ML20094K116

Intervenor Motion to Admit Supplementary Exhibits.* Moves That Naslp Admit Encl Documents Into Evidence for Listed Reasons.W/Certificate of Svc & Svc List

ML20094K116
Person / Time
Site:	Vogtle
Issue date:	11/09/1995
From:	Mosbaugh A, Wilmoth M AFFILIATION NOT ASSIGNED, KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To:	Atomic Safety and Licensing Board Panel
References
CON-#495-17289 93-671-01-OLA-3, 93-671-1-OLA-3, OLA-3, NUDOCS 9511160166
Download: ML20094K116 (14)

Text

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DOCKETED November 9, 19dsSNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION- 95 l& 13 A11:05 ATOMIC SAFETY AND LICENSING BOARD

) 0FFICE CKET.

GF SECRETARY In the Matter of ) ) SERVICE

) Docket Nos. 50-424-OLA-3 '

GEORGIA POWER COMPANY ) 50-425-OLA-3 31 1 , )

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA INTERVENOR'S MOTION TO ADMIT SUPPLEMENTARY EXHIBITS COMES NOW, Allen Mosbaugh Intervenor in the above captioned matter and moves this honorable Licensing Board to admit the attached. documents into evidence. Intervenor makes this request for the following reasons.

I. INTRODUCTION As the Licensing Board is aware Intervenor sought to depose Licensee's employees to obtain additional information concerning "as found" data reasurements taken in 1991. Intervenor intended to question witnesses on two of the documents attached to this motion. The first document is a M&TE Investigation Report dated 9-11-89, that Intervenor request be marked Intervenor's exhibit (Int.) II-273. The second document, is a M&TE Investigation Report dated 11-15-91, that Intervenor request be marked Int. II-274.

The third document attached to this motion is a May 1992 article entitled " Petro to oversee quality concern program." 1 Intervenor request that this document be marked Int. II-275.

This document was first obtained by Intervenor's counsel af ter Dbhk05bOh24 PDR

,. 7 . .

NRC Region II Staff Counsel responded to a FOIA request pertaining to. documents presented to the NRC during'an October 3, ,

t 1995 Enforcement Conference concerning the decision in. Hobby v.  !

i Georcia Power. The document was not received by Intervenor's l counsel until October 25, 1995. f II. ARGUMENT t i

A. Alnor Documents  !

The first document, marked as Int, II-273, demonstrates that i VP-2466 was subject to a M&TE investigation because no "as found" f data was obtained when it was recalibrated. This report _;

demonstrates the extensive investigation that was done to determine the error and to correct it. Int. II-274 shows that l the VP-2466 instrument was investigated because it was deleted r i

from the system due to a source change with no supporting data 1

sheets. This document also indicates that no action was required f i

because the instrument was not used during the current calibration interval which was April 15, 1991 through November 15, 1991. Mr. Duncan was the I&C supervisor that approved both  !

l of these investigation reports.

These documents are relevant and necessary for an adequate i

record. First Int. II-273 shows the detail that was given to an i investigation of an instrument when there was no "as found" data.

The fact that no such investigation was performed when the same ,

l condition was again discovered is evidence of a total breakdown l

of the M&TE program. Int. II-274 is evidence of the continuation

! of this breakdown. This document demonstrates that when such a 2

r y_..,

change was made with no supporting data, on an instrument that.

had been identified previously for having no "as found" data, a proper investigation was not performed.2 Intervenor requests that these documents be admitted for the stated purpose.

B. Evidence of License Transfer The article marked' Int. II-275 states that the responsibility for the quality concerns program was given to a Mr. Petro of SAER. This is relevant because SAER is a department with Southern Nuclear and does not report to Georgia Power. This is further evidence of a continuing transfer of. control of Georgia

' Power's nuclear operations to Southern Nuclear. This document is relevant and necessary for an adequate record. Intervenor requests that this document also be admitted into evidence.

.III. CONCLUSION  !

For the forgoing reasons Intervenor requests that the l attached documents, Int. II-273, 274 and 275, be marked and admitted ~into evidence.

Respectfully submitted, AAwud&

Mi6haeJ/D. Kohn Mary Jdne Wilmoth Kohn, Kohn and Colapinto, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001

. (202) 234-4663 Attorneys for Intervenor Dated: November 9, 1995 Cr\ FILES \301\ALNORMOT I

2 It is also important that these documents were not among I those shown to Mr. Duncan when preparing his affidavit.

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, , _x___.__. . . _. __ _ _ _ . _ _ . _ . _ . . . . _ _ . _ . . . _ . . . _ _ _ _ _ . _ _ _ _ _ _ _ _ .

