ML20107M085
| ML20107M085 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 11/09/1984 |
| From: | Sugarman R SUGARMAN & ASSOCIATES |
| To: | |
| Shared Package | |
| ML20107M061 | List: |
| References | |
| ALAB-785, OL, NUDOCS 8411140017 | |
| Download: ML20107M085 (10) | |
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UNITED STATES OF AMERICA 00P;r.,E O EI NUCLEAR REGULATORY COMMISSION s -
BEFORE THE COMMISSION-ATOMIC SAFETY AND. LICENSING APPEAL BOA b In the Matter of i.
' Philadelphia Electric Company Docket No. 50-352-OL 50-353-OL (Limerick Generating Station, Units I and II)
REPLY TO-STAFP ANSWER In its Answer to the applicant's petition for Commission review of ALAB 785, the staff asserts that the i
supplemental cooling water system is not safety related.
' (Sta f f Answer, p. -3n.4)
In addition to taking this position, the staf f in its opposition to intervenor's Petition for Review, stated that, similarly, that the supplemental cooling water system is not safety related.
'The staff nowhere mentions its own finding of inadequacy of the cooling towers to withstand tornado missle destruction, and the applicant's' reliance on the Perkiomen intake (a part of the supplemental cooling. water system) to provide safety in operation as a consequence.
On September 4,1984, J.
Kemper wrote-to A.
Schwencer enclosing' changes in the SER which
/ explicitly stated that the supplemental cooling water system was a safety insuring system in the event of tornado missile effect on.the cooling towers.
~On October - 19, 1984, the applicant. expressly requested an; exemption from the requirements of Appendix ~A pursuant to 10 CFR Section 5 0.12, on the basis that water from a number of 8411140017 841109 ' '
PDR ADOCK 05000352 i
G PDR
r-sources would be available in the event of cooling tower destruction by tornado missile impact.- A copy of the letter is enclosed.
Although the later document appears to be deliberately obscure as to the source of other water, when read in context with the September 4 revision to the SER, it is clear that
. reliance is.being placed on the supplemental cooling water f
system. Nor can this be limited to the Perkiomen Creek, since hydrologic data and restricting restrictions on the use of Perk'iomen Creek water show that the Perkiomen Creek would be available.only 4% of the time, and almost never when the Schuylkill River is not available; hence, the reliance must be on the Point Pleasant diversion water, which'is proposed to.be n
diverted to Limerick via the Perkiomen Creek.
Nor can applicant's additional information also dated October 19, 1984
' he source of answer the issue, since - it nowhere explains t
consumptive water when it is precluded from using the Schuylkill.
Thus, even assuming the correctness of the s ta f f's legal position that the Commission has no regulatory authority over environmentally related matters, such doctrine is factually inapplicable to the present situation.
'Despite intervenor's repeated filings directing attention ' to the applicant's reliance upon the supplemental cooling water system for safety operation, neither the staff, the D
applicant, nor the Licensing Board have ever referred to these filings.
The inference is that there is no answer, and so the 2
matter is. simply not " noticed".
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The Appeal Board finally notice the situation on November 5,
1984, in denying a Motion for Stay, mentioned a letter of October 19, 1984, but not indicating which October 19 letter, and not providing any explanation as to what it proved or how.
For the reasons stated, intervenor requests that the Commission grant its Petition for Review, and in any event, not act on the basis of the staff's Answer.
Respectfully submitted,
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ROBERT J.
SUGARMAN j
1-Counsel for Intervenor I
Of Counsel J
Sugarman, Denworth & Hellegers 16th Floor, Center Plaza 101 North Broad Street Philadelphia, PA 19107 215-751-9733 DatedNovemberf,1984 p
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RECEfVED PHILADELPHIA ELECTRIC COMPANY OCT 251984 2301 M ARKET STREET P.O. BOX 0699
. h. h tigg PHILADELPHI A. PA.19101 (2151841-4500
, V. S, BOY ER SR. VIGE PRESIDENT hdi'/
M U C L.E A M Pow E R N
~V s-Dockets:
50-352 50-353 October 19, 1984 Mr. Harold Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 S u b'j ec t :
Limerick Generating Station Units 1 & 2
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Request for Exemption from 10 CFR 50. Appendix A, GDC 2 & 4 i
Dear Mr. Denton:
Pursuant.to 10 CFR 50.12, Philadelphia Electric Company yhereby requests an exemption from the requirement of 10 CFR
) 50, Appendix A, General Desian Criteria (GDC) 2~and 4 as r
Wn of the ultimate heat sink they relsts trTne protec This exemption i(UHS) from the effects of tornado missiles.
is requested for power levels not exceeding 5 percent of
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i full power.
Loss of the UHS (spray pond) due to tornado missiles for n
power levels not exceeding 5% power will not endanger life
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or property for the following reasons:
Even if-the heat removal capability of the cooling 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 c'
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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2.
