ML20063H035

Motion to Add New Contention 26 Re Apparent Applicant Violation of 10CFR50,App A,Criterion 1,requiring Possession of Design Criteria for Pipe Support Sys & Components at Site.Certificate of Svc Encl

ML20063H035
Person / Time
Site:	Comanche Peak
Issue date:	08/26/1982
From:	Ellis J Citizens Association for Sound Energy
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8209010289
Download: ML20063H035 (9)

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, ., - n ,e 8/26/82 ,h UNITED STATES OF AMERICA 0ggya b NUCLEAR REGULATORY COMMISSION 4 11 BEFORE THE ATOMIC SAFETY AND LICENSING B0gD A93 30 P2:27 jj In the Matter of SgCRgAl{'( .

APPLICATION OF TEXAS UTILITIES I I

Docket tYos. M 445 GENERATING COMPANY, ET AL. FOR and 50-446 AN OPERATING LICENSE FOR I + e COMANCHE PEAY, STEAM ELECTRIC I STATION UNITS #1 AND #2 I (CPSES) -

l CASE'S MOTION TO ADD NEW CONTENTION 26 ,

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. Pursuant to 10 CFR 2.730, CASE (Citizens Association for Sound Energy),  ;

Intervenor herein, hereby files this, its Motion to Add New Contention 26. $

The contention which CASE moves the Board to accept for litigation in these proceedings may already be within the scope of CASE's Contention 5, at least in part. However, because of the far-reaching implications of this contention, we want to. be certain that a full and complete record can be obtained regarding it and therefore believe the instant motion to be necessary.

PROPOSED CONTENTION Con tention 26. Applicants do not possess copies of the design criteria for "

pipe support systems and components used at CPSES. Therefore, the require- . ,!

ments of 10 CFR Part 50, Appendices A and B, cannot be met.

I BASES FOR PROPOSED CONTENTION .f BACKGROUND. On August 9,1982, CASE filed its Twelfth Set of Interrogatories 1

'to Applicants and Requests to Produce. Included in those Requests to Produce l were certain documents pertaining to ITT Grinnell and NPSI pipe supports at - i l Comanche Peak, as .well as other documents. On Friday, August 20, 1982, CASE initiated a conference telephone call between the Board and all parties to )

request the Board's assistance regarding several matters, including Applicants' 8209010289 820926 PDR ADOCK 05000445 G PDR bD3 .

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objection to certain documents and testimony regarding ITT Grinnell and NPSI E pipe supports at Comanche Peak; Applicants had asked that several documents t

brought by Mr. Jack Doyle and introduced as a part of Mr. Doyle's deposition, ,

as well as Mr. Doyle's testimony during the deposition, be stricken from tie record of the deposition insofar as it concerned fTT Grinnell and NPSI design >

cri teria. Applicants' purported reason for this was that ITT Grinnell and NPSI pipe support design criteria are proprietary infonnation. ,

On August 24, 1982, CASE received Applicants' Responses to CASE's Twelfth !I t:;

and Thirteenth Sets of Interrogatories and Requests to Produce. In those y C

Responses', Applicants stated regarding CASE's requests regarding ITT Grinnell, L HPSI, Hilti bolts, and Richmond Inserts, as set forth in CASE's Twelfth Set: l,.

Question: "9. Provide for inspection and copying the NPSI Design Criteria [6 for pipe supports (the official one issued in May,1981)." I Response: " Applicants do not possess a copy of this document. CASE should b a

submit a request directly to NPSI at the following address: ~

NPS Industries, Inc. f-One Harmon P1aza e Secaucus, N.J. 07094" Ques tion: "10. Provide for inspection and copying all documents (in the E broad sense of the word, including but not limited to: internal ,

memoranda, papers, letters, handwritten notes, etc.) which wem ,

used to define the method used to detennine the tensile force -

6-in the Richmond Inserts." ,

Response: "The only information in Applicants' possession regarding  :.

this topic is contained in the PSE Design Manual. See Response to Question 15. Any further information CASE seeks on this topic  !(t must be requested directly from NPSI or ITT Grinnel." j (NOTE: Applicants agreed to provide for inspection and copying the entire '

i volume of the curmnt PSE design criteria for pipe supports at CPSES, as

! mquested in CASE's Question 15, and CASE now has a copy of it.)

