ML20151U028

Motion to Reopen Record for Purpose of Submitting & Litigating Contention Re Applicant & Lack of Demonstration That Seismic Design of Plant Adequate in Light of Local Seismicity.W/Certificate of Svc

ML20151U028
Person / Time
Site:	Perry
Issue date:	02/03/1986
From:	Hiatt S CLEVELAND ELECTRIC ILLUMINATING CO., OHIO CITIZENS FOR RESPONSIBLE ENERGY
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#186-014, CON-#186-14 OL, NUDOCS 8602100442
Download: ML20151U028 (7)

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bOCKETING & $3,Ry;c BRANCH

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. Ut1ITEDESTATES OF ANERICA-e flUCLEAR REGULATORY COHNISSI0tJ

'86 FEB -7 P12 43.

. appeal Board

.serere the Atomic Sorety'one Licenssng

.In-the;Notter or

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BRAEt l

.THE CLEVELAND ELECTRIC

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Docket Nos. 50-440 OL

.ILLUMINATIt4G C0; ET AL.

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~50-441 OL

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E 1 Perry Huclear' Power Plant,-

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NOTION TO RE0PEtt THE RECORD AllD.TO SUBMIT A flEU Cot 4TEt4 TION I. -If'NTRODUCT ION At[11:47-AH on Fridoy, 'Jonuary 31, 1986 on earthquake with.o

.m o g n i t u'd e or 5.0 on the Richter scale struck Northeost Chio.

TheJ epicenter or.the =eorthquake as estimated to be~near T h o m p s'o n,- O h i o - l e s s than 10 miles from the Perry fluelear Power -

Plant.

Because or this event, intervenor Chao Citizens for Responsible Energy (*0CRE')~hereby moves to reopen the record

.for the purposes of submitting ond litigating.the rollowing contention:

'Appliconts have not demonstrated that the seismic design or'the

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Perry lluelear Power Plant is odequate an light of observed local seismicity.

'II.5 BASIS FOR THE CONTENTI0tl Uhs 1'e only preliminary' informotion is available on the

. this tsme, this information strongly indicates

earthquake at

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t ha t,- ot;-o minimum, the F5AR onalysss or sste'oreo seismicity jneeds}to be redone.

The January 31 earthquake clearly shows the conclusions in the FSAR and SER (HUREG-0887) to be erroneous.

'For example,;it'is' concluded that no copoble routes exist in the

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.vscinityoor the plant.

FSAR section 0.5.3.6s SER ot p.

2-21.

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is also sose to be on oreo or low seismicity.

.The(plant site B602100442 860203

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- 'FSARLSection 2, Appendix D, p.

0-94.

Even more disturoing are neus accounts (see Attachment) stating'that.acce1erations from the eorthquoke uere estimated to

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-range From 0.19.9 to 0.25 g.

Perry.is designed to withstand.0, st (sore-shu't'down eorthquake).

FEAR Section 2.5.2.6.

This, along'with the definition or~the operating basis earthquake in 10 CFR 100 Appendix A (on earthquake uhich'could reasonably be

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expectedito'orrect the plant site during the operating lire or the' plant), indicates that.the 55E ond CBE should be more severe

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than presently postulated, and the seismic copobility of sorety-related structures,' systems,'and components at Perry should be upgraded occordingly, 111. STAHDARDS FOR REOPEH1HG THE; RECORD i

'There is o tr.iportste standard for reopening the record: the motion must be timely, it must address o significant issue, and the newly prorrered materiol, had i~ t been considered initially, FAight have causedJo dirrerent result to have been reached.-

Poesfie Gos and Electric (Dioblo'Conyon Nuclear Power Pione, Units 1;ond 2),.ALAB-598, 11 HRC 876-(1980).

OCRE's motion

. meets all of'these stondords.-

The motion is tsmely.

The earthquoke occurred Friday, "Jonuary ~ 31, and this motton as being filed Monday, February 3, 1986.

The motson oiso rosses o significont matter.

The seismic designHor-o nuclear pouer plant is on extremely serious matter,

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and.the occurrence of the earthquoke raises significont doubt about'the adequacy of Perry's seismic design.

Had the Licensing Board been owore of this situation, it is virtually certain thor o dirrerent-result would have been reached.

0CRE has thus met the standards for reopening the record.

IV.-

STANDARDS FOR LATE-FILED CONTENTIONS 10 CFR 0. 714 (o) (1) delineotes the rive roctors which must be bolonced in determining whether to admit a late-Filed contention.

These roctors Weigh in OCRE's rovor.

-Factor (i) concerns good cause for late riling.

As shown above, there is certaznly good cause for riling on this date.

Foctor (ii) concerns the availability or other means for protecting OCRE's anterests.

OCRE knows or no other meoningful ways or protecting its interests.

While it is certainly possible to rile o peettion under 10 CFR 2.206 requesting that a proceeding be' initiated to hear this matter, practical experience With these petitions illustrates that the overwhelming majority of them are denied.

