ML20135F353

Comments Opposing Immediate Effectiveness of ASLB 850903 Concluding Partial Initial Decision LBP-85-35 on Emergency Planning,Hydrogen Control & Diesel Generators.Certificate of Svc Encl

ML20135F353
Person / Time
Site:	Perry
Issue date:	09/11/1985
From:	Hiatt S OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	NRC COMMISSION (OCM)
References
CON-#385-504 LBP-85-35, OL, NUDOCS 8509170230
Download: ML20135F353 (5)

Text

Y UNITED STATES OF AMERICA

h[f',fD BEFORE THE ,

NUCLEAR REGULATORY COMMISSION ef0 5

)

5016 gj 23 In the Matter of

) cr THE CLEVELAND ELECTRIC ) Docket tJos.N egGW44c,N, h T W ILLUt11NATING CO. ET AL. ) 50-W2!c0 M"

)

(Perry Nuclear Power Plant, )

Units i one 2) )

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COMMENTS ON IMMEDIATE EFFECTIVENESS OF LBP-85-35 Pursuant to 10 CFR 2. 764 (f) (2) (ii) . Intervenor Ohio Citi: ens for Responsible Energy (*0CRE*) hereby submits comments opposing the immediate effectiveness of LBP-85-35, the Licensing Board's September 3, 1985 Concluding Portial Initial Decision on Emergency Planning, Hydrogen control and Diesel Generotors.

This decision dtsmissed intervenors' contentions on these issues and authoriced the Director of Nuclear Reactor Regulation to issue operating licenses for the Perry reoctors upon findings of compliance With seven license conditions and with the Commission's requirements os to uncontested matters.

10 CFR 2. 764 (f) (2 (i) delsneotes the factors to be considered by the Commission in staying operating license decisions. These foctors are the 9ravity if the substantive issue, the likelihood that it has been incorrectly resolved below, the degree to Which its correct resolution would be prejudiced by operotion pending review, and other relevant public interest factors. OCRE will oddress these factors an detail in its motion seeking a stay pendente lite, to be filed with the Appeal Board on or before 8509170230 850911 0 >

DR ADOCK 0 {Q, .

s September 19, 1985.

, .js However, OCRE will brierly comment on these roctors herein.

The contentions in this cose have concerned several substantial safety issues, such os degraded core occident hydrogen control in the Perry Mark III containment., Transomerico Deloval diesel generotor reitobility, onticipated transients Without scrom, turbine missile ho:ords, dose rote effects on environmental qualification of equipment or components containing polymers, and emergency pionning. Unfortunately, the Licensing Board hos continually refused to fulfil its statutory obligotion to resolve these issues for final, full-power, full-term licensing in o fair ond importial evidentiary hearing. Instead, the .

Licensing Board hos odopted on illegal 'reasonoble ossurance of safety in the interim

• stondord Which it has used to defer these issues to the NRC Staff for post-heoring resolution, o practice prohibited by the Commission in Consolidated Edison (Indian Point Unit 2),

CLI-74-23, 7 AEC 947, 951 (1974).

Thus, it is o certainty thot these issues have been resolved incorrectly by the Licensing Board. Furthermore, the correct resolution of.the ATUS issue will be impossible if operation is permitted pending review, As will be explained in_the stay motion, the operation of Perry will permanently alter the status Quo ante necessary for o correct ruling, and the opportunity to capture o significont enhancement of safety will forever be lost.

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Other public interest foCtors loom large.jhere os Well. Mr.

Dole Keating, Perry senior Resident Inspector, hos identified the hoste to begin OPerotion os the cause of poor quality i

preoperational testing, identified in NRC Inspection Report 50-t 440/85036(DRP). In a news article on this problem Mr. Keating ,

is quoted as saying 'They're Coppliconts] severely impoeted by their own schedule. They're tripping over their feet getting to 1 that point. They would like to have fuel looded this year l

because it would help their finoncial situotion and their bond )

i roting, primorily.'

OCRE ss reminded or the rinding of the Rogovin Special Inquiry Group on the TMI occident that nuclear utilities hove

! tended to declare commercial operation in December due to tax incentives. In fact. Toledo Edison (one of the Perry opplicants)- odmitted to declaring commercial operation of the s Dovis-Besse plant-in specific consideration of financial

[ considerations, especially deprectotion for tox purposes. ,

NUREG/CR-1250, Volume II Port 1 ot 236. . .

