ML20236R915
| ML20236R915 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/17/1987 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| CON-#487-4884 OL-1, NUDOCS 8711240101 | |
| Download: ML20236R915 (9) | |
Text
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UNITED STATES OF AMERICA 1
NUCLEAR REGULATORY COMMISSION i;7 G/19 P3 58 BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD. - - m ov.;,s'.
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In the Matter of
)
)
Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 NEW HAMPSHIRE, et al.
)
On-site Emergency Planning
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and Safety Issues (Seabrook Station, Units 1 and ?
)
i l
I I
I NRC STAFF MOTION FOR EXTENSION OF l
TIME TO RESPOND TO APPEAL BOARD ORDER OF NOVEMBER 6,1987 REGARDING RC-58 COAXIAL CABLES l
1 I
l Gregory Alan Berry Counsel for NRC Staff l
November 17, 1987 lDR711240103 871317 ADOCK 05000443
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFOR'E'THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
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Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01.
NEW HAMPSHIRE, et al.
)
On-site Emergency Planning -
~~
)
and Safety issues (Seabrook Station, Units 1 and 1
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NRC STAFF MOTION FOR EXTENSION OF TIME TO RESPOND TO APPEAL BOARD ORDER OF NOVEMBER 6,1987 REGARDING RC-58 COAXIAL CABLES l
Gregory Alan Berry Counsel for NRC Staff November 17, 1987 l
l L-
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 NEW HAMPSHIRE, et al.
)
On-site Emergency Planning
)
and Safety Issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF MOTION FOR EXTENSION OF TIME TO RESPOND TO APPEAL BOARD ORDER OF NOVEMBER 6,1987 REGARDING RG-58 COAXI AL CABLES INTRODUCTION l
On November 6, 1987, the Appeal Board issued an order directing the NRC Staff and the Applicants to respond to the memoranda submitted by the Licensing Board and the New England Coalition on Nuclear Pollution (NECNP) with regard to th's environmental qualification of RG-58 coaxial cable.
These responses currently are scheduled to be filed by November 20, 1987.
For the reasons set forth below, the Staff requests an extension of time until December 11, 1987 to file its response.
The undersigned has discussed the Instant request with counsel for NECNP and Applicants and is authorized to state that neither party objects to the Staff's request.1I 1/
During a discussion of this matter with Applicants counsel Thomas
~
Dignan, the undersigned was asked to note in this motion that Applicants desired a brief extension until November 25, 1987 to file
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their response to the memoranda submitted by the Licensing Board I
and NECNP.
The Staff, of course, has no objection to Applicants' request.
I 1
BACKGROUND On October 1,1987, the Appeal Board issued ALAB-875, its decision on the appeals taken from the Licensing Board's concluding partial initial decision in the onsite emergency planning and safety issues phase of this j
i proceeding.
In ALAB-875, the Appeal Board agreed with NECNP that j
"there is no apparent basis for the Licensing Board's conclusion that the environmental qualification of the RG58 cable was ' adequately documented' in the applicants' EQF [ environmental qualification file]." A LAB-875, s!!p op. at 38-39 (footnote omitted).
Consequently, the Appeal Board remanded the matter to the Licensing Board and instructed it either to i
identify the portions of the record which show that the dimensional i
i differences between the RG59 and RG58 cables were of such little importance that the test results for the RG59 cable could serve to qualify the untested RG58 cable or to reopen the record for a further exploration of the question whether the RG59 cable test results can serve as the foundation for the environmental qualification of the RG58 cable.
,l d,
at 39.
On October 16, 1987, the Licensing Board issued a " Memorandum to the Appeal Board" in which it stated its reasons for concluding that "the pertinent EQF shows that the dimensional differences between the RG58 and the RG59 cables are of such little importance that the test results for the RG59 cable can serve to qualify the untested RG58 cable."
Id. at 4.