Thus, this is not a me'oningrul optson.

Factor (iii) concerns the extent to which OCRE's participation will assist in developing a sound record.

The record of the operating license proceeding demonstrates that OCRE is very capable or making a signiricant contribution to the record by cross-examination and prorrering documentory evidence.

In addition, OCRE is actively seeking Seismologists to serve

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ios expert.. witnesses.

The roct that this earthquake is being studied: extensively ~ by numerous scientists increases-the-1'i k elihood ' t ha t... 0CRE ' willi b e abl e to utilize.their work and rindings ror presentation-ot the hearing.

.Foctor-(iv)l concerns the-. extent'to which other parties will

-represent'OCRE*s-interests.

OCRE is not owore-or any'other party.-willing or oble_to represent OCRE's interests.

As hos meen. mode omply.opporent in thzs proceeding. A?plicones:and 1 5torrzuillinor act in.0CRE's interests.

Foctor (v) ~ concerns the extent to which the. Proceeding will cf be delayed.or the issues broodened.

The admission or this

- contention.will un'doubtedly,cause some deloy and broodening or

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. t h e' Li s s u e s. 'However. these consequences pole in; comparison to (f.,

the-signiriconce or-the. issue; compare Vermone vonkee Nuclear

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Power' Corporation'.(Vermont Yankee Nuclear Power Storion). ALAB-12'4. ' 6'AEC'358 '365 (1973). (delay in the-issuance.or'on-

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ioperating license is proper when serious sorety problems have' C

been ' uncovered).

Thus, the factors on the whole weigh in the interest or

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admitting'the contention.

OCRE proys that the Appeal-Board is so. moved.

Respectfully submitted.

,f..,

Suson L.

Hiatt OCM haprne54 IIrNn".8ao.d monnor, on <<oso

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NqHClear Earthquake Epicenter A

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. - ].,.,]n \\ ; 4y g-,W Y,* M,,P.e About 1.500 workers were

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evacuated from the Perry

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when an earthquake prompted l

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the plant operator to declare a j p g," %

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"'J~l-site area 7 precautionary emergency, the second-highest '

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mis sion emergenev s COUNTY

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n Tne quake involved ground q ;p e;;, n a ' _' m [

classifications

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.J 2.:MQ acceleration.that apparently

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surpassed the limit the SGA billion Perry plantis designed to k/W 1[..

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withstand, said Sam W. Swan,

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senior engineer with the San Swan said, but various sources, the CIeveIand E1eetric said he could not confirm or Francisco-based Earthquake Engineers Inc. The earthquake including the plant. operator, Uluminating Co.,

the plant deny the reports.

"The point is the plant isn't may have significant influence estimated the quake to generate operator, said the quake caused operating," King said. "If there no damage to major piani on NRC design regulations, he are problems, the NRC wants to said.

anywhere between.19 g and.25 systems. CEI crews were A "g" is a measure of ground continuing to ' inspect for know about them, and we i

j The quake marked one of the g-to know about them now."

"very few". instances a modern acceleration in relation to damage, he said.

NRC spokesman Russ I

Regar. ling the report of high Alarabito, of the commission's nuclear power plant was sub.

gravity during an earthquake, ground acceleration, King said.

jected to a tremor near thelevel Swan said. That measure has no find regional office in suburban t "We've been trying to it was designed to withstand, he relation totheRichter scale.

William King, spokesman for someone to check this out." He SeeNUCLEAR,Page 3 e

said. The Perry plant is designed to withstand.15 g.

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-, ~ >l blCfCRl' 2,000 of the plant's 4,000 cm-ranging fromr.0ag hLd5g Mejst Swan said he heard figures

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l Chicago, said a five-member ployees were sent home after nuc! car.planN (Octhp.ga tern l

NitC teamisbeingdispatchedto the quake. Most of the em-United States,haga, g3 otsisig, f h

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the Perry plant to examine the p!oyees evacuated were con-ranging,fror,p,, ;

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>j situation. lie said CEI reported struction andof fice workers, depending pn and i

aid l significant damages Second shift employees were carthquake pto no added that leaking pipes in non-to report to work as usual after In comparison,. l, Dialjlp

%o@d safety systems could not be the ecmplete downgrade.

Canyon nuclear.pla g ear-M(i No danger of radioactive Californiv i s i

considered significant.

thquake-prone When asked about the ground-release existed since the nuclear designed to withstanti.'.gG lg, iG acceleration issue, Marabito plant was not operating, Swan said.

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acknowledged hearing a figure Coleman said.

The quake originating! noar I

similar to.19 g, but he said, "I Plant operators were alerted sen-i Perry comes at a "very have no idea what that incans.

to the quake by sensors in the sitive" time, he said, refprrmg I t

The five-member NilC will control room that measured the e 1 by if the quake was tremor at.25 g, according to to pending licensing. 'Th,d e-determine will be how high grout}

within or outside the design Coleman. "On a design basis,,25 celeration is determined o (ge, j h

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Marabito said he does not gis significantin thatit required he said.

