ML20062K804

Motion to Reopen Record & Conduct Further Proceedings Re QA Deficiencies & Uncorrected safety-related Defects.Ol Should Be Denied Until Deficiencies Corrected.Aslb 820804 Order Authorizing Operation Should Be Stayed.W/Certificate of Svc

ML20062K804
Person / Time
Site:	Summer
Issue date:	08/10/1982
From:	Bursey B BURSEY, B.
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8208180013
Download: ML20062K804 (4)

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. .s HUCLEAR REGULATORY C0!f11SSION i

ATOMIC SAFETY AND LICENSING BOARD

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SOUTH CAROLINA ELECTRIC AND GAS - b C0!iPANY, et al.

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Docket No. 50-395 OL OFFICE OF SECRETARY Virgil C. Sumer Nuclear Station, DOCMETING & SERVICC BRANCH Unit 1

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INTERVENOR'S MOTION TO RE0 PEN THE RECORD AND CONDUCT FURTHER PROCEEDINGS AND REQUEST FOR A STAY Intervenor hereby moves to reopen the record and conduct further proceedings in this matter including discove'ry and further evidentiary hearings to consider newly discovered evidence of serious quality assurance deficiencies and uncor-rected safety-related defects in the Summer plant. I request thai; the operating license for the plant be denied unless these defects are fully corrected and that a stay of the Board's August 4,1982 Decision and the operation of the plant be granted pending such reopening.

The attached affidavit of Harold L. Jennings, a former cadwelder who worked on the Summer plant containment building during 1975 and 1976, states that he personally falsified 30 to 40 cadwelds on the heaviest grade #18 reinforcing bars, knows that other welders on his shift engaged in this practice, and believes this practice to have been common at the plant. He states that few of these false cadhelds were caught by quality control inspection and corrected.

Mr. :Jennings informed me of this' practice on July 22, 1982, but at that time declined to publicly reveal his identity, stating to me that he feared for his personal safety and for the safety of his family from reprisals by the con-structor of the plant, Daniel International, and SCE&G. On August 6,1982, he agreed to make his identity and infonnation public in order to prevent the imminent operation of the plant before these safety defects are corrected.

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In the licensing hearing for the plant the Board considered my quality control (QC) contention 9:~ -

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The quality control of the Summer plant is substantially below NRC standards as evidenced by consistently substandard workmanship in several aspects, during the construction of the plant.

In its Supplemental Partial Initial Decision dated August 4,1982, on page 30 the Board ruled for SCEaG on my QC contention 9:

57. Despite such examples of soft testimony, however, we find from the evidence adduced that there is reasonable assurance there will be no uncorrected safety-related inadequacies in the as-built Summer facility, and that the quality control of the construction of the Summer plant is acceptable. (emphasis added)

Proof of the facts stated in tir. Jennings' affidavit would certainly affect the outcome of the licensing proceeding and require a different result from the finding made by the Board on ray QC contention 9. I am making this request at the earliest time that Mr. Jennings' information is availabic.

I believe that it addresses systematic defects of the gravest safety signift-cance.

F.S.A.R. Section 3.8.1.1.1.2 describes the use of cadwelding in joining rebar in the cylinder wall of the reinforced concrete reactor building (the containment). Figure 3.8-11 illustrates the wall reinforcement.

Section 3.8.1.6.2.2 of the F.S.A.R. sta}es: .

Cadweld Splices Reinforcing bars, sizes #11, #14 and #18, are spliced using Cadweld splices.in specified locations. The Cadaeld splices develop the tensile strength of the reinforcement. (emphasis added)

Clearly the defective Cadwelds cannot " develop the tensile strength of the reinforcement." ~

I also hereby request a stay of the Board's August 4,1982 Decision pursuant to 10 CFR Section 2.788 of the Summer plant until this motion to reopen can be considered and these defects corrected.

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I believe that I have made a strong showing that I am likely to prevail on my Motion to Reopen; I believe that I and the general public nay be harmed irreparably if the plant is allowed to operate and the containment is b/eahh'ed in an accident due to the defective welds; any harm to SCE&G must be very slight i

. _ since it does not now need the capacity from the plant and it still must fix the defective steam generators prior to full power operation; the public interest clearly supports full review of these safety defects and their corrections before plant operation.

I first made this request for a Stay and informed the Board and parties of this Motion to Reopen by telephone on August 9,1982. ,

i August 10, 1982 , m Brett Bursey, Intervenor p

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.,3 UNITED STATES OF AMERICA

• bddkETE NUCLEAR REGULATORY COMMISSION .

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD N j$017 A9:54 In the Matter of ) ETfNG fy^gk

) BRANCH South Carolina Electric )

& Gas Company, et al. Docket 50-395 OL

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(Virgil C. Sumer Nuclear )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "Intervenor's Motion to Reopen the Record and Conduct Further Proceedings and Request for a Stay" were served upon the following persons by deposit .in the United States mail, first class postage prepaid this 12th day of August 1982.

Herbert Grossman, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and' Licensing Board Panel Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 George F. Fischer, Esq.

Dr. Frank F. Hooper Vice President and Group School of Natural Resources Executive - Legal Affairs University of Michigan South Carolina Electric &

Ann Arbor, Michigan 48109 Gas Company Post Office Box 764 Mr. Gustave A. Linenberger Columbia, S.C. 29202 Member, Atomic Safety and Licensing Board Panel Steven C. Goldberg, Esq.

U.S. Nuclear Regulatory Office of the Executive Commission Legal Director Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Docketing and Service Section Washington, D.C. 20555 Office of the Secretary ,

U.S. Nuclear Regulatory Patricia R. Davis, Esq.

Commission Office of the General Washington, D.C. 20555 _ Counsel U.S. Nuclear Regulatory Barbara Hamilton, Esq. Commission Assistant Attorney General Washington, D.C. 20555

. South Carolina Attorney General's Office Mr. Joseph B. Knotts, Jr.

P.O. Box 11549 1200 17th Street, NW Columbia, S.C. 29211 Washington, D.C. 20036

.J V V w . .A Brett Bursey i