ML20087H632

Motion to Delete Specific Instances in Support of Contention VI-1 Advanced by Air & Water Pollution Patrol as Unrelated to Welding or Welding QA Activities.Certificate of Svc Encl

ML20087H632
Person / Time
Site:	Limerick
Issue date:	03/19/1984
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8403210103
Download: ML20087H632 (10)

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, 00CKETED USNRC UNITED STATES OF AMERICA '84 tiAR 20 A10:54 NUCLEAR REGULATORY COMMISSION' 7-LFF4 CCCri-ETivi OFi SF' SEg;;;k Before the-Atomic. Safety and Licensing Board ER/.N;y In the Matter of )

)

Philadelphia Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick-Generating Station, )

Units-1 and 2)~ )

APPLICANT'S MOTION TO' DELETE-SPECIFIC INSTANCES IN SUPPORT OF CONTENTION VI-1 ADVANCED BY AIR AND WATER POLLUTION PATROL AS UNRELATED TO WELDING OR WELDING RELATED QUALITY ASSURANCE ACTIVITIESl/

-In - its' Order Confirming Miscellaneous Oral Record

. Rulings (March- 15, 1984) , the Atomic Safety .and Licensing Board confirmed its ruling made at.the prehearing conference ,

(Tr._8326-27) that Applicant and NRC Staff may move by March 20, 1984 that one or more of AWPP's listed examples do not relate to welding 'or welding related quality assurance activities. As required by that order, the NRC Staff, AWPP and Applicant have attempted to discuss the pertinence to welding and welding ins'pection of the specified items

-1/ Staff counsel has discussed AWPP's list with Applicant's-counsel and has reviewed the motion. The Staff agrees with the Applicant's characterizations of 141, 144, 210,._242 and 245, 260A 1 and 2, 260B, 260C, and 180B, and' it is the Staff's view that the items

. which. the Applicant would exclude do not relate to welding- or welding related quality assurance activities.

8403210103 840319 fA D A

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discussed below, but have been unable to do so. 2/ As

-discussed :below, ~ Applicant moves that the following instances cited by Mr. Romano in support of Contention VI-l not be considered by the Board because they are unrelated to wel' ding . or - welding related quality assurance activities.

Each of the instances discussed below is keyed to the

-document number that AWPP supplied. In certain instances, more than one AWPP number relates to the same instance.

These are grouped together below.

1. AWPP 141-(page 2 of Appendix A to IE Report 352/77-02).

AWPP 144 (IE Report 352/77-02, page 8, Item 1).

-AWPP 141 is from the Notice of Violation and the second is from the portion of the Inspection and Enforcement Report providing the detailed account of the matter. This instance relates to contamination ' of the stainless steel exterior surfaces of - the spent fuel pool liner with the slag / iron residue from a thermal metal cutting process"3/ and contamination of interior surfaces "by an unidentified residue which had apparently teen deposited in the presence 2/ Staff counsel attempted unsuccessfully to contact Mr.

Romano on Saturday, March 17, 1984. Applicant's counsel spoke with Mr. Romano on Monday, March 19, 1984. Mr. Romano stated that he wanted to cooperate, but could not discuss it on that date because of other things he had to do.

3_/ AWPP 141.

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3-6 of high heat . .. . "O Nowhere on page AWPP 141 or AWPP

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144 is there any indication whatsoever that the deficiency relates to welding. To the contrary, the NRC found that

.this matter is related to 10 C.F.R. 50 Appendix B Criterion

-XIII which concerns controlling the handling and preservation of material to prevent damage or det erioration.

Thus, on their face, the matters are unrelated to welding or welding related quality assurance activities.

2. AWPP 144 (IE Report 352/77-02, page 8, Item 2).

This matter, designated by the NRC as 77 02-03, involves the failure to distribute certain quality assurance material in accordance with job instructions.b It is specifically noted in the paragraph that the Peabody Testing Quality Control Group actually doing the work had cop j es of

' the - document with the latest approved edition. The mere fact that other manuals were found not to have the latest f

l instructions is unrelated to any welding or welding related quality assurance matter. Neither is there any indication

-that any work performed was not in accordance with the latest instructions.

