ML20078D365

Respec of Contention I-41 Re Sys Interaction.Certificate of Svc Encl

ML20078D365
Person / Time
Site:	Limerick
Issue date:	09/28/1983
From:	Dorsey J DORSEY, J.A., LIMERICK ECOLOGY ACTION, INC.
To:	Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel
References
REF-GTECI-A-17, REF-GTECI-A-47, REF-GTECI-SY, RTR-NUREG-0660, RTR-NUREG-660, TASK-2.C.3, TASK-A-17, TASK-A-47, TASK-OR, TASK-TM NUDOCS 8310040498
Download: ML20078D365 (8)

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JUDrrH A. DORSEY OgggCTED

. LAW OFFICES 1815 WALNUT ST SUITE 1632 55 SP 30 mi 513 rw11.instrn11. ri.1 1o2 215 785.7200 0FFICE OF SECRiitc SeptembMb($fhSVICI Judge Lawrence Brenner Judge Richard F. Cole Atomic Safety and Licensing Board Atomic Safety and Licensing U.S. Nuclear Regulatory Commission Board Washington, .DC 20555 U.S. Nuclear Regulatory Commission Judge Peter A. Morris Washington, DC 20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2)

Docket Nos. 50-352 and 50-353 Gentlemen, Please find enclosed Limerick Ecology Action's respecification of contention I-41, previously denied without prejudice, and refiled now, pursuant to the Board's May 16, 1983 Memorandum and Order, slip op. at 8.

cerely,

• - t n, Jup th A. Dorsey O

8310040498 830928 PDR ADOCK 05000352 9 PDR 9 .

I-41.

Exacerbation of accidents (a) The TMI. accident showed how non-safety systems can interact with safety systems to cause or exacerbate an accident.

A systems interacti~on analysis can reveal actions and consequences that could adversely affect the presumed redundancy and independence of safety systems.

The Applicant has not performed an systems interaction analysis at Limerick; such an analysis must be done in order to assure that necessary interactions, failure combinations and accident sequences have been considered, and that. potential adverse systems. interactions have been-identified. Without such an analysis, there is no reasonable assurance that Limerick can.

operate'before the ultimate resolution of this issue, Unresolved i

Safety Issue A-17, without undue risk to the health and safety of the public.

The NRC's program to resolve A-17 under the TMI Action Plan (NUREG-0660, Item II.C.3) is nowhere near complete, and the Staff's SER does not provide a plant-specific interim resolution of this matter. Therefore the Staff cannot meet the " justification

• for operation" requirement of the Appeal Board's decision in l North' Anna, ALAB-491, NRC 245 (19 7 8 )~ .

l BASIS: .

NUREG-0606 (Aqua Book); TMI Action Plan, NUREG-0660, Item

! II.C.3; The Recently issued SER states; at page C-9:

The Applicant has not described a comprehensive program that separately evaluates all structures, systems and components important to safety for the three categories of adverse systems interactions, which are (1) spatially

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coupled, (2) functionally coupled, and (3) humanly coupled. However, there is assurance that Limerick can be operated without endangering the health and safety of the public. The plant has been evaluated against current licensing requirements that are founded

'cn1 the principle of defense-in-depth. Adherence to this principle results in requirements such as physical separation and independence of redundant safety systems as well as protection against hazards such as high-energy line ruptures, missiles, high winds, flooding, j

seismic events, fires, human errors, and sabotage. These design provisions are subject to review against the Standard Review Plan (SRP) _ (NUREG-0800) , which requires interdisciplinary reviews of-safety-grade equipment and addresses different types of potential systems interactions. Also, the quality assurance program that is followed during the design, construction, and operational phases for each plant contribut'es to the prevention of introducing adverse systems interactions. Thus, the current licensing " requirements and procedures provide an adequate degree of plant safsty.

4 LEA does not believe that this boilerplate language, which could be~used for any plant, satisfies the requirements of North Anna.

(b) Unresolved Safety Issue A-47, is in fact a subset of systems interaction. A systems interaction analysis at Limerick will reveal most of the effects of control system failures.

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ds_

Catawba Balancing Test For Late-filed Contentions In its July 26, 1983 Second Special Prehearing Con-ference Order, the Board directed Limerick Ecology Action (LEA) to address the factors set forth in the Catawba decisions, which factors the Board will then balance in determining

.whether or not so-called " late-filed" contentions are admissible.

The five factors of 10 CFR S2.714 (a) (1) are as follows:

(i) good cause, if any, for failure to file on time; (ii) the availability of 'other means whereby the petitioner's interest will.be protected; (iii) the extent to which the petitioner's participation may reasonably be expected to assist in devel-opment of a sound record; (iv) the extent to which the petitioner's interest will be represented by existing parties; (v) the extent to which the petitioner's participation will broaden the issues or delay the proceeding.

l The three-part test overlayed by the Appeal Board in Catawba (and affirmed by the Commission as appropriate in an .

l admissibility determination) is that the contention:

(a) is wholly dependent upon the content of a particular j

1. Duke Power Co. (Catawba Nuclear Station, Units 1 and 2),

ALAB-687, 16 NRC 460, 469-70 (1982); Duke Power Co.

