ML20129F771

Invites Attention to Aslab Decision ALAB-811 in Diablo Canyon Proceeding,Which Held That Results of Const Activities Re Design Verification Program Not Needed Before Board Finding on Operation.Ruling Applies to Instant Case

ML20129F771
Person / Time
Site:	Comanche Peak
Issue date:	07/15/1985
From:	Horin W BISHOP, COOK, PURCELL & REYNOLDS, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Bloch P, Grossman H, Jordan W Atomic Safety and Licensing Board Panel
References
CON-#385-805 ALAB-811, OL, NUDOCS 8507170455
Download: ML20129F771 (2)

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July 15, 1985 Peter B. Bloch, Chairman Herbert Grossman, Esquire Administrative Judge Alternative Chairman Atomic Safety and Licensing Board Atomic Safety and U.S. Nuclear Regulatory Commission Licensing Board Washingto n , D.C. 20555 U. S. Nuclear Regulatory Commiss ion Dr. Walter H. Jordan Washington, D.C. 20555 Administrative Judge 881 W. Outer Drive Elizabeth B. Johnson Oak Ridge, Tennessee 37830 Oak Ridge National Laboratory Dr. Kenneth A. McCollom Post Office Box X Administrative Judge Building 3500 Dean, Division of Engineering, Oak Ridge, Tennessee 37830 Architecture and Technology Oklahoma Sate University Stillwater , Oklahoma 74078 Re: Texas Utilities Electric Company, et al.

(Comanche Peak Steam Electric Station, Units 1 & 2) Docket Nos. 50-445 and 50-446 of

Dear Administrative Judges:

The purpose of this letter is to invite the attention of the Board to a very receng Appeal Board decision in the Diablo Canyon proceeding (ALAB-811) that bears on App}icants' proposed case management plan, filed on June 28, 1985. Applicants' counsel became aware of ALAB-811 subsequent to the filing of the proposed plan.

1/ Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1&2), ALAB-811, slip op. at 8 (June 27, 1985) 2] " Applicants' Current Management Views and Management Plan for Resolution of All Issues" (June 28, 1985).

8507170455 850715 PDR ADOCK 05000445 0 PDR d

In ALAB-811 the Appeal Board discussed the impact of ,

unfinished construction activities (i.e., a design verification l program) for Diablo Canyon, Unit 2, on ongoing adjudicatory proceedings, and held that the results of those activities were not necessary prior to a Board's finding concerning operation of that plant.- The Appeal Board stated that " predictive findings are a legitimate component of the Commission's licensing process." ALAB-811, slip op. at 8. Specifically, the Appeal Board wrote that the licensing process:

[C]ontemplates that operating license proceedings generally will be completed before construction of the . facility is finished in order to avoid unnecessary and costly delays in plant operation (footnote ommitted] . For that reason, adjudicatory hearings typically precede the completion of many of the applicant's construction related activities. If any of the unfinished activities happen to be matters that are challenged in the proceeding, the parties then generally litigate the adequacy of the applicant's program for subsequent action in the particular area.

Id.-(emphasis added).

A similar situation is presented in this proceeding. As discussed in the case management plan, Applicants propose that this litigation now focus on the adequacy of Applicants' program under the auspices of the Comanche Peak Response Team to verify I

design and construction of the plant. See Management Plan, at 42-

43. As in ALAB-811, this Licensing Board need not dwell on individual findings, corrective measures, and program outputs in order to make a reasonable assurance determination, if it finds the verification and remedial action program to be adequate. See Management Plan, at 39-41. Implementation of the program and individual corrective measures are properly left to the NRC Staff. ALAB-811, slip op. at 12.

Respectfully submitted, L

William'A. Horin]

Counsel for Applicants cc: Service List

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