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00CKETED l November 9, 1995 USNRC t

UNITED STATES OF AMERICA j NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD

% NOV 13 A11:05 : '

) 0FFICE OF SECRETARY i In the Matter of ) DOCKETING & SERVICE

) Docket Nos. 50-424-OLA-3 BRANCH i GEORGIA' POWER COMPANY ) 50-425-OLA-3  !

. gt;. i, ) -

) Re: License Ame:ndment (Vogtle Electric Generating ) (transfer to Southern Nuclear)

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 CERTIFICATE OF SERVICE I hereby certify that the affixed motion entitled Intervenor's Motion to Admit Supplementary Exhibits and its attachments were served this 9th day of November 1995 via first class mail to.the persons listed on the accompanying service list.

hA4A 9$ / fAO l Ma/y J e Wilmoth' l KOHN, OHN & COLAPINTO, P.C.

517 Florida Ave., N.W.

Washington, D.C. 20001 l

(202) 234-4663 l

1 l

.s

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION t ATOMIC SAFETY AND LICENSING BOARD {

)

• In the Matter of ) i

) Docket Nos. 50-424-OLA-3 GEORGIA POWER COMPANY ) 50-425-OLA-3 l RL al , )  !

) Re: License Amendment (Vogtle Electric Generating ) (transfer to Southern Nuclear).

Plant, Unit 1 and Unit 2) )

) ASLBP No. 93-671-01-OLA-3 SERVICE LIST l Administrative Judge Administrative Judge Peter B. Bloch, Chair James H. Carpenter Atomic Safety and Licensing Board 933 Green Point Drive U.S. Nuclear Regulatory Commission Oyster Point  ;

Washington, D.C. 20555 Sunset Beach, NC 28468  !

Administrative Judge Mitzi Young, Esq. .

Thomas D. Murphy Office of General Counsel Atomic Safety and Licensing Board U.S. N.R.C U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i Washington, D.C. 20555 Administrative Judge James H. Carpenter Atomic Safety and Licensing Board  ;

U.S. Nuclear Regulatory Commission i Washington, D.C. 20555  :

Ernest L. Blake, Jr. i David R. Lewis SHAW, PITTMAN, POTTS &TROWBRIDGE 1 2300 N Street, N.W.

Washington, D.C. 20037 Office of the Secretary

-Attn: Docketing and Service U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (original and two copies)

Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.C. 20555 C:\ PILES \301\ CERT.LIS

PAGE 1 1 I

18C DEPART 7ENT M&TE INVESTIGATION REPORT l

1. DATE INITIATED C/ - r : - 99

2. MATE ID# \/ 9 - b L (c (p

3. REASON FOR INVESTIGATION

a. MATE USED OUT OF CALIBRATION

/ b. MATE FOUND OUT OF TOLERANCE

c. M&TE LOST

d. M&TE DAMAGED / DESTROYED

e. OTHER

• INVESTIEATION COMPLETION DATE { ~ S ~ 31 h

1 1

1 f

i i

4 1

i znk.1-2 n

== ,= . a

I&C DEPARTAnT PAGE -

n&TE INVESTIGATION REPORT V P-hw w 4

. EQUIPMENT / INSTRUMENT TRAVELER

a. ENTRY f ~31 1 -s u. t.o - k.4 f'bu

b. DOCUENTATION (1) mfd #}Ifa09U. 3 % -g9 (2) SURVEILLANCE (3) _ CAT f (4) PRE-OPERATIONAL TEST f (5) OTHER i l

1

5. WAS M&TE USED? (YES/NO) yc .s a.

NACCURACY OF MATE /oo 9o. ac= 4s F,e w A 6 r4

-4.

b. DESIGN ACCURACY OF MATE

~

S- 0

• I c.

DESIGN ACCURACY OF INSTRUMENT /EQUIPENT I Go.o*I TESTED 6.

WAS AN ERROR FOUND IN M&TE? (YES/NO) '/E s HE ERROR FOUND IN M&TE:

a.

