ML20058J622

Notice of Appeal of ASLB 820629 Denial of Petition to Participate as Interested State.Issue of Lack of Feed & Bleed Backup for Emergency Feedwater Sys Must Be Resolved Before OL Issued.Certificate of Svc Encl

ML20058J622
Person / Time
Site:	Waterford
Issue date:	08/06/1982
From:	Watkins L LOUISIANA, STATE OF
To:
References
ISSUANCES-OL, NUDOCS 8208110138
Download: ML20058J622 (8)

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OOCKETED UNITED STATES OF AMERICA d3 lRC NUCLEAR REGULATORY COM?iISSION APPEAL BOARD .

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QOliCH' LOUISIANA POWER AND LIGilT COMPANY DOCKET NO. 50-382-OL (Waterford Steam Electric Station August 6, 1982 Unit 3)

NOTICE OF APPEAL The purpose of this appeal is to appeal the denial of the petition of the State of Louisiana to participate as an Interested State in Facility Operating License Proceedings as per a telephone conversation with the Atomic Safety and Licensing Board Members as initiated by Sheldon Wolfe, Chairman of the Board on April 16, 1982. Formal service of this order denying the states' petition was made by mail on July 29, 1982.

This appeal is made to the Nuclear Regulatory Com-mission Appeal Board with special attention to the provisions of 40 FR 2973 (b) and (c) [10 CFR 2-760]

% (b) In an operating license proceeding, the board will determine the matters in controversy among the parties and, in extraordinary cir-cumstances where the board determines that a 8208110138 820806 DR ADOCK 05000 503

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l serious safety, environmental, or common defense and security matter was not raised by the parties, the board will determine such matter as the issues to be decided.

Those issues will be specific in the notice of hearing issued by the Commission, or in a prehearing conference order issued by the board, or in an order issued by the board in exercise of its discretion during the hearing.

The issues will be the matters in con-troversy among the parties or raised by the board within the purview of the following:

(1) Whether there is reasonable assurance that construction of the facility will be sub-stantially completed, on a timely basis, in conformity with the construction permit and the application as amended, the provisions of the Act, and the rules and regulations of the Commission; (2) Whether the facility will operate in 4 conformity with the application as amended, the provisions of the Act, and the rules and regulations of the Commission; (3) Whether there is reasonable assurance (i) that the activities to be authorized by the

operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; (4) Whether the applicant is technically and financially qualified to engage in the activities to be authorized by the operating license in accordance with the Commission's regulations; (5) Whether the applicable provision of 10 CFR Part 140 have been satisfied; (6) Whether issuance of the license will be inimical to the common defense and security or to the health and safety of the public; and (7) Whether with respect to the requirements of section 102 (2) ( A) , (C) and (E) of the National Environmental Policy Act, in accordance with Part 51, the operating license should be issued as proposed.

(c) The board, in operating license proceedings, 2, will make findings on the matters in controversy among the parties and any matter not raised by i

the parties but examined by the board in its discretion in accordance with paragraph (b) of I

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this section and S2.760a. Depending on the re- f solution of those matters, the Director of 1

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Nuclear Reactor Regulation or Director of Nuclear Material Safety and Safeguards, as appropriate, would issue, deny, or appropriately condition the operating license.

On March 18, 1982 the Atomic Safety and Licensing Board raised an issue sua sponte because the Board was not satisfied that issue would be resolved to the Board's satis-faction. The issue is the Feed and Bleed Capacity of the Water-ford 3 Station. The system as designed does not include the capability for rapid depressurization following shut down and hence a feed-and-bleed backup for the EFWS is not available.

The Board noted at the time of its ORDER that the issue of " Feed and Bleed Capability" may have serious safety consequences.

Nevertheless, on April 27, 1982 the sua sponte issue was withdrawn on the basis of Applicant's motion to re-l consider. The basis for the withdrawal of the issue was not that there was no serious safety issue, the basis for this a withdrawal was that the issue will be explored on a generic

' basis.

