ML20107M066

Motion for Leave to File Reply to NRC Brief in Opposition to 841109 Request for Stay.Staff Failed to Address Applicant Reliance on Supplemental Cooling Water Sys for safety-related Purposes

ML20107M066
Person / Time
Site:	Limerick
Issue date:	11/09/1984
From:	Sugarman R SUGARMAN & ASSOCIATES
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20107M061	List: ML20107M059 ML20107M066 ML20107M072 ML20107M085
References
OL, NUDOCS 8411140011
Download: ML20107M066 (7)

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UNITED STATES OF AMERICA n,,t-UUCLEAR REGULATORY COMMISSION

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ATOMIC SAFETY AND LICENSING APPEAL BOARD D IW 13 F1 :15 In the Matter of Priiladelphia Electric Company Docket No. 50-352-OL 50-353-OL (Limerick Generating Station, Units I and II)

MOTION FOR LEAVE TO FILE REPLY Appellant, by its counsel, move that the Appeal Board permit it to file a reply to the staff brief in opposition to its request for stay, and aver as the basis thereof the following:

1.

In its brief opposing the stay, the staff unjustifiably and inexplicably completely failed to address the applicant's reliance on the supplemental cooling water system for safety related purposes.

2.

In f act, not only did the staf f have the September 4 letter referred to in the Motion, but also had before it a letter dated October 19, 1984, addressed by Vincent Boyer to Harold Denton, requet; ting an exemption under the provisions of 10 CFR Section 50.12, based, in part, on an undisclosed " number of other sources".

This letter Exemption Request is attached to the Reply.

3.

It is necessary to permit reply in order to bring these matters to the attention of the Appeal Board.

8411140011 841109 PDR ADOCK 05000352 PDR g

WHEREFOR the intervenor-appellant requests that the Board permit it to file a reply brief as attached hereto.

Respectfully submitted, r

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ROBERT J'.

SUGARMAN Counsel for Intervenor Of Counsel Sugarman, Denworth & Hellegers 16th Floor, Crnter Plaza 101 North Broad Street Philadelphia, PA 19107 215-751-9733 DatedNovemberf,1984 9

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RECEIVED PHILADELPHIA ELECTRIC COMPANY OCT 251984 2301 M ARKET STREET P.O. BOX B699

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v. s. nov cn SR. VIC.E PflCSIDEN T

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NUC E AM POWE R Dockets:

50-352

---+4 so asa October 19, 1984 Mr. Harold Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Limerick Generating Station Units 1 & 2 Su b'j ec t :

Request for Exemption from 10 CFR 50 Appendix A, GDC 2 & 4

Dear Mr. Denton:

Pursuant to 10 CFR 50.12, Philadelphia Electric Company hereby requests an exemption from the requirement of 10 CFR 50, Appendix A, General Desian Criteria (GDC) 2 'and 4 as they relets tirTne protecnn of the ultimate heat sink This exemption

.(UHS) from the effects of tornado missiles.

. is requested for power levels not exceeding 5 percent of full power.

Loss of the UHS (spray pond) due to tornado missiles for power levels not exceeding 5% power will not endanger life or property for the following reasons:

Even if the heat removal capability of the cooling o

1.

towers and spray networks were compromised by tornado missile effects, use of the cooling tower basins and/ or UHS in a " cooling pond type" mode would allow substantial time for spray network Under design meteorology, it would take repair.

apgroximately 5 days for the pond to reach its 95 F limit.

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In the remote possibility that the heat removal capability of the spray pond networks and the cooling towers is compromised, and that repairs cannot be completed before the design temperature of the spray pond is reached, a once-through mode of cooling can can be implemented.

In this mode of operation, cool wate ur f Am lhe_ cooling tower b a s i n s i s s u p p l,ied-tr'G e s p ra y p o n d 'p'u m p h o u_s e w e t 4

pits, E d'RHRSW will pump this water thro' ugh s the

_ _ t h e_ wa t e r.1L.re t u r n eA _to._t be---spr ay-por.d?.

s allowed to discharge over the blowdown weir

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storm spillway.

Sufficient makeup water can be supplied to the cooling tower basins to sustain

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continuous operation in this mode from the Schuylkill River or a number of other sources.

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3.

D u r i'n g - t h e._ p e r i o d o f_o p e.r4t-i o n-b e f o me e d i n g 5 %

power, it is extremely unlikely that tornado missile damage to the networks would occur.

But in the event that this should occur, there is sufficient time to effect the repairs on any one of the four networks such that sufficient heat 4

removal capability can be restored without the existence of specific procedures.

Specific procedures for such repairs wil1~be completed prior to exceeding 5% power.

4.

As indicated in the above discussions, substantial time is available for' corrective operator actions.

If UHS capability should be lost for such a long i

period of time that conditions degraded considerably, the existing plant emergency procedures would 1.E y

direct the use of equipment which would achieve a safe stable state ess_

UHS capability.

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Th quest exemption does not impact the common defent d security.

Only the potential impact on public healt i

a at issue.

j The requested exemption is in the public interest in that J.!

any delay in commencement of low power testing and power ascension would cause a delay in the attainment of commercial operation (and subsequent increase in ratepayers' cost) and

. i since, as shown above, the health and safety of the public will be adequately protected.

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i Based upon the foregoing, we have concluded that granting the. requested exemption will not endanger life or property or the common defense and security and is otherwise in the public interest.

Therefore, philadelphia Electric Company

-requ e s t s that the Commission issue an exemption to GDC 2 and l

4 for power levels not exceeding 5 percent of full power.

An affidavit in support of this request is attached hereto.

Sincerely,

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V. S.Boyer q

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See attached Service List o

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e cc: Judge Helen F. Hoyt Judge Jerry Harbour Jadge Richard F. Cole Judge Christine N. Kohl

' Judge Gary J. Edles Judge Reginald L. Gotchy Troy B. Conner, Jr., Esq.

Ann P. Hodgdon, Esq.

Mr. Frank R. Romano Mr. Robert L. Anthony Ms. Phyllis Zitzer u urses W. Elliot, Esq.

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.Zort G. Ferkin, Esq.

Mr. Thomas Gerusky Director, Penna. Emergency Managanent Agency Angus R. Love, Esq.

David Wersan, Esq.

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Robert J. Sugarman, Esq.

Martha W. Bush, Esq.

Spence W. Perry, Esq.

Jay M. Gutierrez, Esq.

Atomic Safety & Licensing Appeal Board Atcrnic Safety & Licensing Board Panel Docket & Service Section Mr. James Wiggins Mr. Timothy R. S. Canpbell i

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. STATE.0F MARYLAND '

MONTG0ftERY COUNTY '

V.[S. Boyer, being first duly sworn, deposes and says:

That he is Senior Vice President of Philadelphia Electric Company, the applicant herein; that he has reviewed the foregoing request pursuant to 10 CFR 50.12 for certain specific exemptions to the requirements of Appendix A and knows the. contents thereof; and that the matters and statements set forth therein are true and correct to the best of his knowledge, information and belief.

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V i

Senior Vice President i i u

Subscribed and sworn to before me on the 10th

. day of October 1984.

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oJ' Notary Pub ic

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D. LYNN NEAI -

NOTARY PUBLIC STATE OF MARYtANU

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Wy Comndulon Empires July.1,1986 1

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