On October 20, the Appeal Board offered NECNP the opportunity to respond by November 4,1987 to the Licensing Board's memorandum and, in the event NECNP availed itself of the opportunity, directed the Staff w
l and Appilcants to file responses by November 20, 1987.. October 20, 1987 Order at 1-2 (unpublished).
NECNP responded to the Licensing Board's memorandum on 1
November 4, 1987.
Two days later,.the Appeal Board issued an order directing. the Staff and the Applicants to address in their responses each of the points made by NECNP.
November 6,
1987 Order at 1 1
(unpublished).
In addition, the Appeal Board directed the Staff and the Applicants to: (I) " discuss whether, in view of the specification that l
coaxial cable must pass an 'AC Voltage' test at 5000 volts, the Licensing Board erroneously relied upon the value of 80 volts per mil of insulation";
sno (ii) " set forth the mathematical expression describing the relationship l
of insulation resistance to cable length."
,ld,. at 1-2 (footnotes omitted).
l DISCUSSION The Staff has gocJ cause for its inability to file the response i
required by the Appeal Board by November 20, 1987.
Harold Walker is l
l the Staff member who has been assigned responsibility for assisting Staff counsel in the preparation of the required response.
Mr. Walker, one of l
l the Staff's experts in the area of environmental qualification, appeared as 1
i a witness for the Staff during the litigation of NECNP's environmental 1
l qualification contention, see Walker Test., ff. Tr. 494, and thus is the Staff member most familiar with Applicants' environmental qualification program.
Mr. Walker,
- however, is,
and will be until at lea st '
November 20, 1987, occupied with an ongoing inspection at the Farley facility.
Hence, Mr. Walker has been unable to devote the time and l
attention required to respond to the detailed memoranda submitted by the l
b
Licensing Board and NECNP.
Unlike the Seabrook Station, the Farley facility is an operating reactor and thus has a greater potential. affect on the public health and safety.
For this reason, the ongoing inspection of the Farley facility must take precedence over the Seabrook Station in the allocation of Mr. Walker's time and attention.
Staff counsel has been informed by the Staff that a summary review of the memoranda submitted by the Licensing Board and NECNP indicates that it will take approximately two and one-half weeks to prepare a comprehensive response to them.
Because of the pressing demands on the time of Mr. Walker and other individuals involved, this effort can commence no sooner than November 23, 1987.
Accordingly, the Staff requests that the Appeal Board grant its motion for an extension of time until December 11, 1987 to file the response required by the Appeal Board.
CONCLUSION For the reasons stated herein, the Appeal Board should grant the Staff's motion for an extension of time until December 11, 1987 to respond to the memoranda regarding the environmental qualification of RG-58 coaxial cable submitted by the Licensing Board and NECNP.
Respectfully submitted, L
As Gregor' Alal EIerry e
Counsel for dRC Staff Dated at Bethesda, Maryland this 17th day of November 1987
DOCKETED USNRC UNITED STATES OF AMERICA l
,87 NO719 P3 :49 NUCLEAR REGULATORY COMMISSION OFrlCi 0; mR tan f BEFORE THE ATOMIC _ SAFETY AND LICENSING APPEADCBOARDy"VICf.
I In the Matter of
)
)
Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF
)
50-444 OL-01 NEW HAMPSHIRE, et al.
)
On-site Emergency Planning
)
~-
)
and Safety issues
. (Seabrook Station, Units 1 and 2)
)
l l
CERTIFICATE OF SERVICE l
i hereby certify that copies of "NRC STAFF MOTION FOR EXTENSION OF TIME TO RESPOND TO APPEAL BOARD ORDER OF NOVEMBER 6,1987 REGARDING RG-58 COAXIAL CABLES" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commissien's internal mail r.ystem, this 17th day of November 1987.
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Alan S. Rosenthal, Esq., Chairman
- Dr. Emmeth A. Luebke Administrative Judge Administrative Judge Atomic Safety and Licensing Appeal 5500 Friendship Boulevard Board Apartment 1923N U.S. Nuclear Regulatory Commission Chevy Chase, Maryland 20815 l
Washington, DC 20555 Ms. Carol Sneider, Esq.
