ML20214X267

Memorandum & Order Closing Record in Proceeding.Served on 861209

ML20214X267
Person / Time
Site:	Vogtle
Issue date:	12/08/1986
From:	Linenberger G, Margulies M, Paris O Atomic Safety and Licensing Board Panel
To:
References
CON-#486-1821 84-499-01-OL, 84-499-1-OL, OL, NUDOCS 8612110029
Download: ML20214X267 (4)

Text

, 4

/fLI

. UNITED STATES OF AMERICA Nfy[/gT

~

NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD '86 DEC -9 A10:31 Refore Administrative Judges: crFo - - <

Morton B. Margulies, Chairman 00Ct h' py.e ? g M1.

Gustave A. Linenberger, Jr.

Dr. Oscar H. Paris SERVED DEC -91986

)

In the Matter of ) Docket Nos. 50-424-0L

) 50-425-OL GEORGIA POWER COMPANY, et- al. )

) (ASLBP No. 84-499-01-OL)

(Vogtle Electric Generating Plant, )

Units 1 and 2) )

) December 8, 1986 MEMORANDUM AND ORDER (Closing of Record)

By Memorandum and Order of November 6, 1986, the Board reopened the record of the subject proceeding. It resulted from an inquiry made by the Board of Applicants relating to temperatures involved in the testing of ASCO valves, which are the subject of Contention 10.5. Applicants responded by affidavit of October 28, 1986 which provided newly obtained information on computed post accident temperature values that was site specific to the Vogtle facility. It provided probative information on the precision and uncertainty of the temperature margins that was formulated subsequent to the conclusion of the hearing on March 14, 1986 and the closing of the record on August 5, 1986. The information appeared to the Board to have a significant bearing on the involved safety issue.

I 8612110029 861208

! PDR ADOCK 05000424 PDR j

G 5d L i

[. .

2 The Board concluded the development required the reopening of the record for the limited purpose of permitting the Board to consider the newly provided information along with any other furnished by the parties in support or in opposition to that provided. Intervenor and Staff were given until November 28, 1986 to respond by affidavit detailing their answers . Applicants were permitted to file an optional response by December 5, 1986. The parties were advised that the Board expected to be able to reach a conclusion on the temperature margins involving the ASCO valves on the basis of the submittals.

Howard M. Deutsch submitted an affidavit in behalf of Intervenor Georgians Against Nuclear Energy. As to the matter which was the stbject of the reopening, he offered the opinion that he would "not conclude with great certainty that the valves were fully qualified at 346 F" based upon test results previously furnished by Applicants and Staff. No probative basis for challenging the test reports was furnished. Dr. Deutsch in the affidavit raised the matter of a report of Victor Stello, Jr., Executive Direction of Operation, NRC, made in April 1986, titled " Impacts of Budget Cuts On NRC's Ability To Assure Safety (0verview)" as impacting on the qualifying the ASCO solenoid valves. The report treats with future research and the Commission's ability to refine its regulations. It does not pertain to current standards and the environmental qualification by thermal lag analysis of ASCO solenoid valves at Plant Vogtle. The affidavit discusses additional matters which are not relevant to the issue for which the record was reopened on November 6, 1986.

. . o 3

In an answer supported by affidavit, Staff took the position that it was able on the basis of previously submitted testimony to establish that the valves were environmentally qualified, with adequate temperature margins existing in the qualification testing of the three ASCO valves in question. The Staff neither reviewed nor accepted without review the new information provided by Applicants. It stated that the new information will be reviewed in the future and the results reported in a SER supplement.

In the response affidavit submitted by Applicants, it was stated that the only portion of Dr. Deutsch's affidavit that could be construed as pertaining to the temperature margins in the environmental qualification by thermal lag analysis of the subject ASCO valves was the reference to the Stello report discussed above. Applicants are of the position that the Stello report does not deal with existing regulation but with future research that would provide the basis for revisions to the rules and regulatory guides. Further, it does not pertain to anything that would specifically question the environmental qualification by thermal lag analysis the ASCO solenoid valves at Plant Vogtle.

CONCLUSION The parties have responded to the Board's inquiry. They have expressed their views and there is no genuine issue of material fact as to the methodologies employed to establish the subject values and margins. Applicants and Intervenor differ on the conclusion to be reached. Staff relies on previous methods and does not comment on the

- - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J

, . . s l

4 new test results. The Board has no reason to inquire further as to the positions of the parties. No useful purpose would be served in holding an oral hearing on the matter. The Board therefore finds that the l record should be closed.

ORDER Based upon all the foregoing, it is hereby ordered that the record in this proceeding is closed.

THE ATOMIC SAFETY AND LICENSING BOARD L

Korton B. Margulies,ghairma~n ADMINISTRATIVE LAW JUDGE k w tav'e A. Linenb , Jr.

gADMINISTRATIVEJUGE YC fLV -

Mt i Dr. Oscar H. Paris ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland this 8th day of December,1986.

t

. - - . . _ . ~ ,

,