ML20126A864

Transcript of 791229 Hearing in Portland,Or.Pp 3426-3450

ML20126A864
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	12/29/1979
From:	Mccollom K, Mark Miller Atomic Safety and Licensing Board Panel
To:
Shared Package
ML20126A853	List: ML20126A850 ML20126A854 ML20126A858 ML20126A861 ML20126A864
References
NUDOCS 8002260559
Download: ML20126A864 (27)

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2 g k 3426 R UU76 1 LIllITED STATES OF MIERICA QQoom/ub

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MUCLTJO PE.GUL.Y'0IG COIP.IISEIC.! t 'i01I014 3 " ' ~ ~ ~ ~ ~ ~ ~ ' ' ~ ~ ' ~ ~ ' ~ ' " ' ~ ~ ~ ~ ~ ' " ' ~ ~ ~ ~ ' ' " ~ ~ ~ ~ ~ ' ' ~ ' ' ~ + In the matter ef: 4 5 OMM GM.% MC'2nTC Ws,M, Dockt Mo. %~3M l et al. i .6 (Control N on Proceeding: I m.

, (Trojan iluclear Plant)-

. -----------------------~~~---------+- ( 7 g Auditoriun, Conneville Pouer ACuainistration, g 1002 Itolladay Street, II.F., Portland, Oregon. Saturday, 29 l'Ocember 1979 11 'iho above-entitled uatter came on for acaring, [ .12 7,urcuant to adjournment, at 3:30 a.m. ,.c.... zigp 13 UEroitL: s:- J 1 I IIARCIIALL U. !! ILLER, I;sy., Chairr:an, f Atomic Gafety and Licensing Doard b 15 DR. UE;UiUTli A. ?!cCOLLOU., i:cd>e r. g D;1. hUGI! C. T AE.' Oil, :lenher (ikt present) 17 .y APTLARAdC11: 18 On behalf of the Licensee, Portland General Electric: i!AURICE Td3:LPAD, Usq., 20 Lowenstein, :!cennan, nais, Axelrad G Toll, 1025 Connecticut Avonuo,17.;'., f 21 Uauhington, D.C. 20036 22 .=... RO?(ALD b. JOH1! Coil,. Est;., %=, Corporate Attorney, [ 22 ( Portland Ceneral lilectric Company, 9 121 C.N. Halloon Street, 24 Portland, Oregon 97204 25 1 1 ..hi. 3426-A wb 1 On bchalf of Bonneville Pouer A(ninistration: I. ::. i ).I}.[sp 2 UILLIAII U. KIllSEY, Esq., Bonneville Power Ad:ainistration, 3 1002 U.U. IIolladay Street, Portland, Oregon 97208 h51 4 F 1 On behalf of the State of Oregon: 5 RICHARD 11. SANDVIK,Esq., Acciatant Attorney g 6