4/ Id. -

-5/. It is not clear whether AWPP had intended to include this matter as one of its specific examples. There are no AWPP-supplied' marginal notations regarding this ,

example.

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3. AWPP 210 (Page 1 of Appendix A to IE Report 352/80-12).

This apparent item of noncompliance related to the failure of one individual who was employed as a QC inspector performing receipt inspections without- being properly certified as a qualified inspector to perform such function.

Nowhere on-the face of the inspection report is there any indication that this matter relates at all to inspection of welding or welding related quality assurance. This matter

.should not be considered by the Board.

4. AWPP 242 (Page l'of Appendix A to IE Report 352/81-01).

AWPP 245 (IE Report 352/81-01, page 5).

1 These two items relate to the use of an In Process Rework Notice (IPRN) rather than a Nonconformance Report (NCR) to document nondestructive indications found on the

. surf ace . of an ASME valve body casting. Thus, this matter does not involve welding, but only indications on the valve body 'itself. At most, this matter involved a question of the proper documentation to note a nonconforming condition and in no way concerns welding or welding related quality assurance. The last two paragraphs of this item make clear e

that the liquid penetrant test indications on components which were involved in this matter were in the base metal and. unrelated to welding.

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5. AWPP-260A (Page 1 of Appendix A to IE Report 352/83-19, Item 1).

Item 1 of the Notice of Violation refers to a failure to provide cleanliness control following disassembly of a feedwater- system . containment isolation valve. There is no stated ' relationship to welding or welding related quality assurance.

6. AWPP 260A (Page 1 of Appendix A to IE Report 352/83-19, Item 2).

This matter relates to a deficiency noted in the

" program established for engineering and quality inspection of pipe support hangers."6_/ There is no mention of any inadequacies related to welding and welding inspection. The f'

relevant portions of the inspection report, which are append'ed'to.this pleading.as Attachment 1, clearly show that the reference is to the failure of inspections to identify hanger design deficiencies which led to . a condition where there'was binding between components of the hanger. Thus,

-there is no basis to support the assertion that this instance- relates to welding or welding related quality assurance.

6/~ AWPP 260A.

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7. AWPP 260B (Page 2 of Appendix A to IE Report 352/83-19).

This matter . . relates to a nonconformance report. A project procedure permits only one . nonconforming condition to be reported in each NCR. The violation related to a single NCR which included additional nonconformances. There is no- demonstrated relevance between this instance and welding or welding related quality assurance activities.

8. AWPP 260C (cover letter to IE. Report 352/83-19).

This cover -letter relates to' an NRC concern over perceived weaknesses in the Quality Assurance and Quality Control programs applied to systems for which construction

'has been essentially completed and which are then turned over to-the startup organization for. testing. On its face, this matter is unrelated to welding and AWPP has failed to

'show how it is related.

9. AWPP 180B (NCR No. 1366).

As discussed at the prehearing conference, it is noted that this nonconformance r,eport relates to a "non 0" item as stated in block 19 of the NCR. Therefore, there is no reason for the Board to consider this matter since the contention is related only to safety related welding.

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- - 7._

For the' foregoing instances , the particular matters advanced by AWPP and challenged by Applicant should not be

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considered by.the Board in support of AWPP Contention VI-1.

Respectfully submitted, CONNER & WETTERHAHN, P.C.

ph T.

Mark J. Wetterhahn Counsel for the Applicant March 19', 1984 h

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, UNITED' STATES OF AMERICA

, NUCLEAR REGULATORY COMMISSION

, 'In/the Hatter /of )

)

-Philadelphia: Electric Company ) Docket Nos. 50-352

) 50-353 (Limerick Generating' Station, )

Units 1 and 2)' )

CERTIFICATE OF SERVICE.