-In the remote possibility that the heat removal capability of the spray pond networks and the cooling: towers is compromised, and that repairs b
cannot be. completed before the design temperature
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of the spray pond is reached, a once-through mode U
of cooling can can be implemented.
In this mode of operation, cool wate Arm _tha_co.oling tower o
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f basins ~is suppli t6'the spray pond pbmphouse wet
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pits, ESWj n HRSW will pump this water thro' ugh s the p t,Lthe water is returned to the spray pond'ss N L
is allowed to. discharge over the blowdown weir
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d storm spillway.
Sufficient makeup water can
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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.
3.
D u r'i' rig -t h e_p e r i o d o f__ o p e r.a-t-i o n-b e f o re Txre 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 I
removal capability can be restored without the
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existence of specific procedures.
Specific procedures
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for such repairs will be completed prior to exceeding 5% power.
4.
As indicated in the above discussions, substantial time is available for corrective operator actions.
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If UHS capability.should be lost for such a long period of time:that conditions degraded considerably, the existing plant emergency procedures would (1
direct the use of equipment which would achieve a 4
safe stable state r41+s u ' UHS capability.
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Th quest exemption does not impact the common defens nd security.
Only the potential impact on public healt and safety is at issue, r
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The requested exemption is in the public interest in that 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 since, as shown above, the health and safety of the public p
Twill be_ adequately protected.
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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 i
issue an exemption to GDC 2 and
-requests that the Commiss on 4;for power levels not exceeding 5 percent of full power.
A,n affidavit in support of this request is attached hereto.
Sincerely, i
V. S Boyer See attached Service List r
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.e cc: Judge Helen F. Hoyt
' Judge Jerry Harbour-
'Jjdge 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. Rcmano
'Mr. Robert L. Anthony Ms. Phyllis Zitzer
. s.no r s e t. W. Elliot, Esq.
Zori G. Ferkin, Esq.
Mr. Thomas Gerusky l
Director, Penna. Emergency Management Agency Angus R.-Love, Esq.
David Wersan, Esq.
I Robert J. Sugarman, Esq.
Partha W. Bush, Esq.
Spence W. Perry, Esq.
Jay M. Gutierrez, Esq.
Atomic Safety S Licensing tcpeal Board Atcmic Safety S Licensing Board Panel Docket & Service Section
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Mr.: James Wiggins Mr. Timothy R. S. Canpbell
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, STATE _0FMARYLANDj MONTG0t'E'RY COUNTY h
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Y. 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 stat'ements set forth therein are true and correct to the best of his knowledge, information and belief.
V Senior Vice President
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Subscribed and sworn to before me on the 19th day of October 1984.
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Notary Publ.ic IS
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D. LYNN NEA[ ~
'j d40TARY PUEttC STATE OF MARY 1AN5 W.y Comrission Expires July 1,1936 j.
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UNI'TED STATES'OF' AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD
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.-.L' AM In the Matter of Docket No. 50-352-OL Philadelphia Electric Company :
50-35340L 12/13 91 :15
.(Limerick Generating Station, :
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Units I and II) w CERTIFICATE OF SERVICE I hereby certify that I have served a copies of the foregoing Reply To Staff Answer, Reply Re:
Stay, Motion For same to the i
Leave To File Reply by mailing a copies of the
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'following persons this 9th day of November, 1984.
Christine N. Kohl, Esq., Cha'irman Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Gary J. Edles Administrative Judge-U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Reginald-L. Gotchy
-Administrative Judge U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Ann Hodgdon, Esquire Benjamin H.-Vogler, Esquire U.S. Nuclear Regulatory Commission j.
Washington, D.C.
20555 Troy B. Conner, Jr. Esquire Conner and Wetterhahn 1747 Pennsylvania Avenue t.
Washington, D.C.
20006 l.
Edward G. Bauer, Esquire Vice President & General Counsel.
I Philadelphia Electric Company 4
2301 Market Street
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Philadelphia, PA 19101 i
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Secretary
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U.S. Nuclear Regulatory Commission Attn.:
Chief, Docketing & Service Branch
-Washington, DC 20555 i-
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_ Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, DC 20555 Charles W. Elliott, Esquire Brose and Poswistilo 1101 Building lith & Northampton Streets Easton, PA 18042
-Martha W._ Bush, Esquire Kathryn.S. Lewis, Esquire 1500 Municipal Service Building 15th and J.
F. Kennedy Blvd.
Philadelphia, PA 19107 John E. Flaherty, Jr., Esquire Fred T. Magaziner, Esquire Lois Reznick,. Esquire 3400 Center Square West 1500 Market Street Philadelphia, PA 19102 Jay M. Gutierrez, Esquire U.S. Nuclear Regulatory Commission Region I 631 Park Avenue King of Prussia, PA 19406
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Robert J'.
Sugarman f V
Dated: November 9, 1984