Question: "12. Provide for inspection and copying the current Grinnell l

Design Criteria for pipe supports at CPSES."

l Response: " Applicants do not possess a copy of this document. CASE should I submit a request directly to ITT Grinnel at the following address:

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(Question 12; continued):

ITT Grinnel Corporation j 260 W. Exchange St.

• Providence, R.I. 02901" J Question: "16. Pmvide for inspection 6nd copying a copy of the Hilti '

allowables and the procedures for the analysis."

Response: "To the extent this information is within Applicants' possession, it is set forth in the PSE Design Manual. See Response to Question 15. If CASE seeks any further information on this topic it should contact dimctly NPSI or ITT Grinnel."-

Question: "17. Provide for inspection and copying a copy of FUB II and the instructions of how to use the FUB II information (i.e.,

the entire procedure for using all of the information off of .

FUB II) to detennine the capacity of the Hilti bolt."

Response: " Applicants do not possess this infonnation. CASE should mquest the information directly from ITT Grinnel." .

i 10 CFR 2.741(d) states regarding the production of documents: ,

"The response shall state, with respect to each item or category. that  ;

inspection and related activities will be permitted as requested, unless the request is objected to, in which case the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be speci fied."

It should be noted that, despite their verbal statements in the August 20 telephone conference call, Applicants did not object to supplying the requested infonnation in their written responses to CASE's requests for documents; they .

merely stated that they did not possess the information sought. There was no indication whatsoever in their written responses that the infonnation sought i was of a proprietary nature.

Since the responses to our requests for doc m nts were under oath, one would I

assume that the information contained in R" re nanses was true and correct.

However, it should be noted that at least ,ome u- tne information sought by CASE in its requests for documents is (or was) available on site, according

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to the sworn depositions of sone of the witnesses CASE has recently deposed.

This was indica'ted in the deposition, for example, of Mr. Jack Doyle, who

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1 brought with him (and CASE introduced as an Exhibit to his deposition) some of the supposedly proprietary information to which Applicants objected. Since there is nothing in Mr. Doyle's deposition testimony to indicate that he went .;

i to Secaucus, N.J. or Providence, R.I. (where NPSI and ITT Grinnel are located) to_ obtain this information, it would appear logidal to assume that he did indeed obtain those doctznents from the CPSES site. This, in turn, raises grave questions about the accuracy of the infonnation supplied in response to CASE's requests for documents.

If the information requested h available on site, CASE should have been provided the documents requested for inspection and copying, in accordance

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with the Board's directions in the conference call as CASE understood them.

t If the information requested is not available on site, as indicated in Applicants' '

. sworn answers to CASE's requests to produce, this is sufficient basis in and of f i

itself to support CASE's proposed new Contention 26, as demonstrated in the following.

I R_Er0LATIONS AND REQUIREMENTS SUPPORTING CASE'S MOTION:

10 CFR Part 50, Appendix B -- Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants, states, in part:

"This appendix establishes quality assurance requirements for the design, -

• construction, and operation of those structures, systems, and components. p The pertinent requirements of this appendix apply to all acti'vities affect- ,

ing the safety-related functions of those structures, systems, and compo- i-nents; these activities include designing, purchasing, fabricating, handling, shipping, storing, cleaning, erecting, installing, inspecting, testing, operating, maintaining, repairing, refueling, and modifying. a, "As used in this appendix,. ' quality assurance' comprises all those planned and systematic actions necessary to provide adequate confidc.1ce that a structure, system, or component will perform satisfactorily in service.

Quality assurance includes quality control, which comprises those quality assurance actions related to the physical characteristics of a material, structure, component, or system which provide a means to control the ,

quality of the material, s tructure, component, or system to predetermined requirements . .-

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"I. Organization (

"The applicantl shall be responsible for the establishment and execution h of the quality assurance program. The applicant may delegate to others, 3

, such as contractors, agents, or consultants, the work of establishing  !

and executing the quality assurance program, or any part thereof, but r shall retain responsibility therefor. The authority and duties of persons l and organizations perfonning activities affecting the safety-related functions c of structures, systems, and components shall*be clearly established and t l delineated in wri ting. . . i Quality Assurance Program "II.

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"... Activities affecting quality shall be accomplished under suitably con- j tmlled conditions. Controlled conditions include... assurance that all i, prerequisites for 'he given activity have been satisfied. The program i shall take into account the need for special controls, processes, test 3

. equipment, tools, and skills to attain the mquired quality, and the need 'i for verification of quality by inspection and test. The program shall j prwide for indoci.rinat. ion and training of personnel perfonning activities  ;

affecting quality as necessary to assure that suitable proficiency is achieved e, and maintained...

