ML20215E923

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Summarizes Status of Shearon Harris Proceeding.Contentions Raised on Listed Issues.Aslb Issued Three Partial Initial Decisions & One Concluding Decision.Decisions Appealed & Three Affirmed by Appeal Board.One Decision Pending
ML20215E923
Person / Time
Site: Harris Duke Energy icon.png
Issue date: 12/19/1986
From: Christenbury E
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Parler W
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20215E886 List:
References
FOIA-86-843 NUDOCS 8612230172
Download: ML20215E923 (4)
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MD10EANDUM FOR: William C. Parler General Counsel FROM: Edwcrd S. Christenbury Assistant General Counsel for hearings

SUBJECT:

STATUS OF SIIEARON HARRIS PROCEEDING Set forth below is the current status of the Shearon Harris proceeding to date. In summary, the Licensing Board admitted contentions raising iseues in the following areas:

Drug use Emergency Planning NEPA cost / benefit balance Radiation effects Radiation monitoring L

Steam generators Management qualifications Environmental qualification of electrical equipment l Fire protection and control Welding

! Concrete construction The Licensing Board has issued three partial initial decisions and a concluding or " Final Licensing Board Decision" (April 28, 1986) favorable to Applicants. Each of the four PID's was appealed and, to date, three of them have been affirmed by the Appeal Board. One PID is still pending before the Appeal Board. Issues raised on appeal are set out below.

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IVEMORANDUM FOR: William C. Parler General Counsel FROM: Edward S. Christenbury Assistant General Counsel for Hearings

SUBJECT:

STATUS OF SHEARON HARRIS PROCEEDING Set forth below is the current status of the Shearon Harris proceeding to date. In summary, the Licensing Board admitted contentions raising issues in the following areas:

Drug use Emergency Planning NEPA cost / benefit balance Radiation effects Radiation monitoring Steam generators Management qualifications Environmental qualification of electrical equipment Fire protection and control Welding Concrete construction The Licensing Board has issued three partial initial decisions and a concluding or " Final Licensing Board Decision" (April 28, 1986) favorable to Applicants. Each of the four PID's was appealed and, to date, three of them have been affirmed by the Appeal Board. One PID is still pending before the Appeal Board. Issues raised on appeal are set out below.

8612230172 861219 PDR FOIA MURPHY 86-843 PDR A//

I. PID on Environmental Contentions LBP-85-5, 21 NRC 410 (1985),

affirmed in ALAB-837, 23 NRC 525 (1986). The Commission declined review and ALAB-837 became final agency action on September 12, 1986.

Fnvironmental issues:

a) Health effects of radiological releases b) Effects of radionuclides attaching to fly ash particles c) Effects of Table S-3 coal particulates II. PID on Safety Contentions LB P-85-28, 22 FRC 232 (1985). Appeal pending, oral argument held February 5,1986.

Safety Issues:

a) Management capability h) Thermoluminescent dosimeters c) Environmental qualification of electrical equipment d) Adecuacy of concrete placements in containment building Additionally, summary disposition rulings on appeal include:

a) Radiation dose rate effects on cable insulation b) Radiolodine releases c) Steam generator tubing ,

d) Spent fuel pool shipping cask valves e) Design of reactor vessel water level indicator f) Control room design g) Environmental monitoring III. PID on Emergency Planning a Safety Contentions LEP-85-49, 22 NRC 899 (1985), affirmed in ALAB-843, 24 NRC (August 15, 1986). (The last extension of time for Commission review was to October 31, 1986 by Order 1 dated October 28, 1986. Since the Commission allowed its time for review  !

to expire, ALAB-843 became final agency action.)

Issues:

a) Emergency Planning: Sheltering

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b) Fire Protection c) Pipe hanger welding i

d) Steam generator tube rupture analysis Additionally, a summary disposition ruling appealed concerned the issue of potassium fodine (KI) for emergency workers and institutionalized persons.

IV. Final Licensing Board Decision LB P-86-11, 23 NRC 294 (1986),

affirmed in ALAB-852, . 24 NRC - , (October 31, 1986). Pending Commission review. (Time for review expires December 10, 1986).

Issues:

a) Drug abuse by plant workers b) Emergency Planning: Adequacy of alert system for nighttime 1 notification of the public.

V. Other Matters:

a. Subsequent to issuance of the Final Licensing Board Decision, the Coalition for Alternatives for Shearon Harris (CASH) filed a petition for leave to intervene which was denied by the Appeal Board on July 11, 1986 and the Commission declined to review this Appeal Board Order in a ruling of September 12, 1986.
b. Applicants conducted a full participation exercise on May 17-18, 1985. They did not meet their nrojected schedule for fuel load prior to May, 1986. Since Applicants did not have another full participation exercise planned for 1986, they requested, on March 4,1986, an exemption from the emergency preparedness exercise requirements of App. 5 I IV.F.1 of 10 C.F.R. Part 50. Intervenor Wells Eddlemen, subsequently joined by CASH, requested a hearing on the exemption request. This was denied by the Commission in a Memorandum and Order, CLI-86-24 (December 5,1986).

VI. 2.206 Petitions Two petitions under 10 C.F.R. 92.206 have been filed. The first was filed July 2, 1986 by CASH and Mr. Wells Eddleman. This petition was denied in a Director's Decision, DD-86-13, October 15, 1986. Issues considered in the first petition are as follows:

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a) Emergency Planning

1) Chatham County resolution not to participate in emergency planning;
2) need for a second full-participation exercise;
3) activation of a single siren on June 8,1986
4) challenge to size and configuration of EPZ b) Allegations of Patty Miriello regarding falsification of radiation exposure records c) Allegations of Patty Miriello regarding inservice inspection cf welds d) Need for supplemental EIS to take into account psychological stress An additional 2.206 Petition was filed October 17, 1986 and is currently under consideration by the Staff. No decision has issued to date on this Petition. Issues are as follows:

a) Allegations of QA inspector fired for voicing safety concerns regarding steam generator; Complaint filed with DOL (concern was regarding excessive heat from steam, not radiation) b) Allegations of QA inspector reviewing design documents that were not dispositioned according to nrocedures Edward S. Christenbury Assistant General Counsel for Hearings

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