ML20078P677
| ML20078P677 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 11/04/1983 |
| From: | Conner T CONNER & WETTERHAHN, Public Service Enterprise Group |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| 84-494-02-LA, 84-494-2-LA, ISSUANCES-OLA, NUDOCS 8311080184 | |
| Download: ML20078P677 (12) | |
Text
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'8 Y -7 A 0 :39 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION CFF CE OF EECHTM >
00CM inc A .f pv Before the Atomic Safety and Licensing Board! " Y' In the Matter of )
)
Public Service Electric and Gas ) Docket No. 50-272-OLA Company, et al. ) [ASLBP 84-494-02 LA]
)
(Salem Nuclear Generating )
Station, Unit 1) )
LICENSEE'S ANSWER TO ATTORNEY GENERAL OF THE STATE OF DELAWARE PETITION FOR LEAVE TO INTERVENE AND REQUEST FOR HEARING ON LICENSE AMENDMENT RELATING TO
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INSERVICE INTEGRATED LEAK TESTS Preliminary Statement On October 21, 1983, the Attorney General of the State of Delaware (" Attorney General") filed a petition for leave to intervene and a request for a hearing on the proposed issuance of an amendment to the operating license for Salem Nuclear Generating Station, Unit 1. The proposed amendment relates to inservice integrated leak tests.1/ Specifically, the Attorney General requested that intervention be granted and that the application for an operating license amendment concerning inservice integrated leak tests be denied.2_/
-1/ Petition for Leave .to Intervene and Request for Hearing, October 21, 1983 (" petition").
2/ Id. at 5.
8311000184 831104 PDR ADOCK 05000272 G PDR
Alternatively, the petition requested that a hearing be scheduled prior to issuance of any amendment to the Salem operating license.-
As discussed below, Public Service Electric and Gas Company, et al. (" Licensee") believes that the Attorney General has demonstrated his standing to intervene in the amendment proceeding. Admission is dependent, however, on the pleading of at least one valid contention. Addition-ally, the amendment and the NRC's Safety Evaluation Report
("SER") supporting its issuance were issued on October 31, 1983. Thus, it is hoped that the Attorney General's consid-eration of the amendment and the SER will assure him that no litigable safety issue exists.
I. Background on September 14, 1983, the Nuclear Regulatory Commis-sion ("NRC") published in the Federal Register a notice of the proposed amendment of Facility Operating License No.
DPR-70, issued to Licensee, for operation of the Salem Nuclear Generating Station, Unit No. 1, located in Salem County, New Jersey.4/ The notice stated that the NRC was considering an amendment to Technical Specification 4.6.1.2a to extend the 40 10 month interval, on a one-time basis, in order to permit the second inservice integrated leak rate 3/ Id.
4/ 48 Fed. Reg. 43113 (September 21, 1983).
test to be performed during the fifth refueling outage.1 5/
The notice further stated NRC's preliminary determination that the amendment did not involve a significant hazards consideration.5/ The notice requested public comment on this determination and provided that, by October 21, 1983, any person whose interest might be affected by the proposed license amendment could request a hearing.7/ On October 21, 1983, the instant petition was filed.
On October 31, 1983, the NRC issued the requested amendment.- Prior to its issuance, the NRC found that the amendment would not endanger the health and safety of the public.1/ Similarly, the NRC found that the amendment in-volved no significant hazards considerations.10/ Under the NRC's regulations in 10 C.F.R. S50.92, this means that operation of the facility in accordance with the amendment will not (1) involve a significant increase in the probabil-ity or consequences of any accident previously evaluated, (2) create the possibility of a new or different kind of 5/ Id.
6/ Id.
7/ Id. at 43114.
8/ Amendment No. 54 to Facility Operating License No.
DPR-70, October 31, 1983.
9/ Id.
i 1_0_/ SER at 2.
l I
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accident from any accident previously evaluated, or (3) involve a significant reduction in any margin of safety. !
