ML20236R925

Northeast Nuclear Energy Co Supplemental Answer Re Standing Issues (Sump Pump Subsystem Approval).* Citizens Regulatory Commission Request for Hearing & Intervenor Status Does Not Satisfy Requirements of 10CFR2.714.W/Certificate of Svc

ML20236R925
Person / Time
Site:	Millstone
Issue date:	07/21/1998
From:	Repka D, Repra D NORTHEAST NUCLEAR ENERGY CO., WINSTON & STRAWN
To:	Atomic Safety and Licensing Board Panel
References
CON-#398-19341 LA-2, NUDOCS 9807240027
Download: ML20236R925 (6)

Text

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DOCKETED

,1998

% J122 P3:48

- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFr '-

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FtGu ADA.E t 13.,

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

- In the Matter of )

)

Northeast Nuclear Energy Company ) Docket No. 50-423-LA-2

)

(Millstone Nuclear Power Station, )

Unit No. 3) )

NORTHEAST NUCLEAR ENERGY COMPANi"S SUPPLEMENTAL ANSWER REGARDING STANDING ISSUES (SUMP PUMP St TBSYSTEM APPROVAll I. INTRODUCTION In accordance with the Order of the Atomic Safety and Licensing Board (" Licensing Board") issued on June 16,1998, Northeast Nuclear Energy Company ("NNECO") hereby replies in part to the Supplement to Intervention Petition (" Supplemented Petition") filed on July 7,1998, by the Citizens Regulatory Commission (" CRC"). This partial reply addresses only issues related to CRC's standing to intervene in this matter. NNECO will reply to CRC's proposed " contentions" in accordance with the schedule established by the Licensing Board's June 16th Order.

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II. DISCUSSION The Supplemented Petition amends CRC's initial petition of May 21,1998.1' CRC is seeking a formal hearing, and intervenor status, with respect to NNECO's license amendment application related to installation of safety-related sump pumps in the Millstone Unit 3 Engineered Safety Feature ("ESF") building sumps to address groundwater inleakage.2' NNECO responded to CRC's initial petition on June 5,1998 ("NNECO's Response"), opposing CRC's petition for lack of a demonstration of CRC's standing.

l A. Orcani7ntional Standine The Supplemented Petition addresses the defect with respect to CRC's organizational standing identified in NNECO's Response by providing an affidavit from one member who lives near Millstone Station and who has authorized CRC to represent his interests in this proceeding.

CRC, however, would still need to show that the individual member has standing with respect to this matter. Georgia Institute ofTechnology (Georgia Tech Research Reactor), CLI-95-12,42 NRC 111, 115 (1995).

B. Partientnri7ed Harm As discussed in NNECO's Response, in a license amendment proceeding such as this cu, the Commission requires a particularized showing of concrete harm or injury that is fairly traceable to the challenged action and likely to be redressed by a favorable decision in the l

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CRC's petition responds to a notice of proposed action, opportunity for hearing, and proposed "no significant hazards consideration" determination published in the Federal l Register on April 22,1998 (63 Fed. Reg. 19964,19974).

2' NNECO (M.L. Bowling, Jr.) Letter to NRC (Document Control Desk), B17141, " Proposed License Amendment Request // ESF Building Sump Pumping Subsystem (PLAR 3-98-2),"

Docket No. 50-423, April 1,1998 (" Application").

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proceeding. Georgia Institute of Technology (Georgia Tech Research Reactor), CLI-95-12,42 NRC 111,115 (1995); see also Luian v Defenders of Wildlife,112 S. Ct. 2130,2136 (1992). Where standing i: based on nearby residence, the Commission has held that petitioners must allege a clear potential for offsite consequences resulting from that amendment. Florida Power & Light Co. (St.

Lucie Nuclear Power Plant, Units 1 and 2), CLI-89-21,30 NRC 325,329-30 (1989).

