ML19339C336

Supplemental Filing Re Applicant Motion for Summary Disposition of Application for Fuel Loading & Low Power Testing.Calls Attention to Encl 801021 Fr Notice.Urges Expedited Consideration.Certificate of Svc Encl

ML19339C336
Person / Time
Site:	McGuire, Mcguire
Issue date:	11/12/1980
From:	Mcgarry J, Porter W DEBEVOISE & LIBERMAN, DUKE POWER CO.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8011180153
Download: ML19339C336 (4)

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f'M g M occxmo U$NEC 3\ UNITED STATES OF AMERICA N0v i 3 $80 > j NUCLEAR REGULATORY COMMISSION q dceh 6 Cc:ktig i Mce , BEFORE THE ATOMIC SAFETY AND LICENSING BOA g 3 ranch

                                                                       ~        g In the Matter of                 )
                                     )

DUKE POWER COMPANY ) Docket Nos. 50-369 -

                                     )                     50-370        P.
                                                                         "

(William B. McGuire Nuclear ) T Station, Units 1 and 2) ) APPLICANT'S SUPPLEMENTAL FILING REGARDING . -d APPLICANT'S MOTION FOR

SUMMARY

DISPOSITION M E

• REGARDING APPLICATION FOR LICENSE AUTHORIZING"' 7 FUEL LOADING, INITIAL CRITICALITY, ZERO POWER PHYSICS TESTING AND LOW-POWER TESTING FOR MCGUIRE UNIT 1; REQUEST FOR EXPEDITED CONSIDERATION Applicant would call the Board's attention to a recent-decision of the Director of Nuclear Regulations. Copy attached.

Respectfully submitted, k . k p Michael McG/rry,LIBERMANp;I VDEBEVOISE & 1200 Seventeenth Street, N.W. Washington, D.C. 20036 (202) 857-9800 Of Counsel: William L. Porter, Esq. Associate General Counsel Duke Power Company November 12, 1980 pSoS 8011180[g] S e/ k

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      $                 69606 -                       Fed-ral R:gister / Vol. 45. No. 203 / Tutsday. October 21, 1980 / Notices N                                                                                                                                         the NRC staff that an interim hydrogen 9,                          Dated at Dethesda hfaryland. this 10th day protection in the event of a Tht!-2 type
    ~fa                                                                          Incident. A Thil-2 type incident could                     control system will provide with reasonable of October.1980.

assurance protection against breach of

  .p                          For the Nxiear Regulatory Commission.              produco large amounts of hydrogen in                       c ntainment in the event that a substantial
     '2                  D. C. Duckley,                                           the Sequoyah containment Should a                         quantity of hydrogen is generated.
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Ac:/ng ChieflJes.t!ng Branch No. J. Division combustion pressure spike of the (b) For operation of the facility beyond y off.icensing. magnitude experienced at Thti-2 occur. January 31.1982, the Commission must the Sequoyah containment pressure confirm that an adequate hydrogen control

  .n                     tra onc. sw.4:rn.a io.2um a.s ..:

rating could ber exceeded resulting in a system for the plant is installed and will

 ~b                      sauno cocs 7sso.es-u perform its intended furtion in a manner
 'd                                                                              loss of containment.TNRC noted in its aM                                                                                petition that. In light of operating                      that provides adequate safety margins.

IDocket No. 50-327;DD-80-31) (c) During the interim period of operation.

?J   C experience obtained at Th!I-2. a                          TVA shall continue e research program on multiple.fa Iure accident sequence with                    hydrogen control measures and the effects of A 1                    Tennessee Valley Authority (Sequoyah significant core domage. hydrogen Nuclear Plant, Unit 1); Director's                                                                                  hydrogen burns on safety functions and shall liberation and combustion and mafor                        submit to the NRC quarterly reports on that d                       Decision                    : .              .

metal. water reactions, must be regarded research program. -

• M Octob'er 8.1960. . . . <

as a plausible occurrence.