"III. Design Control g it'

" Measures shall be established to assure that applicable regulatory require- g ments and the design basis, as defined in paragraph 50.2 and as specified ;r in the license application, for those structures, systems, and components b to which this appendix applies are cormctly translated into specifications,  :< s drawings, procedures, and instructions. These measures shall include pro- 7 visions to assure that appropriate quality standards are specified and in- ,1 cluded in design documents and that deviations from such standards are con-trolled. Measures shall also be established for the selection and review

[t for suitability of application of materials, parts, equipment, and processes ),

that are essential to the safety-related functions of the structures, systems  :;, ,

and components. . f

" Measures shall be established for the identification and control of design interfaces and for coordination among participating design organizations. O These measures shall include the establishment of procedures among parti- Tij cipating design organizations for the review, approval, release, distri- h bution, and revision of documents involving design interfaces.

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"The design control measures shall provide for verifying or checking the U

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...These criteria will also be used for guidance in evaluating the adequacy -

of quality assurance programs in use by holders of construction permits and 1 operating licenses."

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adequacy of design, such as by the performance of design mviews, by the -

use of alternate or simplified calculational methods, or by the perfomance of a suitable testing program. The verifying or checking process shall be performed by individuals or groups other than those who performed the original design, but who may be from the saae organization. Whem a test program is used to verify the adequacy of a specific design feature in lieu of other verifying or checking processes, it shall include suitable qualifica-tion testing of a prototype unit under the most adverse design conditions.

Design control measums shall be applied to' items such as the following:

reactor physics, stress, thermal, hydraulic, and accident analyses; compati-bility of materials; accessibility for inservice inspection, maintenance, and repair; and delineation of acceptance criteria for inspections and tests.

" Design changes, including field changes, shall be subject to design control .

measures commensurate with those applied to the original design and be [

approved by the organization that perfomed the original design unless the  ;

applicant designates another responsible organization. >

"V. Instructions, Procedures, and Drawings n G

" Activities affecting quali ty shall be prescribed by documented instructions, E procedures, or drawings, of a type appropriate to the circumstances and i shall be accomplished in accordance with these instructions, pmcedures, l or drawings. Instructions, procedures, or drawings shall include appro- I priate quantitative or qualitative acceptance criteria for determining that d important activities have been satisfactorily accomplished.

"VI. Document Control [

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" Measures shall be established to control the issuance of documents, such i as instructions, pmcedums, and drawings, including changes thereto, which E prescribe all activities affecting quality. These measures shall assum -

that documents, including changes,, are reviewed for adequacy and approved for release by authorized personnel and am distributed to and used at the j location where the prescribed activity is performed _...

"XI. Test Control f "A test program shall be established to assure that all testing required g!

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to demonstrate that structures, systems, and components will perfonn satis- E l factorily in service is identified and performed in accordance with written E test procedures which incorporate the requirements and acceptance limits [!;

contained in applicable design documents...

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"XV. Nonconforming Materials, Parts, or Components .

" Measures shall be stablished to control materials, parts, or components 5 which do not confonn to requirements in order to prevent their inadvertent @

use or installation. .. -

"XVI. Cormctive Action .

" Measures shall be estbalished to assure that conditions adverse to quality, e such as failures, malfunctions, deficiencies, deviations, d.efective material and equipment, and non-conformances are promptly identified and corrected.

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In the case of significant conditions adverse to quality, the measures shall li

• g assure that the cause of the condition is determined and corrective action fs taken to preclude repeti tion. The identification of the significant i condition adverse to quality, the cause of the condition, and the corrective action taken shall be documented and reported to appropriate levels of [

management. }

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" XVII. Quality Assurance , Records  :

" Sufficient records shall be maintained to furnish evidence of activities  !  ;

af fecting quality. The records shall include at least the following:  : i Operating logs and the results of reviews, inspections, tests, audits,  ;

monitoring of work performance, and materials analyses. The records shall also include closely-related data such as qualifications of personnel, procedures, and equipment. .. Records shall be identifiable and mtrievable.

Consistent with applicable regulatory requirements, the applicant shall establish mquirements concerning record retnetion, such as duration, location, and assigned responsibility..."

