ML20101K895

Applicant Exceptions to ASLB 841218 Decision.Board Erred in Treatment of Issues Re Preheat & Welding of Misdrilled Holes Twice Defaulted by Intervenor.Certificate of Svc Encl

ML20101K895
Person / Time
Site:	Comanche Peak
Issue date:	12/28/1984
From:	Reynolds N BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:
References
CON-#185-868 OL, NUDOCS 8501020074
Download: ML20101K895 (4)

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UNITED STATES OF AMERICA ..

NUCLEAR REGULATORY COMMISSION 0%hETED USN4C BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD T4 EC 28 P1 ZS In the Matter of )

) Docket Nos. 5 0-D~$2'a~ndEE CEh TEXAS UTILITIES ELECTRIC ) 50-446jd M -

COMPANY, et al. )

) (Application for (Comanche Peak Steam Electric )' Operating Licenses)

Station, Units 1 and 2) )

APPLICANTS' EXCEPTIONS TO LICENSING BOARD DECISION Texas Utilities Electric Company,'et al., (" Applicants")

pursuant to 10 C.F.R. 52.762(a), except to the Memorandum (Concerning Welding Issues), LBP-84-54, filed by the presiding Atomic Safety and Licensing Board (" Board") on December 18, 1984 (" Memorandum"), and served on that date in the above-captioned proceeding.1/ The Licensing Board erred as follows:2/

1. The Board erred in its treatment of issues related to preheat and welding of misdrilled holes which were twice defaulted by the intervenor yet were pur-sued by the Board, without any finding pursuant to 10 C.F.R. 52.760a, in order that the Board could "have a satisfactory understanding of the quality assurance contention." Memorandum and Order, LBP-83-60, 18 NRC 672, 675 (1983).

1/ This Memorandum disposes of a major segment in this case and makes findings and publishes orders adverse to Appli-cants. Thus, the decision is final for appeal purposes before the agency. Toledo Edison Company (Davis-Besse Nuclear Power Station), ALAB-300, 2 NRC 752, 758 (1975).

recordingly, Applicants will proceed with brief writing accordance with the schedule prescribed in 10 C.F.R. 5 2.762(b).

2/ Pursuant to 10 C.F.R. S 2.762(a) and Appendix A to Part 2, S IX(d)il), Applicants' exceptions are devoid of any argu-mentation. Applicants will provide the necessary support for the exceptions in their brief.

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2. The Licensing Board erred in finding that the practice of welding unauthorized repair welds was of substan-tial extent and constituted a significant violation of Appendix B to 10 C.F.R. Part 50. Memorandum at 69-71 and 78.

3. The Licensing Board erred in finding that Applicants' handling of the Stembridge issue .aus noted above con-stituted.a clear violation of Appendix B requirements "for the prompt identification of deficiencies and for trending.the deficiencies that may be significant."

Memorandum at 70 and 78.

4. The Licensing Board erred in raising as an issue the subject of whether welders check "to make certain that-temperature prior to welding is at least 60*F for materials less than 1 inches in thickness."

Memorandum at 74 and 78.

Respec ul/ y submitted, I

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Nichola lS./$eynolds Malcolm H.fdilips, Counsel for Applicants Jr.

BISHOP, LIB MAN, COOK, PURCELL & REYNOLDS 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9817 December 28, 1984 l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of )

) Docket Nos. 50-445 and TEXAS UTILITIES ELECTRIC ) 50-446 COMPANY, et

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al. )

) (Application for (Comanche Peak Steam Electric ) Operating Licenses)

Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I'hereby certify that copies of " Applicants' Exceptions to Licensing Board Decision" in the above-captioned matter were served upon the following persons by deposit in the United States mail, 1984.

first class, postage prepaid, this 28th day of December, Peter B. Bloch, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Mr. William L. Clements Dr. Walter H. Jordan Docketing & Service Branch 881 West Outer Drive U.S. Nuclear Regulatory Oak Ridge, Tennessee 37830 Commission Washington, D.C.

20555 l Dr. Kenneth A. McCollom l Dean, Division of Engineering

' Architecture and Technology Stuart A. Treby, Esq.

Oklahoma State University Office of the Executive Stillwater, Oklahoma 74074 Legal Director l Mr. Robert D. Martin U.S. Nuclear Regulatory Commission

! Regional Administrator, Washington, D.C. 20555 i Region IV Nuclear Regulatory t

U.S.

Chairman, Atomic Safety and Commission Licensing Board Panel 611 Ryan Plaza Drive r

l Suite 1000 U.S. Nuclear Regulatory Commission Arlington, Texas 76011 Washington, D.C.

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Renea Hicks, Esq. Mrs. Juanita Ellis .

Assistant Attorney General President, CASE Environmental Protection 1426 South Polk Street Division Dallas, Texas 75224 P.O. Box 12548 Capitol ^ Station Elizabeth B. Johnson Austin,, Texas 78711 Oak Ridge National Laboratory Post Office Box X Lanny A. Sinkin Building 3500 Executive Director Oak Ridge, Tennessee 37830 Nuclear Information and Resource Service 1346 Connecticut Avenue, N.W.

4th Floor Washington, D.C. 20036 Malcold HT Philifs, .

cc: John W. Beck Robert Wooldridge, Esq.

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