ML20093L029

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Response to Applicant & Staff Proposed Findings of Fact & Conclusions of Law Re Safety Contentions 1 & 2.Certificate of Svc Encl
ML20093L029
Person / Time
Site: River Bend  Entergy icon.png
Issue date: 10/12/1984
From: Mcneill J
LOUISIANA, STATE OF
To:
GULF STATES UTILITIES CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#484-547 OL, NUDOCS 8410180275
Download: ML20093L029 (5)


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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION EC l'E7J:

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

  • $ g I'n'the. Matter of gg.:E cr. -

ANCH GULF STATES UTILITIES CO.,

Docket Nos.:

50-458 O()L_

et al.

50-459

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(River Bend Station, Units 1 & 2) 4 RESPONSE OF.THE STATE OF LOUISIANA

'9N) PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

. SUBMITTED BY APPLICANT AND NRC STAFF e*.

The. State of Louisiana responds as follows to the proposed findings of f act and conclusions of law submitted by applicant and NRC Staff, relative to Safety Contention No.11 (Corbicula Fluminea) as set forth herein.

Safety Contention No. 2.

(Old River Control Structure) will be submitted.to the Boa'rd by the parties as a stipulated t

settlement.

CONTENTION NO. 1 ASIATIC CLAMS (CORBICULA FLUMINEA)

'Or Applicant's Proposed Findings of Fact The State of Louisiana agrees with the following proposed findings of fact:

i' NOS. 1, 2, 4, 5, 7-9, 12-30, 32-35, 44-46, 48, 49, 54, 66-68, 74, 84, 89 The State of Louisiana does not have sufficient information upon which to either agree or disagree with the following proposed findings of fact:

NOS. 3, 6, 11, 31, 38, 39, 40, 58-63, 65, 78, 82, 90, 92-94 The State of Louisiana adopts the position of the NRC Staff as~to the following proposed findings of fact:

NOS. 42, 47, 50, 51, 55-57, 64, 79, 85, 91 A'

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The State of Iouisiana agrees that the procedures outlined in.the follwing proposed findings of fact are reasonable, but'can not agree as to the results of these procedures at this time, being of the opinion that this will have to be evaluated based on data acquired through use:

N3S.

69-73,-75, 76, 77, 80, 81, 83, 86-88 The State'of Iouisiana disagrees with the follwing proposed findings of fact:

NOS.

10.

Tbo general; no definition of "most".

-34.

Too general; no' definition of "extrenely law", where exactly the measurenents were taken or when in the time frame stated.

.e, f 36.

Too general;. which two years; defins "quite lw".

~

37..

. No longer factual; see applicant's most recent filing.

41..

Statenent is clearly argunent, rather than fact; argunent is based on speculation of facts not in evidence.

43..

. Statement overlooks the fact that there are young, but mature clams which could pass the screens; there is no evidence to shw that the clarifiers would necessarily get then all.

PROECSED COtCWSIONS CF IJM The State of Icuisiana takes the following positions on the applicant's proposed conclusions of Iaw:

1.

The State of Iouisiana agrees to the extent that, with the inclusion of appropriate technical specifications, the progran for dealing with the clams is a reasonable approach.

2. & 3.

There is not sufficient evidence before this Board at present to'make a detennination as whether a license to operate should be issued. By applicant's own calculations, the plant will not even be finished until April, 1985; NRC Staff evaluations put it a year or so later. Accordingly, such a demmination, it is subnitted, is premature.

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s NRC Staff Prc--M Firdings of Fact he State of Iouisiana agrees with the following proposed findings of fact subnitted by NRC Staff:

1-6, 8-10 The State of Iouisiana is unable to agree, or disagree, with the following proposed findings of fact subnitted by NRC Staff:

11.

The State does not have sufficient facts upon w' 'ch to conclude that the proposed level of chlorination will be adequate, or that sczne level to which the chlorination may be raised in the future will be.

15.

The would agree that the Staff position, as set forth in 15., is a reasonable one; however, execution will detennine its effectiveness.

W e State does agree with the proposition.,that adjustments will be necessary in the future, particularly when~the resolution of Generic Issue #51;is reached.

no State of Ioaisiana disagrees with the following proposed finding of fact by NRC Staff:

7.

More recent infonnation has been filed by applicant, concerning the recent discovery of clam infestation at Big Cajun across the river from Riverband; this information will, of course, have-to be considered by the Board.

The State of Iouisiana agrees that the following proposed

." findings of fact" by NRC Staff re.flect the applicant's proposal, but contend that the effectiveness of the solution is yet to be established.

12, 13, 13a., 14 Proposed Conclusions of Iaw he State of Iouisiana disagrees with the proposed conclusions of law by NRC' Staff, NOS. A, B, C, & D.

RespecJtfly Subnitted, Wilpam. Custe, Jr.

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. David 16NeilI7pIl

,g' Assistant Attorn5y Gener

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6 UNITED STATES OF AMERICA-

. NUCLEAR RFGULATORY COMMISSION ffe Er a

BEFORE THE ATOMIC SAFETY AND LICENSING BOA}tD g klSS Inithe Matter'of-7:

a..

-GULF STATES UTILITIES, CO.,

. Docket Nos. 50-4E0

r..

et al 50-459

.9. t' /. ;

67 (River-Bend' Station, Units 1'E 2)

CERTIFICATE O_F_ SERVICE Ilhereby certify. that a copy ;of the " Response of the State of

- Louisiana to Proposed. Findings of Fact and Conclusions of Law-

Submitted by Applicant and NRC Sta'f f",

in the abov.e captioned proceeding have been served on the following by deposit in the-

~

United States. mail, first class,.this 8th day of October, 1984:

Dr. Richard F. Cole James W. Pierce, Jr., Esq.

Mr..-B.

Paul Cotter,'Jr.

Post Office Box 23571

Mr. Gustave A. Lindenberger.

Baton Rouge, LA-70893

-Administrative-Law Judges Atomic Safety and Licensing H. Anne Plettinger Board Panel 712 Carol. Marie Dr.

.U.S.' Nuclear-Regulatory

-Baton Rouge, LA 70806 Commission Washington.D.C.

20555 Linda B. Watkins Stephen Irving Attorneys-at-Law E

Gretchen R. Rothschild 355 Napoleon Street

Louisianians.for Safe Energy Baton Rouge, LA 70802~

1659 Glenmore Avenue-Baton Rouge, Louisiana 70808

~ Atomic Safety and Licensing Appeal Board

. Troy B.EConner, Jr., Esq.

Atomic Safety and Licensing Mark J. Wetterhahn, Esq.

Board Panel

.' Conner & Wetterhahn United States NRC 1747. Pennsylvania Avenue, N.W.

Washington, D.C.

20555

. Suite 1050 Washington, D.C.

20006 Docketing and Service Section James-E. Booker Office of the Secretary

. Gulf States Utilities Company United States NRC

-Post Office Box'2951 Washington, D.C.

20555 Beaumont, Texas 77701 i

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- Mr. David Zaloudek Lee-S. Dewey, Esq.

Nuclear Energy Division U.S. Nuclear Regulatory :

Post. Office Box 14690 Commission Baton Rouge,~La. 70898 Washington, D.C.

20555 Brian P. Cassidy, Esq.

FEMA Region'I J.W. McCormack _ Pos.t-Q Office'and Courthouse-

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Boston, MA 02109 S

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'J. ~ DAVID McNEfLC, IIL._

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