ML20106D346
| ML20106D346 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 02/08/1985 |
| From: | Dynner A, Palomino F KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-522 OL, NUDOCS 8502130073 | |
| Download: ML20106D346 (7) | |
Text
2 fA EE@.ATED CORRESFONDENC' SUFFOLK COUNTY NEW YORK, STATE 2/08/85 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'c3 f; ^ 11 A11 :31 Before the Atomic Safety and Licensing Board
- 7. _-
)
In the Matter of
)
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LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
SUFFOLK COUNTY AND NEW YORK STATE JOINT MOTION TO STRIKE STAFF TESTIMONY Suffolk County and the State of New York hereby move to strike the following portions of the Joint Testimony of Spencer H.
Bush, Adam J. Henriksen, and Professor Arthur Sarsten:
1.
Page 5 first sentence 2.
Page 5 second paragraph (except first sentence) and third full para-graph 3.
Page 12 A8, last two sentences 4.
Page 14 Q and A 10 5.
Pages 14 Q and A 11 6.
Page 21 A13, sentence beginning "I believe" 7.
Pages 21 Q and A 14 8.
Page 22 Q and A 15 9.
Page 23 A16, second sentence, after "this limit" thru " cycles, and" B502130073 850200 PDR ADOCK 05000322 h
o PDR.
This material presents new testimony, principally by Dr.
Bush, on the ability of the crankshafts to operate safely at or above an instrument-indicated load of 3500 kW and higher.1/
This testimony is outside the scope of the forthcoming hear-ing.
Issues concerning the adequacy of the crankshafts at and above the then rated full load of 3500 kW have been previously fully litigated and the record thereon has been closed.
The
. Board's Order of December 4, 1984 (the " Order") reopened the record'on crankshafts for the purpose of litigating the accept-ability of crankshafts and cylinder blocks on the basis of the reduced " qualified load" of 3300 kW, and to permit evidence of new strain gage data on the blocks.
See Order at 3.
The Board limited the scope of the reopening to evidence concerning calculations on crankshaft stresses under DEMA and enumerated classification societies at a qualified load (below the
. previous rated load of 3500 kW) and regarding the results of test-ing and inspections of the crankshaft and block after completion of the qualification test on EDG 103, purportedly at the new qualified load of 3300 kW.
Order at 5.
The Board also permitted the submission of a contention challenging the appropriateness of that new qualified load.
The Staff's testimony which we move to strike does not fall within the scope of evidence permitted by the Board.. Itldoes not censist'of-the specified calculations, nor does it deal with the results of the tests and. inspections of the crankshaft referred to 1/
Some of this testimony refers to a load of.3430 kW, in order
-to. account ~ conservatively for instrument error.
Lu:
- s. %
in the Order.
On the contrary, the testimony addresses the abili-ty of the crankshafts to survive operation at indicated loads of 3500 kW and higher.
-Mcreover, the testimony is based upon data which was avail-able to the Staff before the record was closed on the crankshaft litigation and includes analyses by Dr. Bush which could have been performed before that record was closed.
Specifically, the testi-meny. relies on the operation of EDG 103 for over 220 hours0.00255 days <br />0.0611 hours <br />3.637566e-4 weeks <br />8.371e-5 months <br /> at indicated loads of 3500 kW or more.
- See, e.g.,
testimony referred to in items 3 and 5 above.
Clothing this testimony in the guise of a response to the EDG Load Contention does not bring it within the scope of the forth-ccming hearing.
The fact remains that the testimony addresses an issue -.the adequacy of the crankshafts during EDG operation at or above 3500-kW -- which has been fully litigated and as to which the record is closed.
That record is clear as to the Staff's position both as to unlimited life and as to overload operation for only short periods.
In both cases the Staff's witnesses (Professor Sarsten, Mr. Henriksen, and Dr. Bush) testified that they could only have confidence in the adequacy of the crankshafts if they were: operated 10 cycles at the particular load or met classification society rules.
The forthcoming hearing may not properly be used as a forum to re-litigate these issues.
Respectfully submitted, Martin Bradley-Ashare Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788
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Alan Roy Djfnnef Joseph J/ Brigati Douglas J. Scheidt 7,
KIRKPATRICK & LOCKHART t,"
1900 M Street, N.W.,
Suite 800 g
Washington, D.C.
20036 Attorneys for Suffolk County h
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,j n Fabian G.
