ML20097F408
| ML20097F408 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 09/17/1984 |
| From: | Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20097F416 | List: |
| References | |
| OL, NUDOCS 8409180511 | |
| Download: ML20097F408 (8) | |
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CCLKETED wMC UNITED STATES OF AMERI NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensindi Board' In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 E
(Limerick Generating Station,
)
Units 1 and 2)
)
APPLICANT'S RESPONSE TO FRIENDS OF THE EARTH'S MOTION TO SET ASIDE THE PARTIAL INITIAL DECISION AND REOPEN THE RECORD Introduction On September 1,
- 1984, Friends of the Earth in the Delaware Valley
(" FOE") moved the Atomic Safety and Licens-ing Board
(" Licensing Board" or " Board") to set aside its Second Partial Initial Decision, issued August 29,'1984, and to reopen the record on FOE Contentions V-3a and V-3b concerning the effects of a natural gas or gasoline explo-sion on the Limerick Generating Station (" Limerick").1!
The Applicant, Philadelphia Electric
- Company, opposes FOE's motion.
The basis for FOE's motion is a Nuclear Regulatory Commission
("NRC" or
" Commission")
memorandum and Board Notification (No.84-142) concerning allegations relative to 1_/
Although dated September 1,
1984, FOE's pleading was not postmarked until September 3, 1984.
8409180511 840917 h
PDR ADOCM 05000352 C/ &
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. t the effect on a Limerick reactor enclosure vent stack of blast loads from a railroad explosion.
The memorandum, datad August 20, 1984, from the NRC's Division of Licensing to the Limerick Licensing Board, provided the Board with a July 31, 1984 NRC memorandum discussing "an alleged inade-N quate design of Sthe reactor. enclosure vent stack."
The August 20, 1984 memorandum additionally noted that "[ilt appearu that this stack may have no or limited safety l,
significancp.
The staff is investigating and will inform 7
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the Board when the investigation is completed."
The July 31, 1984 memorandttm stated that "representa-tives of Region I, IE and NRR [had] interviewed a confiden-tial alleger regarding his concerns relative to the response of the reactor enclosure vent stacks to blast loads follow-ing a railroad accident."
After stating that " Region I intend [ed] to conduct further investigation of this allega-tion,"
it " stress [ed] that nothing Region I has reviewed to date meets the Board Notification standard of relevant, new information on an issue in controversy."
On September 7,
- 1984, the Board issued its Order Regarding FOE Motion to Set Aside Partial Initial Dacision and Motion to Reopen Record which found no basis to support a stay of its Partial Initial Decision.
It further required the NRC Staff's and Applicant's answer to FOE's motion to reopen to submit, affidavits of appropriate officials to update the information contained in the Board Notification.
Argument I.
FOE has Failed to Satisfy the Requirements for Reopening the Record.
FOE has failed to satisfy the Commission's requirements for reopening a closed evidentiary record, FOE's conclusory assertions to the contrary notwithstanding.
With respect to the three criteria for reopening the record, FOE has failed to show (1) that its motion has been " timely presented;" (2) that it is " addressed to a significant safety or environ-mental issue;" and (3) that "a dif ferent result would have been reached initially had [the newly submitted evidence]
been considered."2_/
As to the first factor, the memorandum informing the Board of the Staff investigation was provided to the parties on August 20, 1984.
If measured from that date, FOE's motion would not be considered untimely.
Applicant submits, however, that the design of the vent stack could have been
-2/
Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), Memorandum and Order Rejecting Late-Filed Contentions from FOE and
- AWPP, Denying AWPs Second L* quest for Reconsideration of Asbestos Contention, Denying AWPP's Motion to Add a
PVC Contention and Commenting on an Invalid Inference in Del-Aware's May 17,. 1984 Filing (August 24, 1984)
(footnote at 3).
Kansas Gas and Electric Company (Wolf Creek Generating Station, Unit No. 1), ALAB-462, 7 NRC
- 320, 338 (1978),
quoting Northern Indiana Public Service Company (Bailly Generating Station, Nuclear-1),
ALAB-227, 8 AEC 416, 418 (1974).
The Wolf Creek test was approved by the Commission in Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), CLI-81-5, 13 NRC 361, 363 (1981).
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raised and explored much earlier.
FOE had the opportunity tb~ litigate'the potential for failure of the vent stack and e
..the implications of such a failure, if any, at the time it litigated the rest of its concerns embodied in contentions V-3a and V-3b.
It had the opportunity for extensive discov-ery during the course of the hearing.
