ML20100A577
| ML20100A577 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 03/22/1985 |
| From: | Churchill B METROPOLITAN EDISON CO., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Edles G, Gotchy R, Johnson W NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#185-221 OLA, NUDOCS 8503260103 | |
| Download: ML20100A577 (5) | |
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March 22, 1985
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(202) 822-1051 i
4 Gary J.
Edles Dr. W. Reed Johnson j.
Administrative Judge Administrative Judge l
Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C..
20555 Washington, D.C.
'20555 1,
,a Dr. Reginald L. Gotchy Administrative Judge Atomic Safety and Licensing
,P Appeal Board i
f U.S. Nuclear Regulatory Commission U
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Washington, D.C.
20555 d
/3-E In the Matter of 0;
U, Metropolitan Edison Company, Et Al.
C' I
(Three Mile Island Nuclear Station, Unit No. 1)
L, Docket No. 50-289 OLA
Dear Administrative Judges:
On March 15, 1985, intervenor Three Mile Island Alert, Inc.
("TMIA") filed a " Notice to Commission, Appeal Board, Licensing
' Board and Parties and Request for Investigation and Clarification."
TMIA' asserted that-Licensee has requested a change to'the TMI-l technical specifications to allow tubes with gre'ater than 40%
through-wall cracks to remain in service without being plugged.
TMIA asked that an " investigation" be ordered to determine b
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. whether, in light of TMIA's currently pending appeal, Licensee made a " material false statement by omission" by not notifying "the Commission and the Appeal and Licensing Boards" of its
" request to_ change the tech specs."
TMIA also asked the Appeal Board to direct Licensee to provide a " full written explanation as to what necessitated this request for change."
To clarify an apparent misunderstanding at the outset, Licensee has not requested a change in the Technical Specifications.
By letters dated January 31 and March 1, 1985, Licensee requested approval from the NRC staff of a revision of the repair criteria or limit for determining whether a steam generator tube has to be taken out of service by plugging.
Provision for entertaining and evaluating such a request is incorporated into the wording of Technical Specification 4.19.4.a.6 of the TMI-l operating license, and a Technical Specification amendment is therefore not required.
Licensee's request does not involve an unreviewed safety question as defined in 10 C.F.R. S 50.59, and Licensee has provided analyses demonstrating that the margin of safety with the proposed repair limit is no less than that of the licensing basis for the current repair limit.
In any event, irrespective of whether a Technical Specification change was requested, the reason Licensee has not notified the Appeal Board of its request for approval of the proposed repair limit is that the repair limit bears no relationship to the sub-ject matter of this proceeding.
Thus, there is no requirement, or even a remotely rational basis, for such notification.
TMIA's pending appeal involves the hearing below on Licensee's request for approval of a specific technique for repairing steam generator tubes.
The proceeding does not involve the criteria for determining which tubes require plugging or other repair.
The Licensing Board squarely ruled on this very point when it rejected, as being beyond the scope of this proceeding, that portion of one of TMIA's proposed contentions which sought to question the number and selection of tubes to be plugged:
The Commission's Notice of Opportunity For Hearing did limit contentions to matters within the scope of the amendment under consid-erations.
48 Fed. Reg. 24231 (May 31, 19 8 3).
The amendment requested by the Licensee was to revise the technical specifications to recognize steam generator tube repair techniques (kinetic expansion repair), other than plugging.
Those portions of this subpart which question (a) the number of tubes requiring plugging, (b)-the choice of tubes to be plugged, and (c) the
x
% failure to plug 66 degraded tubes do indeed ex-ceed the scope of this proceeding and thus are rejected.
We do not have jurisdiction to explore matters beyond those which are embraced by the Notice Of Opportunity For Hearing.
Memorandum and Order, January 9, 1984 at 4 (citations omitted).
TMIA did not appeal this prehearing ruling of the Licensing Board.
Other aspects of TMIA's Notice also require clarification.
TMIA stated at page 2 of its Notice that the latest eddy current tests " indica'.e that the steam generator tubes are continuing to crack."
This is a separate issue, and TMIA has not claimed that Licensee has failed to provide adequate noti-fication on that issue.
Lest there be any confusion, however, I would note that Licensee has timely provided the Appeal Board with the correspondence and reports on that matter, both by letters to the Appeal Board and in its answer to TMIA's pending motion to reopen the record.
TMIA also suggests at page 3 of its Notice that Licensee is anticipating " continued cracking."
This is incorrect.
As demonstrated in Licensee's January 14, 1985 Answer to Reopen the Record at 9-15, reinitiation of the cracking has not occurred, and the conditions which caused the cracking have been elitainated.
Because Licensee's request for staff approval of the pro-posed repair limit is not within the scope of this proceeding, the requests in TMIA's March 15, 1985 Notice should be denied.
Respectfully submitted, f
Y]
Bruce 1.
hurchill Counsel for Applicant cc:
Nunzio J. Palladino, Chairman Thomas M.
Roberts, Commissioner James K. Asselstine, Commissioner Frederick Bernthal, Commissioner Lando W.
Zech, Jr., Commissioner Service List (attached)
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EpCO UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Bo'ard
- MI Od In the Matter of
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N METROPOLITAN EDISON COMPANY, ET AL.
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Docket No. 50-289-OLA
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(Steam Generator Repair)
)
(Three Mile Island Nuclear Station,
)
Unit No. 1)
)
SERVICE LIST Gary J. Edles Dr. James C. Lamb, III Administrative Judge Administrative Judge Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Board U.S. Nuclear Regulatory 313 Woodhaven Road Commission Chapel Hill, N.C.
27514 Washington, D.C.
20555 Mary E. Wagner, Esq.
Dr. W. Reed Johnson Office of Executive Legal Director Administrative Judge U.S. Nuclear Regulatory Atomic Safety and Licensing Commission Appeal Board Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C.
20555 Appeal Board Panel U.S. Nuclear Regulatory Dr. Reginald L. Gotchy Commission Administrative Judge Washington, D.C.
20555 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Atomic Safety and Licensing Board Panel Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Administrative Judge Docketing and Service Section (3)
Chairman, Atomic Safety and Office of the Secretary Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Dr. David L. Hetrick Joanne Doroshow, Esq.
Louise Bradford Administrative Judge Atomic Safety and Licensing Board Three Mile Island Alert, Inc.
315 Peffer Street College of Engineering Dept. of Nuclear and Energy Engr.
Harrisburg, PA 17102 The University of Arizona Tucson, Arizona 85721
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'g ASLAB Servica Lirst Page Two TMI-l
'i-Thomas Y. Au Assistant Counsel Commonwealth of Pennsylvania Department of Environmental Resources Bureau of Regulatory Counsel Room 505 Executive House P. O. Box 2357 Harrisburg, PA 17120 L.
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