ML20155B164

Response to Motion by Naesco to Withdraw Applications & to Terminate Proceedings.* If Commission Undertakes to Promptly Proceed on Issue on Generic Basis,Sapl & Necnp Will Have No Objection to Naesco Motion.With Certificate of Svc

ML20155B164
Person / Time
Site:	Seabrook
Issue date:	10/26/1998
From:	Backus R BACKUS, MEYER & SOLOMON, NEW ENGLAND COALITION ON NUCLEAR POLLUTION, SEACOAST ANTI-POLLUTION LEAGUE
To:	NRC COMMISSION (OCM)
Shared Package
ML20155B129	List: ML20155B125 ML20155B164
References
98-746-05-LA, 98-746-5-LA, LA, LA-2, NUDOCS 9810300076
Download: ML20155B164 (6)

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y 00CnETED UNITED STATES OF AMERICA BEFORE THE NUCLEAR REGULATORY COMMISSION

'98 OCT 2B P3 :25 c:

BEFORE THE COMMISSION m ads .

In the Matter of )

)

North Atlantic Energy ) Docket No. 50-443- L A Service Corporation )

) ASLBP No. 98-746-05-LA Seabrook Station, Unit No.1 )

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Rockingham County, New Hampshire )

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RESPONSE TO MOTION BY NAESCO TO WITHDRAW APPLICATIONS AND TO TERMINATE PROCEEDING By a pleading dated October 15,1998, North Atlantic Energy Services Corporation

("NAESCO") has moved that the Commission terminate this proceeding arising out of License Amendment Request ("LAR") 98-03. The LAR was the second "in a planned series oflicense amendment requests which propose changes to the Seabrook Technical Specifications to accommodate fuel cycles of up to 24 months" according to the cover letter from Mr. Ted C.

Feigenbaum.

To date, four in the planned series of five requests, have been submitted to staff, and published in the Federal Register. Each is described as consistent with LAR 98-03 in that it would " accommodate fuel cycles of up to 24 months" by extending surveillance intervals for I

- 9810300076 981026 PDR ADOCK 05000443 G PDR l, _

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l vanous structures, components or systems.

This proceeding arose out of a request for a hearing submitted jointly by the Seacoast

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l Anti-Pollution League ("S APL") and the New England Coalition on Nuclear Pollution l

("NECNP"). Both organizations requested the institution.of a proceeding pursuant to Section 189 of the Atomic Energy Act and the Commission's regulations. S APL and NECNP sought a hearing because of three major concerns: First, that extending the surveillances of components  !

such as the steam generator tubing (the subject of LAR 98-03) would result in a reduction in the l margin of safety; Second, that moving to a 24 month fuel cycle, and increasing the potential length of the operational run at Seabrook by 33%, would constitute a reduction in the margin of safety by placing increased stress on the fuel and its cladding; Third, that the NAESCO approach l

of making a major change in the operational regime for Seabrook in a " series of planned requests" amounted to the segmentation of the proposed change in a manner which would, whether by design or not, preclude effective overall review of the proposed change by the Commission.

The withdrawal of the four applications, coupled with the commitment not to submit the fifth and allegedly final application, would indeed appear to moot the need for any further I

proceeding before the Commission as provided for in its Order of September 17,1998, CLI 18, as to the first and second concerns of SAPL and NECNP.

l The withdrawal of the applications does not, however, eliminate the concern about l submitting license amendment requests in a " segmented" fashion which can defeat comprehensive 1

safety review and analysis by the Commission. This is particularly true when, as here, the withdrawal is sought "without prejudice," meaning that NAESCO is free to renew its requests at

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1 In addition, S APL and NECNP submit that the issue of" segmentation" of requests to amend technical specifications is an issue that not only may be ofimportance for Seabrook in the i 1

future, but for the entire industry. It is also an issue on which the Commission has not to date l l

provided any policy guidance. As the Commission stated in CLI-98-18:"The segmentation issue is novel and has broad implications for this and other proceedings."