General, E

U FRANK U. OSTRAUDER, JR., Esq., Acciabant Attorney 6 7 ~ ~ ceneral, Departir.ent of Justice, State of Oregon, 0 500 S.U. Yar.thill Portland, Oregon 97204 O 5 ~. On behalf of Coalition for Safe 'P6Ucr' b 10 EUGEUE ROSOLIE, 11 215 S.E. 9th Avenue, Portland, Oregon 97214 ~ 12 On behalf of Consolidated Intervonors : = 2:: 13 l .v. MINA DELL, 14 720 S.E. 26th Street, Portland, Oregon 97214 p 15 if On behalf of the Regulatory Staff: E_ 16 I? JOSEPIl R. GRA7, Esq., 3 17 Office of Executive Legal Director, United States Nuclear Regulatory Corr:tission, 18 Washington, D.C. 20555 19 20 Yd 21 22 If =b \\.... M T 25 s E i- {1 r j l 3427 i IR9/eul 1 P R O C D E D I II G S i 2 CIIAIlUIA!! t1 ILLER: Tha hearing on motions will came 3 3 to order, please. f".=. ; 4 As we have indicated to you previously, there have 5 been neveral requests by the Licenuco, by the State of Oregon, 6 and perhaps others that the Board, at the conclusion of the i ( 7 tak ey of evidence, both docunentary and testinonial with j i S reference to the pending notionc, rule from the ben ^h in the g interests of expeditious rosolution of those issues which aro 10 before the Board and the parties at this time. tj te have taken the evidence, both documentary in ja the interin since the ilovember 30th order, and ue have had a 13 chance to supplerwnt and update that infornation from the a 14 4 testinony of witnesses yesterday. j3 Therefore, in accordance with the expressed wishes 16 of the parties, the Doard at this time will anter an order from the bench which will have the force and effect of an g order entered under the regulations, the rules of practice j 18 gg and procedure of the fluclear Regulatory Ccamission, Part 2, as follous: 20 N 2j ORDER REGARDIliG INTERIM OPERATIO 1 OF TROJAi!11UCLEAR FACILITY ,39 c: :.3 = On December 23th and 29th, 1979, at Portland, g Oregon, pursuant to notica duly given and published in the 2 ", Federal Regicher, this Liccnsing Board held hearings upon g l li .i 342C i WRB/eb2 1 motions and upon roquests and directions for the furnishing i 2 of information which had nroviousW been directed s.ti sucnti 3 on its oun initiative by the Liccasing Board. L 4 The Motice of Hearing on the Trojan interin 5 operation motions was given by our order dated December 12, 6 1979. In that order we indicated the four matters of concern 7 to the Doard which had been set forth in our order of ifovember 8 30, 1979, and requested that the parties furnish immediately 9 in many cases or as soon as possible documentary infornation 10 and other data which the Board deemed necessary for it to make 11 a decision as to the continued or resumed interim operacion 12 of the Trojan nuclear facility. The facility is down and has j3 been down since October for reasons stemming initially from 14 some repairs that were required for the steam supply system 15 but other matters have como up in the neantine which vill be 16 addressed. g7 In the Motice of Hearing we advised the parties gg and the public that we considered that the public interest gg required the e::peditious consideration and resolution of those issues which were either expressed or implicit in our order 20 21 f November 30, 1979, the triggering order. We indicated that they had been addressed by the parties in subsequent 22 filings, that a hearing would be held on these matters, 23 g which we have just concluded, which will pass upon the signi-i fi nce of the infornation thus supplied, which will pass upon-25 l a o i c f. 3429 s hfjN 1 pending motions, which will establish a schedule for the 2 comp:.etion of discovery and the filing of appropriate m,tions E ') and the commencement of an evidentiary hearing on the Phase l [ {ul~l; j k I RY 4 Two issues. k; F.. S How the Hovember 30,1979 ordar was tha one tihich h~ 1[ 6 indicated the Daard's concern as to some of the natters ~ 55 7y connected with the operation,. the interiu oper?. tion at any i. a rate, of the Trojan facility. It described and you are ,3s familiar with the repeated efforts of the Licensing Board to g t comence an evidentiary hearing on the Phaso Two or modifica- [ 10 s r gg tions question. ITe described there the Board's orders uhich g h had attempted, and had been frustrated in the attsmpt to br.tnq 12 t this cause to a speedy and expeditious evidentiary hearing, j $,3 = E: citing our orders dated January 30, !1 arch G, April 12, June g4 = 5, July 26, August 2,. September 10, October 11, and October a 15 I 17, 1979,, l ~ g 9 l' In that order we further indicated that the 97 l facility, we were then informed, was down and had been down q [ 18 t i since October the 12th, 1979, when it was shut down due to the

g requirement of repairing prinary-to-secondary loakage in the 20 1

A&D steam generators and to conduct an inspection of piping 21 curiports in inaccessible areas as required by the Inspection p (l.l... g .j n I.. and Enfor'coment I&E Bulletin 7'9-14. This was the Bulletin W ,,e.3 \\..- that had gone out to all nuclear facilities and pertains to g ,.4 i] l scismic questions and to the inspection of pining which was b .<. a j. y 1 Y I ] u' g 3430 d E iph/eb4 i 1 in addition to or at least different fron that which had been 1h3? b-2 the specific concern of this Board in its Phase one hearings 3 conducted last year and culninating in our Dacember Partial ff L

E?

4 Initial Decision on that natter in December of 1979. U N 5 Ue indicated also that we had information that E F: 6 there was a so-called wall problem which concerned the ability E o u td 7 'of certain thin or supposedly non-shear block walls to resist d 5 carthquake-generated reaction forces and that, as a result, [ 8 g the office of Inspection and Enforcement which we call I&D 10 would not permit operation to be resumed until that problem tj had been resolved. There has been sono updating on that i 12 matter also which will be alluded to by Dr. ficcollom. ( d 13 There was a detailed report dated November 13, e 14 1979 entitled " Newly discovered problems with reaction forces 15 n certain concrete block or non-shear walls at Trojan," W 16 which had been furnished by the Staff to the Board and to the s parties, and it gave certain information. E 37 The order of November 30,1979, further stated F 3g 19 that the Doard took cognizance of the fact that I&E was 20 performing its own independent responsibility and had entered 21 a letter at any rate to the offect that operations sh'ould not f 22 resume until their studies had been complot.ed, but we indi-h ~ u* ii ated that the'Doard itself asserted continuing jurisdiction [ 23 R and responsibility over the Trojan control building design f { 34 E crrors insofar as there were seismic capabilitics or reduced r; 20 b r l. ..L 1431 K: I Jf/obS 1 safety margins. .. :ks y~=~ : I 2 Uc indicated that wo had bifurca';cd or split the i S two issues on Phase Gnc ar.d Phaso P.to evidcatiary hoaringa l (d!h E 4 but that was a matter, as ua saw it, of co.wanience in handling l ~ i t i f tao different types of issues; that is, whether there chould I 6 be interin operation and the consideration of the issues which i 7, revolved around the proposed modificationc and their :imeli-E 4 ness, effectivenenn, and adeque.cy from a cafety ctandpoint 1 -p 9 which we have cet for Phase '370 hearing and 'thich is the one j E l 10 that I have referred to. 4 J ti Wa indicated that the Doard at any rate Eclt thht y r !2 there was no loss of jurisdiction by the Daard as to interim 13 operation insofar as thera vau involved in soc.e fashion saic:vic y iscuas or questions, ucme kind of caucal connection, whether F g r