I-hereby certify that copies of'" Applicant's Motion to Delete- Specific Instances in Support of Contention . VI-l

' Advanced By-Air and Water Pollution Patrol as Unrelated to

~ Welding or Welding Related Quality Assurance Activities" dated March 19, -1984 in the captioned matter have been

. served upon .the following by deposit in the United States mail'this 19th day of' March, 1984:

- *JLawrence Brenner, Esq.E(2)

Atomic Safety and Licensing Atomic. Safety and Licensing '

Appeal Panel Board UI.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission

. Commission. .

Washington, D.C._ 20555 Washington,.D.C. 20555.

Docketing and Service Section-

=* ,

Dr. Richard F. - Cole Office of the Secretary.

. Atomic. Safety and U.S. Nuclear Regulatory Licensing Board Commission U.'S.LNuclear Regulatory Washington, D.C. 20555 Commission E Washington, D.C.- 20555

• Ann P. Hodgdon, Esq.

Counsel for NRC Staff Office

-*- Dr. Peter A.' Morris-i of the Executive Atomic,Safetyiand Legal Director

. Licensing-. Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission- Washington, D.C. -20555

Washington, D.C. 20555 4

• Hand Delivery on March 20, 1984 a

)

Atomic Safety and Licensing Steven P. Hershey, Esq.

Board Panel' Community Legal U.S. Nuclear Regulatory Services, Inc.

Commission Law Center West North Washington, D.C. 20555 5219 Chestnut Street Philadelphia, PA 19139 Philadelphia Electric Company ATTN:- Edward G. Bauer, Jr. Angus Love, Esq.

Vice President & 107 East Main Street General Counsel Norristown, PA 19401 2301 Market Street Philadelphia, PA 19101 Mr. Joseph H. White, III 15 Ardmore Avenue

' *

• Mr . Frank R. Romano Ardmore, PA 19003

<61 Forest Avenue Ambler, Pennsylvania 19002 Robert J. Sugarman, Esq.

Sugarman, Denworth &

Mr. Robert L. Anthony Hellegers Friends-of the Earth of 16th Floor, Center Plaza the Delaware Valley 101 North Broad Street 106 Vernon Lane, Box 186 Philadelphia, PA 19107 Moylan, Pennsylvania 19065 Director, Pennsylvania Mr. Marvin I. Lewis Emergency Management Agency 6504 Bradford Terrace Basement, Transportation Philadelphia, PA 19149 and Safety Building Harrisburg, PA 17120 Phyllis Zitzer, Esq.

Limerick Ecology Action Martha W. Bush, Esq.

P.O. Box'761 Kathryn S. Lewis, Esq.

762 Queen Street City of Philadelphia Pottstown, PA 19464 Municipal Services Bldg.

15th and JFK Blvd.

Charles W. Elliott, Esq. Philadelphia, PA 19107 Brose and Postwistilo 1101 Building lith & Spence W. Perry, Esq.

Northampton Streets Associate General Counsel l

Easton,=PA 18042 Federal Emergency Management Agency 500 C Street, S.W., Rm. 840 Zori G. Ferkin, Esq.

Assistant Counsel Washington, DC 20472 Commonwealth of Pennsylvania Governor's Energy Council Thomas Gerusky, Director 1625 N. Front Street Bureau of Radiation Harrisburg,-PA 17102 Protection Department of Environmental Resources 5th Floor, Fulton Bank Bldg.

Third and Locust Streets Harrisburg, PA 17120

• • Federal Express

.h Jay M. Gutierrez, Esq.

U.S. Nuclear Regulatory Commission RegionLI 631~. Park Avenue King of Prussia, PA 19406 James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory

. Commission P.O. Box 47

-Sanatoga, PA 19464 Timothy--R.S. Campbe11 Director Department of Emergency Services 14 East Biddle Street West Chester, PA. 19380 b-Mark J. Wetterhahn /

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