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Given the " broad implications" of the issue, SAPL and NECP oppose the mooting of this l proceeding, unless the Commission provides another forum for the development of policy guidance on how licensees should present requests to amend technical specifications so as to l assure the Commission can review related changes to assure al.I safety issues are properly resolved in favor of the public health and safety.

Should the Commission decide to address this issue on a generic basis, apart from the particular LAR's involved in this proceeding, by means of a generic policy statement, then SAPL and NECNP would respectfully request that the Commission provide means for public input at least equivalent to that for rulemaking proceedings pursuant to 10 CFR 2.800 et seg. (Subpart H).

The touchstone for Commission action on this issue, we submit, must be to assure that Commission oversight of operational changes does not fail to account for all relevant safety issues I

I as a result of a licensee's decision to segment a change into discrete and separate requests when those requests should be combined in order to assess the overall safety significance of the proposed change.

If the Commission undertakes to promptly proceed on this issue on a generic basis, and l

provides a substantial opportunity for public participation, concerning its proceedings on this 3

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issue, SAPL and NECNP will have no objection to the NAESCO motion to terminate the l

proceeding. j l i l I I

Respectfully submitted, 1

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Seacoast Anti-Pollution League, l New England Coalition on Nuclear Pollution j By Their Attorneys Joshua Gordon and Backus, Meyer, Solomon, Rood & Branch l

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DATED: October 26,1998 BY: /b g& W '-

R;olicit M Backus 116 Lowell Street, P. O. Box 516 i

Manchester, NH 03105 (603) 668-7272 1

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, 00CrETED US M

! UNITED STATES OF AMERICA

'98 Oct 28 P3 :21 4 BEFORE THE NUCLEAR REGULATORY COMMISSION I 1

BEFORE THE COMMISSION Oi Ho l l

l ADe  :

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In the Matter of )

)

North Atlantic Energy )

Service Corporation )

) Docket No. 50-443 Seabrook Station, Unit No. 1 )

) ASL.BP No. 98-746-05-LA Rockingham County, New Hampshire )

)

CERTIFICATE OF SERVICE I hereby certify that copies the Response to Motion by NAESCO to Withdraw Applications and to Terminate Proceeding in the above captioned proceeding have been served on the following by deposit in the United States Mail, first class, this 26* day of October,1998

Chairman Shirley Ann Jackson B. Paul Cotter, Jr., Chairman L U. S. Nuclear Regulatory Commission Atomic Safety and Licensing Board r One White Flint North U. S. Nuclear Regulatory Commissoin 11555 Rockville Pike Two White Flint North Rockville, Maryland 20852 11545 Rockville Pike Rockville, Maryland 20852 Commissioner Nils J. Diaz Dr. Charles N. Kelber U. S. Nuclear Regulatory Commission Administrative Judge One White Flint North Atomic Safeety and Licensing Board 11555 Rockville Pike U. S. Nuclear Regulatory Commission Rockville, Maryland 20852 Two White Flint North l 11545 Rockville Pike l

Rockville, Maryland 20842 l

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4 Commissioner Edward McGamgan, Jr. Omce of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission One White Flint North One White Flint North 11555 Rockville Pike 11555 Rockville Pike Rockville, Maryland 20852 Rockville, b1D 20852 Attn: Dock: ting and Service Station (Original ^ two copies)

Linda W. Little 5000 Hermitage D ive Adjudicatory File Raleigh, NC 27611 Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Steven R. Hom, Esq Washington, D.C 20555 Omce of the Genera Counsel U. S. Nuclear Regulatory Commission David Repka One White Flint North Winston & Strawn i1555 Rockville Pike 1400 L Street N.W.

Rockville, Maryland 20852 Washington, D.C. 20005 Omce of Commission Appellate Adjudication U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, Maryland 20852 4r

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BY:

-' ' Robert A.. Backus Backus, Meyer, Solomon, Rood & Branch Counsel for SAPL and NECNP i

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