To:	Brenner L Atomic Safety and Licensing Board Panel
References
NUDOCS 8305030557
Download: ML20073R193 (6)

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IIUNTON & WILLI AM S 707 EAST MAW STRtt? P. o. Box 4535 e o a , .wi60.wo RICHMOND, VIROINI.A 23212 ' ~ : . . .cun.,6va .. avguve, . w.

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April 28, 1983 co.. . . . . . . . . ...cc, .. 6 . ... ,.. 8 3 61

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t,: . . .: <.. :C H Lawrence Brenner, Esq.

Administrative Judge Atomic Safety and Licensing Board _ . - . . - - . . . . . . , s U.S. Nuclear Regulatory

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Dear Judge Brenner:

LILCO and Suffolk County have agreed to the enclosed settlement agreement on SC Contention 13(a).

The NRC Staff has not completed its review, but Staff counsel does not anticipate any objections. A copy is being circulated for signature and will be submitted for the Board's approval.

Sincerely, A ony h' %E. l e y L,L. r 221/765 Enclosure cc: Dr. Peter A. Morris Dr. James H. Carpenter All Parties i

8305030557 830428 a PDR ADOCK 05000322 O

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A UNITED STATES OF AMERICA

]jjpfD NUCEEAR REGULATORY COMMISSION i

Before the Atomic Safety and Licensing Board' '8.1 M.W'-2 AM :04 .

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In the Matter of ) ,f

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LONG ISLAND LIGHTING COMPANY )

, ) Docket No. 50-322 (OL)

(Shoreham Nuclear Power Station, ) \

(Unit 1) )

4 RESOLUTION OF SC CONTENTION 113,( a ) --

QUALITY ASSURANCE / QUALITY CONTROL -- OPERATIONS I

This Agreement by and among Long Island Lighting Compa-ny ("LILCO"), the Suclear Regulatory Commissipp Staff

(" Staff"), and Suffolk County ("SC" or the " County") (hereinaf-

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ter collectively, the " Parties") resolves Subsection,(a) of SC Contention 13 -- Quality Assu'rance/ Quality Control --

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Operations, to the extent and in accordance with the terms

' A stated below, subject to the approval of the Atomic Safety Ehd '

Licensing Board ("ASLB" or " Board"). 7 g

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'4 3 I. RECITALS s

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.h A. SC Contention 13(a) alleges that LILCO's qualify assurance program for the operation of Shoreham Nuclear Power - -

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Station ("Shoreham")' fails to address each of the iriteria of l 10 CFR 50, Appendix s B, in sufficient detail to allow an ,

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independent reviewer to determine whether and how LILCO would meet the requirements of Appendix B.

B. During the ASLB proceeding, the County examined LILCO's quality assurance ("QA") witness panel, inter alia, on portions of the following major constituent elements of the LILCO QA program for thel operation of Shoreham: the QA Manual, l

' QA procedures, operational QA procedures at station, and station procedures 12.013.01 and 12.019.01 (all of the forego-ing, collectively, the "OQA Documents"). Thereafter, the Parties agreed to attempt to reach a settlement of SC Conten-tion 13(a), except to the extent that SC Contention 13(a) deals with (i) the issue of the structure of LILCO's QA organization and the independence of the operating QA Section, and (ii) the 4 7

application of the QA program and OQA Documents to items and activities"imhortanttosafety'." The Parties agreed to a set-tiementprotokolphrsuanttowhichtheyandtheirconsultants

! would first attfmpt to reach agreement among themselves and then, if necessary, submit unresolved issues to NRC I&E Region I Staff for its views. LILCO agreed to consider the Staff's views and notify the Coudty of any additional changes to be made. LILCO was then to make the changes to the OQA Documents i '

I to which it had' agreed. If any disagreements between LILCO and SC concerning OQA Documents remained after this procedure, the ,

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I protocol provided that such disagreements could either be i I

litigated by the County (if they were within the scope of the litigation as determined by the Board) or mediated by the Board (if the Board deemed such mediation appropriate).

C. As of March 25, 1983, the Parties had met and had extensive discussions in person and by telephone concerning the OQA Documents. NRC I&E Region I Staff participated in some of these discussions. As a result of these extensive discussions, 4

LILCO agreed in principle to make a number of changes in the OQA Documents. The few significant disagreements that remained were brought to the attention of I&E Region I Staff and were resolved.

D. The Parties are now in the process of implementing and reviewing the agreed upon changes to the OQA Documents.

i II. AGREEMENT I

A. On.or before May 9, 1983, (1) LILCO will provide to the County, with copies to the Staff, any additional or re-maining changes to OQA Documents which LILCO has agreed to make as a result of discussions now underway; and (2) LILCO will furnish to the County a list identifying the revision number of each OQ5 Document revised as a result of these negotiations and-

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5 then' approved in accordance with LILCO's procedures.

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B. On or before May 16, 1983, (1) LILCO and the County shall initial a list of all OQA Documents which have been fi-nally resolved and approved by LILCO's internal procedures and (2) the County will either (a) confirm to the Board and the other Parties that Contention 13(a) is resolved except to the extent set forth in I.B above or (b) if any disagreements remain concerning the OQA Documents, the County will notify LILCO and the Parties of the specifics of such disagreements, including identification of the specific manual or procedure sections affected and an e: planation of the technical basis for the County's continuing concern.

C. On or before May 23, 1983, LILCO and the Staff shall each have the opportunity to provide a written response to any such County concerns. The response should address, inter alia, such Party's views on whether LILCO did in fact im-plement agreed upon changes and whether the disagreement should be litigated, mediated, or rejected by the Board. Remaining disagreements may be reported te the Board and litigated by the County if the Board concludes that these remaining disagree-ments are within the scope of the litigation or, if not within such scope-and the County so requests and the Board agrees, such disagreements may be mediated by the Board.

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Attorney for Long Island Attorney for NRC Staff Lighting Company Attorney for Suffolk County DATED: , 1983