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In my judgement. the anal' yses - 3 ' By petition dated hlay 29.1980."Ihe This concern was intensively studied b e" d

 ]                        Nuclear Regulatory Commission"                          by the NRC staff, the Advisory                             { cept by            C n dssi         as
                                                                                                                                                                                           - 

(TNRC, a five-member musical group) . Committee on Reactor Safeguards q described in the documents referenced e.g requested that the Nuclear Regulatory , (ACRS) and the Commission prior to the above, in conjunction with the license Commission (NRC) revoke the license . Isr tance of the Sequoyah full power ^ 4 !ssued to conduct the low power test license which occurred on September 17.; conditions imposed on the Sequoyah'

&                                                                                                                                            fae y adequ I ddr                   th h                       program at the Sequoyah facility in.

order to protect the public health and 1980. Specifically. the Commission had before it:

                                                                                                                                           . c9          ,, ,ed n your p t tion a'nd, on these bases.1 deny your petition.
'g                        safety.The petition also requested such g          .

other action as may be proper.This.

1. SECY 80-107. Proposed Interim-Hydrogen Control Requirements for Small

                                                                                                                                       -

A copy of this Decision and its a attachmen

 .a                       request has been considered under the                    Containments, dated February 22.1980.                     Commiss. ion ts.willbe   placed in s Puggic Document           the at -

Room 2.SECY 80-107A. AdditionalInformation

%A                        provisions of10 CFR 2.206 of the .
                     ' . Commission's regulations. Notice of                       1.e: Proposed Interim Hydrogen Control -

1717 li Street. N.W Washington, D.C. 20555 and the Local Public Document Requirements, dated April 22.1980.

  .M             ? receipt of the petition was published in" 3.SECY 80-107B. AdditionalInformation                  Room for the Sequoyah facility. located T3              E         the Federal Register on July 3.1980 (45
                                                               .-                  Re: Proposed Intenm Control requirements.                  at the Chattanooga llamilton County i.; .             .,

FR 45429). -

                                                       ,    ., , _ . -

TNRC's concern with respect to low' dated June 20.1980. . Bicentennial Library. 2001 Broad Street. ' 3 . 4. Supplement No.1 to Safety Evaluation Chattanoo8a. Tennessee 37402. .N power operation was based upon the Report Related to Operation of Sequoyah . 3 c py of this Decision wi11 also be M potential failure of the ice-condenser Nuclear Plant Units 1 and 2 (Page 11.B.-1). dated Febraury 1980. (NUREG-co11) filed with the Secretury for the 01 pressure suppression containment Commission for its review in accordance

^M                         system employed at the Sequoyah                             5, Supplement No. 2 to Safety Evaluation with 10 C,FR I 2.206(c) of the               m 19                         facility. Containment integrity is not a _ Report             Related to Operation of Sequoyah Nuclear Plant Units 1 and 2 (Page 22.2-27).               Commission's regulations.                      .

.D  ; safety concern during the conduct ofIow dated A st 1980. (NUREG-0011) As provided in 10 CFR i 2.206(c) of power testmg. %e issue of containment 6. Suphment No. 3 to Safety Evaluation the Commission's regulations, this M]g ,, integnty during low power testing was Report Related to Operation of Sequoyah Decision will constitute the final action examined by the NRC staff.The staff Nuclear Plant Units 1 and 2. dated September of the Commission twenty (20) days 33 considered whether a loss-of-coolant 1980. (NUREG-0011)

  .a                                                                                                                                          after the date ofissuance, unless the
'd                         accident from low power operations                           7. ACRS letter on Sequoyah Nuclear Plant, dated September 8.1980.                                   Commission. On its own motion.
 'N .                      would likely lead to significant metal-                                                                                s        a      ew        s Decision

c. water reaction (and hydrogen These documents and reports w fun at Mme.

W generation) even under severely ' embrace the concerns raised by TNRC Dated at Bethesda.hfaryland. this Bih day 9 degraded ECCS conditions.It was in its petition. The conclusion reached of Octobn.19aa

     .E                    concluded that there is time available to by both the NRC staff and the ACRS was that full powerlicensing of .                          Harold R. Denton.

I-{y take corrective action to ccel the core Director. Office o/Nuclecr Regulation.

