ML20093H942
| ML20093H942 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 07/23/1984 |
| From: | Oneill J, Payne M CAROLINA POWER & LIGHT CO., EDELSTEIN & PAYNE, JOINT INTERVENORS - SHEARON HARRIS, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| OL, NUDOCS 8407250417 | |
| Download: ML20093H942 (7) | |
Text
l)Oh 00lKETED July 23, 1984
'84 J125 Ali:43 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
,g-3 RATD, BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket No. 50-400 OL and NORTH CAROLINA EASTERN
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MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power'
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Plant)
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JOINT MOTION OF APPLICANTS AND' JOINT INTERVENORS TO IMPLEMENT SETTLEMENT AGREEMENT REGARDING JOINT INTERVENOR CONTENTION VII(4)
Pursuant to 10 C.F.R.
S 2.759, Applicants Carolina Power &
Light Company and North Carolina Eastern Municipal Power Agency and Joint Intervenors Chapel Hill Anti-Nuclear Group Ef-fort / Environmental Law Project, Conservation Council of North Carolina, Kudzu Alliance and Mr. Wells Eddleman jointly peti-tion the Board to implement the settlement agreement reached among the parties regarding the scope of the issuerraised by.
Joint Intervenors in' Joint Contention VII(4).
Applicants are authorized to state that the NRC Staff concurs with this Mo-tion.
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BACKGROUND Joint Contention VII(4) alleges:
Applicante have failed to demonstrate that the steam generators to be used in the Harris Plant are adequately designed and can be operated in a manner consistent with the public health and safety.
in light of (4) existing tube failure analy-ses.
In the Harris Plant Safety Evaluation Report ("SER"),
NUREG-1038, S 15.6.3 (November 1983), the Staff held as an open item Applicants' analysis of the design basis steam generator tube rupture event.
The Staff requires additional information regarding operator response and the assumed isolation time for the affected steam generator.
Intervenor Wells Eddleman filed a new Contention 180 based on the SER open item.
" Wells Eddleman's New Contentions and Amended Deferred Contentions in Response to Staff SER," dated January 17, 1984.
Applicants and Mr. Eddleman agreed that the allegation in proposed Contention 180 was encompassed in the issue raised by Joint Contention VII(4).
The Board greed.
Tr. 771 (Telephone Conference Call, March 8, 1984).
The, assumption regarding operator response time in the 4
event of a steam generator tube rupture to isolate the affected steam generator is.not an issue unique to the Harris Plant but rather involves considerations generic to all pressurized water reactors.
A Steam Generator Tube Rupture Subgroup of the Westinghouse owners' Group has established a program to a.
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substantiate the assumed operator response time in the event of a steam generator tube rupture and to evaluate the consequences of the failure of the operator to preclude an overfill condi-tion in the affected steam generator.
However, the final re-sults of this generic analysis will not be available prior to the safety hearings scheduled to begin October 1984.
II.
SETTLEMENT AGREEMENT Joint Intervenors agree to withdraw that aspect of Joint Contention VII(4) which relates to operator response time in the event of a steam generator tube rupture.1/
Applicants agree to accept a condition to the operating license for the Harris Plant, as follows:
Prior to startup, following the first refueling outage, Applicants shall submit-for NRC review and receive approval of a steam generator tube rupture analysis, including the assumed operator actions, which demonstrates that the consequences of the design basis steam generator tube rup-ture event for the Shearon Harris plant are less than the acceptance criteria specified in the Standard Review Plan, NUREG-0800, at S 15.6.3 Subpart II(l) and (2) for calculated doses from radiological releases.
In preparing their analysis Applicants will not
. assume that operators will complete corrective
. actions within the first thirty minutes after a steam generator tube rupture.
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Joint Intervenors have not withdrawn the_one remaining al-Tegation encompassed in Joint Contention VII(4) that Applicants have failed to consider multiple tube ruptures in their steam generator tube rupture analysis.
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III.
