ML20024E821

Comments on Applicant Response to Aslab 830815 Order Re Failure to Provide Safe SA-312 Piping & Adequate QA Program.Certificate of Svc Encl

ML20024E821
Person / Time
Site:	Callaway
Issue date:	08/31/1983
From:	Chackes K CHACKES & HOARE, JOINT INTERVENORS - CALLAWAY
To:
References
ISSUANCES-OL, NUDOCS 8309070104
Download: ML20024E821 (4)

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UNITED STATES OF AMERICA kCED NUCLEAR REGULATORY COMMISSION BEFORE TIIE ATOMIC SAFETY AND LICENSING APPEAL 55 BOARg- -6 Pi2:50 CFFICE OF SECRt:TARY In the Matter of ). Afg gSER VICI~

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UNION ELECTRIC COMPANY ) Docket No. STN 50-483 OL

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(Callaway Plant, Unit 1) )

JOINT INTERVENORS' COMMENTS ON APPLICANT'S RESPONSE TO APPEAL BOARD ORDER OF AUGUST 15, 1983 Applicant's Response to the Appeal Board's Order of August 15, 1983 provides further support for Joint Intervenors' arguments that applicant has failed to meet is burden of proving that SA-312 piping is safe for its intended use at the Callaway Plant and that applicant's quality assurance program failed to perform adequately.

Initially, applicant notes that the "882 psi" figure does not represent the design pressure for SA-312 pipe but the higher hydrostatic test pressure. Applicant falls to inform the Appeal Board, however, what the lower design pressure actually is so that further comparisons can be made.

Applicant Indicates also that the pipe in question is not really SA-312 pipe but SA-358 pipe. Assuming for the sake of argument that that representation is correct, applicant's response reflects another of its mistakes, which was forgotten at the hearing due to the large number of mistakes made during the course of construction. It is significant to note that another significant " mistake" was made by applicant in its listing of SA-312 pipe in response to I & E Bulletin 79-03. Applicant failed to list piping systems containing SA-403 fittings which were made from SA-312 welded pipe.

The NRC staff apparently was unaware of that ommission until the hearing before the Licensing Board. See Joint Intervenors' Proposed Findings of Fact and Conclusions of Law, paragraphs 122 and 123, pages 80-81.

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Finally, applicant continues to assert its reliance on a preposterous interpretation f

of the ASME Code to allow compeltely untested SA-312 pipe to be used in syste'ms with less than 85% of code-allowable design pressure. Despite Joint Intervenors' detailed arguments regarding that interpretation, the Licensing Board excepted it without 4

discussion. PID at 65. See Joint Intervenors' Proposed Findings of Fact and Conclusions of Law, paragraphs 120 and 121, pages 78-80. As a matter of law, the Appeal Board should not allow the licensing of a plant where safety related systems are not manufactured in accordance with applicable industry codes. See 10 C.F.R. S50.55a, and Part 50, Appendix B, Criterion IX.

Respectfully submitted, CIIACKES AND IIOARE l /L%uam Kenneth M. Chackes Attorneys for Joint Intervenors 314 North Broadway, Suite 1010 St. Louis, Missouri 63102 314/241-7961 '

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BEFORE THIL ATOMIC SAFETY AND LICEllS!NG APPE L BOAF.D -

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UNION ELECTRIC COMPANY- ) Docket No. STN 50-483 "

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CERTIFICAT. E OF 'SFRVICE , ,m c, .,

.. s .s u I hereby certify that . copies of " Joint Intervenors' Comments on Applicant's Response to Appeal Board Order of August 15, 1983" were served this 31st day of August,1983, by deposit in the U.S. mail, first" class',Nostage prepaid, to the parties identified below:

Alan S. Rosenthal, Esquire Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555 -

Gary J. Edles, Esquire Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Reginald L. Gotchy Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 James P. Gleason, Esquire Chairman Atomic Safety and Licensing Board 513 Gilmoure Drive Silver Spring, Maryland 20901 Mr. Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Jerry R. Kline Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington,' D.C. 20555

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.o - g Robert fi. Perlis,' Esquire Office of the' Executive Legal Director U.S. - Nuc! scar Regulatory Commission Washington, D.C. 20555 14'i ,

D'peketing.and Service Section Office

• of the Secretary U.S. Nuclose Regulatory Commission Washingtoh, D.C. 20555 Joseph E. Birk, Esquire  :

Assistant to, the General Counsel Union Electric Company P.O. Box 149 s St. Louis, Missouri 63166 A. Scott Cauger, Esquire Assistant General Counsel Missouri Public Service Commission P.O. Box 360 Jefferson City, Missouri 65102 g

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Thomas A. Baxter, Esquire v

q' Shaw, Pittman, Potts & Trowbridge 2

1800 'M St., N.W.

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Kenneth M. Chackes

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