ML20116L161
| ML20116L161 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 04/30/1985 |
| From: | Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#285-812 OL, NUDOCS 8505030502 | |
| Download: ML20116L161 (5) | |
Text
e IS/9-April 3D, 1955 80CKETED USHRC UNITED STATEi '0F AMERICA 5 Mi-2 R2 d1 NUCLEAR REGULATORY CONNISSION GFFICE OF SECRETAPv Bercre the cromie sorety and L icensin@Cg6hWa& SERVlf E Luw HCH In the'Motter or
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THE CLEVELAND ELECTRT
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Docket Nos. 50-440 OL ILLUNINATING CO. IT
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50-441 OL
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(Perry Nuclear Power Plant.
)
Units 1 and 2)
)
MOTION TO REOPEN THE RECORD ON ISSUE N16 Intervenor Ohio Citi: 2ns for Responsible Energy ('OCRE*)
hereby moves the Licensing Board to recpen'the record on Issue
- 16 for the limited purpose or odmitting into evidence the document attached hereto os Exhibit A.
The traditional stondords for reopening the record are (1) i that the motion be timely; (0) that it address significant issuess and (3) that o dirrerent result might be reached had the newly prorrered material been considered inittolly.
Poeirie cos and Electric (Diablo Canyon Nuclear Power Plant, Units 1 and
),
ALAB-598, 11 NRC 876, 579 (1990).
However, this Licensing Board hos questioned the opplicability of these standards (particularly the lost one) to motions to reopen riled prior to the issuonce or on initial decision.
August 18, 1993 Memorandum and Order (Motion to Aeopen) at O.
Indeed, one connot show thor o dirrerent result h
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5 might be reached if no result has yet been reoched.
(Compare Carolino Power & Light (Sheoron Harris Nuclear Power l
Plont. Units 1-4). LBP-78-2. 7 NRC 83, 85 (1978): the newly presented evidence need not always be so significont that it would 01ter the boord's fineings ir the taking of the' evidence con be accomplished with little or no burden upon the parties.)
Exhibit 4 is from the NRC's Weekly Information Report for the week ending March 22. 1985.
It discusses o molrunction of the TDI DCs at Grand Guir resulting from the breakage or o metal pin from o check Volve in the air stort system.
Another check l
Volve had o crocked pin near the point or roilure.
This event demonstroces the railure of the 701 Owners Group progrom to compensate for the substor.dord design and quality or the TDI engines.
Hence, the new evidence is significant.
f This motion is oise timely.
OCRE discovered the document in the Local Public Document Room on April 27, 1995.
However, it j
should be noted that TDI had Filed a 10 CFR Port 21 report on l
the matter on March 12. 1985.
Thus, it must have been in the possession of Applicants and Starr prior to the April 9 evidentiary heoring.
Ir Applicants and Storr had honored their discovery obligations. OCRE would have been able to present the document at the hearing.
It is therercre clear that the deloy in prorrering this evidence is ottributoble to Appliconts and Storr, not to OCRE.
(compore public ser" tee __Co.
or New Hampshire (seabrook Station, j
Units 1 and 2), ALAB 471. 7 NRC 477. 498 (1975): when a party w
"3-G V
s has relevant evidence within its control, but fails to produce P
it, it may be inferred that such evidence is unf avorable to it.)
It must be concluded that the motion is timely and that the proffered evidence is significant.
Thus, this motion should be granted.
OCRE proys that the Board is so moved.
Respectrully submitted,
+##- [
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Susan L.
Hiatt OCRE Reprosentative 8275 Hunson Rd.
Mentor, OH 44060 (216) 055-3158 r
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Palo Verde, Units 1, 2 and 3 ll On Ma I 15, 1985, Mr. E. Van Brunt, the E ecutive Vice President for V
Arizona P ic Service Company (APS), informed us t -
the Board of
.q Directors of S has proposed a plan of restruc e for the company.
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In the present stru ture,' APS h.is 6 who
-owned subsidiaries. The
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new proposed structurd ill con!;ist with APS and 3 of the.p(reNous e ties not directly related to thea holding compa 7
i ut'itity business (Ene'qy DeMtfpment Co., Maiapai Resources Co. and El Dorado Investment Co.gs ihwholly-owneo st.bsidiaries.
The other 3 entities (APS Fuels 65mpany,s /PSNEinance C6moany, N.V., and Bixco, Inc.) will remain sidiaries' of APSA The initiel Board of Directors.
of AZP. Group w be the sarre as the currqnt APS Board.
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The. prop d change will require approval by thq IRS and a majority of.
the Af stockholders (annual sto:kholders metinlbwill be held on
.Apr 18,1985).
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. Grand Gulf, Unit 1 l
- l, A small piece of a metal pin (1" x 1" dia.) broken cff of a check valve l'
.in the air start system caused the Division I emergency diesel generator to malfunction during a survenlance test.
The ct.etal pin fragment was, carried by the air to one of the cylinder air inlet valves, where it lodged between the valve disc and the seat, 3
preventing the valve from closing.
This allowed hot gases from the cylinder tu get into the air '; tart system resulting in the malfunction.
y of th's engine.
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'The licensee found the portion of the pin when it examined the air inlet valves af ter the me.lfunction.: Examination of.the other three check'..Cd valves in the Division' I air start system showed that one of the valves.1,'.
had a cracked pin on the disc which appeared to be near the failure'
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point. The other two valve discs did not appear to have cracks in them. ~ :
' The discs from all four valves were replaced with new discs and the old 91scs were sent to the vendor for te'ts and examination to determine o
s I possible causes of failure. '.
7;,p2 ho h e;d <m
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.The diesel generator manufacturer Transamerica Delaval, Inc. issued au. h,ut.m >w
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10 CFR Part 21 report on tFi matter to the Office of Inspection and me
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Enforcement on March 12, 19o6.
There are several plants that have the
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same design of check valves in the air start system.)
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- MAR 2 21985.
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" ~ ENCLOSURE 3 Mi U.; i;*:,1 f
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I CERTIFICATE OF SERVICE This is to certi~fy that copies of the foregoing were CsthNed by deposit in the U.S. Mail, first class, postage prepaicF,5This To %
day of Aww a 1986 to those en the service list b,elow.
M. M -2 M M I
f f.'
0 Susan L.
Hiatt-'
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44 -4 A(Ib bniwacb '
d SERVICE. LIST a
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% JAMES P. GLERSON, CHAIRMRN 7
RTOMIC SAFETY & LICENSING BOARD Terry Lodge, Esq.
51'J GILHOURE DR.
618 N. Michigan St.
SILVER SPRING, MD 20901 Suite 105
~.,
, Toledo, OH 43624 v
7 Dr. Jerry .t.. Kline
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- Atomic Safety. & Licensing Board.
U.S. Nuclear Regulatory Commission i.
Washington, D.C.
20555
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N' M Mr..Glenn O. Bright Atomic. Safety &. Licensing Board I
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Colle en P. Woodhead, Esq.
- ~-
l Office of the ' Executive Legal Director U.S. Nuclear Regulatory Commission Washington,. D.C.
20555 W Jay. Silberg, E'sq.
!.l Shaw, Pittman, Potts, & Trowbridge 1800 M Street, NW
[,
. Washington, D.C.
20036 y
I' Docket'ing' & Service Branch
. Of fi'ce of 'the Secretary U.S.. Nuclear Regulatory. Commission Washington, D.C.
20555 Ato' ic. Safety. '. Licensing Appeal Bo'ard' Panel m
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 l
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