FOE cross-examined
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the Applicant's and Staff's witnesses extensively concern-ing, inter alia, the failure of louvers and blow-out panels in the reactor building, as well as the potential for failure of the reactor building itself.
When viewed in that light, the fact that an unidentified alleger has come forth and expressed concerns regarding the reactor building vent stack does not amount to timely presentation of new informa-tion.
As to the second and third factors for reopening, FOE has wholly failed to allege or demonstrate that its latest arguments have any safety implications, let alone a signifi-cant safety implication, or that the result of the hearing would have changed in any way.
The information in the Board Notification indicates that the vent stack has no or limited safety significance.
FOE has made no attempt to counter this or to show its failure would impact the ability to bring the plant to a safe shutdown.
The Board Notification states that NRC Region I had concluded that nothing it had reviewed meets the standard for board notification, i.e.,
relevant new information.
Thus, it could not support the more stringent finding necessary for reopening.
. a II.
Subsequent Developments Do Not Support Reopening of the Record.
The affidavit of John W.
Benkert of the Bechtel Power Corporation is attached in response to the Board's September 7,
1984 Order.
It presents information as to the Appli-cant's knowledge of the events underlying the Board Noti-fication and updates those facts.
The affidavit demon-stratas that Applicant discovered the calculational problem as part of its routine review, analyzed and dispositioned it promptly, and later confirmed that the ability to safely shut down the facility was not affected.
This affidavit provides further support for a denial of the motion.
Conclusion For the reasons set forth above, FOE has failed to meet the Commission's requirements for reopening a closed record.
Accordingly, the Board should deny its motion.
Respectfully submitted, CONNER & WETTERHAHN, P.C.
Mark J. Wetterhahn Nils N. Nichols Counsel for the Applicant September 17, 1984
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'84 SEP 18 A11 :22 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
...P.
~u NCH In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I
hereby certify that copies of
" Applicant's Response to Friends of the Earth's Motion to Set Aside the Partial Initial Decision and Reopen the Record,"
dated September 17, 1984 in the captioned matter have been served upon the following by deposit in the United States mail this 17th day of September, 1984:
Lawrence Brenner, Esq. (2)
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Docketing and Service Section Dr. Richard F. Cole Office of the Secretary Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Ann P. Hodgdon, Esq.
Counsel for NRC Staff Office Dr. Peter A. Morris of the Executive Atomic Safety and Legal Director Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555
o
. e Atomic Safety and Licensing Angus Love, Esq.
Board Panel 107 East Main Street U.S. Nuclear Regulatory Norristown, PA 19401 Commission Washington, D.C.
20555 Robert J. Sugarman, Esq.
Sugarman, Denworth &
Philadelphia Electric Company Hellegers ATTN:
Edward G. Bauer, Jr.
16th Floor, Center Plaza-Vice President &
101 North Broad Street General Counsel Philadelphia, PA 19107 2301 Market Street Philadelphia, PA 19101 Director, Pennsylvania Emergency Management Agency Mr. Frank R. Romano Basement, Transportation 61 Forest Avenue and Safety Building Ambler, Pennsylvania 19002 Harrisburg, PA 17120 Mr. Robert L. Anthony Martha W. Bush, Esq.
Friends of the Earth of Kathryn S. Lewis, Esq.
the Delaware Valley City of Philadelphia 106 Vernon Lane, Box 186 Municipal Services Bldg.
Moylan, Pennsylvania 19065 15th and JFK Blvd.
Philadelphia, PA 19107 Charles W. Elliott, Esq.
Brose and Postwistilo Spence W.
Perry, Esq.
1101 Building Associate General Counsel lith & Northampton Streets Federal Emergency Easton, PA 18042 Management Agency 500 C Street, S.W.,
Rm. 840 Miss Maureen Mulligan Washington, DC 20472 Limerick Ecology Action P.O. Box 761 Thomas Gerusky, Director 762 Queen Street Bureau of Radiation Pottstown, PA 19464 Protection Department of Environmental Zori G. Ferkin, Esq.
Resources Assistant Counsel 5th Floor, Fulton Bank Bldg.
Commonwealth of Pennsylvania Third and Locust Streets Governor's Energy Council Harrisburg, PA 17120 1625 N. Front Street Harrisburg, PA 17102 Jay M. Gutierrez, Esq.
U.S. Nuclear Regulatory Commission 631 Park Avenue King of Prussia, PA 19406
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James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 47 Sanatoga, PA 19464 Timothy R.S. Campbell Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 Maq@fJ. Wetterhahn l
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