ML20093B235

Motions to Set Schedule for Briefs Addressing Cygna Energy Svcs Phase 3 Issues & for Expedited Responses.Certificate of Svc Encl

ML20093B235
Person / Time
Site:	Comanche Peak
Issue date:	10/05/1984
From:	Reynolds N BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#484-326 OL, NUDOCS 8410090484
Download: ML20093B235 (6)

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DOCKETED U$nRC October 5, 1984,84 00T -9 A10 37 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION , rg p[r n e m n .t G MQ

.. % li BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) _ 04-

) Docket Nos. 50-445 and TEXAS UTILITIES ELECTRIC ) 50-446 dl_--

COMPANY, et.

~~ --

al. )

) ( Application for (Comanche Peak Steam Electric ) Operating Licenses)

Station, Units 1 and 2) )

APPLICANTS' MOTIONS TO SET SCHEDULE FOR BRIEFS ADDRESSING CYGNA PHASE 3 ISSUES AND FOR EXPEDITED RESPONSES I. INTRODUCTION On July 16, 1984 Cygna Energy Services ("Cygna") issued its Report on Phase 3 of the Comanche Peak Independent Assessment Program (" Phase 3 Report"). This report was commissioned by the Applicants in order to provide the Licensing Board with the information necessary to satisfy the Board's concerns regarding quality assurance for design articulated in its Memorandum and Order (Design Quality Assurance), December 28, 1983.

Applicants herein request that the Board establish a schedule by which all parties will simultaneously file briefs setting forth their respective positions on the Cygnc Phase 3 Report. The objective of this procedure will be to allow the Board, having received the views of the parties, to address and i dispose of Cygna Phase 3 as an issue in this proceeding.

G410090484 841005 PDR ADOCK 05000445 0

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Applicants also herein request that the Board hold a conference call on Thursday or Friday, October 11 or 12, 1984, to receive the parties' responses to this motion.

II. PROPOSED SCHEDULE Phase 3 of the-Cygna Independent Assessment Program ("IAP")

is an expansion of the earlier Comanche Peak IAP (Phases 1 and 2) for which Cygna issued a final report on November 5, 1983. Phase 3 was commissioned directly as a result of the Board's suggestion that the Applicants consider an independent design review to resolve the open items in the December 28, 1983 Memorandum and Order.1 The scope of the Phase 3 extension of the IAP was expressly based upon the Board's desire for additional

'information concerning the design quality assurance program for piping and pipe supports and, in particular, with respect to that program's satisfaction of Appendix B Criterion I and Criterion XVI.2 It is the Applicants' position that now that the Phase 3 Final Report has been published, the report and the matters it was designed to address should be resolved as issues in this proceeding.

1 See Memorandum and Order (Quality Assurance for Design),

December 28, 1983; see also Tr. 10,337-39 (February 24, l 1984).

2 See " Applicants' Plan to Respond to Memorandum and Order (Quality Assurance for Design)", February 3, 1984;

" Supplement to Applicants' Plan to Respond to Memorandum and  !

Order (Quality Assurance for Design) ", March 13, 1984.

'i.

Toward that end, Applicants propose that the Board establish a schedule for all partie's to file their positions on the Phase 3 findings.- These briefs should identify those aspects, if any, of the Phase 3 Report which each party believes should be the subject of further consideration by the Board, either through summary disposition or in evidentiary hearings. All parties should file their briefs simultaneously. Following receipt of

.the briefs, Applicants propose that the Board hold a conference call to receive any necessary responses to the briefs.

The Applicants' proposed schedule is as follows:

Day 0 Board adopts schedule Day 15 Parties file positions on the status of the Cygna Phase 3 findings Day 20 Conference Call It is in the interest of all concerned that the remaining issues in this proceeding be addressed promptly and ef ficiently.

Any outstr.tding concerns related to Cygna Phase 3 should be identified and resolved as expeditiously as possible. The proposed approach and schedule for addressing the Phase 3 Report will serve that purpose consistent with all parties' rights to be heard.

To further facilitate the expeditious resolution of this matter, Applicants also move that the Board expedite responses to this motion to set a schedule for briefs addressing Cygna Phase 3

- issues.- Applicants move that the Board hold a conference call on Thursday or Friday, October 11 or 12, 1984, to hear the parties' positions on Applicants' motion.

III. CONCLUSIONS

'For the reasons stated above, the Board should direct the parties to file simultaneous briefs on the Cygna Phase 3 Report.

The Board should also adopt the above proposed schedule for the briefs and a subsequent conference call.

Respec, f ly submitted,

)1 L

NichoAds Ah Reynolds Williala $. Horin BISHOPf BEMMAN, C'OO K ,

PURCELL AND REYNOLDS 1200 Seventeenth St., N.W.

Washington, D.C. 20036

]- (202) 857-9817 Counsel for Applicants October 5, 1984 4

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, - -- -. .e..

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-i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY'AND LICENSING BOARD

.'In the Matter of )

) Docket Nos. 50-445 and y

TEXAS UTILITIES ELECTRIC ) 50-446 COMPANY, et al.

)

) ( Application for

-(Comanche Peak Steam Electric ) Operating Licenses)

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE '

I hereby certify that copies of " Applicants' Motions to Set Schedule for Briefs Addressing Cygna Phase 3 Issues and For Expedited Responses," in the above-captioned matter was served upon the following persons by express delivery (*), or deposit in i the United States mail, first class, postage prepaid, this 5th day of October, 1984, or by hand delivery (**) on the 9th day of October, 1984.

1- ** Peter B. Bloch, Esq._ Chairman, Atomic Safety and j Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.S. Nuclear Regulatory i~

U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C.- 20555 Mr. William L. Clements

• Dr. Walter H. Jordan Docketing & Service Branch 881 West Outer Drive U.S. Nuclear Regulatory Oak Ridge, Tennessee 37830 Commission 1

Washington, D.C. 20555

• Dr. Kenneth A. McCollom Dean, Division of Engineering **Stuart A. Treby, Esq.

Architecture and Technology Office of the Executive '

Oklahoma State University Legal Director Stillwater, Oklahoma 74074 U.S. Nuclear Regulatory t Commission Chairman, Atomic Safety Washington, D.C. 20555 and Licensing Board Panel U.S. Nuclear Regulatory-Commission Washington, D.C. 20555

7-_,

s 4

Mr. John Collins ** Ellen Ginsberg, Esquire

-Regional Administrator, Atomic Safety and Licensing Region IV Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission 611 Ryan Plaza Drive Washington, D.C. 20555 Suite 1000 Arlington, Texas 76011

• Mrs. Juanita Ellis Renea Hicks, Esq. President, CASE Assistant Attorney General 1426 South Polk Street Environmental Protection Dallas, Texas 75224 Division P.O. Box 12548 Lanny A. Sinkin Capitol Station 114 W. 7th Street Austin, Texas 78711 Suite 220 Austin, Texas 78701

/ /

Nichol a S.'}Reynolds

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cc: John W. Beck Robert Wooldridge, Esq.