ML20155C546

Advises That Reracking at Plant Completed,Including Removal of Const Crane & Interunit Spent Fuel Transfer Amend Expired,Per Encl Util Ltr & Util 880509 Appeal of ASLB 880420 Memorandum & Order.W/Certificate of Svc

ML20155C546
Person / Time
Site:	Saint Lucie
Issue date:	06/08/1988
From:	Bauser M FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Moore T, Rosenthal A, Wilber H NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#288-6503 OLA, NUDOCS 8806140243
Download: ML20155C546 (9)

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wC$tP=C STv885 w mo= "to + D c cov* m Thomas S. Moore, Chairman Howard A. Wilber Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Appeal Panel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Alan S. Rosenthal, Chairman Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: In the Matter of Florida Power and Light Company (St. Lucie Plant, Unit No. 1)

Docket No. 50-335-OLA (Spent Fuel Pool Expansion)

Dear Members of the Appeal Board:

The purpose of this letter is to bring to the attention of the Board two matters pertinent to the instant appeal taken on May 9, 1988 from a Licensing Board Memorandum and Order, n dated April 20, 1988. The effect of the Memorandum and Order d g below was to grant a Request for Hearing and Petition for Ogo. Leave to Intervene ("Amended Petition") in an operating license oo mn amendment proceeding, CD O First, as admitted by the Memorandurs and Order, D Contention 2 (orginally Amended Petition Contention 4) reads

$O as follows:

M 5 That the consequences of a cask drop accident l

@$ or an accident similar in nature and effect mac are greatly increased due to the presence l of a large crane to be built inside the i spent fuel building in order to facilitate the reracking.

D$ 03

NEWMAN & HoLTz1NoEO. R C.

Members of the Appeal Boa.d June 8, 1988 Page Two Memorandum and Order, Appendix A, p. 1. In admitting this contention, the Memorandum and Order provided, at page 15, that:

Licensee's response to the contention should also address the potential for cask transfer of Unit 1 fuel to Unit 2 in addressing construction crane accidents.

On May 17, 1.988 Mr. Rosenthal was notified, by copy of a letter to the Licensing Board and in his capacity as Chairman of the Atomic Safety and Licensing Appeal Panel, of the issuance of Amendment No. 30 to Facility Operating License No. NPF-16 for the St. Lucie Plant, Unit No. 2. That amendment provided for the transfer of Unit No. 1 spent fuel from the Unit No. 1 spent fuel pool to the Unit No. 2 spent fuel pool up until the time that the Unit No. 1 pool was reracked.

Enclosed is a copy of a letter from Licensee, Florida Power & Light Company ("FPL") to the Nuclear Regulatory Commission (FPL Letter No. L-88-253). The purpose of the letter is to inform the NRC Staff: (1) that the reracking has been completed (including removal of the temporary construction crane); and (2) that -- as a result -- the provision of the St. Lucie 2 operating licer.se added by Amendment No. 30, providing for transfer of St. Lucie 1 spent fuel to the St. Lucie 2 spent fuel pool, has expired by its own terms. The letter also notes that, during the period the inter-unit transfer portion  !

of the amendment was in effect, no spent fuel was transferred.

The Licensing Board is being informed of the completion l I

of reracking, the removal of the construction crane, the expiration of the inter-unit spent fuel transfer amendment to the Unit No. 2 license, and tne fact that no transfer of spent fuel has occurred, by separate letter. In addition, the Licensing Board is also being sent a copy of this notification.

As for the second matter, the April 20th Memorandum I and Order provided that a ruling on the admission of Amended Petition Contention 5 would be held in abeyance while the petitioner in the proceeding reviewed certain material provided by the NRC Staff. In particular, it stated:

The Board reserves judgment on this Contention penaing Petitioner's review of Staff's independent analysis. Mr. Rich is to advise the Board within 30 days of his receipt of the Staff analysis (and in any event, no later than May 19, 1988) whether he wishes to pursue the Contention.

NzwxAN & Hot.rz Noza, R C.

Members of the Appeal Board June 8, 1988 Page Three l

If he does not wish to pursue it, it will be dismissed. If he does wish to pursue ,

it, it will be ruled on at that time. l Memorandum and Order, pp. 16-17. By Memorandum and Order dated May 31, 1988 (a copy of which is enclosed for your convenience),

Amended Petition Contention S was dismissed, based on petitioner's failure to inform the Licensing Board that he wished to pursue it.

Sin erely,

(.n e t, Mi hael A. Badser cc: Attached Service List

- - _ . - . - - . - . .- . ~ - ..- , - ,. ~ , . .,, ,. . . - . .. - .

O UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD

)

In the Matter of )

)

FLORIDA POWER AND LIGHT COMPANY ) Docket No. 50-335-OLA

)

) (Spent Fuel Pool Expansion)

(St. Lucie Plant, Unit No. 1) )

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of a Letter to the Members of the Appeal Board from Michael A. Bauser, dated June 8, 1988, were served on the following by deposit in the Uni; d States mail, first class, postage prepaid and properly addressed, on the date shown below:

Thomas S. Moore, Chairman Atomic Safety and Licensing Appeal Board Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Alan S. Rosenthal, Chairman Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Howard A. Wilber Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555

l

. i B. Paul Cotter, Jr., Chairman *  !