Dr. Jerry Harbour
- Assistant Attorney General Administrative Judge Office of the Attorney General Atomic Safety and Licensing Appeal One Ashburton
- Place, 19th Floor I
Board Boston, MA 02108 U.S. Nucicar Regulatory Commission Washington, DC 20555 Richard A. Hampe, Esq.
New Hampshire Civil Defense Agency Beverly Hollingworth 107 Pleasant Street 209 Winnacunnet Road Concord, NH 03301 Hampton, NH 03842 Sandra Gavutis, Chairman Calvin A.
- Canney, City Manager Board of Selectmen City Hall RFD 1 Box 1154 126 Daniel Street Kensington, NH 03827 Portsmouth, NH 03801 Stephen E. Merrill Paul McEachern, Esq.
Attorney General Matthew T. Brock, Esq.
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Ocorge Dana Bisbee Shalnes & McEachern Assistant Attorney General 25 Maplewood Avenue Office of the Attorney General P.O. Box 360 25 Cepitol Str.ect Portsmouth, NH 03801 Concord, NH 03301 Roberta C. Pevear Angle Machiros, Chairman State Representative Board of Selectmen Town of Hampton Falls 25 High Road Drinkwater Road Newbury, MA 09150 Hampton Falls, NH 03844 Allen Lampert Mr. Robert J. Harrison Civil Defense Director President and Chief Executive Officer Town of Brentwood Public Service Co. of New Hampshire l
20 Franklin Street P.O. Box 330 Exeter, NH 03833 Manchester, NH 03105 I
l Charles P. Graham, Esq.
Robert A. Backus, Esq.
McKay, Murphy and Graham Backus, Meycr & Solomon 100 Main Street 116 Lowell Street Amesbury, MA 01913 Manchester, NH 03106 Diane Curran, Esq.
Philip Ahren, Esq.
Harmon s Weiss Assistant Attorney General 2001 S Street, NW Office of the Attorney General Suite 430 State House Station #6 Washington, DC 20009 Augusta, ME 04333 Edward A. Thomas Thomas G. Dignan Jr., Esq.
Federal Emergency Management Agency Ropes & Gray 442 J.W. McCormack (POCH) 225 Frank!!n Street i
Boston, MA 02109 Boston, MA 02110 j
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H.J. Flynn, Esq.
William Armstrong Assistant General Counsel Civil Defense Director Federal Emergency Management Agency Town of Exeter 500 C Street, SW 10 Front Street Washington, DC 20472 Exeter, NH 03833 Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel
- Board
- U.S. Nuclear Regulatory Commission U.S.
Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Jane Doughty Docketing and Service Section*
l Seacoast Anti-Pollution League Office of the Secretary 5 Market Street U.S.
Nuclear Regulatory Commission Portsmouth, NH 03801 Washington, DC 20555 l
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' Maynard L. Young, Chairman William S. Lord Board of Selectmen Board of Selectmen 10 Central Road Town Hall - Friend Street South Hampton, NH 03287 Amesbury, MA 01913-Peter J. Matthews, Mayor Michael Santosuosso, Chairman Board of Selectmen City Hall South Hampton, NH 03287 Newburyport, MN 09150 Mr. Robert Carrigg, Chairman Judith H. Mizner, Esq.
Board of Selectmen Silvergiate, Gertner, Baker Town Office Fine and Good Atlantic Avenue 88 Broad Street North Hampton, NH 03862 Boston, MA 02110 R. K. Gad lit, Esq.
Mrs. Anne E.
Goodman, Chairman Ropes S Gray Board of Selectmen 225 Franklin Street 13-15 Newmarket Road Boston, MN 02110 Durham, NH 03824 Gary W. Holmes, Esq.
Holmes s Ellis 47 Winnacunnet Road Hampton, NH 03842 l
_Teregory Alary Berry Counsel pr yRC Staff l
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