ML20077P356

Motion to Compel Discovery from Util on Eddleman Contention 45 Re Water Hammer.Certificate of Negotiations Encl

ML20077P356
Person / Time
Site:	Harris
Issue date:	09/08/1983
From:	Eddleman W EDDLEMAN, W.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20077P308	List: ML20077P304 ML20077P356 ML20077P378 ML20077P431
References
82-468-01-OL, 82-468-1-OL, ISSUANCES-OL, NUDOCS 8309130348
Download: ML20077P356 (3)

Text

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UNITED STATES OF AMERICA 8 September 1983 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SATETY AND LICENSING BOARD Glenn O. Bright Dr. James H. Carpenter James L. Kelley, Chairman

-In the Matter of

) Dockets 50 400 OL CAROLINA POWER AND LIGHT CO. et al. } 50 401 OL (Shearon Harris Nuclear Power Plant, J Units 1 ani 2) ) ASLBP No. 82-MS-01 OL

}

MOTION TO CCMPEL DISCOVERY re EDDEEMAN 45 Wells Eddleman hereby moves the Board to _conpel CP&L to answer the following which they did not answer 6-3 e83, re Eddleman contentien 45 on Water IIanner. Negotiations on this ended 8-26-83 and filing this notion now is apnroved by Annlicants' counsel Flynn; see coetificate of negotiations attached hereto.

1. 145-1(a), page 6 of resnonse of 6-3..-83: It is not burdensone to say if a neasure is nart of the original design or not. To the extent design has not changed as NRC recuirements have, it is relevant to the design's ability to withstand water hanner events.

2. re all parts of h5-1(d) objected to (pp 9-10, 6-3-83 resronse by Applicants): The controls of the ECCS, AW and main stean systens og. are surely relevant to 45. Water hanner in control systens, e.g.,  ;

'mOQ

$7 appears to have started the TMI-2 accident by trinning feedwater punps.

JO See Board 9/22/82 Order at 50-51.

mf -Also, testing is part of Eddleman It5 as written. This nust include n

testing in operation as mqdy water hammers happen during commercial

$ operation. See A.W. Serkiz, Water liamner in Nuclear Power Plants,

?,

so p.1, and page 2, figure 2, both showing that half to 2/3 of water

hammers occur in commercial cueration.

Applicants' own resnonse to Staff question 440.49 (appended, last to page, ix Applicants' 1-31-83 interrogatories to me, and cited by them in asking me interrogatories, e.g. 45-6(a) on p.26 of 1-31-83 questions, also shows the relevance of testing and operating procedures.

Applicants themselves, 6-3-83 at 12, cite operating procedures as being used to prevent water hammer. Serkiz -(or cit) at page 3 says a program of design, testing and inspection'and operating

-procedures is needed to prevent water hammer.

Apolicants cannot logically cite things like operator rounds (resnonse to Staff question 440 49) as ways to detect leaks that could indicate possibility of water hammer (voided piping), and then say tha't such actions are irrelevant to a contention on water hammer. Testing for leaks is an important test in attenpting to prevent water hammer.

For the above-cited reasons, Applicants should be compelled to resuond fully to 45-1(a) re what parts of the systems cited in Eddleman 45 (ECCS, AFW and Main Steam) are original design, and to resnond fully to all parts of 45-1(ad).

-men ,

9-8-83 Wells Eddleman

UNITED STATES OF AMERICA NUCLEAR BEGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Glenn O. Bright Dr. James H. Carpenter James L. Kelley, Chairman In the Matter of

) Dockets 50 400 OL CAROLINA POWER AND LIGHT CO. et al. ) 50-401 OL (Shearon Harris Nuclear _ Power Plant, )

Units 1 armi 2) ) ASLBP No. 82-466-01

) OL CERTIFICATE OF NEGOTIATIONS re EDDLEMAN 45 Interrogatories were served on CP&L 3-21-83; resnonse was made June 3,1983 af ter unsuccessful negotiation of objections 5-27-83 Applicants' counsel Flynn and I agreed to negotiate further and on 6-6-83 I sent the Board a card advising of these negotiations and tolling the tine for a notion to co_pel. Flynn and I negotiated on 6-27-83 and agreed that the negotiations would not be done until Flynn responded to two questions that cane up in the negotiations.

. At that tine, Flynn exnected to be able to resnc.nd nonetine in July; due to other business, she was not able to get a resnonse to ne until W tlGhDYbftS NMSW $D VPl#&)O)) Q16 &

her letter of 8-22-83; we spoke further by phonel-31 (there were also nany intervening phone calls in July and August) and agreed further negotiations would not be troductive and that this natter could be settled by a notion to compel filed no later than 9-8-83 I hereby certify that the above is true to the best of ny knowledge and belief.

8 sept 1983 Wells Eddlenan

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