Palomino
- w Special Counsel to the Governor r
Executive Chamber
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Room 229
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State Capitol c y,.
Albany, New York 12224.
Attorney-for Mario M. Cuomo, Governor of the State of New York
-February 8, 1985 Wh
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
'c]
Ri ll A!1 :31
)
-In the Matter of
)
a s
)
C^ A LONG ISLAND-LIGHTING COMPANY
)
Docket No. 50-322-OL
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of SUFFOLK COUNTY AND NEW YORK STATE JOINT MOTION TO STRIKE STAFF TESTIMONY, dated February 8, 1985, have been served on the following this 8th day of February 1985 by U.S. mail, first class, except as otherwise indicated.
Lawrence'J. Brenner, Esq.*
MHB Technical Associates Administrative Judge 1723 Hamilton Avenue Atomic Safety and Licensing Board Suite K U.S. Nuclear Regulatory Commission San Jos9, California 95125 Washington,.D.C.
20555 E. Milton Farley, III, Esq.*
Dr. George.A. Ferguson*
Hunton & Williams
-Administrative ~ Judge P.O.
Box 19230 Atomic Safety and Licensing Board 2000 Pennsylvania Ave.,
N.W.
School of Engineering Washington, D.C.
20036 Howard. University 2300 6th Street, N.W.
Odes L.
Stroupe, Jr.,
Esq.
' Washington, D.C.
20059 Hunton & Williams 333 Fayetteville Street
.Dr. Peter A. Morris
- Raleigh, North Carolina 27602 1 Administrative Judge
_ Atomic Safety and Licensing Board Mr. Jay Dunkleberger U.S. Nuclear Regulatory Commission New York-State Energy Office Washington, D.C.
20555 Agency Building 2 Empire State Plaza Edward.M. Barrett, Esq.
Albany,'New York 12223 General Counsel Long Island Lighting Company James B.
Dougherty, Esq.
~250 Old Country Road 3045 Porter Street, N.W.
.Mineola, New York
_11501 Washington, D.C.
20008
.~.
g.. Robert-E. Smith, Esq.
Stephen B. Latham, Esq.
Guggenheimer & Untermyer Twomey, Latham & Shea
~80 Pine Street P.O. Box 398 New York, New York 10005 33 West Second Street Riverhead, New York 11901 Mr. Brian R. McCaffrey Long Island Lighting Company Mr. Frank R. Jones Shoreham Nuclear Power Station Deputy County Executive P.O. Box 618 H.
Lee Dennison Building
, North Country Road Veterans Memorial Highway Wading River, New York 11792 Hauppauge, New York 11788 Joel Blau,'Esq.-
Mr. Stuart Diamond New. York Public Service Commission Business / Financial TheLGovernor Nelson A. Rockefeller NEW YORK TIMES Building New York, New York 10036 Empire State-Plaza
. Albany, New York 12223 Hon. Peter F. Cohalan Suffolk County Executive Martin Bradley Ashare,.Esq.
H.
Lee Dennison Building Suffolk County Attorney Veterans Memorial Highway H. Lee Dennison Building Hauppauge, New York 11788 Veterans Memorial Highway
.Hauppauge, New York 11788 Fabian G.
Palomino, Esq.#
Special Counsel ~to the
-Atomic Safety-and Licensing Board Governor Panel Executive Chamber U.S. Nuclear Regulatory Commission Room 229 Washington, D.C.
20555 State Capitol' Albany, New York 12224
-Docketing and Service Section Office of the Secretary Atomic Safety and Licensing Appeal Board U.S. : Nuclear ' Regulatory Commission 1717 H Street, N.W.
U.S. Nuclear Regulatory Washington, D. C.-
20555 Commission Washington, D.C.
20555 Edwin J. Reis, Esq.*
Bernard M. Bordenick, Esq.
Jonathan D.
Feinberg, Esq.
Richard'J. Goddard, Esq.
Staff Counsel Office of Exec. Legal Director New York State Public U.S. Nuclear. Regulatory Commission Service Commission LWashington,-D.C.
20555 3 Rockefeller Plaza Albany, New York 12223
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L Stewart M. Glass, Esq.
Regional Counsel:
. Federal Emergency Management Agency 26 Federal Plaza-New York, New York' 10278 1
A44 Alan Roy r
KIRKPAT C
& LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:
February 8, 1985
'l
-By Federal Express By. Hand Delivery
'*