p cause or whether effect ue veren't trying to spell out, but ie g

we felt that in the intercat of public safety that this Board i e i g had and would continuo to accart jurisdiction in that regard. i: According we asked and directed as follows: L ~. 1, w 19 That the Staff should immediately inform the 20 Doard explicitly and clearly what unresolved problens remain f "7 which might have a bearing upon the scismic and other issues 3 . I 5 in this proceeding and ached that the info.rmation be kept h ~. .m u. a I k current upon a regular basir;. _ I-g F I) Uo asked the Licensee to immediat51y rendar a full o i d written report to the Doard an to tw2 chatus of all information \\ ..: i g b 1 I t t 3432 ]/bb6 I which had been requested of it by the Staff and uhich had not q 2 been fully and completely supplied to the Staff's satisfaction. 3 And we asked that current and updeced information as to the (ml.y. 4 well problen or any other matterc which might affect the issues in the proceeding should be furnishad, both at this 5 6 hearing and upon a regular basis. 7 Uc asked the Staff to give uc a date reaconably i anticipated for the cenpletion and filing of its Safety 8 n 9 Evaluation Report, the SER, which would evaluate the proposed modifications and the information and data furnished, and we 10 asked the Staff further to give a justification and an ex-11 planation for any further slippage in regard to its conpletion 12 13 and filing of its SER. = =... j4 17e asked all parties to state and to document their reviews as to how long interim operation of the Trojan 15 f cility should be permitted in the absence of the submission 2 16 of firm or final plans for control roon modifications which 37 would be adequate from the safoty standpoint to bring the gg facility into substantial compliance with its license, gg 20 As a result of the information request in this 21 rder of november 30, information was supplied from that date up to and including the date of this hearing on the motions. 22 ,a 'W The information that was furnished was in two f ms: g documents g which were studies, analyses, and the lihe, and v me tentimony. = l 25 l l m H g 3433-g, H ?Mpb7 1 Doard has analyzed and upon which it bacon this ordar cor.- fI jfn ; [: 2 cists first of all of the information furaished by the Licencec, [ E 3 PGE. That infornation at the request of the Deard wc.s again 5

=

t*.7:.Y. G '4 identified at our hearing yesterdny and assigned exhibit c 5 numbers so that it would be both a part of the tranceript and E 0 so that references could be mado directly and c::plicitly to .o, 7 . the rather voluninous documentation which is now devel.oped. 8 The Licensee's c::hibits thus unr::c.d ucro Licensee N C Exhibits M-1 through Licenaca Enhibit M-12. New those docu-E 10 ments, those enhibits, are described and the significance as ? 11 the Licensco sees it was cet forth in the transcript of the f e 12 proceeding at pagos 322G to page 3246. '? .= [ 13 liou the next group of exhibits thus identified 14 were thoso of the Staff, ihe Staff's M-1 through Staff's M-4. i E

5 Those docu

tents vare deccribed and put into context at k

5 to transcript pages 3246 to 3250 [= 17 The State of Oregon introduced its exhibitc, [ r ta M-1 through M-7, and they were deceribed and identified at E 39 transcript 32.50 to 3255. 20 The Intervonors identified their exhibits, M-1 ik 21 through M-3, and those were describcd in the record at pages g il 22 of the transcript 3255 to 3257 y 4, p ~ i Now in addition we then had the testimony of

5 g

7= g = certain uitnesses in ordar to either update, supplement, or E - l& m,

r-g C:.