The appropriateness of sua sponte issues is well documented in the Board's Memorandum, and so the resolution

of issues on a generic basis to save valuable time and NRC staff energy. It is not here the appeal of these procedures but that the generic resolution of this safety issue for this plant appears to be delayed indefinitely while the Project Manager, Susan Black, certifies that there are no outstanding safety issues. See Memorandum of June 7, 1982 The appeal before this Board is then as follows:

The Licensing Board has determined that reliability of EFWS is a serious safety question; the issue should be resolved i

generically (sometime in the future); there are no outstanding safety issues.

Whether the State of Louisiana or the Licensing Board continues this issue procedurally of no moment. How can it be that a safety issue no longer exists when it is to be resolved in the future?

The over whelming concern of the State of Louisiana in these matters is for the health of its citizens. If safety 1

issues are unresolved when the plant goes on line, what is the time frame for resolving the issues? Is there a greater danger to citizen atomic plant workers when a rapid depressurization system is installed after fuel loading?

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- The State of Louisiana does not believe that the appeal of this issue being designated as a generic issue is untimely because the issue was raised by the Board. It is the ll I

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i lack of resolution of the issue in any time frame after fuel 4

. loading that is untimely. Moreover,the technological studies f supporting the seriousness of the issue is of relatively re-

cent orgin (See the March 18, 1932 Licensing Board Memorandum ,

and Order) i

• Respectfully submitted, t

WILLIAM J. GUSTE, JR. t f Attorney General 1

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By:

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LINDA B. WATKINS Assistant Attorney General Department of Justice l

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7434 Perkins Road Suite C Baton Rouge, Louisiana 70808 i: (504) 766-8610 l i 1

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Appeal has been mailed on the (? day of -rt c- n,,I , 19 8 2 postage pre-paid, first class U.S. Mail to the following:

j 1. Secretary to the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 '

Attention: Docketing and Service Section

2. Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555

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ltCTC>tm LINDA B. WATKINS Assistant Attorney General 4

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UNITED STATES OF AMERICA ."

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NUCLEAR REGULATORY COMMISSION -o. ..

.t APPEAL BOARD c Of /;+ . "' '

lh5C0 In the Matter of LOUISIANA POWER AND LIGHT COMPANY DOCKET NO. 50-382-OL (Waterford Steam Electric Station, August 6, 1982 Unit 3)

SERVICE LIST Sheldon J. Wolfe, Esq. Ernest Blake, Esq.

Atomic Safety and Licensing Shaw, Pittman, Potts & Trowbridge Board 1800 M Street, N.W.

U.S. Nuclear Regulatory Washington, D.C. 20036 Commission Washington, D.C. 20555 Luke Fontana, Esq.

Gillespie & Jones Dr. Walter H. Jordan 824 Esplanade Avenue 881 West Outer Drive New Orleans, Louisiana 70116 Oak Ridge, Tennessee 37830 Lyman L. Jones, Jr., Esq.

Dr. Harry Foreman Gillespic & Jones Center for Population Studies P. O. Box 9216 Box 395, Mayo Metairie, Louisiana 70002 University of Minnesota Minneapolis, Minnesota 55455 Ms. Doris Falkenheiner Public Law Utilitics Group Counsel for NRC Staff 535 North Sixth Street Office of the Executive Legal Director Baton Rouge, Louisiana 70825 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 W. Malcom Stevenson, Esq.

4 Monroc & Lemann

~ Louisiana Power and Light Company 1424 Whitney Building

' ATTN: Mr. D. L. Aswell, V. Pres. New Orleans, Louisiana 70130 Power Production 142 Delaronde Street Seth Low,Esq.

New Orleans, Louisiana 70174 Department of Natural Resources State of Louisiana Legal Division P.O. Box 44396 Baton Rouge, Louisiana 70804