ML20093A542

Motion for Summary Disposition of Issue 6 Re Atws.No Genuine Issue of Matl Fact Exists & Ohio Citizens for Responsible Energy Entitled to Favorable Decision.Related Correspondence

ML20093A542
Person / Time
Site:	Perry
Issue date:	07/06/1984
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20093A543	List: ML20093A542 ML20093A548
References
NUDOCS 8407100617
Download: ML20093A542 (3)

Text

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131 REUGECr'-"

" 7"cz UNITED STATES OF At.: ERICA July 6,.1984 NUCLEAR REGULATORY COD!ISSION  !

Eefore the Atomic Safeiy and Licensine Board Oh ff; In the Matter of . ) i

) N <R)L ~ 9 g 2 ,3 7 CEEVELAND ELECTRIC ILLUMINATING ) Docket Nos. 50-M 0 C OMPANY , E t Al , ) (.5 0 -M1_ .

) (Operating L'icense')*

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(Perry Nuclear Power Plant, )

Units 1 and 2) )

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OCEE @ TION mR

SUMMARY

DISPOSITION OF ISSUE ID. 6 '

Intervenor Ohio Citizens for Pesponsible Energy ("CCRE") hereby files its notion for sumury disposition, pursuant to 10 CFR 2.749, of Issue No. 6 in this proceedmg, which states:

Applicant should install an autcmated standby liquid control system to mitigate the consequences of an anticipated transient without scram.

Since the Camtission has conpleted the A'IWS rulemaking, which in this case mandates the relief requested by Issue #6, CCRE is seeking sumary disposition of the issue in its favor as there exists no issue of material fact which would require a hearing on the matter.

~

'Ihe use of sumary disposition to ' resolve issues on which there exists no genuine issue of fact is encouraged in NRC proceedings.

. Northern States Pcuer Co. (Prairie Island Nuclear Generating Plant, Units 1 and 2), CLI-73-12, 6 Am 241 (1973) . 'Ihe opponent of a sumary disposition notion cannot simply rely on allegations and chnials; rather, the' answer must set forth specific facts shcwing there is a genuine issue of fact'to be heard. Virginia Electric and Pcuer Co. (North Anna Nuclear Power Station, Units 1 and 2), ALAB-584,11 NBC 451. (1980); see also 10 CFR 2.749.(b) .

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As discussed below (and sumurized in the attached Statement of ,

i Material Facts as to hhic:h 'Ihere Exists No Genuine Issue 'Ib Be Heard), -

l Applicants' own admissions fcm th,e basis of OCRE's notion.

On June 26, 1984, the Comission published in the Federal Begister the final A' INS rule (49 FR 26036) . See Attachment 1. 'Ihis rule requires that boiling water reactors granted a construction permit before July 26, 1984 that have beer designed and built to include autmatic SICS initiation.implecent tne autmatic initiation feature before the issuance of an operating license above 5% of full pcwer. New 10 GR 50.62 (c) (4) and (d) .

'Ihe Perry facility falls into this category. By letter of August 13, 1982, Applicants informed the NFC that the Perry SICS is capable of being autmated. See Attacirnent 2. In their updated answer to interrogatories on this issue, Applicants stated that the cost for converting the SICS initiation (which was to be manual even though 1/

automation is possible) to autmatic is $100,0007 'Ihis price includes .

Ievisions to design drawings and changes to control switches, indicating lights, and control logic circuits. See " Applicants' Supplemental Answers to Interrogatories on Issue Nos. 6, 8, and 15", dated February 29, 1984, updated response to Sunflower Alliance Interrogatory #22 , Second Set of Interrogatories to Applicants. It should be noted that this sum represents less than 0.002% of the total cost of Perry, estimated at $5.9 billion.

It is thus abundantly clear that there is no genuine issue of material fact to be heard on this issue, as Applicants will have to install an automat 5d SICS in order to comply with the Ccmnission's J/ Applicants' original response to the interrcgatory stated that the oost would be $10,000; no explanation of the ten-fold increase was given.

(See " Applicants' Answers to Sunflower Alliance Second Set of Interrogatories to Applicants" dated August 20,1982.)

regulations. OCRE therefore noves that the Licensing Board sunmarily l dispose of Issue #6 by ordering Applicants to au+mte (the SICS prior to exceeding 5% of full power.

Respectfully submitted, l A i

Susan L. Hiatt OCRE Representative 8275 Munson Rd.

Mentor, OH 44060 (216) 255-3158 Dated: July 6, 1984 4

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