.. }. explain both the data that hcd been citsmitted as far as any f. s } v ll

• ~

c e-gi b p ,i }.. H 3,134 p Il 3.1B/eb8 1 questions which were submitted to it by the Doard, or at the ll[ Mies 2 request of other parties but through the Board. [J "=~ v 3 The first panel of witnesses consisted of Donald E eb 4 Droehl, Richard Anderson and Dr. William Whito. Theca vero 5 proffered by the Licensee, PGE. Thair testimony, as a result y Y 6 of questioning by Dr. McCollom and to a limited extent, other 7 members o'f the nonrd, appears in the transcript at page: - 8 3263 through page 3309. j 9 Then th'ere uas another panel of the two Staff i: b'i 10 experts, Mr. Charles Tranmell and Kenneth Herring. Thore Ey 11 testimony was considered by the Board and appears in the 12 transcript at 3313 through 3373. ~ eMt 13 That's the evidentiary record on which these 14 motions were considered by the Doard. 15 The first question that arose pertains in a sense s 16 to jurisdiction or pouer of the Doard. The position uns b l 17 taken in certain respects, at least by the Staff, the Licensee p I tg and the State of Oregon, that the interim hearing and the I 19 Partial Initial Decision on interin operation divested the ( [ 20 Board to a certain extent of continuing-jurisdiction. f ? 21 We don't think it necessary to get in detail into f h 22 some of these natters because we think our ruling is not [ ji k l' 23 necessarily bottomed upon this question of jurisdiction, but hj 24 just so our position is clear and so it is clear to both the f t: 25 parties and the people of this area, we beli'cVe that we have y 1 r S 3433 5 9 EB/eb9 1 the continuing power and responsibility, so long no t'..cre is q n 2 interim operation, to see that that interin operation which U h 3 is temporary operation is safe. t m

e.....

4 We recogni::e that thero arc nooda for pouer g k 5 and many other questions but we have held befora and va hold E Dw 61 again thet those are not material or relevant upon the ques - l} = 7 ' tion of safety. Safaty is paramount. q 8 Thoro's an operching licenso. If that plant can l be operated uith safe'y it's entitled to operato, but if it If 0 c n:: to can't, if there are r:afety considerations which would indi-it. ~ 11 cato that it should not be in operation, the Board will not 12 take into considerati.cn, it will not be awayed by the need for 6, 13 power, however significant it may be, because wa think that a =- 14 ; we have a responsibility, both under our proceduro and undtr the a i

5 indications we have given throughout this hearing that safety 5

13 is the first and paramount-issue and it's not going to be E 5

j ! watered dowr and diluted by other considerations.

l =r Mow when uo look initially at what was contemplated;! b g3 19 on this question of interim or temporary operation, it is 20 sometimes helpful to refresh our memories becauso we don't ,s 2; intend that interim beconc forover or as the I'rench say, that g } 22 ) there is nothing so perrmnent as the tcaporary. And ws've i f: ?> b i f ] got some temporary buildings in Washington D. C. that were g r am temporary in World War I, as a matter o.f fact. ~ 24 i -1 2;.. J So we are concerned. We are aware of the I" jj g Q tf i L l s t 3436 p 0 Rdebl0 1 cignificance of.the time factor, not that it's totally con- [ 'C.R. 2 trolling but certainly it is not something we'ro about 'to

• "~

3 forget. P @" ~ The initial action in this regard was the order { 4 tu 5 for modification of the license which was issued by the NRC = 6 technical Staff. It was the itay 26, 1973 order which com-7 menced all this and which did require the modifications which '8 did set forth the various aspects and which did provide l 9 n'ow remember, this is May 26, 1978 -- that the Licensee, PGE, 4 10 has indicated its intent to implement the modificationc by 31 June 1, 1979. May 26, '78; June 1, 1979. 5 12 And at IV of that order: ~ "On or before June 1, 1979, the control ? 13 14 building shall be brought into substantial com-pliance." { 15 E Inf rmation by July 1, '72, September 1, '78. f 16 I There isn't any doubt that it was considered everything would h 17 = be done; that is to say the proposals, the drawing and plans, 18 whatever else was required in the performance of the work f 39 would be completed within that approximately one-year period. 20 I jd Bloom 21 E 7 fis. 22 19 ,c 23 i 24 25 l l 1 j i. 3437 fi"'ITLOCK 1 llex t, I think we shoull consider, and the Com-li..f.9e2 Uarb 2 missioners, on July che 7, 1972, the lic'insees P7d, the city 3 of Eugene, Oregon, and Pacific Pcwer and Light Company, tha $?? 4 co-licenyecs, submitted a pat!, tion dated June 14, 19 / 0 request-i t, 5 ing the commission to authorize temporary operation of Trojan i G prior to the effective date for the order oC modification E I i 7 dated :4ay 2G, 1978, issued by the acting director, Office h h 6 of iluclear Reactor Regulation, published in 43 Federcl nog-W hr 9 ister 237G3, which I just referred to. !l 10 The Cowaicsion at page tuo noted that PGE has gj indicated its intention to modify the control building by 12 June 1, 1979, to restore the margins. The Staff has determ- [ -k ined that there is adequate casuranac of safety for the plant L 13 94 to operate in the interim, provided certain specific condi-f tions are met. Those conditions were set forth in the orig-15 inal order and have been contained in our order and continue 16 g: E in the present time. 37 And so the order for modification which amended

