ML20149D873
| ML20149D873 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/02/1988 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#188-5536 OL-1, NUDOCS 8802100062 | |
| Download: ML20149D873 (9) | |
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V 00CKETED USNRC i8 FSB -8 Pi:04 February 2, 1988 er,, : rrer-
- s UNITEDSTAgyf[0E;hMERJCA BI:A '.vi NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL-1 NEW HAMPSHIRE, et al.
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50-444-OL-1
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On-site Emergency (Seabrook Station, Units 1 and 2)
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Planning Issues
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APPLICANTS' RESPONSE TO NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION TO COMPEL APPLICANTS TO RESPOND TO NECNP'S SECOND SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS ON NECNP CONTENTION IV Eackaround NECNP Contention IV reads as follows:
The Applicant must establish a surveillance and maintenance program for the prevention of the accumulation of mollusks, othar aquatic organisms, and debris in cooling systems in order to satisfy I
the requirements of GDC 4, 30, 32, 33, 34, 35, 36, 38, and 39, which require the maintenance and inspection of reactor cooling systems.
The design, l
construction, and proposed operation of Seabrook fail to satisfy these requirements.
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The basis stated for the contention was:
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Basis:
On May 19, 1982, the Commission published in the Federal Register a notice of abnormal occurrences at a number of nuclear reactors around l
8802100062 080202 4
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the country.
The notice described the accumulation of asiatic clams, mussels, and other aquatic organisms in reactor cooling systems which had hitherto gone unnoticed.
At one reactor, Brunswick Unit One, blockage of coolant flow paths resulted in the ' total loss of both redundant trains of the residual heat removal system.'
47 FR at 21653.
Noting that the dissipation of heat to the environment is an essential safety function, the Commission found that blockage of coolant systems by biological organisms and debris could cause
'possible degradation of the heat transfer capabilities of redundant safety systems to the point where system function is lost.'
Id. at 21655.
The abnormal occurrences at the six reactors showed that ' preventive measures and methods of detecting gradual degradation have been inadequate in certain areas to preclude the occurrence.'
Id.
The licensees in each case agreed to improve design features and detection techniques to prevent future significant fouling.
The Seabrook reactor uses ocean water for cooling and is particularly susceptible to fouling by aquatic organisms.
The fouling does not occur only in the intake pipes of reactors.
Organisms may find their way into the entire cooling system and even into the heat exchangers.
Id. at 21654.
In addition, the buildup of fouling organisms or corrosion products on piping walls, although not severe enough to block water flow during normal operation, could be dislodged by seismic activity and ' collect in equipment bearing or seal coolers blocking the cooling water flow.'
Id.
Beco.use it is particularly vulnerable to intrusion by aquatic organisms, the Seabrook plant should be equipped with a maintenance and inspection program adequate to prevent the kind of degradation which current measures obviously do not achieve.
It will be noted that in neither the contention itself nor the basis stated for it does either the word "biofouling" or the pPrase "microbiologically induced corrosion" ("MIc")
appear.
It will also be noted that both in the contention
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e itself (once) and in the stated basis (thrice) the plant systems of concern are described as "cooling systems" or "coolant systems."
Neither in the contention itself nor in the stated basis are the systems of concern described as "circulating water systems."
On December 23, 1987, NECNP attempted to expand the contention, as stated, by the device of serving interrogatories using defined terms "biofouling" and MIC.1 In addition, NECNP proposed certain interrogatories seeking information as to "circulating water systems,"2 a class of water systems larger in number than cooling water systems.
In their response, the Applicants objected to the interrogatories concerning MIC (although they went on to respond anyway to most of them) and also to interrogatories seeking information as to circulating water systems other than cooling systems (as to which other systems no answers were provided).3 i
as a result of the foregoing, NECNP, under date of l
January 15, 1988, has brought "New England Coalition On Nuclear Pollution's Motion to Connel Aunlicantg_to Respond to i
1 NECNP.Second Set of Interrogatories and Request for the Production of Documents to Applicants on NECNP Contention IV (Dec. 23, 1987) at 3, 11 7 and 8.
2 E.Q.
Int. No.
2.t.
3 Applicants' Responses to New England Coalition on Nuclear Pollution's Second Set of Interrogatories and Request for Production of Document to Applicants on NECNP Contention IV.
(Jan. 14, 1988), Dassim.
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NECNP's Second Set of Interrocatories and Recuest for Eroduction of Documents on NECNP Contention IV" ("The Motion").
Herein the Applicants reply to The Motion.
