ML20082R739
| ML20082R739 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 12/08/1983 |
| From: | Lodge T SUNFLOWER ALLIANCE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| ISSUANCES-OL, NUDOCS 8312130283 | |
| Download: ML20082R739 (4) | |
Text
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l DOCKETED L'51 RC UNITED STATES OF AMERICA IUCLEAR REGULATORY COf44ISSION Before the Atomic Safety and Licensing Appeal aMC 12 All:47 DF7: =
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- In the f4atter of
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DocketNos.C06dJ2.xa('odi)9.,
50- M N)
CLEVELAIO ELECTRIC ILLUMINATING
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COMPANY, et. al.
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(Perry Duclear Pmer Plant, Units 1 and 2)
)
)
SUI &lDAER'S EXCEPTIONS TO ' PARTIAL INITIAL DECISION' AND PRELIMINARY RULIIGS OF LICENSItG BOARD Ikw comes intervenor Sunflower Alliance, Inc., (" Sunflower"),
^
by and through counsel,- and pursuant to 10 CFR 2.762, takes exception to the December 2, 1983 " Partial Initial Decision Quality Assurance Ccntention" of the Atanic Safety and Licensing Board in this pn>-
ceeding, and to certain preliminary readings of said Board. Said exceptions follm:
1.
Sunf1mer excepts to the finding of the majority of the Board did not overzealously and prejudicially con-duct and intervene in the adjudica-tion of the quality assurance con-tention (Issue No. 3) in this tratter, all to the procedural and substantive detriment of Sunflower as an intervenor.
Said detennination appears in the Board's August 30,1983 "Merrorandum and Order (Procedural Objections and Staff witness Question [ sic])."
2.
Sunflower excepts to the determination of the Board that Sunflower was not deprived of a fair hearing by'the withdrawal of its lead counsel on the eve of the hearing, thereby foreclosing a reopening of the hearing record. This ruling was embodied in the Board's August 30,1983 "Menoran-dum and Order" cited hereinbefore.
3.
Sunflower excepts to the determination of the Board that Sunflower was not prejudicially and irrproperly deprived of L
8312130283 831200 4
DR ADOCK 05000
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the opportunity to cross-examine a Staff inspector. 'Ihe inspector, whose identity was never disclosed by other Staff wit-nesses, apparently had registered strong dissenting views concerning the adequacy of quality assurance quality controls efforts of the Applicant. Although the 4
phantom inspector was repeatedly referred to in testinony, and his views and inter-nal ameliorative steps of Staff were pre-sented as substantive evidence, the Board rejected hearsay contentions and requests that the individual be perscn-ally produced for cross-examination.
4.
Sunflower excepts to the rulings of the Board in LBP-83-74 (Ibvember 10, 1983) and LBP 83-52 (1983), in that the Board should have reopened the record for readjudication in the manner requested by intervenor OCRE and by Sunflower.
Further, the Board should not have closed the quality assurance record by said rulings, as such decision controvenes the weight of the evidence, and the under-lying burdens upcn Applicant.
S.
Sunflower excepts to the Board's decision that Applicant met the standards of 10 CFR Part SO, Appendix B, Criterion II, and Criterion XVI and to the Board's adoption of a " reasonableness" standard in interpreting the term "prcriptly" in Criterion XVI.
6.
Sunflower excepts to the Board's findings l
that Applicant and/or Ccmstock timely took corrective actions concerning ARs and CARS.
7.
Sunflower excepts to the Board's finding that Applicant adequately provided over-sight of Ccrnstock.
l 8.
Sunflower excepts to the Board's limita-tion of adjudicatory testinony to Comstock, and to quality assurance in the electrical area only.
9.
Sunflower excepts to the Board's finding that Applicant's NR system has achieved timely identification and correction of i
nonconforming conditions in the electri-l cal area.
I j
10.
Sunflower excepts to the Board's finding that the nonconpliances in the Mctice of Violation and noted further in Report Page 2.
~.
Ho. 81-19 did not raise serious safety problems.
- 11. Sunflower excepts to the " Partial Initial Decision" as being against the manifest weight of the evidence, arbitrary, and contrary to law.
12.
Sunflower excepts to the failure of the Board to adopt Sunflower's proposed find-ings in all other respects not specified hereinbefore.
hEEREFORE, Sunflower prays the Atanic Safety and Licensing Appeal Board to hear these exceptions on their merit briefs, and upon such deliberations, to reverse tne Atanic Safety and Licensing Board's determinations in all respects.
c A.. I -
l.') Ans /\\ L~*2 L/
Terry J.
ge
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Counsel
'r Sunfic/er Alliance, Inc.
618 North Mithigan\\ Street, Suite 105 Toledo, Ohio 43624 (419) 255-7552 CERTIFICATION I hereby certify that a copy of the foregoing " Exceptions to ' Partial Initial Decision' and Preliminary Rulings of Licensing 3
Boarti" was sent by me via regular U.S. Mail, postage prepaid, this 8th day of December,1983, to all parties on the accompanyirg " Service List".
fft.t.p,)/ j./A. )t /.
Terry J.'idd i
{
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l Page 3.
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SERVICE LIST Peter B. Bloch, Chairman Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Jerry R. Kline Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Glenn O. Bright Atomic Safety & Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing & Service Section Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Colleen P. Woodhead, Esq.
' Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Jay Silberg, Esq.
1800 M Street, N.W.
Washington, D.C.
20036 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
-20555 Susan L. Hiatt 8275 Munson Road Mentor, Ohio 44060 Christine N. Kohl, Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Gary 3. Edles, Esquire Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555