g

{ the licence co that those portionc of tha technical specifica-( 79 ti no with which the control building did not comply 'and does j 20 k s nt mply because of certain design errors or deficiencies, E 21 cays the Commission, are decmod waived until June 1, 1979, 22 , = = t So when they ucre speaking of interim operation, 23 =.. e it is very evident thct that interim was one of rather short 24 duration, about a year, to accomplish a good many things. ,. o l k c 3433 kirb 1 The next indication of what irJ; a rit o p o r.': i c r cc..- 2 sists of is the ordar :.asued, the pn tial ir.:.tial doaieion 3 issued by this Board D.cc acr 27 197a, 1tet year, ' ': a r the ("m. 5 4 conduct of a hearing uhich e non.3.ad c"=r.<* weeks a 3 you = ,I 5 will recall. t G Our partin). initial dacicion ohi:h 'cac icated r 7 December 21, 1973 e t pacp: 54 of the opiniac "':ated h;a t upn G the effectivo date of 4 h.! ' amar.6m.:: t to c": facility operatin:'I t 2 9 license which we were th>.0 authorizin? anc d.'.rocting and d 10 until further order of ece Atomi.c Safety e.nd Licensir.g Board, i 11 issued in conjunction v:ith cP.2 decis: san cr t'.c'bcope and I 12 { tin:eliness of r.'odificctions from a ccfoty scandpoint required g=' 13 by the order for n:odifics. tion o' f !!ay 26, 1978, which I have

n..,.

i y read to you and so forth, provid:d for the t.o:rporary waiver g3 of those conditions, the 3 'if cc t oE which vcs to permi.t interim gg oporation. 37 Again, page 65 under the o):dar, i+ is notuc' that i gg during the term of this candmcat the facili':y shall ha operatid gg in accordance with certafin condition: dasigned to insure core 0 tinued regard to safety raquirements. The term of the amend-a 2'l mont obviously indicatos it is not infinita; it is not forever, 22 it,is not even long-teria, but it doce have certain parameters or boundaries. 4,3 p... 4 I think raerhage when we refar now to the A7 peal 2 Board's decision ALAB 5, which affirmed the ordor cnd tha b. II f h

o.,

i i e l 3(39 p E t. I action cf this liconsing board, wo will see that those L

i..

[ 2 tc:cporal natters are again alluded to. ^ t 3 Referring now to page four of 'the alip opinion if 4 of the Appeal Board in footnoto five, having discussed those 5 matters which this Board looked to, tack evisence upon and set H 6 forth, orders and c6nditions and the like., stated at foot-k 7 note five: i i 0 "No might ha'/a been cicpocod to give I rl 9 more extended treatment to intervonor's several 10 Points raised on appeal had the decision below H I gg not authorized simply interim plant ope.:ation g 12 for a relatively short period of time. "Of course, the canaideration that long-13 term operation is not involved had no bearing upon 34 ur bligation to comb the record with onough care 15 t be sure that there were no errorn cnd the 16 like, but simply intorim plant operation for a g relatively short period of time." [ 16 u And then agains footnote seven on page six of the gg App a ard in Udo very came case that we are all involved 20, in, the instant case, stated: g "To avoid any possible micundcratanding [ respecting the reach of our affirmance, it boars == rapetition that the licensing board decido nothing more than that the facility might operate until .i l" 3440 I such time as it entered a f urther order in con - 2 junction with the dc.ciaian on the scop;' and time- } 3 liness from a cafety standpoint.

. =

V~ 4 "In other words, it needs to b; datermined be-5 low, not merely the um ture and timing of the me lifica-j t G tionn but also whether and if co, on uaac conditions E 7 the facility should be allowed to operate while the a work is being perfornr 1. g " V.ani f e c tly, theret'cre, we are not called E 10 upon to look into any such quantions at this stage. 7g Rather, they will bear:aa ripe for our considerttion i 1~o only afher the licencing bocrd completes the addi-J.;l 13 tional evidentiary her. ring at tchich they will ba j i 3; addressed, and then render judgment upon them. 15 "It naad only be addad that it appears tabt i 16 the Paard appreciatcc che deairability of an c:.:- I 1 97 peditious resolution of the "attera util? before ? i it, and io managing the conduct of the furcher g jg proceeding uith that' cnd in mind.,ie encourage it to continua to do so." .r As a result therefore, of the tima consid-i yi Orations, thin board considern it bot'h significant and t E worthyof analysis that a year af ter we authorized interim v' ll operation and directed that stops be taken to proceed soecdily 2,4 l and expeditiously with evidentiary nec.:ing on the proposed ,:) b li !!II it I 3441 2 .? E 1 modifications, what ever those plans were, their analysis i o., 2 by the. Staff, the production of its Safety Evaluation Report, j b the completion of discovery, the filing of $6tior.s and the h 3 cu R 3=.. EN 4 commencoment of evidentiary hearing; this we confidently l{ 5 started upon in January of 1979. [E F 6 It didn' t work out that way. That in why we, in j 7 'purt, have aske'd for the presentation of evidence here to 0 try to find out why there has been so much delay and slippage 9 and to see what can be done in order to eliminate it or re-0 61 r.1 10 duce it.