CAUSES (YES/NO) INSTRUpENT/EOUIPMENT UN K ms,) TO BE OUT OF ALLOWABLE TO

b. CORRECTIVE ACTION

{

1 (1) MWO f ( 3 9o l ui [3-u3-79 (2) SURVEILLANCE i (3) OTHER I

8. ENTRY C LEAA /tG V . 5~'

9. f s K VSc, P fWWe' & * * ~

h N4f"

~

rgu ta ve-racwrmd a s c 'a M S

I&C DEPARTET PAGE ~

M&TE INVESTIGATION REPORT VP- 1m i 4

EQUIPMENT / INSTRUMENT TRAVELER

a. ENTRY f 3a 1. s a La - e % _ s e t

b. DOCUMENTATION (1) WO i l 19c2 c o 5 2-- s - f 'l (2) SURVEILLANCE (3) _ CAT #

(4) PRE-OPERATIONAL TEST i (5) CTT.*1

5. WAS METE USED? (YES/NO) qcq

a. INACCURACY OF M&TE /co9o, w u spovu e 6 3 ra

b. DESIGN ACCURACY OF MATE TCo *G c.

DESIGN ACCURACY OF INSTRUMENT /EQUIPENTk TESTED 6 0 6 o F-6.

WAS AN ERROR FOUND IN MATE? (YES/NO) Vg3

'. THE ERROR FOUND IN MATE: l

a. {

CAUSES (YES/NO) INSTRUMENT Uu Qwd /EOUIPMENT TO BE OUT OF AL!

b. CORRECTIVE ACTION (1) WO # ( Pfot (O lp 23-py l

(2) SURVEILLANCE i (3) OTHER ,

8. ENTRY C. C 6 A (4

I&C DEPARTUT PAGE . +

M&TE INVESTIGATION REPORT y p >- s u

~

4 EQUIPMENT / INSTRUMENT TRAVELER

a. ENTRY f 35, .2.- m tc K 4-CD f

b. DOCUMENTATION (1) MWO # t 9 90 t ea t, /2. -, o f 9

/

(2) SURVEILLANCE (3) _CLLT # _.

(4) PRE-OPERATIONAL TEST #

(5) OTHER 1

5. JAS M&TE USED? (YES/NO) N Cs

a. INACCURACY OF M&TE /0o % vo : ,+ s g;,yg , S g 4

b. DESIGN ACCURACY OF MATE 1 f-0

• F h ro ,o: '

4

c. ,

DESIGN ACCURACY OF INSTRUMENT /EQUIPENT 6TESTED - (o o

• F

6. WAS AN ERROR FOUND IN M&TE?

(YES/NO) N 6s THE ERROR FOUND IN M&TE:

a.

CAUSES (YES/NO) INSTRUMENT va u<.uowal / EQUIPMENT TO BE OLTT OF ALL

b. CORRECTIVE ACTION (1) MWO i G, P 7 0 bo r (a (2) SURVEILLANCE i (3) OTHER l

8. ENTRY C.AoSch

{

l

'[ ' ',

• enoca g ,No. 207

-C 7

15 of 16 +

i M&TE INVESTIGATION REPORT  ;

- s .

I.D. NUMBED V F ~1 -q p MANUFACTU'XER A c_sv o et i MODEL NUMBER ~~/ % eV'd SERIAL FUMBER t- % 3 f 3-DATE OF LAST CALIBRATION 27 oc-7 p q CAL DUE DATE L7 WA. ?y

..- . RANGES AFFECTED nL L .

SEE ATTACHED CALIBRATION DATA SHEET'FOR TOLERANCE ERRORS.

BASED ON A REVIEW OF THE CALIBRATION DATA SHEET THE FOLLOWING ACTIO! :

NO AC? '"3, IS REQUIRED. l

'No Action Required Because Instrument was not used during current calibration interv Affected range was not used.  ;

Error did not cause any test result / calibration to exceed equipment allowable tolerances. -

l J

Instrument would not function and before calibration data,i after repair, was within specified tolerance. j l

Other I Action Required v The equipment listed on WORK ORDEk NUMBERI?hlP7S~ requires retest / rework to ensure its reliability.

[ Attached " METE Out of Calibration notice" has been initiat for evaluation.

Other COHHENTS E L - a - S ? , u o A's> Poa ses  % e' c a, o c A t " Wo rs c G s .

ggupo, Aus GJ A ou b % a A ~ren w d * ~#" '

Es rupa rwM.