 ?.h                     -before there is any substantian hydrogen Sequoyah facility need not await generation.' Also, the potential for the                  completion of ongoing work related to                     tra coe. usu ra.a wax a.s a.:
.d M        -                  rele.1se of radioactivity, should the                    hydrogen control measures for the                         an.uwe coos 7sso et.u containment fail. is virtually non.                      Sequoyah. type of containment.'

My

 %                          existent since the power levels during                       After due consideration of this issue.                IDocket No. 50-338]

0a the low power testing do not exceed five the Commission approved on September M t.ercent of full power and the one. week 17.1980 the issuance by the Director of Virginia Electric & Power Co.; issuance M

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test program would produce insignificant amounts of radioactivity. the Office of Nuclear Reactor Regulation of Amendment to Facility operating of a full-power facility operating license Ucense

                                                                                                                                                                                           -

M"? Dis program has been completed at the Sequoyah facility without endangering for Sequoyah Nuclear Plant. Unit 1 subject, however, to the following Tite U.S. Nuclear Regulatory

                                                                                                                                                                                               -

conditions relative to hydrogen control Commission (the Commission) has 3 the public health and safety. r casures: issued Amendment No. 20 to Facility N TNRC also expressed a concern in its "" df

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petition that the Sequoyah containment building could provide inadequate (a) By January 31.198t.'IVA shall by testing and anlysis show to the satisfaction of Comp n ( fI ic ns e) f r peration of the North Anna Power Station Unit No.

                                ' Supplement No.1 to Safety Entuation Report             ' Supplement 3 to Safety Eva!uation Report
  .

related to operation of Sequoyah Nuclear Plant. , lated to operation of Sequoysh Nuclear P! ant 1 (the facility) located in I.outsa County. h Page 11.B-1. (Page 22.2-1] and ACRS letter of September s.19ao. Virginia.The amendment is effective as 4g

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D UNITED STATES OF AMERICA U# NUCLEAR REGULATORY COMMISSION

                                                                   '                                 3

Nov i 3 Ga0 > g-BEFORE THE ATOMIC SAFETY AND LICENSING BOARB' OMice of the !ecetary  :-'

Occheting 1:eni:e g Branch , In the Matter of ) ' 67' M

                                       )

DUKE POWER COMPANY ) Docket Nos. 50-369

                                       )                      50-370 (William B. McGuire Nuclear       )

Station, Units 1 and 2) ) CERTIFICATE OF SERVICE . I hereby certify that copies of " Applicant's Supplemental Filing Regarding Applicant's Motion for Summary Disposition Regarding Application for License Authorizing Fuel Loading, Initial Criticality, Zero Power Physics Testing and Low-Power Testing for McGuire Unit 1; Request for Expedited Consideration" dated Novemher 12, 1980 in the captioned matter, have been served upon the following by deposit in the United States mai1* this 12th day of November, 1980.

• Robert M. Lazo, Esq. Edward G. Ketchen, Esq.

Chairman, Atomic Safety and Counsel for NRC Regulatory Licensing Board Staff U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission

• Dr. Emmeth A. Luebke Washington, D.C. 20555 Atomic Safety and Licensing Board William L. Porter, Esq.

U.S. Nuclear Regulatory Associate General Counsel Commission Duke Power Company Washington, D.C. 20555 Post Office Box 2178 Charlotte, North Carolina 28242 Dr. Cadet H. Hand, Jr. Director Chairman Bodega Marine Laboratory Atomic Safety and Licensing i of California Board Panel Post Office Box 247 U.S. Nuclear Regulatory Bodega Bay, California 94923 Commission Washington, D.C. 20555 Jesse L. Riley President Carolina Environmental Study Group 854 Henley Place Charlotte, North Carolina 28207

• Denotes that service will be made by hand delivery l on. November 12, 1980.

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                          - Chairman, Atomic Safety                      Chase R. Stephens and Licensing Appeal Board              Docketing and Service U.S. Nuclear Regulatory                               Section Commission                              Office of the Secretary

Washington, D.C. 20555 U.S. Nuclear Regulatory

• Commission

Washington, D.C. 20555 l

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