1. .s 1

11 And that is why we have indicated that we regard f la interim operation as being timo limited and that the terminal ff 13 period is fast approaching. {

u-14 Now, in order to accomplish an and of intorim, it i

15 is the decision of this Board that will be c:<panded upon by E 16 Dr. McCollom, that interim operation may be resumed, but in h% $7 order to insure that we are'not going to have interim regarded 33 or handled otherwino than as temporary, we have decided first E gg of all we are going to set'a firm date for the commencement j i 20, of the evidentiary hearing on Phase Two, where we go into the i k 21 scope and timeliness and -- of modification required, and j M 22 that timeliness has meaning, for April 1, 1980. y

P 23 We intend to start April 1,1980.

Now in order g to do thate the parties are going to have to speed up very ] 24 nubstantialj:y and very materially their proparation for trial. ?. 25 a a Y l m .e L 3442 II [- -gy;, l' We are going to start evidentiary hearing on that data. "57' [- 2 We'have accordingly asked the Staff to file by I. h 3 its indicated date, which is rebraary the 14th, 1930, its p =. a DE' - Safety Evaluation Report. Uo have asked the Staff to [ ~ 4

SER, 7

i.j 5 file that even if there may be souc items not yet com,0.'.etely 'k rr 6 resolved. Most, I am sure, havo boun! as ic the practice, 7 The_ Staff o'btains information and evaluaton in a continuing G process with the licensec. 9 But in the event that by the given. date of +: 10 February 14th there remain any unrasolved mattorc, the Staff 11 is to follou its SER, to indicate and to frama its -- as 1g issues those that are not resolved to permit other parties ~ .=. gjp }3 and itself to produco evidence with respect to those unro-solved issues, and with th'e icsuas as fremad so that they i 14 E gg can be approached, and evidence obtained regarding them and ..rr tg permit tho'Doard itself to determine the matters, if they can't be rosolved by the Staf f and the licensac. 17 This is sometimos dono und it is a matter no g TO i doom both uithin our discretionary powors and one that will

9 0

assist in getting those issues brought to an ovidentiary j 20

• hoaring where they can be handled in an intelligent and j

21 t 1 gical uay, based upon solid evidence and not rhotoric. [ 22 d$5 [ c-He further request that if the plant upon re-3 23 I r2; l ~.E.: sumption of intorim or temnorary operation is shttt doun for a =- any .r as n.that the Bocrd be notified immediately by the i 25 [- ..\\ 1 t 3443 1 Staff and by the Licencoe, that the Board be given sufficiant i 2 information to enable it to mal:e an independent evaluation of 3 the causes or reaconc of the chutdcun, and to determine g:.. lh1 4 whether or not it has any cauca,1., whether cause, or wl. ether 5 offect, or mixed, with the neismic capability or the reduction E 6 in seismic capability of the control building complex in 7 regard to the issues which previously have been before the U G Doard. 9 We also note specifically that the Board reserves 10 the power te stop or suopend temporary or interim opcration E 77 if safety is involved in the operation of the plant with its F h 12 reduced seismic capability, whether due to design deficiencies !i 13 r any ther reasons. 1 14 Dr. ticCollom will now analyze in this order the evidence which rhas been presented, both docwnentary and testi-15 di mentary, the inferences uhich he ac an expert and.which the h g Ebard collegially dra.u therefrom end the scopa and ef fect. And then I will close very briefly by giving the schedule 18 and so forth. g Dr. McCollom? O. DR. MC COLLOM: This will be covered in tuo parts. The first will have to do with the interim cporation, an d the second will bo with respect to the design modifications [j 13 q of the bulding. i 24 ~ a The Board in its partial initial decision for il 2a_ H o L r, 3444 .r. in l g.;;..; 1 Phase Ono, that of intarim operation, dated 1.'c cr.bar 21, n... i- .7:.g.. g t 2[ 1978 specified thc.t the eafety < alated pipinct be c0cq;at911-t l [ L 3, qualified to vithstand earth';uahec up to c nd j_ncludiwJ the 9 1 (5R ) 'l safe shutdo7n earthquahe of.25G accelcratien befcre :ha 4 ( S startup or. t.ne operata..cn 2.n tho 2.nt ers..a pano.. l. s 3, Yet, on Octob'or 19 1979 aiSar rm. u. rariTa tle.r nine i months of interin o.ncration a safaty relatad pining sun.nort w f below level 45 feet was found 2a M insi :qua b. j O i Subsequently, a total of l'N piping suppor.:s g i. have been reedified to incrcane coisnic capabil.ity bacce en a 1g more conservativa caiscia criteric. unan that originally used f g I in the desian of tha Trojan nuclec:^ pl' ant. C at raforence 2 6 4 t C.. would be at transcriph 3267. 1 L, i .= j During uha hearing, ho' craver, evidanac uas ra-k, ceived that showed that the accraiption;; ic.ade for Phnma Cac h i i interim operation ue a ac.cron.ricta und that thoso pipo sun- ,1 i $3 ;. F l ,( ports bolou loval 45 feet vare prohnbly not re-ovalcate:1 i ~ 1,i t at that tiro, from that then vac obtain.;d frec' the original ( mr t i u' design. That can ho fcund at tranucript 320 to 3271. I 10 1; Alco, evidence was prepented to show that all ,,0 4 I f. safety-related 'pipin4 in the control auxiliary fuel building E L,. j fu E complex including those balou the 15 foot level, have now bean p:. 22 q

