ML20141N804

Memorandum & Order Consolidating Proceedings & Setting Schedule for Identification of Issues Re Licensee 851218 Application for Amends to License NPF-39 on Check & Containment Isolation Valves.Served on 860317

ML20141N804
Person / Time
Site:	Limerick
Issue date:	03/14/1986
From:	Smith I Atomic Safety and Licensing Board Panel
To:
References
CON-#186-425 86-522-02-LA, 86-522-2-LA, 86-526-04-LA, 86-526-4-LA, 860526-4-LA, OLA-OLA-2, NUDOCS 8603180150
Download: ML20141N804 (6)

Text

T 42r SERVED MAR 171996 UNITED STATES OF AMERICA 0MgtED C

NUCLEAR REGULATORY COMMISSION

'86 MAR 17 #0:29 Before Administrative Judges: [FFICE 05 a... , , .

Ivan W. Smith, Chainnan OCMEigNC Richard F. Cole Gustave A. Linenberger, Jr.

In the Matter of 0& A~b Docket No. 50-352-OLA[A

[ASLBP No. 86-522-02-L PHILADELPHIA ELECTRIC COMPANY (Check Valves)

Docket No. 50-352- W (Limerick Generating Station, [ASLBPNo. 86-526-04-LA]

Unit 1) (Containment Isolation)

March 14, 1986 MEMORANDUM AND ORDER CONSOLIDATING PROCEEDINGS AND SETTING SCHEDULE FOR IDENTIFICATION OF ISSUES

Background

On December 18, 1985 the Licensee, Philadelphia Electric Company, applied for two amendments to the Facility Operating License for the Limerick Generating Station Unit No.1, located in Montgomery County, Pennsylvania. The first amendment relates to the testing of certain instrument-line, excess-flow check valves (the " check-valve" amendment).

The second amendment relates to the testing of primary containment isolation valves (the " containment-isolation" amendment).

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..y, A. The Check-Valve Amendment N p,, it M M On December 26, 1985 the Commission published in the Federal m

i5i Register a notice that the proposed " check-valve" amendment involved a "no significant hazard consideration" and provided an opportunity for a hearing to any person whose interest may be affected by the amendment.

Mr. Robert L. Anthony requested a hearing and leave to intervene. The amendment was issued on February 6,1986. This Atomic Safety and Licensing Board was established on February 12 to rule on petitions to intervene and requests for hearing and to preside over any hearing that may be ordered. The Licensee and the NRC Staff opposed Mr. Anthony's petition. On March 13, 1986 this Board issued a Memorandum and Order ruling that Mr. Anthony had met the threshold requirements for a petition to intervene as set out in 10 CFR l 2.714 and that the contentions submitted by Mr. Anthony would be considered as noted below.  ;

In the meantime, the Air and Water Pollution Patrol, by its Chairman Frank R. Romano, filed a petition for leave to intervene dated February 24, 1986 in the check-valve amendment proceeding. Licensee has opposed Patrol's petition. The NRC Staff has not yet answered the Patrol's petition and the Board has not yet ruled on the Patrol's petition.

B. The Containment-Isolation Amendment On December 30, 1985 the Commission published in the Federal i Register a notice that the proposed " containment-isolation" amendment

involved a "no significant hazard consideration" and provided an opportunity for a hearing to any person whose interest may be affected by the amendment. On February 26, 1986 Mr. Anthony filed a request for hearing and petition for leave to intervene in the containment-isolation proceeding. The amendment was issued on March 3, 1986. On March 13, 1986 an Atomic Safety and Licensing 30ard, consisting of the.same members as those designated for the check-valve proceeding, was established to rule on intervention petitions and to preside over any hearing ordered in the containment-isolation proceeding. The Licensee opposed Mr. Anthony's containnent-isolation petition. The NRC Staff was granted an extension until March 28, 1986 by the Chief of the NRC Docketing and Service Branch to answer Mr. Anthony's containment-isolation petition.1 The Board has not yet ruled on the threshold considerations of Mr. Anthony's containment-isolation petition. He has not filed any contentions in that procee ing.

1 Benjamin H. Vogler, counsel for the NRC Staff, has agreed to comply with the procedures set out below for addressing the issues in these proceedings and has waived the Staff's prerogative to delay its answer until March 28. Mr. Volger and the Licensing Board Chairman have had several discussions at the instance of the Chairman to arrange for filing the background documents and to explain to the Board the mechanics of the handling of the amendment requests and the pleadings filed by the petitioners. The parties have not complied with the service requirements of 10 CFR 6 2.712.

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L Order A. Consolidation of Proceedings The respective Licensing Boards of the check-valve proceeding (50 Fed. Reg. 52874. December 26,1985) and the containment-isolation ,

proceeding (50 Fed. Reg. 53226, 53235, December 30, 1985) have determined that it will be conducive to the proper dispatch of their respective proceedings to consolidate them for prehearing purposes and for the purpose of any hearing which may be ordered in both proceedings.

Accordingly, pursuant to the provisions of 10 CFR 6 2.716, the proceedings are consolidated.

B. Schedule for Identification of Issues

1. By Memorandum and Ordet of March 13, 1986 the Board directed the participants or their respective counsel to appear at a prehearing conference on the check-valve matter on Thursday, March 27, 1986, beginning at-9:00 a.m. EST, at Old Customs Courtroom (Room 300), U. S.

Customs House, Second and Chestnut Streets, Philadelphia, Pennsylvania.

The Board has today issued a Federal Register Notice of Prehearing Conference setting the prehearing conference in the containment- .

isolation matter at the same time and place.

2. The Staff and Licensee have already been directed to file any answers to Mr. Anthony's check-valve contentions by 12:00 noon, March 17, 1986. Memorandum and Order of March 13, 1986.

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3. Mr. Anthony has already been directed to file by express mail any amended petitions, supplements to petitions and additional contentions on the check-valve matter by March 20, 1986. Id.

Mr. Anthony is directed to file his' containment-isolation contentions and any amended petitions or supplements to his containment-isolation petition by express mail no later than March 20, 1986.

4. Mr. Anthony or his counsel has already been directed to appear at the prehearing conference on March 27. Id.

5. The Air and Water Pollution Patrol is directed to file its contentions and any amended petition and supplement to its petition (check-valve matter) by March 20, 1986 by express mail.

6. The Air and Water Pollution Patrol by its representative or its counsel is directed to attend the prehearing conference on March 27.

7. The Licensee and NRC Staff have already been informed that each will be afforded an opportunity to address orally any amended petition, supplement to petition and new contentions submitted by Mr. Anthony on the check-valve matter at the prehearing conference on March 27.

8. The NRC Staff will be afforded an opportunity to answer orally Mr. Anthony's initial petition for leave to intervene on the containment- isolation matter at the prehearing conference on March 27.

The NRC Staff and the Licensee will be afforded an opportunity at the prehearing conference on March 27 to address the contentions, amended petition and any supplement to petition submitted by Mr. Anthony on the containment-isolation matter.

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9. The Licensee and the NRC Staff will be afforded an opportunity to address the contentions and any amended petition and supplement to petition (check-valve matter) submitted by the Air and Water Pollution Patrol at the prehearing conference.

10. Each petitioner will be afforded an opportunity to address any new considerations raise.d by the Licensee and NRC Staff orally at the prehearing conference.

IT IS SO ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD lvan W. Smith, Chairman ADMINISTRATIVE LAW JUDGE Bethesda, Maryland March 14, 1986

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