ML19225B245

Brief by Intervenor Colemans in Support of Request That ASLB Compel Util to Suppl Answers to Interrogatories 1,3 & 6.ASLB Has Responsibility to Determine Significance of Facts Re Issues in Controversy

ML19225B245
Person / Time
Site:	Salem
Issue date:	06/26/1979
From:	Onsdorff K NEW JERSEY, STATE OF
To:
Shared Package
ML19225B243	List: ML19225B242 ML19225B245
References
NUDOCS 7907240350
Download: ML19225B245 (5)

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STATEMENT IN SUPPORT CF MCTION By letter dated June 6, 1979, Intervenors, Coleman, requested that the licensee supplement its answers to certain interrogatories dealing with safety and refueling cycle at the Salem One Nuclear Generating Station. (Copy of letter attached hereto as Exhibit A). "'his request for supplementation was precipitated by media repor*s of unanticipated damage to fuel assembly support straps being discovered during the recent refueling cutage at the Salem plant.

During a telephone conversatien with Mr. Wetterhahn, Counsel for public Service on June 25, 1979, I was informed that no further infor=ation would be forthccming in response to Intervenors request beyond the statement in his June 19, 1979 letter to the Board, found at page two, that:

"it does not appear at this time that these two problems will increase the number of spent fuel elements to be stored in the spent fuel pool nor will the present refueling outage be significantly lengthened."

June 19, 1979 letter; p.2.

Of course, the conclusion of counsel for licensee pertaining to the significance of the period of this first refueling cutage at Salem One is subject to differing interpretations by tha Scard and other disinterested parties. Moreover, the tendency for pieces of sharp metal to disengage from the fuel assembly support straps may constitute a significant hacard to the fuel pool environ =ent, including the boral shields used to prevent the stored fuel from beccming critical. While this risk may be m"'ml, it cannot and shc.uli nct be either ignored, overlocked or exanined by cnly one litigant during the pendency of an adjusicatory proceeding. Yet, this latter issue is not even addressed by Mr. Uetterhahn's missive of June 19, J79.

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It would apprear, therefore, that the parties to the within proceeding b3 fore the Nuclear Regulatory Cor:=tission are entitled to exa: tine the cbjective facts pertaining to the issues in controversy and suhmit appropriate evidence and argu:nents to 'the Atemic Safety and Licensing Board, which panel is charged with the exclusive responsibility for determining the significance of such =atters, and not counsel for one or another party to the proceeding.

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CONCLUSICN For all the foregoing reasons, it is respectfully sub=itted that licensee should be ordered to submit a report to the parties and the Board setting forth the details of the fuel asscrbly support strap defect problem at the Salem One Nuclear Generating Station.

Respectfully submitted,

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ICITH A. CNSCORFF /9/

ASSISTANT DEFUTY PUBLIC ACVCCATE KAO/l=e

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$ 1 3 1 ? 0 1' E rlU S f r $ 2 3 DEPARTMENT OF THE PU BLIC ADVCCATE c Ata =

DIVISION OF PU BLIC INTEREST ADVOCACY CAn\s g 9g e 9 P.O DOX 141 TEL. 609-23 2- 16 93 STANLE Y C. V AN NE SS TRENTON. NEW JEMSEY C8423 PUSLIC ACVOCATE June 6, 1979 O k '* %v Mark J. Wetterhahn, Esq. '

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Re: Salem One Reracking Case 4

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Dear Mr. Wetterhahn:

It has cc=e to our attention that during the recent refueling at Salem Cne certain dents anc cr.tcks in scme metal plates used to secure ,

the supports of the fuel assemblies were discovered.

As we discussed by telephone today, I believe that pursuant to 10 C.F.R. 2.740(e), Supplementatica of Respon;es, the licensee is cbligated to provide inter.enors with a detailed explanation of this recently discovered defect in the fuel support structure. Both Intenega-tories Cne and Three per ain to the refueling cycle at 'the Salem facilirf

.nd Incerrogatorf Six addresses safery censiderations which, it wculd appear, have been affected by this unforeseen cccurrence.

We would appr=ciate receiving icur Supplemental answers to these-In crogatories by no later than June I5,1979.

Thank ycu for ycur cocperatien.

Very tntly y~ws

&O ' )C KEITH A. CNSCCP_:F 40CDlf r Assistant Depurf PublicV& j/ ,ca}'^

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bcc: Mr. and Mrs. Alfred C. Coleman, Jr.

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Before the Atemic Safety and Licensinc Ecard x CJ In the Matter of  : Docket No. 50-272 PUBLIC SER7 ICE ELECTRIC  : Propcsed Issuance of Amendment

& GAS CO. to Facility Cperating License (Salem Nuclear Generating  : No. DPR-70 Station, Unit #1)

CERTIFICA3 CF SERVICE I hereby certify that copies of Interrenors, Colemans Motion To Ccapel Licensee To Supplement Answers To Interrogatories in the above captioned matter has been seried upon the parties to this proceedings by deposit in the United States M 1 at the post office in Trenton, N.J. , with proper postage thereon, this 26th day of June, 1979. ,

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. t 30A KEIS A. CNSCCRe? L/ L ASSISTA21T CEPUTY PUBLIC ADVCCA S XAO/lme Cacc:d: June 26, 1973

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