Specifically, the NRC concluded that containment integrity had been demonstrated by previous Type A tests and 11/
verified by an effective local leak rate test program.-
This conclusion rests on the fact that (1) acceptable integrated leakage tests were performed for both the pre-operational Type A test and for the first Type A retest, (2) a complete local leak rate test program was completed on all penetrations and valves during the most recent refueling outage, and (3) there has been no indication of any kind of problem with the concrete containment or the containment liner since the initiation of commercial operation.12/
Moreover, the Licensee agreed to undertake an increased surveillance program for local leak rate tests until the next refueling outage.13/ On this basis, the NRC issued the amendment which would permit the second inservice integrated leak rate test to be performed during the fifth refueling outage (May 1984) rather than in October 1983.
II. Discussion It is axiomatic that a petition for leave to intervene must comply with the requirements of 10 C.F.R. 52.714. That 1/ SER at 1.
12/ Id. at 2.
13/ Id.
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rule provides that a petition must set forth with particularity the interest of the petitioner and must demonstrate how that interest may be affected by the results of the proceeding.1A In considering the petition, the Licensing Board should take into account (a) the nature and extent of the petitioner's right to be made a party, (b) the nature and extent of the petitioner's property, financial, or other interests in the proceeding, and (c) the possible effect of any order which may be entered in the proceeding on the petitioner's interests.11I Judicial concepts of standing are applied in NRC licensing proceedings to determine whether a petitioner is entitled to intervene. Portland General Electric Co.
(Pebble Springs Nuclear Plant, Units 1 and 2), CLI-76-26, 4 NRC 610, 613-14 (1976). These judicial concepts require a showing (a) tila. the action being challenged could cause injury-in-fact to the person seeking to establish standing, and (b) that the injury is arguably within the zone of interests protected by the statutes governing the proceed-ing. Sierra Club v. Morton, 405 U.S. 717 (1972); Barlow v.
Collins, 397 U.S. 159 (1970); Association of Data Processing Service Organizations v. Camp, 397 U.S. 150 (1970); Pebble 14/ 10 C.F.R. 52.714 (a) (2) .
--15/ 10 C.F.R. 52.714 (a) (2) and S2.714 (d) ; Washington Public Power Supply System (WPPSS Nuclear Projects, Nos. 3 and 5), LBP-77-16, 5 NRC 650 (1977).
I Springs, supra; Virginia Electric and Power Co. (North Anna Power Station, Units 1 and 2), ALAB-342, 4 NRC 98 (1976).
When the foregoing principles are applied to the instant petition, it appears that the Attorney General has i
asserted the requisite interest to intervene in this pro-ceeding. Thus, the Attorney General alleges that delay of this particular test will adversely affect the safety of Delaware residents. While the Attorney General does not state why delay of the test will adversely affect safety, he has stated an interest that is within the zone of interests protected by the Atomic Energy Act.E Accordingly, it is Licensee's view that the Attorney General possesses the requisite interest to intervene in the proceeding.
Although the Attorney General need not at this time propose specific contentions, it appears that at least some of the matters he wishes to litigate are beyond the limited scope of this proceeding. The Attorney General asserts that delay of the second inservice integrated leak rate test from October 1983 to the fifth refueling outage (May 1984) will adversely affect the safety of Delaware citizens.17/ No further elaboration is given. Instead, the Attorney General states reasons unrelated to safety as the basis for his opposition to grant of the requested operating license l
16/ 42 U.S.C. SS2011 et seg.
l M/ Petition at 2.
amendment.S! The Attorney General appears to believe that the NRC should deny the requested license amendment so that the denial will serve as a penalty in addition to an earlier penalty imposed by the NRC for failure of the Salem unit to trip automatically on two demands.19/ Any proposal for additional enforcement action is outside the scope of this proceeding which concerns the one-time extension of an inservice integrated leak rate test. Thus, Licensee con-cludes that while the Attorney General has established his interest and the potential effect of the proceeding on his interest, it is not clear whether the matters which the Attorney General seeks to litigate are admissible. This ambiguity is significant in light of the fact that the Attorney General's admission is dependent upon the filing of at least one valid contention.
III. Conclusion In sum, Licensee concludes that the Attorney General possesses the requisite interest to intervene in this proceeding. Admission to the proceeding is dependent, however, on the filing of one valid contention and it is not yet clear that the Attorney General wishes to litigate matters within the scope of this proceeding. In lieu of 18/ Id. at 3-5.