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10 CFR Part 50, Appendix A, states in part: *k

" CRITERIA f f

"I. Overall Requirements  ;

" Criterion 1 -- Quality standards and records... Appropriate records of the f

design, fabrication, erection, and testing of structures, systems, and com- F ponents important to safety _ shall be maintained by or under the control of the nuclear power uni t licensee throughout the life of the unit." fa

-- (Emphases added) g The idea that Applicants are building secret pipe supports at Comanche .

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Peak is completely contrary to the whole idea of having public hearings on 5 U

whether or not Applicants should be granted an operating license. This is i '

especially true in this particular instance, since there is already testimony in the record and additional deposition testimony soon to be provided (as soon f as the court reporter can complete typing it and the individual (s) who were deposed sign a notarized statement as to the truth and correctness of the deposition (s) and we can get the original deposition (s) to the Board) which will indicate that there are major design problems with the pipe supkorts and components in question which may jeopardize the health and safety of the public.

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Applicants' statement in answer to CASE's requests for documents clearly shows that Applicants are in violation of Criterion 1 of Appendix A,10 CFR, Part 50, as well as Criterion VI of Appendix B,10 CFR, Part 50, and other related Criteria. If it should develop (as CASE expects it will) that the statement by Applicants that they do not possess' copies of the documents sought is incorrect, there are other aspects of this matter which CASE believes the Board should also consider prior to granting an operating license for CPSES, and we anticipate filing appropriate motion (s) at that time.

Based on the information now in hand, we urge that the Board grant our instant motion. We further urge that the Board ascertain the true facts of this matter insofar as whether or not Applicants do in fact possess or have

' access to the design criteria for the pipe support systems and components used at CPSES and advise all parties inmediately so that proper motions can be filed prior to the September 13 hearings. CASE does not anticipate at this time that it will be necessary to seek additional time for discovery on this matter, and as far as we know at the present time we will be prepared to go fomard on this contention at the September 13 hearings if Applicants do not I

, possess or have access to the documents requested. Should tne facts indicate that Applicants do possess the documents requested or have access to them, we will proceed from there, with appropriate motions at that time.

Respectfully submitted, n is s ptrs.T Juanita Ellis, President CASE (Citizens Association for Sound Energy) 1426 S. Polk Dallas, Texas 75224 214/946-9446

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UNITED STATES OF AMERICA .'. USNRC NUCLEAR REGULATORY COMMISSION-  !

BEFORE THE ATOMIC SAFETY AND LICENSING BOAR ED 30 P2:27

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la the Matter of I 3 TA g7 I BRANCH -

APPLICATION OF TEXAS UTILITIES I Docket Nos. 50-445 .,,.

GENERATING COMPANY, ET AL. FOR AN I and 50-446 ,

OPERATING LICENSE FOR COMANCHE I PEAK STEAM ELECTRIC STATION X e

UNITS #1 AND #2 (CPSES) X CERTIFICATE OF SERVICE ,

By my signature below, I hereby certify that true and correct copies of CASE's Motion to Add New Contention 26 ,

have been sent to the names listed below this 26th day of August , 1982, by:

Express Mail where indicated by

• and First Class Mail elsewhere. ,

• Administrative Judge Marshall E. Miller David J. Preister, Esq. ']

U. S. Nuclear Regulatory Commission Asnistant Attorney Geh ral # '!1 i

Atomic Safety and Licensing Board Panel Environmental Protection Division W:shington, D. C. 20555 P. O. Box 12548, Capitol Station - -

Austin, TX 78711 l

• Dr . Kenneth A.'McCollom, Dean Ms. Lucinda Minton -j

- Division of Engineering, Architecture , Panel Law Clerk ~ .4 and Technology Atomic Safety & Licensing Board Pa'nel N Oklahoma State University U. S. Nuclear Regulatory Comission **

a' Stillwater, Oklahoma 74074 Washington,.D. C. 20555

• Dr. Richard Cole, Member Atomic Safety and Licensing Atomic Safety and Licenr,ing Board Board Panel U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Washington, D. C. 20555

• Nicholas S. Reynolds, Esq. Atomic Safety and Licensing ,

Debevoise & Liberman Appeal Panel 1200 - 17th St., N. W. U. S. Nuclear Regulatory Commission W:shington, D. C. 20o36 washington, D. C. 20555

• Marjorie Ulman Rothschild, Esq. Docketing and Service Section - N.

Office of Executive Legal Director Office of the Secretary U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission W:shington, D. C. 20555 Washington, D. C. 20555

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/J4Fs.) Juanita Ellis, President ..,

tX.ASE (Citizens Association for Sound Energy) ,,

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