ML20151S026

Valley Alliance/Tmi Alert Response to Licensee Notification of Typo in Bid Procurement Document.* Explanation for Change in Document Inadequate.W/Svc List

ML20151S026
Person / Time
Site:	Three Mile Island
Issue date:	07/28/1988
From:	Skolnick F SUSQUEHANNA VALLEY ALLIANCE, LANCASTER, PA, THREE MILE ISLAND ALERT
To:	Atomic Safety and Licensing Board Panel
References
CON-#388-6894 OLA, NUDOCS 8808150026
Download: ML20151S026 (5)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IQI[E' "I*8k8'kldN P3 :36 BEFORE THE ATOMIC SAFEIY AND LICENSING BOARD GF K r.

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In the Matter of ) Docket #50-320-0!A GPU Nuclear Corporation (Disposal of Accident

)

('Ihree Mile Island Nuclear Generated Water)

Station, Unit 2) )

SVA/1MIA RESPONSE TO LI_CENSEE'S NOTIFICATION OF T(P0 GRAPHICAL ERROR IN BID PROCUREMENT DOCUMENT In a letter dated July 20th 1988,the Licensee notified the parties in the above captionad matter that a typographical error in the bid procuremnt document relating to the concentration of tritiun in the accident generated water had been made. For the reasons stated below,JI find the explanation for the change in the entry in the bid procurement documnt to be inadecuate.

In light of this,JI will not amend their statements in which the bid procure:mnt doeurent entry was used. 'Ihis issue should be litigated within the Adjudicatory Hearing process due to the issues of fact as set out below.

In JI's Response to Licensee's Motion for Sunmary Disposition (June 20th.1988),

JI used information about the concentration of tritium in the PWST 2 presented in the bid procurarent document (12.4.86)'-Technical Specifications for Processed Water Disposal for GPU Nuclear Corporction 'Ihree Mile Island-Unit 2 hbclear Power Plant",Page 43,(7.3) This decurent had been provided to the parties in this proceeding following the granting by the Administrative Judges of JI's l bbtion to Cmpel Licensee to Present Documents (Served March 30th.1988). The l bbtion to Cmpel was granted on April 6th/1988. On April 13th 1988,the Licensee canplied with this order by supplying the Technical Specifications or bid ,

i procurcTent documents.

8808150026 080729 PDR ADOCK 05000320 '$

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JI used the entry for tritium concentration from this document in two statements:

1) The NRC's asstrnption that the average concentration of radionuclides shown in Table 2.2,Nureg 0683, Supplement #2 is inaccurate. For example,while the average concentration of tritium in the Table 2.2 is 1.3 E-1 Uci/ml,the concentration of trititrn in the storage location,PWST 2 as of 11.07.86. is 2.1 Uci/m12 Technical Specification for Processed Water Disposal 12.4.86. Page 43 (7.3)

(SVA/IMIA Response to Licensee's bbtion for Strrmary Disposition Contention 3,fx Page 13)

2) The evaporation has no effect on the concentration of tritium in the effluent. If the water contains a concentration of 2.1 Uci/ml (Technical Specification for Processed water Disposal P,43(7.3),the Licensee will exceed its permissible continous release rate which is 570 Uci/sec (release liinit of 3 gal / min.

(GPU Proposal 1986 P.41)

(SVA/1MIA Response to Licensee's Motion for Sunmary Disposition Contention 4 #4,Page 18-19)

The Licensee notified the parties to this proceeding that a typographical error had been made in the bid procurement document (Latter served July 20th)

They stated that while the entry in the documnt for tritium stated 2.1 Uci/m! it should have read 2.3 E-1 Uci/ml An affadavit fran Mr K.L.Rarner was included with this letter.

JI find this letter and Mr Harner's affadavit inadequate in explaining why this entry shoald be changed in light of the fact that this error is not a believable "typographical error". The inadequacy of the explanation is heightened by the fact that this error in the bid procuremnt document, issued 12.4.86,was not discovered by any party. to whan the document was made available until JI's use of the infonmrion in June 1988(16 months later).

Fbrthenmre,this issue calls into question the carpetency of the Licensee and their ability to produce credible and accurate masurements and doctnents.

In his affadavit,Mr Harner states, I have detennined.hwever,that the entry is a typographical error (Affadavit K.L.Harner, July 19th 1988)

Page 2

4 The letter does not include either an affadavit from the person who made ,

the typographical error or any supporting documentation which supports the claim that the tritium concentration was 2.3 E-1 Uci/ml and not 2.1Uci/ml '

in the sample analysed.

For the reasons stated above JI does not intend to amend statements previously made and continues to request that for all the reasons set forth above'and in the SVA/IMIA RESPONSE TO LICENSEE'S KTrION FOR SUbt%RY DISPOSITION all of the Contentions should be admitted for adjudication.

Respectfully Suhnitted ,

./#j 3 ntG.O Frances Skolnick 1

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CERTIFICATE OF SERVICE

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'88 AUG 10 P3 :3(

I hereby certify that copies of "SVA/IMIA RESPONSE TO LICENSEE'S i,F M ,,

NOTIFICATION OF TYPOGRAPHICAL ERROR IN BID PROCURD4ENT .virr 4 DOCU h:ve been served this 3 th. day of July 1988 by prepaid first class v.ai.1 to the parties identified on the enclosed Service List.

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

GPU NUCLEAR CORPORATION ) Docket No. 50-320-OLA

) (Disposal of Accident-(Three Mile Island Nuclear ) Generated Water)

Station, Unit 2) )

SERVICE LIST Sheldon J. Wolfe, Esquire Richard P. Mather, Esquire Atomic Safety and Licensing Department of Environmental Board Panel Resources U.S. Nuclear Regulatory Commonwealth of Ps. .tsylvania Commission 505 Executive House Washington, D.C. 20555 Harrisburg, Pennsylvania 17120 Mr. Glenn O. Bright 'Ihomas A.Baxter,Esq.

Atomic Safety and Licensing Shaw,Pittman,Potts & Trwbridge 2300 N. Street,N.W 3

U.S. uc a ulatory Washington,De 20037 Commission Ms. Vera L. Stuchinski Washington, D.C. 20555 315 Peffer Street ,

Harrisburg, Pennsylvania 17102 '

Dr. Oscar H. Paris Atomic Safety and Licensing Dr. William D. Travers Board Panel Director, Three Mile Island l U.S. Nuclear Regulatory Cleanup Project Directorate l Commission P.O. Box 311 Washington, D.C. 20555 Middletown, Pennsylvania 17057 Stephen H. Lewis, Esquire Adjudicatory File Colleen P. Woodhead, Esquire Atomic Safety and Licensing Board l 1

Office of the General Counsel Panel Docket U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 R.Rogan, Director Docketing and Services Branch Licensing and Nuclear Safety Secretary of the Commission IMI 2 Middletown U.S. Nuclear Regulatory Commission Pa.17057 Washington, D.C. 20555 l I

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