ML20211M994

Suppls Re Spent Fuel Transfer Amend (51FR37242). ASLB Request for Hearing Constitutes Wasteful Expenditure of Resources by Util & Nrc.Judge Cotter Order,Convening Hearing,Should Be Rescinded

ML20211M994
Person / Time
Site:	Saint Lucie
Issue date:	12/12/1986
From:	Reis H FLORIDA POWER & LIGHT CO., NEWMAN & HOLTZINGER
To:	Zech L NRC COMMISSION (OCM)
References
CON-#486-1901 OLA, NUDOCS 8612180103
Download: ML20211M994 (2)

Text

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Hon. Lando W. Zeck, Chairman U.S. Nuclear Regulatory Commission Washington. D.C. 20555 Re: Florida Power & Light Company l

(St. Lucie Plant Unit )

Docket No. 50-389 - 2 Spent Fuel Transfer Amendment Noticed at 51 Fed. Reg. 37242 (October 20, 1986) j

Dear Mr. Chairman:

This is with further reference to my letter to you of December 8, 1986, regarding the above subject.

, The occasion for that letter was the action taken by Chief Administrative Judge Cotter setting the Commission's adjudicatory machinery in motion on the basis of a patently inadequate, one-sentence letter requesting a hearing.

I expressed the concern that this action would require a wasteful expenditure of resources by our client, Florida Power and Light Company, and the NRC Staff.

Judge Cotter, stating that he could "neither deny j the request [for hearing] nor refuse to constitute a board I to consider it," convened an Atomic Safety and Licensing i Board. That Board subsequently took an action which fully I justifies the concern I first expressed. The only pleadings before the Board are responses filed by FPL and the NRC Staff, both pointing out that the request for a hearing does not meet the Commission's minimum requirements for such a request. Nevertheless, in a letter dated December 1

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.- Hon. Lando W. Zeck, Chairman December 12, 1986 Page Two 9, 1986, and on its own motion, the Board has raised questions of fact and law relating to the license amendment request which is the subject of.this proceeding. A copy of that.

letter is enclosed.

The Board is at pains to state that it "does not at this time raise this matter as an issue pursuant to 10 CFR 2.760a" (the "sua sponte" rule). Yet in raising the questions, the Board plainly indicates the path vhich the proceeding may follow once the Commission's adjucicatory machinery is engaged. Its letter reinforces the concerns I originally expressed as to the wasteful expenditure of resources by the Commission and the applicant if the Commission's adjudicatory machinery is needlessly set in moti'n. o We view this new development with alarm and urge the Commission and its General Counsel to review it also in connection with disposition of the request that Judge Cotter's order convening the Board be rescinded.

Respectfully, ,

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Harold F. Reis enc.

cc (w/ enc.): Commissioner Thomas M. Roberts Commissioner James K. Asselstine Commissioner Frederick M. Bernthal Commissioner Kenneth M. Carr Charles Bechhoefer, Chairman B. Paul Cotter, Jr.,

Chief Administrative Judge Gustave A. Linenberger, Jr.,

Administrative Judge Richard F. Cole, Administrative Judge Victor Stello, Jr., Executive Director for Operations William C. Parler, General Counsel E.S. Christenbury, Asst. Gen. Counsel for Hearings Henry J. McGurren, Esq., Staff Counsel

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JDnile Julian, Secretary John Hoyle, Secretary Mr. John Paskavitch

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[  % NUCLEAR REGULATORY COMMISSION E ATOMIC SAFETY AND LICENSING BOARD PANEL i  %, / wAssiscion.o.c. 20sss f

s December 9,1986 Henry J. McGurren, Esq.

. uc e r latory Commission P N fl0 O P Washington, D.C. 20555 3 DEC 10 986 teven P. Frantz, Esq.

Newman & Holtzinger, P.C. ,_ M E [] O da s 1615 L Street, N.W. Newman & Holtzinger Washington..D.C. 20036 In the Matter of Florida Power & Light Co., et al.

(St.LuciePlant,UnitNo727-Docket No. 50-389-OLA Gentlemen:

The Licensing Board in this operating license amendment proceeding has perceived a potential deficiency in the matters submitted to NRC for the proposed amendment, and we wish to bring this matter to your attention. We note that the Staff's October 1981 Safety Evaluation Report for St. Lucie Plant, Unit 2 (NUREG-0843), includes the following statement ($ 9.1.2, at p. 9-3):

There is r.o sharing of the spent fuel storage facility between St. Lucie Units 1 and 2. Thus, the requirements of General Design Criterion 5, " Sharing of Structures, Systems and Components," which concerns the capability to maintain safe operation of two units when essential systems are shared, are not applicable.

See also 6 9.1.3, at p. 9-4.

General Design Criterion 5 provides as follows:

Criterion 5--Sharing of structures, systems, and components.

Structures, systems, and components important to safety shall not be shared among nuclear power units unless it can be shown that such sharing will not significantly impair their ability j to perform their safety functions, including, in the event of '

an accident in one unit, an orderly shutdown and cooldown of the remaining units.

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t It appears to the Board that this criterion would become applicable to this facility if the proposed amendment were to be approved.

The Board has examined the file copy of the application document, dated July 2,1986, and has not located any analysis of the facility's conformance to GDC-5. Moreover, the Federal Register notice for this

' proceeding makes no reference to Staff evaluation of any such analysis.

The Board believes that such analysis and evaluation might well constitute a legal requirement for the proposed amendment. Moreover, absent such analysis and evaluation, the failure to have demonstrated conformance to GDC-5 might be deemed to constitute "the possibility of a new or different kind of accident from any accident previously evaluated," within the meaning of 10 C.F.R. 5 50.92(c)(2). The Board does not at this time intend to raise this matter as an issue pursuant to 10 C.F.R. 5 2.760a but believes the Staff and Applicants should be informed of our concerns in this regard.

ATOMIC S,AFETY AND LICENSING BOARD AL L & LLs Charles Bechhoefer, C@innan l l

ADMINISTRATIVE JUDGE cc: Service List, St. Lucie, Docket No. 50-389-OLA Rules & Records Branch Division of Rules & Records, Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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