ML20113J137
| ML20113J137 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 01/22/1985 |
| From: | Scheidt D KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#185-220 OL, NUDOCS 8501250449 | |
| Download: ML20113J137 (7) | |
Text
7,pg.0 :
A-f mELATED CORRESPONDDS 6: n r n
J9:3y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
- d5 M 24 pio 34 Before the Atomic Safety and Licensing Board h {.l"i, '
gg up
)
In the Matter.of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL
)
(Shoreham Nuclear Power Station,
)
Unit-1)
)
)
)
SUFFOLK COUNTY'S MOTION TO STRIKE PORTIONS OF LILCO'S ADDITIONAL TESTIMONY CONCERNING CRANKSHAFTS AND CYLINDER BLOCKS Suffolk County moves to strike portions of LILCO's addi-tional testimony concerning crankshafts and cylinder blocks primarily on the ground that the subject matter of the testimo-ny is outside the permissible scope of evidence contemplated by the Board's December 4, 1984 order. confirming its grant of LILCO's motion to reopen the diesel engine hearings.
In its December 4th order at 5, the Board limited the per-missible scope of evidence on reopening the record to evidence concerning.(1) crankshaft calculations under DEMA, ABS, Lloyd's Register of Shipping, the International Association of Classi-fication Societies, and the Kritzer-Stahl design criteria at a new qualified load level; and (2) the results of additional testing and inspections of the cranksnaft and cylinder block 8501250449 850122
~$)>])
gDRADOCK 050003g
o s.
after the endurance test run on EDG 103.
The following portions of LILCO's additional testimony concerning crankshafts and cylinder blocks go well beyond these limitations and should be stricken:
1.
Crankshaft Testimony, Page 4/ Answer 8 LILCO seeks to supplement the evidentiary record on the adequacy of the replacement crankshafts at 3500 KW by offering testimony concerning new safety factor calculations under the Kritzer-Stahl criteria using a lower UTS value.
This testimony should be stricken as outside the permissible scope of evidence on reopening because, under the Board's Order, any new crank-shaft calculations were expressly limited to the new proposed qualified load of 3300 KW.
LILCO had ample opportunity to offer this evidence of crankshaft calculations at 3500 KW dur-ing the crankshaf t hearings in September and October but failed to do so.
In any event, to permit LILCO to introduce addition-al evidence concerning the adequacy of the crankshafts at 3500 KW would impose an undue burden on the County in having to ad-dress an issue which was closed on October 4,1984, the final day of hearings on the County's crankshaft contentions.
Ac-cordingly, all testimony concerning the adequacy of the crank-shafts at 3500 KW in the referenced answer should be stricken. L
cf :
6-2.-
Cylinder Block Testimony, Page 13/ Answer 15, Page 9/ Answer 9 (second paragraph), and p
Page 3/ Answer 3.2 (third sentence)
~LILCO seeks to introduce additional testimony concerning-cumulative damage calculations based on "a refined determina-
' tion of stresses from the strain gage testing."
The strain
. gage. testing to which this testimony relates, however, is the
. testing ;done on the EDG 103 original block, not the, strain. gage testing performed during the endurance run on the EDG 103 re-
~
-placement-block.
As such, this new evidence is outside the permissible scope 'of evidence on reopening because it does not
- concern the results of additonal testing or inspections of the cylinder block after the--endurance test run on EDG 103.
.LILCO's. offer of this testimony represents another attempt to L
- supplement the record on issues that are already closed, in
.this case ~the adequacy of the blocks at 3500/3900 KW, and the
' entire answer should be stricken for the reasons discussed in paragraph 1 above.
3.
Cylinder Block Testimony, Page 17/ Answer 18 4
LILCO's testimony should be stricken because it mischaracterizes the parties' -stipulation concerning the cam-
. gallery' cracks in the original EDG 103 block.
Contrary to LILCO's testimony, the parties did not stipulate that the oxide layer wasfformed at high temperatures at the time of the cast-ing' process and that the layer was not due to fretting 3-
\\
P O
corrosion or graphitic corrosion.
In fact, as the Stipulation (LILCO Exhibit B-67) states, the parties stipulated that the x-ray diffraction test results " indicate" that the oxide layer was formed at high temperatures during the time of the casting process and that these layers were not due to fretting or graphitic corrosion.