(Catawba Nuclear Station, Units 1 and 2), CLI-83-19, 18 NRC , , slip op. at 5-6 (July 1, 1983).

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document; (b) could therefore not be advanced with any degree of specificity (if at all) in advance of the public availability of the document; and

'(c) is tendered with the requisite degree of promptness once the document comes into existence and is accessible for public examination.

LEA is submitting its respecified contention I-41, and addresses the five 2.714 (a) (1) factors as overlaid by the.three-part test.

LEA originally submitted contention I-41, related to Unresolved Safety Issues A-17 and A-47, with its other contentions in 1981, at the time contentions were due. At the May 9-11, 1983 Special Prehearing Conference, the Staff, Applicant and LEA agreed that respecification could not take place until the Staff's SER addressing the subject was issued. That document has now been issued and reviewed by LEA. LEA therefore has good cause for late filing its. contention I-41. It could not have been advanced with any more specificity than when originally filed, until the SER became available. The contention is now being " tendered with the requisite degree of promptness," since it is being submitted according to the May 16, 1983 Board Order and Memorandum.

LEA has no other means to protect its interests related to this contention, in that no other regulatory or judicial body has jurisdiction to-hear safety matters. Nor will LEA's interest be adequately protected by any party currently partici-pating in this proceeding. Considering the political and other interests that influence their decision-making, participating L

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governmental entities cannot be expected to adequately represent LEA's interests. Only two other intervenors have the resources available to them to be represented by counsel, and the scope of their interests (for Del-AWARE, the matter of Point Pleasant, and for the Graterford prisoners, their own health and safety during an emergency at the Limerick facility) is very narrow.

LEA's participation in this matter can be expected to assist in developing a sould record, in that LEA has obtained expert assistance for pursuing many of its contentions, which, while not required for licensing proceedings, is an aid to the Board as well as to LEA.

Admission of LEA's contention I-41 will not broaden the issues or delay the proceeding, since this is not in fact a new contention,'but was filed in a timely manner in 1981 when other contentions were filed.

For.the reasons set forth, LEA believes it is appropriate for the Board to admit its respecified contention I-41.

Reppectfully submitted, I

ul .

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Ju Ith A. Dorsey C6unsel for Limerick Ecol gy Action I

ED ifsWc CERTIFICATE 'OF SERVICE 13 S8330 g;23 IherebycertifythatcopiesofLimerickEh t '. s respecifiedContentionI-41havebeenservedupont$eNCH

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following, by first-class mail, pos'tage prepaid, on September 28, 1983:

Lawrence Brenner, Chairman Atomic Safety and Licensing Board Administrative Judge Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Dr. Richard F. Cole Appeal Panel Administrative Judge U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Docketing and Service Section Office of the Secretary-Dr. Peter A. Morris U.S. Nuclear RIgulatory Commission Administrative Judge Washington, DC 20555

, U.S. Nuclear Regulatory Commission Thomas Y. Au, Esq.

Washington, DC 20555 Commonwealth of PA Department of Environmental Resources Ann P. Hodgdon, Esq. 505 Executive House

' Office of the Executive P.O. Box 2357 -

Legal Director Harrisburg, PA 17120 U.S. Nuclear Regulatory.

Commission David Wersan, Esq.

I . Washington, DC 20555 Assistant Consumer Advocate Office of the Consumer Advocate

-Troy B. Conner, Jr., Esq. 1425 Strawberry Square Conner and Wetterhahn Harrisburg, PA 17120 1747 Pennsylvania Ave., NW Washington, DC 20006 Director PA Emergency Management Agency Phila. Electric Company Basement, Transportation and k ATTN: Edward G. Bauer, Jr. Safety Building VP and' General Counsel Harrisburg, PA 1712,~0 2301 Market St. j Phila., PA 19101 i

, Director Spence W. Perry, Esq.

- D 30-g gy .ation Protection Associate General Counsel Environmental FEMA Room 840 s uilding, 5th fl. 500 C St., SW

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1. '- :ust Sts. Washington, DC 20472

!A 17120 B i j

.\ .sh, Esq.

Solicitor Angus Love, Esq.

101 East Main St.

.adelphia Norristown, PA 19401

'. srvices Buildina~

i .C Blvd.

19107

.ony

'Licangg49 Beard Lane, Box 186

, 19065 lg: tory Conunissin cansing l

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/ ford Terrace Snegggn

?A 19149 ConunisiIon line I. Ruttenberg te Aa.liance n

Resources 'pestnut St.

, PA 19104 .

Romano rest Ave.

', PA 19002 fVocato h H. White III l th Warner Ave.

Mawr, PA 19010 L

rt Sugerman, Esq.

,ency rman and Denworth

!nd e 510, North American Building S. Broad St.

la., PA 19107 -

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&fik JUDfTHA.

DORSEY

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