ML20079J072
| ML20079J072 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 01/17/1984 |
| From: | Ellis J Citizens Association for Sound Energy |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8401240204 | |
| Download: ML20079J072 (6) | |
Text
-
o UNITED STATES'0F AMERICA NUCLEAR REGULATORY COMMISSION 00CMETED-BEFORE THE ATOMIC SAFETY AND LICENSING BOARN In the Matter of
'84 JAN 23 Pl2:23 APPLICATION OF TEXAS UTILITIES Dockeb Mot.y50-4,45 GENERATING COMPANY, ET AL. FOR
'C'6cRighd 1593446 AN ORERATING LICENSE FOR BRANCH CDMANCHE PEAK STEAM ELECTRIC STATION UNITS #1 AND #2
'(CPSES) g CASE'S MOTION FOR RECONSIDERATION OF BOARD'S 12/28/83 MEMORANDUM AND ORDER (Quality Assurance for Design) 4 In its 12/28/83 Memorandum and Order-(Quality Assurance for Design),
the Board stated that motions to reconsider may be filed 20 days after issuance of the Board's Order. CASE (Citizens Association for Sound Energy), Intervenor herein, hereby files this, its Motion for Reconsideration of the Board's Order.
In general, CASE is in agreement with the Board's Order.
It is obvious that the three members of the Board, in arriving at this unanimous decision, put in many long hours reviewing and analyzing the very detailed and. complex record of these proceedings. CASE appreciates'the Board's efforts.
There are just a few matters which CASE believes sh'ould be reconsidered by the Board.I Independent Design Review (Board Order, at pages 73-75):
Independenc~ and Qualifications.
It is CASE's understanding that e
the individual with Cygna Energy Services who is acting as liason between l One matter which we believe was just a typographical error is the spelling of CASE's name; it should be Citizens Association for Sound Energy, rather than Citizens Association for Safe Energy.
8401240204 840117 DR ADOCK 05 4
W
^D.
(
Cygna and Applicants was formerly employed by Applicants. Further, as demon-strated in the Cygna (draft) Report itself, it relied upon portions of the SIT Report and upon conversations with Applicants to arrive at some of its 2
conclusions,. Further (as was the case with the SIT Report and the NRC Staff),
Cygna at no time contacted CASE or CASE's witnesses regarding the report or its contents. With the ties between Applicants and Cygna which have already been established, and with the reliance by Cygna on portions of the SIT Report, CASE does not believe that Cygna can claim the independence necessary to assure the results desired by the Board. CASE moves that the Board revise this portion of its charactersitics to include independence criteria which reflects CASE's concerns in this regard, and which excludes Cygna from consideration as the organization to conduct the independent design review.
Scope. During the 1/12/84 conference call, the Board ascertained that Applicants had not provided Cygna with.a copy of the Board's 12/28/83 Memorandum and Order (Quality Assurance for Design) and ordered them to do so. There is no reason to believe that Applicants will provide a copy of the Board's Order or of CASE's 8/22/83 Proposed Findings of Fact and Conclusions of !.aw (Walsh/Doyle Allegations) -- which CASE believes to be the only document.
which' accurately represents CASE's allegations regarding design -- absent a direct order from the Board. CASE moves that the Board so order.
CASE agrees that the independent reviewers should respond, in detail to each allegation of CASE concerning hardware design problems.
2 This will be discussed in more detail during the upcoming hearings on the draft Cygna Report.
4.
However, we b.elieve that only CASE.can properly articulate and sunnarize those allegations.
(As stated in the Board's 12/28/83 Order, pages 71 and 75, 1
the Board's Order did not address each of the Walsh/Doyle allegations, and in some instances does' not go into great detail regarding those allegations.)
CASE moves that the Board include in its characteristics some method for CASE witnesses Walsh and Doyle to accompany or at least meet with the chosen independent reviewers to detail their allegetions and make certain that the reviewers understand these complex allegatiens.3 Documentation and Presentation. CASE believes that there should be some procedure set up whereby CASE (or other parties) could request dis-covery should calculations or analyses be deficient or incomplete enough to allow proper analyses, and we so move.
Sample. CASE believes that the Board needs to be more specific about the "several systems" to be reviewed and specify a definite number of systems.