Atomic Safety and Licensing Board Panel I U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Richard F. Cole

• Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Adjudicatory File Atomic Safety and Licensing Board Panel Docket U.S. Nuclear Regulatory Commission Washington, D.C. 20555 (Two copies)

Secretary U.S. Nuclear Regulatcry Commission Washington, D.C. 20555 Attention: Chief, Docketing and Service Section (Original plus two copies)

Benjamin H. Vogler, Esq.

Office of General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mr. Campbell Rich 4626 S.E. Pilot Avenue Stuart, Florida 34997 Dated this 8th day of June, 1988.

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2, .

n Michael A. Bauser Newman & Holtzinger, P.C.

1615 L Street, N.W.

Washington, D.C. 20036 Telephone: (202) 955-6600 l Counsel for i Florida Power & Light Company

• / These addressees were provided copies of the enclosures to the above-referenced letter separately.

~_

is L-88-253 U. S. Nuclear Regulatory Cormission Attn Document Control Desk Washington, D. C. 20555 Gentlemen Ra: St. Lucie Unit 1 Docket No. 50-335 Spent Fuel Pool Rarack By letter L-87-245, dated June 12, 1987, Florida Power &

Light company (FpL) submitted a proposed license amendment to permit replacement of the St. Lucie Unit i spent fuel pool racks to ensure that sufficient futura capacity exists for storage of spent fuel at that unit. The new, high-density racks were intended to increase the available storage to 1706 spent fuel asssablies and to provide adequate spent fuel storage space until the year 2C09.

By Amendment No. 91, dated March 11, 1988, the NRC issued the license amendment permitting the spent fuel pool rarack.

Shortly thereafter, FPL began construction activities related to this spent fuel pool rarack.

This letter is intended to inform the NRC that the raracking of the St. Lucie Unit 1 spent fuel pool authorized by Amendment No. 91 is now complete. Construction activities inside the spent fuel building are concluded and the temporary construction crane has been removed.

As an adjunct to the above, by letter L-86-250, dated July 2, 1986, FpL submitted a proposed license amendment to permit the transfer of spent fuel assemblies _ (SFAs) from the St.

Lucie Unit i spent fuel pool to the St. Lucie Unit 2 spent fuel pool. This amendment was intended to provide a temporary storage location for St. Lucie Unit 1 SFAs if a full core offload of St. Lucie Unit 1 was required prior to the spent fuel pool raracking described above.

EJWSFpR.L f * , - , .. - . - - . .

s U. S. Nuclear Regulatory coraission L-88-253 Page two The proposed amendment was issaed as Amendment No. 30 to the St. Lucie Unit 2 Operating License, dated May 10, 1988. The amendment included License Condition 2.C(19), repeated below.

(19) Unit No. 1 spent fuel may be transferred from the Unit No. 1 spent fuel pool to the Unit No. 2 spent fuel pool, as necessary, until completion of all activities related to the increase in capacity of the Unit No. 1 spent fuel pool to 1706 spent fuel assemblies. Spent fuel assemblies transferred from the Unit i spent fuel pool to the Unit 2 spent fuel pool may remain in the Un;.t 2 spent fuel pool or be transferred back to the Unit 1 spent fuel pool.

By virtue of this condition and, as a result of the

, completion of the st. Lucie Unit 1 spent fuel pool raracking, FPL is of the view that Amendment No. 30 to the St. Lucie Unit 2 operating license' is no longer operative and that legal authority to transfer SFAs from St. Lucie Unit 1 to St.

Lucie Unit 2 no longer exists. No SFAs were transferred to Unit 2 from Unit 1 during the operable period of this license ce,ndition.

If further inferr.ation is required, please contact us.

Very truly yours, W. . Conwa Senior Vice President - Nuclear WFC/EJW/gp cc: Dr. J. Nelson Grace, Regional Administrator, Region II, USNRC Senior Resident Inspector, USHRC, St. Lucia Plant EJWSFPR.L

muti Usni*r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION g gq ATOMIC SAFETY AND LICENSING BOARD

$&c ;:I:'jyj Before Administrative Judges: 8 A

• E

B. Paul Cotter, Jr., Chairman Glenn O. Bright Dr. Richard F. Cole SERVED JUN 1 - 1968 1

In the Matter of: Docket No. 50-335-OLA '

FLORIDA POWER AND LIGHT COMPANY (ASLBP No. 88-560-01-LA) 1 (St. Lucie Plant, Unit No. 1) May 31, 1988 MEMORANDUM AND ORDER (Dismissing Contention 5)

On April 20, 1988, this Board admitted seven contentions to this proceeding and deferred ruling on the eighth denominated Contention 5.

We stated:

The Board reserves judgment on this Contention pending Petitioner's review of Staff's independent analysis. Mr. Rich is to advise the Board within 30 days of his receipt of the Staff analysis (and in any event, no later than May 19,1988) whether he wishes to pursue the Contention. If he does not wish to pursue it, it will be dismissed. If he does wish to pursue it, it will be ruled on at that time.

Florida Power and Light Co., LBP-88-10A, slip op. at 16-17 (April 20, 1988).

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C.

The Board has received no indication from petitioner that he wishes to pursue Contention 5. Accordingly, it is dismissed.

THE ATOMIC SAFETY AND

" . LICENSING BOARD

5. Paul Cotter, Jf.', Chairman ADMINISTRATIVE JUDGE hh i s /0 Y Glenn1. Bright '

ADMINISTRATIVE JUDGE

/

/; b Dr. Richard F. Cole ADMINISTRATIVE JUDGE May 31, 1988  !

Bethesda, Maryland i l

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