ML20087N650
| ML20087N650 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 03/02/1984 |
| From: | Stewart C JACKSONIANS UNITED FOR LIVABLE ENERGY POLICIES |
| To: | |
| References | |
| 84-497-04-LA, 84-497-4-LA, NUDOCS 8404040142 | |
| Download: ML20087N650 (4) | |
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UNITED. STATES.,0F AMERICA NUCLEARiR E ULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND -LICESIN BOARD E bh.iIshh,g UR? tmh
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IN THE MATTER OF
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MISSISSIi'PI PG4ER & LIGHT
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DOCKET NO. 50 416
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ASLBP NO. BlL497 04 LA (GRAND GULF NUCLEAR STATION
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UNIT 1)
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1 PETIONER'S RESPONSE TO LICENSEE'S RESPWSE To "FIRST l
ORDER FOLLOWING PREHEARING CONFERECE (MODIFYING BRIEFING SCHEDULE)"
l Preliminary Statement On September 23, 1983, the NRC issued Amendment No.10 to Facility Operating License No. NPF-13 for the Grand Gulf Nuclear Station, Unit 1 (" Grand Gulf"). On November 17, 1983, Petitioner filed a petition to intervene and request for nearing on this anendment. On February 13,19%, in response to a January 11,19%,
Order of the Atomic Safety and Licensing Board (Board) designated to preside, Pe-titioner filed a. supplement listing three additional contentions. At the Pre-Hearing Conference held February 29,198% the allegations contained in the amended petition of December 11, 1983, we're designated Contentions 1, 2, and 3; those in the Supplement were designated Contentions 6, 7,, and 8. At the first Pre-Hearing Cen-ference, the Board held Contentions 2 and 3 moot. In a subsequent Order dated March 2,19%, the Board concluded that Contentions 2 and 3 might not be moot, and asked the Licensee and Staff to respond to thsm, a: well as to Centention 1.
Argument Contentions 1, 2, and 3, as well as 4, 5, and 6, should be considered in this proceeding. Petitioner, unlike Licensee, does not have the benefit of well-raid legal counsel. In. complying with the Board Order dated Feoruary 13,19%,
Fetitioner took the word " supplement" at face value. Webster's New World Dic-nonary defines supplement as"something added." Petitioner therefore saw no need 8404040142 840302 pnD AnncM G5000416 gg6
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9 to rapaat veraatim aller.ations made in paragraphs 6, 7, and 8 of the amended cetition. Contrary to the assertion of Licensee believes that all six contentions c.eet the ap;11cacle criteria and shoald oe heard.
Contention 1 The Licensee ' asserts in its response dated March 16, 1984, that a oest-estinate analysis is "ene which is performed utilizing the most realistic inputs and correlations available and it orovides results which are as close to reality as tne state-of-tbe-art allows." An unexpected change in peak cladding temperature has obvious implications for the safe operation of Grand Gulf. Licensee does not state that sufficient criteria were used. That the lack of sufficient analysis nay a* aue to a lack of availabla information rather than the failure of Licensee to make use of all available information does not answer the contention. The con-tention provides reasonable specificity and should be heard.
Contention 2 Licensee answers the contention of the Petitioner by accusing Petitioner of
" arbitrary" allegations. Licensee does not respond to the contention by showing tha't its SER assertien that J2 hours is safe is not aroitrary. The implications of a Li'cer.ute, res ensible for public health and safety, answering a serious al-r legation in this manner bring into question whether this Licensee is fulfilling its obligations of accountability and responsibility. Contention 2 raises a litigable issue and should be heard.
Contenti*c'n 1 Licensae arain fails to respond to the actual Contention. Rather than pro-viding evidence that information is available to support the SER assertion that 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> assures safety, Licensee states that "No basis whatsoever is provided for 4
JULE?'s speculation that 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> is insufficient to protect safety." This gives no assurance t'.a' t'~ public health and safety is being protected. JULEP raised, with the required specofocity, a reasonable concern. It is not, at this stage, required to
-prove-the allegation.
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.Mootness,
?etitioner agrees with Staff and Boa'ni that Contentions 2 and 3 should not be considered moot. Support for this is found in the conversations between Ken Lawrence and NRC officials cited in the original and amended petitions and Sholly
- v. NRC, Public Law 97.415 Conclusien Contentions 1, 2, 3, 4, 5, and 6 should be heard. All three meet tha basis and specificity requirement of 10 C.F.R. Section. 2. 714. The Board, accordingly,
- should admit Cententions 1, 2, 3, 4, 5, and 6 Ed order a Hearing.
Respectfully Submitted, L l% 0
^t C'ynthia Stewart, Jacksonians United for Livable Energy Policies
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.:;IT2D STAT 55 CF &! ERICA
'84 APR -2 A11 :04 NUCLEAR REGULATORY CCMMISSION LFFR E CF an,;-
_BE70RE THE ATCMIC SAFETY AND LICENSING SOARD00CCg Ei<va.:
IN TH6 MATTER OF
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.MISSISSI?PI POWER & LIGHT
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DCCKET NCS. 50 416
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ASLBP NO.
84 h97-04 LA (GR,CC TJL5.JClc.AR STATICS,
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UNIT 1)
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CERTIFICATE OF SERVICE I hereo'. certify that cocies of " Petitioner's Response to Licensee's Respcnse to 'First Crder Following Prehearing Conference (Modifying Briefing Schedule, dated March 29, 1984, in the captioned proceeding have oeen served uoon the followinr. $y deposit in the United States Mail this 29th day of March, 1984:
Hercert Gross.an, Chairman Atomic Safety and Licensing Board Atomic Safety and Licensing Board i
U.S. NRC U.S. NRC Washington, D.C. 20555 Washington, D.C. 20555
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Dr. James H. Carpenter Mary E. Wagner, Esq.
Atomic Safety and Licensing Board Counsel for NRC Staff U.S. NRC Office of Executive Legal Director W shinctor., D.C. 20555 U.S. NRC
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Washington, D.C. 20555 Dr. Peter A. Morris 5-
.. r daard Mississippi Power & Light Co.
'J. L..dC Attn: J.P. McGaughy, Jr.
-lashin-tor., D.C. 2?:55 Assistant Vice President Nuclear Production R t. a r* 3. McG o"^. E r r..
P. O. Box 1640 Jise, -arter, Child and Caraway Jackson, MS 39205 i
T, Heritaca Building
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Jackscr., MS 39201 Ken Lawrence JULEP E
Docketing and Service Branch P.O. Box 3568 U.S. NRC Jackson, MS 39207 I
'ashincton, D.C. 20555 I
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Atonic Safety ~ani Licen::ing Ap.ceal Board U.S. NRC a\\iL~ (ps - '
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I Cynthia Ann Stewart
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