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19/ That penalty was paid on October 28, 1983. See Letter to Richard C. DeYoung from R. Edwin Selover (October 28, 1983).
such filing, however, Licensee is hopeful that upon review of the amendment and the SER,E the Attorney General will be assured that delay of this particular leak rate test to May 1984 will not adversely affect the safety of Delaware residents and that accordingly, the Attorney General will withdraw his request for a hearing.
Respectfully submitted, CONNER & WETTERHAHN, P.C.
Tr onner, Jr.
Mark J. Wetterhahn Jessica H. Laverty
- Counsel for the Licensee November 4, 1983 M/ Licensee understands that the NRC has already sent the Attorney General a copy of the license amendment and the SER accompanying that amendment.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
Public Service Electric and Gas ) Docket No. 50-272-OLA Company, et al. ) [ASLBP 84-494-92 LA]
)
(Salem Nuclear Generating )
Station, Unit 1) )
NOTICE OF APPEARANCE
! Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Licensee in the captioned matter. In accordance with S2.713, 10 C.F.R. Part 2, the following information is provided:
Name -
Jessica H. Laverty Address -
Conner & Wetterhahn, P.C.
1747 Pennsylvania Avenue, N.W.
Suite 1050 Washington, D.C. 20006 Telephone Number -
202/833-3500 Admission -
Supreme Court of the United States Supreme Court of the State of Virginia Name of Party -
Public Service Electric and Gas Company e d .C h ka<
Jessica H. Lavgrty Dated at Washington, D.C.,
this 7th day of November, 1983.
i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board f
In the Matter of )
)
Public Service Electric and Gas } Docket No. 50-272-OLA
! Company, et al. ) [ASLBP 84-494-92 LA]
, )
! (Salem Nuclear Generating )
Station, Unit 1) )
NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters an appearance on behalf of the Licensee in the captioned matter. In accordance with S2.713, 10 C.F.R. Part 2, the following information is provided:
Name -
Troy B. Conner, Jr.
Address - Conner & Wetterhahn, P.C.
l 1747 Pennsylvania Avenue, N.W.
Suite 1050 Washington, D.C. 20006 Telephone Number -
202/833-3500 Admission -
United States Court of Appeals District of Columbia Circuit Supreme Court of the United States Name of Party -
Public Service Electric and Gas Company Notice is further given pursuant to 52.708, 10 C.F.R. Part 2, that service upon the Licensee should be made upon the undersigned.
LJ G11 / 3 7.1t!I ), }$ .
Tr . Conner, Jr. G Dated at Washington, D.C.,
this 4th day of November, 1983.
s ..
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of )
)
Public Service Electric and ) Docket No. 50-272-OLA Gas Company )
)
(Salem Nuclear Generating )
Station, Unit 1) )
Certificate of Service I hereby certify that copies of " Licensee's Answer to State of Delaware's Petition for Leave to Intervene and Request for Hearing on License Amendment Relating to Inservice Integrated Leak Tests," " Notice of Appearance for Troy B. Conner, Jr." and " Notice of Appearance for Jessica H. Laverty" all dated November 4, 1983, in the captioned matter, have been served upon the following by deposit in the United States mail this 4th day of November, 1983:
Marshall E. Miller Chairman, Atomic Safety Chairman and Licensing Appeal Atomic Safety and Board Panel Licensing Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 10555 Chairman, Atomic Safety Dr. Emmeth A. Luebke and Licensing Board Atomic Safety and Panel Licensing Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 10555 Docketing and Service Dr. Jerry Harbour Branch Atomic Safety and U.S. Nuclear Regulatory Licensing Board Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 10555 l
Janice Moore, Esq.
Counsel for NRC Staff office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Richard Fryling, Jr.,Esq.
Associate General Solicitor Public Service Electric and Gas Company P.O. Box 570 (TSE)
Newark, NJ 07101 Fred S. Silverman, Esq.
State Golicitor Carol E. Delaney, Esq.
Deputy Attorney General Department of Justice State Office Building 820 N. French Street Wilmington, DE 19801 Mr. Alfred Coleman, Jr.
Mrs. Eleanor Coleman 35 K Drive Pennsville, NJ 08070 Carl Valore, Jr., Esq.
Valore, McAllister, Aron
& Westmoreland Mainland Professional Plaza P.O. Box 175 Northfield, NJ 08225 17 Tr C .
onner, Jr.
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