ML20039C242

Answer to Applicants' 811125 Motion for Summary Disposition of Prairie Alliance Contention 5 & to NRC 811207 Motion to Defer Consideration of Motion.Motion Should Be Deferred Until SER Issuance.Certificate of Svc Encl

ML20039C242
Person / Time
Site:	Clinton
Issue date:	12/21/1981
From:	Willman P ILLINOIS, STATE OF
To:	NRC COMMISSION (OCM)
References
ISSUANCES-OL, NUDOCS 8112290106
Download: ML20039C242 (8)

Text

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_.h fI5D UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION CEC 28 /19.00 C Fl: --

IN THE MATTER OF ) U Mh - - 1, b g ILLINOIS POWER COMPANY, ) AS SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER )

COOPERATIVE, INC. ) Docket No. 50- '

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(Operating License for Clinton Power Station, Unit 1)

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ILLINOIS' ANSWER TO MOTIONS BY NRC STAFF AND APPLICANTS \

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ON PRAIRIE ALLIANCE CONTENTION 5 N's s .~ -s\

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The State of Illinois (Illinois), by its attorney, TYRONE C. FAHNER, Attorney General of the State of Illinois, answers, pur-suant to 10 C.F.R. SS 2.749 and 2.730 (c) , the following motions:

a) Applicants' (IP) Motion For Summary Disposition of Prairie Alliance Contention 5, filed with the Board on November 25, 1981; and b) NRC Staff's Motion To Defer Consideration Of Applicant's

" Motion For Summary Disposition Of Prairie Alliance Contention 5,"

filed with the Board on December 7th, 1981. Illinois' answer is as follows;

1. IP rests its motion for summary disposition on two arguments. First, IP correctly states that Prairie Alliance, Illinois and IP have stipulated that all defective control rod drive tubes have been adequately repaired or replaced and that the condition of I)303 f ,

these tubes is no longer an issue. Therefore, IP asserts, there

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remains no issue of fact among the parties with respect to Contention 5.

Second, IP argues that the only issue remaining in Contention 5 is the unresolved generic safety issue of anticipated transient without scram 8112290106 811221 PDR ADOCK 05000461 G PDR

(ATWS), which entitles it to summary disposition as a matter of law.

2. NRC Staff requests in its motion that the Board defer consideration of IP's summary disposition motion pending issuance of the Safety Evaluation Report (SER) for the Clinton Power Station -

Unit 1 (CPS-1). The NRC Sraff asserts that IP must show compliance with NRC Staff interim requirements for ATWS before Contention 5 is ripe for su= mary disposition.

3. Illinois concurs with the request of the NRC Staff that the Board defer ruling on IP's summary disposition motion until the SER is issued. Illinois's concurrence is premised on a compre-hensive and satisfactory analysis by the NRC Staff of the ATWS issue in the CPS-1 SER. Illinois takes exception to the implication in the NRC Staff's motion that compliance by IP with interim requirements will necessarily mean the safe operation of CPS-1 during an ATWS event. Therefore, Illinois requests that the Board allow it to respond to any NRC Staff pleading filed, with respect to the ATWS issue, after issuance of the SER.

4. There remains a genuine issue to be heard by the Board with respect to Contention 5, which, as amended, reads as follows:

The CPS [ Unit 1] should not be licensed to operate until IP has completed an ATWS analysis for (1) redundancy, (2) systems interaction, (3) loss of coolant accident, and (4) incidents such as those experienced in other GE boiling water reactors.

The genuine issue here is whether IP has performed an ATWS analysis in these four areas with respect to CPS-1. Illinois has made dis-covery requests to IP on Contention 5; to date IP has not made avail-

able any information that demonstrates it has done so. Therefore, an issue of fact remains among the parties as to whether IP has completed the ATWS analysis for CPS-1.