In the Supplemented Petition and the attached affidavit, CRC has not attempted to directly address this standing issue. Rather, through its " proposed comentions," CRC alleges problems with the " dewatering system", the updated Final Safety Analysis Report ("UFSAR"), and the existence of the groundwater inleakage that the sump pumps are intended to address. In its most favorable light, this aspect of the Supplemented Petition might be treated as CRC's showing of a potential injury for purposes of establishing standing. However, even here, CRC does not show a chain ofcausation leading from these alleged problems, through the sump pumps, to potential offsite consequences that would give rise to standing.

NNECO has previously acknowledged that unabated groundwater inleakage may affect operability of the Recirculation Spray System ("RSS") (NNECO Response, at page 3).

However, the sump pump subsystem at issue is designed precisely to address and prevent an inoperable RSS. Likewise, the licensing basis change included in the amendment application is intended to show the inleakage issue, the volume of water involved, and how it is addressed. The J mere fact of groundwater inleakage -- the central concern articulated in the proposed contentions --

does not equate to an offsite injury traceable to this amendment or redressable in this proceeding.

It is still incumbent upon CRC to demonstrate, with particularity, how offsite consequences could result frorn the amendment at issue. Cf. Sequoyah Fuels Corn, (Gore, Oklahoma Site), CLI-94-12,40 NRC 64, 72-74 (1994) (focusing on whether alleged injury is I

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" concrete and panicularized" and whether there is a " realistic threat" of a direct injury). At a minimum, CRC must plausibly articulate how the amendment does not adequately redress the problem that gave rise to the design change involved and how that will lead to offsite harm. CL Northeast Nuclear Energy Co. (Millstonc Nuclear Power Station, Unit 2), LBP-92-28,36 NRC 202, 210 (1992). NNECO does not believe that the allegations to date meet that requirement.

Ill. CONCI USION For the reasons set fonh above, CRC's request for a hearing and intervenor status does not satisfy the requirements of10 C.F.R. { 2.714. Alternatively, to the extent the Licensing Board concludes that CRC does have representational standing, CRC's request remains subject to the admission of one contentiori. NNECO will respond to this issue in a further reply to CRC's I

i proposed contentions on the schedule established by the Licensing Board.

l Respectfully submitted, l

U_ '

David A. Repka I l

l WINSTON & STRAWN 1400 L Street, N.W.

Washington, D.C. 20005-3502 (202)371-5726 l Lillian M. Cuoco NORTHEAST UTILITIES SERVICE COMPANY 107 Selden Street Berlin, Connecticut 06037 ATTORNEYS FOR NORTHEAST NUCLEAR ENERGY COMPANY Dated in Washington, D.C.

this 21st day ofJuly,1998 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 00CKETED USNRC BEFORE THE ATOMIC S AFETY AND I ICENSING BOARD W WL 22 P3 :48 In the Matter of ) $f: -

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) ADJtJD L < E iAFF Northeast Nuclear Energy Company ) Docket No. 50-423-LA-2

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(Millstone Nuclear Power Station, )

Unit No. 3) )

CERTIFICATE OF SERVICE I hereby certify that copies of" NORTHEAST NUCLEAR ENERGY COMPANY'S SUPPLEMENTAL ANSWER REGARDING STANDING ISSUES (SUMP PUMP SUBSYSTEM APPROVAL)," in the above-captioned proceeding, have been served on the following by deposit in the United States mail, first class, this 21st day of July,1998. In addition, for those parties marked by an asterisk (*), a courtesy copy has been provided this same day by e-mail.

Nancy Burton, Esq. Thomas S. Moore

• 147 Cross Highway Chairman Redding Ridge, CT 06876 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Office of the Secretary Dr. Charles N. Kelber*

U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555 Atomic Safety and Licensing Board Attn: Rulemaking and Adjudications U.S. Nuclear Regulatory Commission (original + two copies) Washington, DC 20555-0001 Adjudicatory File Dr. Richard F. Cole

• Atomic Safety and Licensing Board Panel Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 l

Office of Commission Appellate Adjudication Richard G. Bachmann, Esq.*

U.S. Nuclear Regulatory Commission Office of the General Counsel Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 k OY e-

,, David A. Repka i N

Winston & Strawn Counsel for Northeast Nuclear Energy Company l

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