ML20093A546

Corrected Motion in Opposition to Applicant 840509 Motion for Expedited Partial Initial Decision & Issuance of Low Power License for Loading & Testing & Submission of Contentions Based on New Matter

ML20093A546
Person / Time
Site:	Limerick
Issue date:	05/18/1984
From:	Anthony R ANTHONY, R.L., FRIENDS OF THE EARTH
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8407100620
Download: ML20093A546 (2)

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%g C o r . w i d._- C. c o U.S. NUCLEAR RIGULATCRT COMMISSICI.... ATOMIC SAFETY AND LICENSING BOARD RE: PHILA ELEC. CO.

Licerick Cen. Sta. Units 1& 2 Docket # 50- 352, 353

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MOTICE BY R.L. ANTHONT/?OE (In t no Delaware Valley) IN OPPOSITION TO APPLICA5T'S MOTION FOR AN SIPEDITED PARTIAL INITIAL DECISION AND ISSUANCE OF A LOW POWER LIC-ENSE FOR LOADING AND TESTING ; AND SUBMISSION OF CONTENTIONS BASED ON NEW MATTEH.

% ' a -5 pg 39 In accordance with 10 C.I.R. Sec. 50 57 (c) with respect to the rights of parties to be heard on relevant contentions, R.L.inthony/F0E sub:atts the contentions bolow,and moves that these be admitted s.nd be given full hearing and$oNhideration, chile during this time no expedited partial initial decision be'made nor any low power license be granted for fuel loading and low power testimg.

We assert that PEC6's notion of 5/9/84 is in violation (Par #1) of 10 CFR 50 57 (c) in asking to operate " not to exceed 5 % of power" while Par. ( c) pro-vides for up to only 1 T, of full power. Further the PEco motion and the state of' constmetion at the plant (Unit 1) do not satisfy 10 CFR 505f*(k),(2),(3),

(4),and (6),and (b),as specified below.

Contantion 1. The plant cannot safuly have fuel loading or any level of test-ing until ASLB determines that the structures are designed to withstand explosions from outside (Cont. 7 3a sud 3b) and the risks from such explosions have been miti-gated to the extent specified in Anthony /FOR Findings and donclusions 5/2/84, page 8, # l-6. ( 7 3a and 3b)

Cont.2.No fuel loading or testing until the " Independent Design Review Pro-gram" has been carried through and construction verified in compliance with design.

This review has not yet begun and has only been recently approved by NRC ( See 5/15/84letter A.Schwenee z to J.S. romper.)

Cont. 3. Violations of FSAR in the,"tyn-over" process. ( See NRC Meeting He-Port 50-352/e4-33) 4/30/84 p.1 Para. 3, Appendix 1- Severity Level I7 Violattoa.

TA P Cont. 4. Missing information, NUREG-0737, Items II F 1. Attachments 1,and 2, ,

( noble gas monitors analysis of plant effluents.),and Item III.D.l.1 ( integrity cf containment of radioactive material). S** 5/9/84 letter 1/Schwencer- E.c. Bauer.

Cont. 4 a.NRC Inspection Report # 84-05,5/4/84 gt, ages p.1 Para.3 : " The .

1 spections of the Radiation Protection Program found the majority of the program ,

neoded to sup; ort fuel load and power operation,had not been established." PEco th-

nnuot be allow to lo,d fuel until these requirements are satisfied. See # 84-05 1 D3 tails, p.2, p.3. ep.4. P.S.,p.6., and p.7 8407100620 840518 .

PDR ADOCK 05000352 Cont. 5 PECO will not be ready to set up proceeaures unnerPDR O

anc veneric Le t-ter 83-28,7/9/83 (!!alem AT73 Events) until 6/1/84andexpects "proceedure will bo in effect by Sept. 1, 19 84 " . There is no assurance PEco will meet these require-i coats by a fuel loading deadline im September. (See letter 7.S.Boyer-Eisenhut 5/8/84 p o'5 l

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Cent. 6. No fuol con bo lendcd until further chocks of quolity control in c:nstruction baye been carried out and there is assurance that equipment and struc-tures are safe for operation. ( See NRC Combined Inspection 84-17;84-05,5/10/84)

Dotails,and pages 3 through 5 (see Details).."..the prastice of documenting a nos-ecnforming condition and/or authotized rework / repairs on ASYE Code items on IPEN instead of NCR was' of concern to the inspector." Also the lask of follow-up.and correction of welds passed in error by fau lty inspection leaves vulnerable points in the construction, including those now inaccessible, which must prevent fuel loading until they can te assertained to pose no liability for safe operatierr,be-yend any possible doubt.

Cont. 7 The integrity of welding as well as that of the Reactor Pressure Yessel are in doubt as specified in 4/18/84 memorandum to the Gommissioners from D.C. Eisenhut (See p.6 para.4;and para 5 for deficiencies in welding inspec-tionsand unresolved item in para. 6 and para.7 Cont. 8. NRC letter 5/7/94 Thomas E. Murley -J.S. Kemper details viola-tions of regulations which disqualify any fuel loading untti they are completely rectified. Seven violations of severity level IV and seven of level 7 pe listed os page 27 All the violations and omissions detailed in this report make fuel leading out of the question from a safety aspect and they form the basis for this contention.

Cont. 9 NHC Inspections 84- 14 and 84-04 dated 4/20/84 detail differences between as-butit systems and FSAR which also must stand in the way of fuel loading until they are corrected. (See page 9). This in pection 3 also includes a number of unresolved construction items and faulty equipment which must prevent fuel load-ing. The ability of the staff to handle radioactive material fa in questiotr tog ,

cs shown by the throwing of containers of nuclides in a trash bin. ( page 10)

Cont. 10 NRC letter 4/30/84 7.T. Martin- J.S. Kemper,Insp. 84-13 forms the basis for this contention that the security program at Limerick is not ade-quate to allow fuel loading.

Bases for Contentions . 'hese contentions are based on new matterg and are therefore timely. The motion for a low powerelicense was submitted only on 5/9/84.

No other partyhas raised the contentions above. We are equipped to do ao and have demonstrated in these proceedings sur ability to raise issues of safety which other-cise would not be completely dealt with. The contentions will not broaden the issues but focus on: the necessity for plant safety before any operation,thereby protect-ing the public's interests and safety and welfare.

CC. Judges Brenner, Cole, Morris Spec. Del Respectfully submitted, 1

NRC Staff, M.J.Tetterbahn W ,/,,

Others on Service List W^7 18,1984 Bor 186 Moylan,Pa 19065 I