5. Even assuming that Contention 5 presents an unresolved generic safety issue on ATWS, which Illinois disputes, IP is not entitled to summary disposition as a matter of law. The existence of an unresolved generic safety issue in a contention does not mean that the contention can be dismissed summarily. The Board cannot ignore

, ATWS as an unresolved safety issue in this proceeding just because it has generic application to other facilities; rather, IP must show that it can safely proceed with operation of the CPS-1 even though an over-all solution to ATWS has not been found. Vircinia Electric and Power Company (North Anna Nuclear Power Station, Units 1 and 2), ALAB-491, 8 NRC 245, 248 (1978). This showing is more difficult when operation, rather than construction, of a facility is involved. Id. In any event, the Board has the responsibility of examining and deciding safety issues such as ATWS, irrespective of whether any party has placed them in controversy in a proceeding, to make the requisite finding that CPS-1

( can be operated without undue risk to the health and safety of the public. See Gulf States Utilities Company (River Bend Station, Units 1 and 2), ALAB-444, 6 NRC 760, 774 (1977). These authorities contradict IP's assumption that it is entitled to summary disposition as a matter

of law because Contention 5 is generic.

t WHEREFORE, for the foregoing reasons, Illinois requests the following:

l a) That the Board'. defer consideration of IP 's st= mary dis-i I

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Y position motion pending issuance of the SER; b) That the Board allow Illinois to respond to any pleadings filed by the NRC Staff with respect-to Contention 5; and

, l c) Alternatively, that the Board deny IP's motion for summary disposition of Contention 5.

i Respectfully submitted, l

TYRONE C. FAHNER Attorney General State of Illinois By:

Philip Ef. Willman Assistant Attorney General' Environmental Control Division 188 West Randolph Street Suite 2315 Chicago, Illinois 60601 (312) 793-2491 Dated: December 21, 1981

UNITED STATES OF AMERICA NUCTTAR REGULATORY C0502ISSION

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SOYLAND POWER COOPERATIVE,'INC.)

and WTSTERN ILLINOIS POWER )

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) Docket Nos. 50-461 OL (Operating Licenses for Clinton) 50-462 OL Pcwer Scation, Units 1 and 2) )

NOTICE TO: Hugh K. Clark , 'Esq. , . C.?. airman P.O. Sex 127A Kennedyville, Maryland 21645 Dr. George A.Ferguson School of Engineering Howard University 2300 Sixth Street, N.W. ~

Washington, D.C. 20059 Dr. Oscar H. Paris

• Aute=ic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washingten, D.C. 20555 Richard J. Goddard Office' of the Executive Legal Director United States Nuclear Regulatcrv. Cc= mission Washington, D.C. 20555 4.

Peter V. Fazio, Jr.

Schiff, Hardin, & Waite 7200 Sears Tower '

233 South Wacker Drive Chicago, Illinois 60606 Prairie Alliance .

P.O. Box 2424 Station A Champaign, Illinois 61820 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Re-ulatory v Commission Washington, D.C. 20555 o

PLEASE TAKE NOTICE that today I have caused to be filed with the Secretary, United States Nuclear Regulatory Com-mission, Washington, D.C. 20555, Attention: Chief, Docketing and Service Section, one original and two conformed copies of Illinois' Answer To Motions By NRC Staff And Applicants On Prairie Alliance Contention 5. A copy of this document is attached and served upon you.

Respectfully submitted, TYRONE C. FAHNER Attorney General State of Illinois

.BY:

PHILIP L. K9ILLMAN Assistant Attorney General Environmental Control Division 188 West Randolph Street Suite'2315 Chicago, Illinois 60601 (312) 793-2491 DATED: December 21, 1981

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY )

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER ) Docket No. 50-461 OL COOPERATIVE, INC. )

)

(Operating License for Clinton )

Power Station, Unit 1) )

STATEMENT OF MATERIAL FACT AS TO WHICH THERE IS GENUINE ISSUE TO BE HEARD

1. Applicants have not completed an anticipated transient without scram analysis for (1) redundancy, (2) systems

. interaction, (3) loss of coolant accident, and (4) incidents such as those experienced at other GE-boiling water reactors.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION IN THE MATTER OF )

ILLINOIS POWER COMPANY, )

SOYLAND POWER COOPERATIVE, INC. )

and WESTERN ILLINOIS POWER ) Docket No. 50-461 OL COOPERATIVE, INC. )

)

(Operating License for Clinton )

Power Station, Units 1 and 2) )

CERTIFICATE OF SERVICE I hereby certify that I served copies of Illinois' Answer To Motions By NRC Staff And Applicants On Prairie Alliance Contention 5 on the persons listed on the attached Notice by causing them to be deposited in the United States mail, first class, postage prepaid, on this 21st day of December, 1981.

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/ PHILIP L. WILLMAN l

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