ML20085K936

Motion for Limited Discovery Against NRC & Util Re 840215 Projected Fuel Load Date.Date Critical to Proceeding at Present Stage

ML20085K936
Person / Time
Site:	Byron
Issue date:	10/18/1983
From:	Whicher J DEKALB AREA ALLIANCE FOR RESPONSIBLE ENERGY, SINNISSIPPI ALLIANCE FOR THE ENVIRONMENT (SAFE), WHICHER, J.M.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20085K896	List: ML20085K895 ML20085K936
References
ISSUANCES-OL, NUDOCS 8310210219
Download: ML20085K936 (8)

Text

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00CMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '83 OCT 20 A10:51 ATOMIC SAFETY AND LICENSING BOARD CFFICE 0T SEC.:E";

Before Administrative Judges:

Ivan W. Smith, Chairman

$$hcf Dr..A. Dixon Callihan Dr. Richard F. Cole In the Matter of ) .

) Docket Nos. STN 50-454 OL COMM0HWEALTH EDISON COMPANY ) STN 50-455 OL (Byron Nuclear Power Station, )

Units 1 and 2) )

MOTION FOR DISCOVERY ON FUEL LOAD DATE Intervenors the Rockford League of Women Voters and DAARE/ SAFE, by their undersigned attorney, hereby move the Board for an Order permitting limitad discovery against the NRC staff and Commonwealth Edison pertaining to the fuel load date at Byron I, for the reasons set forth below.

The fuel load date for a plant nearing completion is often viewed by a Licensing Board as the date by which its initial decision on an operating license should issue. Understanding this fact to be a constraint in this proceeding, principally because the QA/QC portions of the proceeding continued past the date contem-placed for conclusion of the hearing, Intervenors believe that the fuel load date is of cri'tical importance in this proceeding, and at this time. This is particularly so due to the continual QA/QC problems and new information which have arisen, and may fairly be expected to arise

• as construction nears completion for Unit One.

l

• E.g., the results of the 82-05-19 reinspection program, and the Region III and Office of Investigations inquiries into allegations against Hatfield Electric Company.

8310210219 831018 PDR ADOCK 05000454 C PDR

The attached exhibits show the slippage in the fuel load date for Unit 1.

Exhibit Number Dated Projected Date A January 6, 1982 confirms April,1983

.B January 18, 1983 confirms August 31, 1983, hinting at a possible 4-month delay C April 13, 1983 November, 1983 D June 22, 1983 December, 1983 E October 3, 1983 February 15, 1984 i Exhibit E, the most recent letter moving back the fuel load date, states:

"The revision is attributable to unanticipated additional work required to complete piping supports and to modify sections of the ventilation duct work."

Exhibit E letter is cast, as are the other exhibits, in ambiguous terms indicating Edison's uncertainty as to whether the February 15 proj ection will be met.

During the August phase of the QA/QC hearings, the Region III panel was asked its best estimate for the fuel load date.*/ Each panel member indicated his opinion that %pmn I would not be ready for fuel load until sometime between April and June, 1984.

(tr. 7993-94) Indeed, at least Mr. Hayes had held that view for some months.

Accordingly, Intervenors respectfully move the Board to issue an order allowing them to undertake limited discovery pertaining to the achievability of the February 15, 1984 fuel load date, in order to avoid potentially undue pressure on the Board in its

• / Intervenors note that this information cane before the Board Huring the in camera ex parte session the evening before, and that the question regarding fuel load date was put publicly to the panel by the Licensing Board itself.

resolution of issues in this proceeding.

Respectfully submitted, cA O -\,

ke D v Q. -

Jane M. Whicher Attorney for Intervenors The League of Women Voters and DAARE/ SAFE on all issues and matters pertaining to quality assurance / quality control October 18, 1983 Jane M. Whicher 109 North Dearborn Chicago, IL 60602 (312) 641-5570 I

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ISHAMCOUNSELORS LINCOLN & BEALE AT LAW I

ONC FIRST NAtlON AL PLAZ A FORTY $CCONO FLQQR '

CMsCAGO. ILLINOIS 60603 TELCPMONE 312

• S58 7500 TELEX:2 5288 January 6, 1982 " ' * * *

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W.$HiNG TON. D. C. 2OO 3 6 sO2.en erso Marshall E. Miller, Esq., Chairman Dr. A. Dixon Callihan Atomic Safety and Licensing Board Union Carbide Corporation Panel P. O. Box Y U.S. Nuclear Regulatory Commission Oak Ridge, Tennessee 37830 Washington, D.C. 20555 Dr. Richard F. Cole Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: In the Matter of Commonwealth Edison Company (Byron Station, Units 1 and 2) Docket Nos.

50-454 & 50-455

Dear Administrative Judges:

Recently, Commonwealth Edison Company announced a change to the projected commencement of commercial operation dates for Byron Station Units 1 and 2. The date for Byron Unit 1 has been extended from October, 1983 to February, 1984, and for Byron Unit 2 from October, 1984 to February, 1985. The scheduled fuel load dates for the Byron Units remain unchanged; April, 1983 for Unit 1 and April, 1984 for Unit 2.

Of course, there can never be absolute certainty that construction or preoperational testing will be completed on schedule. At this time, the Company believes that the Byron facility will be completed and ready for fuel loading as currently projected. However, the Company has also developed contingency plans in the event it becomes necessary to extend the fuel- load dates. The Company presently anticipates being in a position to determine whether such an extension will be necessary sometime in the spring of 1982. If there EXHIBIT "A" e

, 1 are any further changes to either the projected dates for fuel loading or commencement of commercial operation, we will keep the Board advised of such developments.

