ML20238D077

Licensee Objections to Request for Production of Documents by Air & Water Pollution Patrol & Motion for Protective Order.* Request Re Records of False Activation of Monitor Alarms Requires Extensive Research.Certificate of Svc Encl

ML20238D077
Person / Time
Site:	Limerick
Issue date:	12/29/1987
From:	Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	AIR AND WATER POLLUTION PATROL
References
CON-#188-5255 OLA, NUDOCS 8801040086
Download: ML20238D077 (5)

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UNITED STATES OF AMERIC NUCLEAR REGULATORY COMMISFIO'1 .

OFFtCf.Or Before'theAtomicSafetyandLiceN9Pdid$jQNt-h.' faM 4 I In the Matter of ) i Y

Philadelphia Electric Company ) Cocket No. 50-352-0I3..

) (TS Iodine)

(Limerick Generating Station, )

Unit 1) )

LICENSEE'S OBJECTIONS TO REQUEST FOR PRODUCTION OP, DOCUMENTS BY AIR AND WATER POLLU#.' ION PATROL AND MOTION FOR _A_ PROTECTIVE ORD{'Pt _

By ? letter dated Decer ber -7, 1987, intervenor Air ypd Water Pollution Patrol ["AWPP'), by Frank R. Romano, its representative, served d.ocument recc lests ~upon Licensee Philadelphia Electric Company (" Licensee"). The requests by AWPP were made pursuant to the Memarandum 6nd Order of November 20, 1987 by the. presiding A' mic Safety and Licens--

ing Board.

Pursuant to 10 C.F.R. SS ,2.740 sc) and 2.741(d) , !.3 ens-ee objects to certain of AWPP's requests for produccien of documents as discussed in dettil be. low and moves that a protective crder be entered prohibiting such discovery. .The Licensee's specific 7bjectic:m .to tr.2 request for production of documents are discussed beJcw.

A. Licensee objects to. Request A insofar as it reltn:es l l

to an unspecified report created by the " Radiation Effects )

Researc'h Founcation" regardinj the principle of "as law .a s reasonably sc hievable . " Accepting . the characterization or woma ETr I vse \

the document by AWPP, the sole utilization of such document would be to advance a prohibited attack on the ALARA re-

.quirements of 10 C.F.R. 550.34a and Part 50. The request would require the production of documents which are beyond a the scope of the contention. The amendment at issue does not change'the Licensee's duty to meet the ALARA require-ments of lippendix I incorporated in plant technical speci-f4. cations and therefore a requirement of the license.

C. The portion of the request concerning records of

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false activation of monitor alarms is objectionable as requiring extensive research. A response to this request would requir.e a line-by-line review of over a foot-high stack of compu';er printouts to try to locate five channel codes among the numerous codes represented. Pennsylvania Power and Light Company (Susquehanna Steam Electric Station, Units 1 and 2), ALAB-613, 12 NRC 317, 334 (1980);

Suscu_ehanna, LBP-79-31, 10 NRC 597, 606 (1979); Boston Edison Company (Pilgrim Nuclear Generating Station, Unit 2),

LBP-75-30, 1 NEC 579, 584 (1975). The information related to " false activation of alarms" is also clearly outside the i

scope of the admitted contention and not designed to lead to L admissible evidence.

4 D. This request for reports concerning a fatal who).e-body dese is well beyond the scope of the contention for the reasons discussed in Licensee's objection to Item A, above. Tbc request is not designed to lead to admissible evid mce.

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7 Q, R and S. Item Q requests studies which show "that' 4

there is no adverse effect on public health irrespective of how high the _radiciodine activity concentration reach-es . . . ." Item R requests changes to the emergency plan resulting from the amendment. Item S requests " studies that were conducted to implement reduction of higher Radioactive.

Iodine concentration . . ." as it relates to grant of the contention. Each of these requests assumes that the design basis of the plant will be different as a result of the proposed. change in technical specifications. For the reasons discussed above, th'e requests go beyond the scope of the admitted contention. Items Q and S unjustifiably speculate as to increased radioactivity in the plant's recirculation system. The proposed change in technical specifications does not request authority to operate the reactor in any different manner that would increase maximum radiciodine levels in reactor coolant. Item R further speculates about accidents exceeding the design basis of the reactor alleged to require changes in evacuation planning.

This is clearly an impermissible attack upon safety regu-lations under 10 C.F.R. Part 50 and well beyond the scope of the admitted contention. In any event, Licensee has no documents responsive to these three requests.

Conclusion For the reasons discussed above, each of Licensee's objections should be sustained and the Board should enter an order prohibiting discovery on the aforementioned grounds.

p.

Respectfully submitted, CONNER & WETTERHAHN, C.

Troy B. Conner, Jr.

Mark J. Wetterhahn Counsel for Licensee-December 29, 1987 l :-

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'87 C 30 P8 :51 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OfRa . ri . r.a Before the Atomic Safety and Licensing IGMfif[gjV'CI-In.the Matter of )

)

Philadelphia Electric Company ) Docket No. 50-352-OLA

) (TS Iodine)

(Limerick Generating Station, )

Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " Licensee's Objections To Request For Production Of Documents By Air And Water Pollution Patrol And Motion For A Protective Order" and

" Licensee's Response To Request For Production Of Documents By Air And Water Pollution Patrol" dated December 29, 1987 in the captioned matter have been served upon the following by deposit in the United States mail this 29th day or December, 1987:

Sheldon J. Wolfe, Benjamin H. Vogler, Esq.

Chairman Robert M. Weisman, Esq.

Atomic Safety and Counsel for NRC Staff Licensing Board Panel Office of the General U.S. Nuclear Regulatory Counsel Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555

• Dr. Richard F. Cole

• Docketing and Service Atomic Safety and Licensing Board Panel Section U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. George A. Ferguson Mr. Frank R. Romano Atomic Safety and 61 Forest Avenue Licensing Board Panel Ambler, Pennsylvania 19002 U.S. Nuclear Regulatory Commission

• Mr. Robert L. Anthony Washington, D.C. 20555 Box 186 103 Vernon Lane Moylan e-Rg 19065

• without enclosures j Mark (J/'Wetterhahn j

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