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basis, he said.

us to declare a site area Swan said he anticipates the

,t W know what effect the quake will emergency," he said.

issue with be " studied to death."

have on licensing at the Perry Coleman said CEI walkdown It could result in " chaos" in.

in plant, which is awaiting its teams dbcovered three leaks, terms of new regulatory design {

Itegional all of them in non safety as operating license.

requirements,he said.

j NitC officials and CEl personnel

,i were scheduled to meet Tuesday systerns. No injuries were 4M licensing and reported.

,4 to discuss Ohio's other nuclear 74 l.

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fuelloading.

generating faellity, Dads-Besse y %.

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The earthquake, which was near Port Clinton, also off line, ZC, d J centereti near the Lake-Geauga took no emergency actions other 9

county horder, measured 5 on than contacting the county, state -

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q the 1(ichter deale.

and NltC as required, said W !%X '

The utlhty, however, declared Itachard Kelly, a spokesman for

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precautionary Davis llesse operator Toledo d [noft M @4 <

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omergency hmnediately after Edison. The tremor at Davis-Jfi i.

@g the tremor, which occurred at snich had about 740 I!

db cp

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47 a.m. The classification workers on site, was not strong l3 ~ h$,O j 'iN :*

was lowered to a precautionary enough to trigger the plant's W fj.

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alert a short time later, and the seismic alarms, he sald.

• Q :kM[e plant returned to normal status N'

Swan said Earthquake

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9 at 2:25 p.m.

Engineers Inc.13 involved with th:dh' Y

Marabito sahl the NitC was utility companies 3:

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electric

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around the United States. Most,y;324 i..,1A"'<f informed of the quake im-

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mediately and set up a three-electric generating plants, way phone hookup with Perry, especially nuclear plants, are jMP

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and its mahl headquarters in withstand most earthquakes, l g y (/l 'T' l (p), fy tl, [ i, liethesda, Md. Since it does not even those slightly exceeding have a license, the utility was their limit to withstand a g 3[M ? :'

not required to declare any tremor, he said.

t emergency status,he said.

l# actors, such as the height of t.:f i d.( - Q., a Declaring a site area acceleration measuring devices, g

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emergency and then an alert could lead to deceivingly high J. f 4

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seems to show the conservallve " amplified acceleration," he 3 sai1. Ilowever, he said, "What p%

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I'm hearing is you had a operator, he sahl.

l' CEt technical spokesman llih Coleman said between 1,W to signilwaol quake."

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CERTIFICATE OF SERVICE Thts is t o. c c. r t i f y thoe copias of cha foregoing were. served by R7Id3~

pasbase prePold,b hp5 ]

t cepos2t.in the.U.5. floil. first closa, T

__1 0$i._ day of ECfu. __, 1986 to the Service List.

C_ Igg Ag';R '

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Susan L.'Hiatt SERVICE' LIST COLLEEN P. WOODHEAD, E50 JAt1ES P. GLEA5ON, CitAIRHAN OFFICE OF THE^ EXECUTIVE: LEGAL 02 ATOHIC SAFETY & LICENSING BOARD RECTOR 513-GILHOURE DR.

U.S.

NUCLEAR REGULATORY COnH.

SILUER SPRING, HD 20901 WASHINGTON, D.C. 20555 DR. JERRY R. KLINE DOCKETING & SERUICE SECTION ATOttIC SAFETY & LICENSING BOARD OFFICE OF THE SECRETARY U.S.

NUCLEAR. REGULATORY COttt1.

U.S.

NUCLEAR REGULATORY COnH.

[

.UR5HINGTON, D.C.

20555 WASHINGTON, D.C.

20555 TERRY J.

LODGE, ESO.

bit 5F I ENSING UOARD 618 N.

NICHIGAN ST.

U.S.

NUCLEAR REGULATORY COnd.

tJA5tfINGTON,

D.C.

20555 L

0 H 43624 Ali Att 5.

RO5ENTi1RL', C H A '. R n n ti ATONIC SRFETY & LICENSING APPEAL-DONALD J.

EZZONE, ESO A55'T PROSECUTING ATTY 60ARO LAKE CO. ADMINISTRATION CENTER U.S.

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UA5tfIt4GTON,

D.C. 2055S PAINESUILLE, OH 44077 09.

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-ATANIC SAFETY L LICEt45ING siPPCAL PROSECUTING ATTY ODARD.

ASHTABULA CO. COURTHOUSE ts.5. tauCLEAR REGULATORY COnti.

JEFFERSON, OH 44047 U A5t tINGTON,

D.C. 20555

-ha.'NOUARD A.

DILBER ATONIC 5AFETY A LICEr45ING APPEAL BOARD u.5.

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