1 Toledo Edison is currently seeking from the Public Utilities Commission of Ohio o rate increase, including Construction Work in Progress for Perry. Thest test year ends March 1986. Thus, there ore Severe' financial incentives peculiar to this time i - .

l Period which. con cause (and in the opinion of Mr. Keating.

l olready have caused). the appliconts to compromise the safety of i

the Perry facility. It is thererore in the public interest for the Commission to stay the immedicte effectiveness of LBP-85-35 t

.w pending full appellate review. This will p r.ev en t operation from prejudicing the correct resolution of the co'ntested issues and Will protect the public from hostily and poorly done constuction

'and testing.

Rsspectrully submitted.

W Suson L. Hiatt OCRE Representative 8275'Munson Rd.

Mentor. OH 44060 (216) 255-3158 oateg . .S. .k.97. . ././.+ .(.9. 8.[. . . . . . . .

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• CERTIFICATE OF SERVICE n

This if to certily that copies of the foregoireg were servec by dePCsit in the U.S. Moil, first. class, postoge'prepoid, this T:.__, 1985 to the Servsee List.

__N Y._ coy or .

.... c Susan L. Hio't GbW--

SERVICE LIST - _.

DR. W. REED JOHNSON Po11odino, Chairman RTOMIC SAFETY & LICENSING RPPEAL Mr. Nunzio J. B AR U.S. Nuclear Regulatory Commission 1717 H street, N.W. ) WASHINGTON, D.C. 20555 Washington, D.C, 20555 Mr. James K. Asselstine. Commissioner GARY J. EDLES, ESQ.

Nuclear Re9ulatory commission ATOMIC SAFETY & LICENSING APPERL U.S. BOARD 1717 H Street. H.W. U.S. NUCLEAR REGULRTORY COMM.

Voshington, D.C. 20555 UASHINGTON, D.C. 20555 Mr. Thomas M. Roberts, Commissioner U.S. Nuclear Regulatory Commission JRY SILBERG, ESO.

SMAU, PITTMAN, POTTS, & TROUBRID 1717 H 5treet, N.W.

Washington, D.C. 20555 [h00MST.

UASHINGTON, NU D.C. 20036 Mr. Frederick M. Bernthol, Commissioner U.S. Nuclear Regulatory Commission COLLEEN P. UDODMEAD, ESQ 1717 H Street. H.W. , OFFICE OF THE EXECUTIVE LEGAL DI Washington, D.C. 20555 .

I RECTOR

,U.S. NUCLEAR REGULRTDRY COMM, Zech, Jr., Commissioner WASHINGTON, D.C. 20555 Mr. Londo W.

U.5, Nuclear Regulatory Commission 1717 H Street, N.W.

Washinston, D.C. 20555 DOCKETING & SERVICE SECTION OFFICE OF THE SECRETARY

- - , U.S. NMCLEAR REGULATORY COMM.

JAME5 P. GLEASON, CHRIRMAN ,

WASHINGTON, D.C. 20555 ATOMIC 5AFETY & LICENSING BOARD 513 GILMOURE DR. i SILUER SPRING, MD 20901 TERRY J. LODGE, E59.

618 N. MICHIGAN ST.

. SUITE 105 TOLEDO, OH 43624 DR. JERRY R. KLINE ,

ATOMIC SAFETY & LICENSING BOARD U.S. NUCLEAR. REGULATORY COMM.

WASHINGTON, D.C. 20555 DONALD J. EZZONE, ESQ

. ASS'T PRO 5ECUTING ATTY l , LAKE CO. ADMINISTRATION CENTER 105 MAIN ST.

MR. GLENN O. BRIGHT PAINE 5UILLE, OH 44077 ATOMIC SAFETY & LICENSING BOARD U.S. NUCLEAR REGULRTORY COMM. l UASHINGTON, D.C. 20555 JOHN G. CARDINAL, ESO PRO 5ECUTING ATW

! ASHTABULA CO, COURTHOUSE ALAN 5. ROSENTHAL, CHRIRMAN ,

i JEFFERSON, OH 44047 l ATOMIC SAFETY & LICENSING APPEAL BOARD U. m. S . NUCLEAR eerme n.c.REGULATORY pasqq COMM.

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