v. =

re-evaluated and some codified to ascera that all are coicmic-E '=. 23 'tl 11 } j 2',' y ally qualified to permit continued interim op.1 ration. u == hil4 In datormining the critcria for evaluating the d, t n-'4h p t 18

I

\\ r-a d 4 ~ N 3445 g ti C 1 pipe support seismic capability, the licenses also had to de- _g .:::E C. =r t 2 termino whether the double wythe walls could be concidered E E 3 monolithic to sustain out-of-plane inertial loads. E ,.r.. r pi?. 4 During the ensuing testing it was determined that 5 there were some sections of walls made up of this double R 6 wythe that i.ad no mortar betwcon the uythos, as was origin- ? 1 >y 7 ally specified, and others had somo voids. This is found j 8 in the transcript, pages '3293 to 3302. k N 9 A comprehensivo combination of drilling tests [l 10 and grouting of voids has now provided added assurance that 11 the shear capability of the control building walls will with- [0 n 1-2 stand a safety shutdown earthquake; transcript reference i ..e. Nile 13 3302, and 3322 to 3323, and that the added strength provided q UF a 14 for out-of-plane inertial leads will assure adequate seismic X i 15 capability for safety-related piping.

[

E E 16 Both the licenseo and the staff agree that there. .= L 17 is reasonable assurance that the interin operation can safety 18 continue without effect enpublic health and safety. The re-jg ference there.is transcrip't -- licensee exhibit M-5 and 20 staff M-2. e 21 H w ver, under questioning by the Board, as was

e 22 referred to by Chairman Miller, the staff's expert witnesses

-Ea E ~. concluded that there was a time dependence for how long { 23 w Sir 24 interim operation should continue with returning the control 4 I l 'w-m I 6 V: 3446 E i g$.. condition, and that is found at transcript page 3344 to 32-10, s [ 2 The Board's conclucion based en this is that the k E seismic capability of safety-related piping la an least cc a H . Q:=. .ys. 9 .i good as and may be better than that intended in our initial I h E partial initial dacision for interia cperation. [ pd2 sart3 c hoti, turning to the design for the raodification of 1 the control room building, licensea's c:: pert '.-tiencsces testi-c fled thau the proposed design for modification of the control f[ b h 9 room building is complete, and.that they have cubmitted }. 10 answers to cll of the NRC Stcff questions,up to thei hte of jj this hearing, and that is found in licencee exhibit M-ll, s L n .g 2 The Staff have not had the tima to complete their-R evaluation of'the licensca answers, which I believe were dated p J.p=. g January 21st -- What is the date on licensee -- December g 22nd, liconceo exhibit M-l?., which is the enhibit that trans-5 g mitted the last answers was dated December 22nd, [E g Obviously, tho Staff has not htd ti.ie to evaluate [N g those answers to ceo if they are adequate. ij l ~ gg However, the Stcff has agreed to do so, or expects l pp to do ao by February 1, 1980, with the first drcft of the SER, e ,J i1 the Safety.-Evaluation neport, and that is found at tran-e. s2 script page 3351, and by February 14, 1930, to issue the h e 3:::=

• 23 Safety Evaluation. Report.

h

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'is', Both the licenceo, ref erence transcript 3377 to g r 3379, and the Staff, refereacc 3332, to 3334, agreed that the g u t v R li .y.

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3447

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f 1

longer than normal time 9

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1ecessary.to evaluate the control

-?

2 room building design modifications was duo to the ctate of the i

3 art technique being used as compared to relying on standard f

k3-4 building. codes.