Araument The Motion begins by saying that discovery as to circulating water systems other then cooling systems is relevant because the presence of problems in such systems may indicate that problems would, in the future, occur in cooling water systems even if none, in fact, has occurred to date in the cooling water systems.
NECNP's baseless speculation cannot expand the scope of its admitted contention.
Next NECNP seeks, through a frankly ingenious piece of legerder ain, to get MIC into the case by showing that it is to be viewed as being encompassed within the term "biofouling" and therefore supposedly well within the contention.
Motion at 5-7.
NECNP's ingenuity lies in the fact that the word "biofouling" is, as noted earlier, also ngt in the contention or basis an drafted and thus its scope of definition cannot be used to buttress the argument for MIC being in the contention.
This bootstrap operativn should be rejected.
The law relied upon by NECNP consists of NRC cases making general statements as to the liberality of discovery.
The Motion is strangely bereft of citations to the rules of procedure which confine discovery "to those matters in controversy which have been identified by the commission or.
the presiding officer in the prehearing order entered at the conclusion of (the special) prehearing conference.
10 CF2 5 2.74 0 (a) (1),
i.e.,
the admitted contentions, Allied-General Nuclear Services (Barnwell Fuel Receiving and Storage Station), LBP-77-13, 5 NRC 489, 492 (1977).
And it is settled that an intervenor is, in all respects, bound by the "literal terms" of the admitted contention.
Texas Utilities Electric Co. (Comanche Peak Steam Electric Station), ALAB-868, 25 NRC Slip Op. at 37 n. 83 (June 30, 1987);
Carolina Power & Licht Co. (Shearon Harris Nuclear Power Plant), ALAB-852, 24 NRC 532, 545 and n.
60 (1986); Carolina Power & Licht Co. (Shearon Harris Nuclear Power plant), ALAB-843, 24 NRC 200, 208 (1986); Phila.delchia Electric Co.
(Limerick Generating Station, Units 1 and 2) ALAB-845, 24 NRC 220, 242 (1986); Philadelohia Electric Co. (Limerick Generating Station, Units 1 and 2) ALAB-836, 23 NRC 479, 505 (1986); Philadelo'ala Electric Co. (Limerick Generating Station, Ur'its 1 and 2), ALAB-819, 22 NRC 681, 709 (1905).
l The literal words of NECNP Contention IV do not come close to picking up MIC or circulating water syntenc in general.
Since those are not matters in controversy under 10 CFR S 2.740(a) (1) and Barnwell Fuel Receivina and Storaae Station, suora, discovery requests concerning them are inappropriate.
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4 Conclusion The motion should be denied.
By their attorneys, Thomas G.
Dignan, Jr.
George H.
Lewald Kathryn A. Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 t,
I 0{ [h[0 CERTIFICATE OF SERVICE I,
Thomas G.
Dignan,'Jr., one of the attorneys for the Applicants herein, hereby certify that on Februagg ((giqp8p4]Q4 made service of the within document by mailing copies thereof, postage prepaid to:
OFFICE N SK4 7A,; '
Administrative Judge Sheldon J.
Stephen E. M[ff h Q M Ne 0
Wolfe, Esquire, Chairman Attorney General Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.
Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 205b5 Concord, NH 03301-6397 Judge Emmeth A. Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel 5500 Friendship Boulevard U.S.
Nuclear Regulatory Apartment 1923N Commission
~ Chevy Chase, Maryland 20815 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C.
Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.
Washington, DC 20009 Atomic Safety and Licensing Sherwin E.
Turk, Esquire Board Panel Office of the Executive Legal U.S.
Nuclear Regulatory Director Commission U.S.
Nuclear Regulatory Washington, DC 20555 Commission Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S.
Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J.
P. Nadeau Assistant Attorney General Selectmen's Office Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 w
r Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney 25 Maplewood Avenue General P.O.
Box 360 One Ashburton Place, 19th Flr.
Portsmouth NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J. Humphrey Mr. Angie Machiros U.S.
Senate Chairman of the Washington, DC 20510 Board of Selectmen (Attn:
Tom Burack)
Town of Newbury Newbury, MA 01950 Senator Gordon J.
Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
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Holmes, Esquire Richard A. Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H.
Mizner, Esquire FEMA, Region I Silverglate, Gertner, Baker 442 John W. McCormack Post Fine, Good & Mizner Office and Court House 88 Broad Street Post Of fice Square Boston, MA 02110 Boston, MA 02109 t
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0 Charles P. Graham, Esquire McKay, Murphy and Graham 100 Main Street Amesbury, MA 01913 f P.
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