Further, CASE believes that the Board should select the systems to be reviewed, rather than leaving it to the Applicants; allowing Applicants to select the systems could bias the sample to begin with.
CASE suggests that the Board solicit suggestions from the parties, along with reasons for each suggested system.
CASE moves that the Board specify a definite number of systems to be reviewed, that the Board select the systems (perhaps with suggestions from parties); we 61so move that the Beard include systems which contain those deficiencies to be identified by CASE's witnesses (as discussed on page 7, CASE's 1/13/84 Motion for Reconsideration of Scheduling Orders).
3 This will assure that there will not be a repeat of what happened during the Maf 1983 hearings, where the NRC Staff had not fully understood and dealt with Messrs. Walsh and Doyle's concerns, thereby necessitating those cor.cerns having to be dealt with at a later time by affidavit.
4-For the reasons stated herein.. CASE moves that the changes set forth herein be made in the characteristics for an independent design review listed by the Board on pages 73-75 of its 12/28/83 Memorandum and Order (Quality Assurance for Design).
Respectfully submitted, I
(ANrs.) Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446 l
l l
i a
4 I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD _
In the Matter of I
l APPLICATION OF TEXAS UTILITIES Q
GENERATING COMPANY, ET AL. FOR Q
Docket Hos. 50-445 l
AN OPERATING LICENSE FOR Q
and 50-446 COMANCHE PEAK STEAM ELECTRIC Q
STATION UNITS #1 AND-#2 (CPSES) l CERTIFICATE OF SERVICE
~
j By my signature below, I hereby certify that true and. correct copies of CASE's MOTION FOR RECONSIDERATION OF 'B0ARD'S 12/28/83 MF.MORANDUM AND ORDER (QUALITY ASSURANCE FOR DESIGN) have been sent to the names listed below this 17th day of January
,1984,
by: Express Mail where indicated by
- and First Class Mail elsewhere.
Administrative Judge Peter B. Block,
Alan S. Rosenthal, Esq., Chairman U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Washington, D. C.
20555 Dr. Kenneth A. McCollom, Dean Dr. W. Reed Johnson, Member Division of Engineering, Atomic Safety and Licensing Appeal Board Architecture and Technology U. S. Nuclear Regulatory Commission Oklahoma State University Washington, D. C.
20555 Stillwater, Oklahoma 74074 Dr. Walter H. Jordan Thom= S. Moore, Esq., Member Carib Terrace Motel, Apt.10 Atomic Safety and Licensing Appeal Board 552 N Ocean Blvd.
U. S. Nuclear Regulatory Comission Pompano Beach, Florida 33062 Washington, D. C.
20bbb Nicholas S. Reynolds, Esq.
Atomic Safety and Licensing Appeal Panel Debevoise & Liberman U. S. Nuclear Regulatory Comission 1200 - 17th St., N. W.
Washington, D. C.
20555 Washington, D. C. '
20036 Docketing and Service Section (3 copies)
Geary S. Mizuno, Esq.
Office of the Secretary Office of Executive Legal Director U. S. Nuclear Regulatory Comission U. S. Nuclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555 Atomic Safety and Licerising Board Panel U. S. Nuclear Regulatory Comission Washington, D. C.
20555
Certificate of Service Page 2
(
David J. Preister, Esq.
Assistant Attorney General i
Environmental Protection Division P. O. Box 12548, Capitol Station
. 78711 Austin, Texas John Collins Regi~onal Administrator, Region IV U. S. Nuclear Regulatory Comission 611 Ryan Plaza Dr., Suite 1000 Arlington, Texas 76011 Mr. R. J. Gary Executive Vice President and General Manager Texas Utilities Generating Company 2001 Bryan Tower Dallas, Texas 75201 Dr. David H. Boltz 2012 S. Polk Dallas, Texas 75224 Lanny A. Sinkin 114 W. 7th, Suite 220 Austin, Texas 78701
/d,.shw l < *e_)
pCASE (Citizens Association for Sound Energy) irs.) Juanita Ellis, President 1426 S. Polk Dallas, Texas 75224 214/946-9446 i
. _ _. _ _ _. _ _