ML20151G573
| ML20151G573 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/19/1988 |
| From: | Dignan T PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#388-6780 ALAB-886, OL-1, NUDOCS 8807290018 | |
| Download: ML20151G573 (7) | |
Text
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,.0 DC0KETF" JttlW%F, 1988 UNITED STATES OF AMERICA T8 JU. 22 R2:25 NUCLEAR REGULATORY COMMISSION OFFICE :
4.
before the 00CM W.
in f.
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ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY
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Docket Nos. 50-443-OL-1 OF N8W HAMPSHIRE, EI AL.
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50-444-OL-1
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(Seabrook Station, Units 1
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(Onsite Emergency and 2)
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Planning and Safety
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Issues)
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APPLICANTS' RESPONSE TO NEW ENGLAND COALITION ON NUCLEAR POLLUTION'S MOTION FOR CLARIFICATION OR RECONSIDERATION OF THE BOARD'S ORDER OF JUNE 23, 1988 Under date of July 13, 1988, New England Coalition on Nuclear Pollution (NECNP) has filed a Motion for Clarification or reconsideration of the Board's Order of June 23, 1988 (the Motion).
The thrust of the Motion is that in the face of the Appeal Board's explicit rejection of a prior attempt to do so,1 NECNP should be allowed, within the ambit of the currently scheduled "RG-58 Cable" hearings, to litigate the environmental qualification of "RG-59 Cable."
For the reasons set forth below, Applicants say that the Motion should be denied.
1Public Service Company of New Hamoshire (Seabrook Station, Units 1 and 2), ALAB-886, __ NRC (Feb. 22, 1988).
8807290018 880719 A
PDR ADOCK 05000443
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G PDR 30
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ARGUMENT The theovv of the Motion is that NECNP, inasmuch as it nas won the rich'.. to litigate whether RG-59 is a technically 3
appropriate substitute for RG-58 cable, should be allowed to now litigate the environmental qualification of RG-59.
The argument being made, as we understand it, is that generic qualification is not enough; rather, each particular application of every electrical component must be lookec at and the equipment separately qualified for that particular s
application.
In this context, the argument is, in essence, that RG-59 must be qualified with respect to each particular cable tray it is used in.
The legal authority cited for this proposition is the following statement of the Appeal Board in ALAB-891:
"Stated otherwise before a nuclear facility uses for a particular purpose a component subject to the environmental qualification requirements, it inust be demonstrated that the component meets those requirements when; ao e') ployed. "2 The portion of the above quoted lanerage set forth above with emphasis was replaced by ellipses in the Motion.3 It is significant, because it refers the reader back to the context in which the statement was being made.
As seen from a review 2Public Service Comoany of New Hampshire (Seabrook Station, Units 1 and 2), ALAB-891, __ NRC Slip Op. at 25 (April 25, 1988).
(Emphasis added).
3 Motion at 3.
2 J
7 a
of ALAB-891, the context was a comment by;the Appeal Board as to.what the parties may "wish to take into account" in addressing what the Appeal Board referred.to as'the "first question."4 This in turn refers back to the following a
language of the decision:
"In the present posture of the matter, two questionr. are crucial to the examination an remand.
First, does the RG58 cable M e an accident mitiaatio_D function in its intended use as cart of the facility's computer system?
- Spcond, if the RG'i8 cable has no such function, does it fall.ow that the RG59 cable high-potential test results establish that the cable ie, environmentally qualified so long at it is used exclusively for data transmission in the computer system?"5 In short the Appeal Board's reference to "uses for a particular purpose" in the part of the decision relied upon by NECNP was a reference ro the difference between the use for accident mitigation and the use only in such fashion as required that the component be demonstrated not to be capable of remaining intact in a harsh environment, (thus precluding it from interfering with the functioning of an accident mitigating component).
The Appeal Board was not stating that a new application of a component already environmentally qualified on a generic basis opened the door to exploration of its environmental qualification anew.
Prescinding from the foregoing, a review of the Motion 4ALAB-891 at 24.
SALAB-891 at 23-24 (emphasis supplied).
3
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'h will reveal that what NECNP intends to do is challenge the environmental qualification of RG59 Cable generically.
Its complaints s)out its qualification are not tied in any way in-the Motion to particular uses.
In short, nothing has been filed which in any way vitiates the Appeal Board's view set wforth in ALAB-886, that NECNP has passed its chance to litigate, in this operating license proceeding, the issue of whether RG-59 cable is environmentally qualified for use in a harsh environment and should be remitted to the remedies afforded under 10 CFR S 2.206 at geg.
Respectfully submitted, napf Thoinas'Gy Dfgnan, Jr.
George H.
Lewald Kathryn A.
Selleck Ropes & Gray 225 Franklin Street Boston, MA 02110 (617) 423-6100 Counsel for ADolicants 4
e DCLdEiED UWRC CERTIFICATE OF SERVICE I,
Thomas G.
Dignan, Jr., one of the attorneys for khebb 0
Applicants herein, hereby certify that on July 19, 1988, I made service of the within document by depositing copiessig j iM W thereof with Federal Express, prepaid, for delivery to f(ErEijiM"NC[:,'
A E dVICI-where indicated, by depositing in the United States mail, m
first class postage paid, addressed to) the individuals listed below.
Administrative Judge Sheldon J.
Robert Carrigg, Chairman Wolfe, Esq., Chairman, Atomic Board of Selectmen Safety and Licensing Board Panel Town Office U.S.
Nuclear Regulatory Atlantic Avenue Commission North Hampton, NH 03862 East West Towers Building 4350 East West Highway Bethesda, MD 20814 Administrative Judge Emmeth A.
Diane Curran, Esquire Luebke Andrea C.
Ferster, Esquire 4515 Willard Avenue Harmon & Weiss Chevy Chase, MD 20815 Suite 430 2001 S Street, N.W.
Washington, DC 20009 Dr. Jerry Harbour Stephen E.
Merrill Atomic Safety and Licensing Attorney General Board Panel George Dana Bisbee U.S.
Nuclear Regulatory Assistant Attorney General Commission Office of the Attorney General East West Towers Building 25 Capitol Street 4350 East West Highway Concord, NH 03301-6397 Bethesda, MD 20814 Adjudicatory File Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of General Counsel Board Panel Docket (2 copies)
U.S.
Nuclear Regulatory U.S. Nucl. ear Regulatory Commission Commiscion One White Flint North, 15th F1.
East West Towers Building 11555 Rockville Pike 4350 East West Highway Rockville, MD 20852 Bethesda, MD 20814
- 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
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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 Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines & McEachern Department of the Attorney General 25 Maplewood Avenue One Ashburton Place, 19th Floor P.O.
Box 360 Boston, }m 02108 Portsmouth, NH 03801 Mrs. Sandra Gavutis Mr. Calvin A.
Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Route 107 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801
- Senator Gordon J. Humphrey R.
Scott Hill-Whilton, Esquire U.S. Senate Lagoulis, Clark, Hill-Whilton &
Washington, DC 20510 McQuire (Attn:
Tom Burack) 79 State Street Newburyport, MA 01950
- Senator Gordon J.
Humphrey Mr. Peter J.
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 03C33 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A.
Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301
-2
's 9
Mr. Ed Thomas
-Judith H. Mizner, Esquire FEMA, Region I 79 State Street.
442 John W. McCormack Post Second Floor Office and Court House Newburyport, MA 01950 Post Office Square Boston, MA 02109 Charles P. Graham, Esquire Murphy and Graham 33 Low Street Newburyport, MA 01950 Thom2s G. M gnan, Jr.
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