In addition, LILCO erroneously states that the parties stipulated that the evidence " justifies" the conclusion that the cracks in the cam gallery areas of EDGs 101 and 102 formed during the casting process, when in fact the Stipulation states that the evidence of record " indicates" that these cam gallery cracks formed through the same process as the cam gallery cracks in the original EDG 103 block.
Because LILCO's testimony mischaracterizes the Stipulation, the testi-mony should be stricken or revised to reflect accurately the letter and intent of the Stipulation it purports to paraphrase.
Respectfully submitted, Martin Bradley Ashara Suffolk County Department of Law Veterans Memorial Highway Hauppauge, New York 11788 r.
/
A
~)
{au Herbert H.
Brown Alan Ro Dynner Joseph'U. Brigati Douglas J. Scheidt KIRKPATRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 Attorneys for Suffolk County January 22, 1985
b UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board
)
In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322-OL
)
(Shoreham Nuclear Power..tation,
)
Unit 1)
)
)
CERTIFICATE OF SERVICE q:
I hereby certify that copies of SUFFOLK COUNTY'S MOTION TO STRIKE PORTIONS OF LILCO'S ADDITIONAL TESTIMONY ON CRANKSHAFTS AND CYLINDER BLOCKS, dated January 22, 1985, have been served on the following this 22nd day of January 1985 by U.S. mail, first class, except as otherwise indicated.
t Lawrence J. Brenner, Esq.*
MHB Technical Associates Administrative Judge 1723 Hamilton Avenue l Atomic Safety and Licensing 4rd Suite K U.S. Nuclear Regulatory Coran.ission San Jose, 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
!Nc.~ Peter A. Morris
- Raleigh, North Carolina 27602 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.
p 250 Old Country Road 3045 Porter Street, N.W.
(
Mineola, New York 11501 Washington, D.C.
20008 F
A
+
'{
' Robert E.' Smith, Esq.
Stephen B. Latham, Esq.
lGuggenheimer a Untermyer Twomey, Latham a Shea l
~80-Pine Street..
P.O. Box 398 NewjYork,-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
'JoellBlau, Esq.
Mr. Stuart Diamond New York Public Service Commission Business / Financial The Governor Nelson A. Rockefeller NEW YORK TIMES Building:
-Empire State Plaza
. Albany, New York
-12223 Hon. Peter F. Cohalan Suffolk County Executive Martin.Bradley,Ashare, Esq.
H. Lee Dennison.Bullding-
'Suffolk-County Attorney veterans Memorial' Highway i
H. Lee Dennison' Building' Hauppauge,-New York 11788
'VeteransLMemorial Highway Hauppauge,;New> York-11788 Fabian G.
Palomino, Esq.#
Special Counsel to the 4
Atomic Safety and-Licensing Board Governor
. Panel'
' Executive Chamber-U.S. Nuclear' Regulatory Commission Room 229
- Washington, D.C.
20555 State Capitol.
4 Albany, New York 12224 Docketing'and Service Section Office of the Secretary
~ Atomic. Safety;and Licensing.
U.S.-NucleariRegulatory Commission Appeal Board of 1717 H' Street, N.W..
U.S. Nuclear Regulatory-7 Washington,1D.C.
20555 Commission
. Washington, D.C.
20555 Edwin'J. Reis, Esq.*.
LBernard M. Bordenick, Esq.
. Jonathan D.'Feinberg, Esq.
7 Richard J. Goddard,JEsq.
Staff Counsel-Officolof Exec.; Legal Director New York State Public O.S.: Nuclear Regulatory Commission
- Service Commission.
Washington,'D.C.
20555 3 Rockefeller Plaza Albany, New York
.12223:
tI
+
h f
e M.
' Stewart M. Glass, Esq.
Regional Counsel Federal Emergency Management Agency
- !^ $h Douglpg'J.'Scheidt KIRKPMRICK & LOCKHART 1900 M Street, N.W.,
Suite 800 Washington, D.C.
20036 DATE:
January 22, 1985 By Federal Express By. Hand Delivery f
i
~
A k
i s
-