REVIEWED BY: APPROVED BY:

IEC Foreman 8 IEC Superviso %WA DATE ['I' DATE l - l 3 -fr I

Figure 5 - Sample rou

-n ,n- , , . . - . .-- ., -- .- -. , - - ., -

.e'- n -- - -

. . .r +n6 5_ <_ ...._

j VEGP 20230-C 10 16 of 17 M&TE INVESTIGATION REPORT

. I.D. NUMBER \/ \S 1Mbb MANUFACTURER , k L V'o A MODEL NUMBER 71 O D SERIAL NUMBER L '4d T 5' DATE OF LAST CALIBRATION 8'l F #ft CAL DUE DATE Il ' l a' " 9 ,

RANGES AFFECTED hM DA,+44nr

~

SEE ATTACHED CALIBRATION DATA SHEET FOR TOLERANCE ERRORS.

BASED NO ACTION,ON AISREVIEW OF THE CALIBRATION DATA SHEET THE FOLLOWING ACTIOh[/

REQUIRED.

No Action Required Because strument was not used during current calibration interval.

Affected range was not used.

Error did not es.use any test result /calibntion to exceed equipment allowable tolerances.

I Instrument would not function and before calibratioh data, after repair, was within specified tolerance.

Other Action Required The equipment listed on WORK ORDER NUMBER requires retest / rework to ensure its reliability.

s Attached "M&TE Out of Calibration Notice" has beco initiated for evaluation.

Other COMMENTS k G- Le ^1 M Gd h b 6 '- CW(o (/ Iem W 576-gy,

_f~ov A c8 C WCem c /2 n m /2 s ~ u ca o s M 1. c-r. I wcn4 Ato 1s9toca. rveq M -vr 5i4% WTS.

F man or W A b ~4-~-

" ~

DATE DATE //- / 7- 9/

FIGURE 5 - Sample Twk W- N

I&C DEPARTENT M&TE ENVESTIGATION REPORT

1. DATE INITIATED 1 1 --/S -9s l

2. M&TE ID# VO- 2-- H- (p (o

3. REASON FOR INVESTIGATION l

a. MATE USED OUT OF CALIBRATION l

b. MATE FOUND OUT OF TOLERANCE

c. MATE LOST . l d MATE DAMAGED / DESTROYED V e. OTHER S o0 4C de C.1-4 AA/Q 6 FAom: 44 * (o -L A f_c.;.7 w s-TH v e s >7 #M t(dd h T4 h -t 6 G 7 3 INVESTIGATION COMPLETION DATE l \ -l 9 ot (

0

~

,,. 1 towesA Page No. .

f 70521-C '

4 12 of 17

u m ss f MIR/ DOCUMENTATION STATUS REPORT DATE: I /

MIR No.: 7/ O  ! [8dA 7/

PO NO.:

,, f UNLESS OTHERVISE NOTED IN THE REMARKS SECTIONS.

all ites(s) and their quantities covered t.n the referenced MIR were found to have acceptable MIR and documentation packages. Please remove the hold tag (s) and release the ites(s) for storage.

A d 3 3 REMARKS:

h t 4 0 3

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~~

s /

,Wi ' 4 /

FIGURE 4 (SAMfLE)

& 0 i.

9 Petro to oversee ~ quality  ;

concern program i

The faces of the quahty con- l requirements. Ifyou beheve this '

cern program an site have EComplete a quahty enneern goal has been ar ts being com- form and place it in one of the changed, but the program re- punised, it is yer obligation to i maint the same. drop boxes located thmughout  !

reportyour quahty cancen2- the stic, ormailit to Jun Petm.

BIH Lyon. who has oveneen Ya are weaged to beg .

the program forthelast several quahty enn== to the atten- SAER dop.uM Farms and

yeam, has transferred to the tion ofyour.uy w.Hower- pre-addressed envelopes are '

modtbutinne group. Effective er ffyou do not receive a satis- available at each drop bar.

tmmediately. Jun Petro._SAER. ECaB Quahty Cena'-m at site factory answerfan your su- e,n.ian 3294 or 1800-225-j win oversee the program. pervisor or through the Def1-The wh=niae of the program 2055 (ton free).

ciency Card (DC) program, or have not changed. It is the in- IEReport the quahty concem are hemnt to use these op-tent of Georgia Power to operate tions, the Quahty Ce pro-in person at the quahtym and mmintain Plant Vogtle in a ofhce.

gram wants to kam about your  ;

high quahty manner which quahty ennenn- JimPetro's atDec is located on I meets or err.ed= au reguistney You mayeithen the end floor af the ad"**- I trution buildiagD 1

b

._ _ _. .