Respect <u. 4

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Ala)n P.' elawski One of the Attorneys for Commonwealth Edison Company APB/gi cc: Service List

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January 18, 1983 In the Matter of )

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COMMCNWEALTH EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL (Byron Nuclear Power Station, )

Units 1 to 2) ) <

Hon. Ivan W. Smith Administrative Judge and Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Judge Smith:

You have recently inquired regarding the Applicant's current estimates of the fuel load date for Byron Station Unit 1.

The Company has just concluded its semi-annual budget review. The target fuel load date for Byron Unit I remains August 31, 1983. The Company believes that fuel load by that date is achievable. Nonetheless, there are a substantial number of construction and pre-operational testing matters which must be concluded on a timely basis in order for fuel load to proceed on that date. Accordingly, as a planning contingency, the Company's budget for the project includes provisions which the company believes sufficient to provide for a delay of up to four months in the fuel load date. Notwithstanding this planning con-tingency, Commonwealth Edison Company is devoting all resources necessary to achieve fuel load by the August 31, 1983 date.

I will, of course, keep the Board and parties informed of any developments with respect to the fuel load date for Byron Unit 1.

Sincerely, Neklr!

MIM:es Michael I. Miller One of the Attorneys for

1. Commonwealth Edison Company cc Service List EXHIBIT "B"

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WASH N.G m.m . 20036 April 18, 1983 In the Matter of ) *

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COMMONWEALTH EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL (Byron Nuclear Power Station, )

Units 1 & 2) )

Hon. Ivan W. Smith Administrative Judge and Chairman Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Judge Smith:

This letter is sent in accordance with the commitment expressed in my letter to you of January 18, 1983, to keep the Board and the parties informed re-garding estimates of the fuel load date of Byron Unit 1 The schedule of construction activities and pre-operational .

testing has resulted in a change in the estimate to a i date later than August 31. The current estimate is that fuel will be loaded in Unit 1 in November, 1983. While it is conceivable that fuel load could be accomplished earlier than November, the Company is using that date for planning purposes. There are, of course, contingencies which could cause fuel load for Unit 1 to' occur later than November.

/ I will continue to keep the Board advised of any -

f changes in the scheduled fuel load date for Byron Unit 1.

Sincerely,

).

MIM:es Michael I. Miller One.of the Attorneys for Commonwealth Edison Company cc Service List EXIIIBIT "C"

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ISHAM, LINCOLN & BEALE COUNSELORS AT LAW Y THREE FutSt =ATIO.eAL Pt.A2A 1

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wAsw.,a.r,o=4. c mes June 22, 1983 In the Matter of )

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COMMONWEALTP EDISON COMPANY ) Docket Nos. 50-454 OL

) 50-455 OL (Byron Nuclear Power Station, )

Units 1 & 2) )

Hon. Ivan W. Smith Administrative Judge and Chairman Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commiscion Washington, D. C. 20555

Dear Judge Smith:

This letter is sent in accordance with the commitment expressed in my letter to you of January 18, 1983, to keep the Board and the parties informed re-garding estimates of the fuel load date of Byron Unit

1. The current estimate is that fuel can be loaded in Byron Unit 1 in December, 1983. While it is conceivable that fuel load could be accomplished earlier, the company is using this date for planning purposes. There are, of course, contingencies which could cause fuel load to occur later than the above dates.

I will continue to keep the Board advised of any changes in the scheduled fuel load date for Byron Unit 1.

Sincerely, 1

l MIMaes

.a Michael I. Miller /

One of the Attorneys for Commonwealth Edison Company ec Service List EXHIBIT "D"

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3 .e,vy ISHAM, LINCOLN & BEALE ~

COUNSELORS Al LAW THREE FIRST NATOMAL PLAZA CHICAGO. ILUNOL5 6000f -

TELEPHONE 312566 M00 ED OS WB WASHINGTON OFFICE TELEX t5288 H20 CONNECT TA ENUE,N W wittau s etau. ines =>

October 3, 1983 , *^5*%'$.E.* ""

Ivan W. Smith, Esquire Dr. Richard F. Cole Administrative Judge and Administrative Judge Chairman Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. A. Dixon Callihan Administrative Judge Atomic Safety and Licensing Board-c/o Union Carbide Corporation '

P.O. Box Y Oak Ridge, Tennessee 37830 Re: In the Matter of Commonwealth Edison Company (Byron Nuclear Power Station, Units 1 and 2)

Docket Nos. 50-454 and 50-455

Dear Administrative Judges:

Recently, Commonwealth Edison Company informed the NRC Staff that it had revised its schedule for initial fuel loading at Byron Unit 1. The target date for loading fuel has been revised from December 1, 1983 to February 15,-1984.

The revision is attributable to unanticipated additional work required to complete piping supports and to modify sections of the ventilation duct work. While the Company believes the February 15, 1984 fuel load date is achievable, there are contingencies which could cause further delay. We will, of course, continue to keep the Board and the parties advised of these matters.

Very..truly yours,

. O i l '"e{ {. ;. *

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Michael I. Miller One of the Attorneys for Commonwealth Edison Company MIM:gi cc: Service List EX111 BIT "E" J