S This is predominantly caused by the fact that the 5

control building and other areas in the Trojan nuclear plant 6

have a unique kind of wall design often referred to as a 7

composite wall, as compared to most other nuclear plants 8

i.1 for which building codes are more directly applicable and F

9 10 more easily applied.

9 The Staff did assure the Board that high priority tj will be given by Staff technical experts to complete the 12 analysis of the proposed modification design of the ccntrol

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33 14 building on the proposed test.cchedule, f

15 That completes my statement.

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!il t,o.

C11 AIRMAN MILLER:

Pursuant to these findings,

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based upon the evidence as we have described, the Board adopts f~

g the following schedule, which at the Board's request was Tl 1

proposed and in that sense agreed to by the parties, as 79 schedule for the further conduct of these proceedings, as 20 f 11U"8*

21 b

il 22 February 7, 1980, the last day to file summary c:r t,

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disposition motions.

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E Ft; February 14, 1980, the Safety Evaluation Report h

24

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g to be filed by the Staff.

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3440 g

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February 2G, 1980, completion of discovary and Eq r

3 the filing of intorrogatorios and requeats for product'.c:t c?

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1.

3 documents and inattors of that kind.

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{y 4

February the 2.3, 1900, the laat data to filo l

q 5' f' answers to raotions for summary disposition.

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March 11, 1980, will be the special prehcaring 5

i y

conferenco.

It will be the Board's intention at thct tim 3 8

to rule on the sunmary dispecition motiona,which have

._se 9

theretofore been filod, and responded to.

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to May 17 is the date for the filing of prefiled l(

71 written testimony.

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12-And April 1, 1980, we will commence the e'vi-

~

dentiary hearing.

33 34 Finally -

.I am corry, it is-March 17th.

Let, t

..s the order be ~borrected in that respect -- March 17, iS80, is p

15 s.1 16 the date for' the filing of profiled written tactimony, and I

e 9.,.

April 1, 1980 is the commencem.ent of the evidentiary hearing.

I Let me refer now to licensec's E::hibit M-12, 10 - {

which is' a ichter dated Dr:cambeh 27, 1979, from Mr. 'Drochl g

20 to Mr. L'ngolken of Region V,IIRC Offico.

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3449 9b/wbl 1 The last luragraph indicataa that all the c #!arb 2

modifications suric.arized and unders hood in the letter wero 3

completed on Decutier 21ct, 19i9.

4 "In accordance with your lottar of 5

December 20, 1979, pcuer operation will not: corr.e nce 6

before our re-evaluations hava been resolved to the 7

saticfaction of the !!n0 staff."

8 And that refers, in para c.t least, to Inspection 9

and Enforcecent.

10 "In addition, power operation vill not 11 resune pending further order of the Atomic Safety I

I.

12 and Licensing Board assigned to the Control Buildiig

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13 proceeding."

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14 This order will be deonad to be the further order 15 referred to, correctly, by fir. Brochl in that letto!, and 16 also vac the subject of the Novatber 30th, 1979 ordsr of the 17

'Doa'rd.

18 Ue note, howevar, and I'm cure all p:.: ties are to aware, that although the interin operation nay J.usume so far I

20 as this Licencing Board is concerned, and as a result of ou" 21 findings based upon avidence, that neverthelesc this does not 22 affect in any way the action taken by the Office of Inspection 23 and Enforcement or NRC staff, which is another matter and 24 which within their independant areas are controlling, to the 25 extent that operation in effect could not resume until the i

i l,

P i

h 3490 M :'wb 2 1

ntat born that those segr.unta of the nnC 22:.; lcoking into._rc I

se 4..

2 satisfied.

but to be entiraly cl ar, c '. s o.':da r a.a t'te d,i.

i 3 t further crder of the Licensin9 nonw'. <.i ch n :.wi t s the renter +:-

4 tion on a temporary or interin bv..u c ub j a o t-

.a the matters 5

set forth in the orf.cr and tied c.nu conn 2cted very J.ein f taly 6

with the correncenent of an evidenciar; huoring on April lot, j

1980, which is going to go into euch w.tMrr c centinuc0 i

i I

g operation, interim cr otham inu, during the tir.a of che g

performance of the proposed modificatione and the actions 10 that will take place stibce uently.

11 This order will stand as an official crCar of thu f,,

Licensing Board in accordance Uith our Rules of Practice, u

l a,,

and, of course, vill be centnined in th;. trenacript of th2 hearing on the motions.

g,g 10 In addition, the Board requesta the Licermae or a-

l the Staff to cause ce> urate copies of th3 creer itself to be l-o 17 prepared and to ha served by mail or othoucice u' con all of the partien upon the servica lict.in this proccading.

gg The hearing is adjourned.

Thank you.

,0.

(traorcupon, at 9:12 a.u., the hearing in tho 6

3.

above-entitled mattor was adjourned.)

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