MOTION Applicants and Joint Intervenors respectfully petition the Board to adopt and implement the above Settlement Agreement by entering an Order to the effect that (1) the issue related to operator response time in the event of a steam generator tube rupture has been disposed of by agreement among the parties, and (2) the Director, Nuclear Reactor Regulation, shall include the proposed license condition in any license issued to Appli-cants for operation of the Shearon Harris Nuclear Power Plant.
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M. Travis Payne g
Thoma A.
- Baxter, P.C. /f EDELSTEIN, PAYNE & JORDON John I. O'Neill, Jr., P.C.
P.O. Box 12607 SHA PITTMAN, POTTS & TR{yBRIDGE Raleigh, North Carolina 27512 1
0 M Street, N.W.
(919) 828-1456 Washington, D.C.
20036 (202) 822-1148 Counsel for Joint Intervenors Richard E. Jones Samantha Francis Flynn CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleigh, North Carolina 27602 (919) 836-7707 Counsel for App 2.icants Dated:
July 23, 1984
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE' ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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CAROLINA POWER & LIGHT COMPANY
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Docket No. 50-400 OL and NORTH CAROLINA EASTERN
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MUNICIPAL POWER AGENCY
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.(Shearon Harris Nuclear Power
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Plant)
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SERVICE LIST
- James L. Kelley, Esquire John D. Runkle, Esquire Atomic Safety and Licensing Board.
Conservation Council of U.S. Nuclear Regulatory Commission North Carolina Washington, D.C.
20555 307 Granville Road Chapel Hill,. North Carolina 27514
- Mr. Glenn O.
Bright M. Travis Payne, Esquire Atomic Safety and Licensing Board Edelstein and Payne U.S. Nuclear Regulatory Commission P.O. Box 12607 Washington, D.C.
20555 Raleigh, North Carolina. 27605
- Dr. James H.
Carpenter Dr. Richard D. Wilson Atomic Safety and Licensing Board 729 Hunter Street U.S. Nuclear Regulatory Commission Apex, North Carolina' 27502 Washington, D.C.
20555
- Charles A. Barth,-Esquire Mr. Wells Eddleman Janice E. Moore, Esquire
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718-A Iredell-Street Office of Executive Legal Director Durham,. North Carolina 27705 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Section Richard E. Jones, Esquire Office of the Secretary Vice President and Senior Counsel U.S. Nuclear Regulatory Commission Carolina Power & Light Company Washington, D.C.
20555 P.O. Box.1551 Raleigh, North Carolina 27602 Mr. Daniel F. Read, President Dr. Linda W.~Little CHANGE
. P.O. Box 2151 Governor's Waste Management' Board 513 Albemarle Building l
Raleigh, North Carolina -27602 325 North Salisbury-Street-Raleigh, North Carolina 27611-
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Bradley W.
Jones, Esquire U.S.' Nuclear Regulatory Commission Region II 101 Marrietta Street
-Atlanta, Georgia 30303 Steven F. Crockett, Esquire Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Mr. Robert P. Gruber Executive Director Public Staff - NCUC P.O. Box 991 Raleigh, North Carolina 27602 Administrative Judge Harry Foreman Box 395 Mayo University of Minnesota Minneapolis, Minnesota 55455 I
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UNITED STATES'OF AMERICA NUCLEAR REGULATORY COMMISSION DGCMETE" USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'84 Jll 25 N1 :43 In the Matter of
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00C R iihu a SEP,'a' CAROLINA POWER & LIGHT COMPANY
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Docket No. Sh-dbbOL and NORTH CAROLINA EASTERN
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MUNICIPAL POWER AGENCY
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(Shearon Harris Nuclear Power
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Plant)
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CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Joint Mo-tion of Applicants and Joint Intervenors to Implement Settle-ment Agreement Regarding Joint Intervenor Contention VII(4)"
were served this 23rd day of July, 1984, by Federal Express to the parties identified by asterisk, and by deposit in the U.S.
mail, first class, postage prepaid, to the other parties on the attached Service Lis,t.
s AAAb+tl Dated:
July 23, 1984 0
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