ML20070T204

Answer Opposing Applicant Motion for Summary Disposition of Prairie Alliance Contention Vi.Motion Fails to Resolve & Address All Issues of Fact Raised in Contention.All Relevant Documents Not Available to Alliance.Certificate of Svc Encl

ML20070T204
Person / Time
Site:	Clinton
Issue date:	02/03/1983
From:	Foy J, Plant R PRAIRIE ALLIANCE
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8302080248
Download: ML20070T204 (10)

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UNITED STATES OF AMERICA

[~ NUCLEAR REGULATORY COMMISSION W.".05?

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) ,O cco

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ILLINOIS POWER COMPANY, et al. ) Docket No. 50-461 OL

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(Clinton Power Station, Unit 1)

PRAIRIE ALLIANCE'S AN5rdR IN OPPOSITION TO APPLICANTS' MOTION FOR SUM 4ARY DISPOSITION OF PRAIRIE ALLI_ANCE CONTENTION VI Pursuant to.Section 2.749 of the Rules of Practice of the Nuclear Regulatory Commission ("NRC"), Prairie Alliance hereby responds to the Motion for Summary Disposition of Prairie Alliance Contention VI (the " Motion") filed by Illinois 1

Power Company, Soyland Power Cooperative, Inc., and Western Illinois Power Cooper- i e  !

ative (" Applicants") . Applicants' motion for Summary Disposition should not be granted for the following reasons:

1. There remain disputed issues of fact which are neither resolved nor addressed by the Motion.. --

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2. All of the facts and documents relevant to Prairie Alliance Contention VI (the " Contention") remain in the possession of the Applicants and have not been made available to Prairie Alliance.

l In support, Prairie Alliance states as follows:

1. The motion should be dismissed because it fails to address all of the issues raised in the Contention. On November 10, 1982 the Atomic Safety and icensing Board approved the Contention as follows:

General Electric recently announced that it will withdraw from the nuclear hardware market. The effects of this with- i l

drawl have not been considered by the Applicants nor the Staff. l This withdrawl is especially germane in light of Applicants' lack of experience in operating nuclear plants and its future i need relative to plant servicing and des.ign modifications man-l' dated by present and future Commission regulations and orders.

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In its brief in support of the Contention, then Supplemental Contention 4, Prairie Alliance referred to an article in the December, 1981 issue of

" Electrical Week" (attached as Exhibit 1)'in which the Chairman and Chief Executive Officer of GE states that GE is withdrawing from the sale of nuclear power plants and nuclear steam supply systems.

j The Applicants' Motion and the affidavit filed in its support by W.H.

Bruggeman (the "Bruggeman Affidavit") contain only a general statement that GE has intentions of remaining active in the " nuclear business".

The phrase " nuclear business", however, is extremely broad and could encompass all activities ranging from public relations to manufacture of reactor com-ponents. It remains unknown whether the Applicants or staff L.ve fully considered the effects of GE's decision to stop supplying major nuclear hardware. It remains unknown whether GE will remain in a capacity sufficient to supply major components throughout the lifetime of the Clinton Power Station. It remains unknown whether major reactor components used in lieu of GE components can guarantee an acceptable level of safety. The precise

- terms of GE's service and maintenance obligations remain unknown.

The Bruggeman Affidavit and the Motion therefore fail to resolve and address issues of fact raised in the Contention.

2. The Motion should be dismissed because all of the facts and documents relevant to the Contention remain in the possession of the Applicants and ,

i have not been made available to Prairie Alliance. On January 5, 1983, Prairie Alliance filed a document entitled " Motion to Compel Production of Documents" (Exhibit 2) requesting Applicants to produce documents directly relevant'to the Contention pertaining to contract agreements and correspondence 1

between GE and the Applicants. To date, Applicants have not produced these

e documents. Prairie Alliance has repeated this .equest for these and other documents ir, the form of a Request for Production of Documents,- filed on .

January 28, 1983 (Exhibit 3). It would be extremely prejudicial to dismiss the Contention before discovery has been allowed or completed.

THEREFORE, because: 1. There remain numerous and genuine issues of fact raised by the Contention; and, 2. All of the. facts and documents relevant to the Contention remin in the possession of the Applicants and have not been made available to Prairie Alliance, the Board should dismiss Applicants' Motion for Summary Disposition of Prairie Alliance Contention VI.

Respectfully submitted BY: _

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Randall L. Plant i

Jean Foy Representatives for:

Prairie Alliance P.O. Box 2424, Station A l Champaign, IL 61820 DATED: February 3, 1983 l

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d- UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISSION In the Matter of )

ILLINOIS POWER COMPANY, et al. Docket No. S0-461 OL (Clinton Power Station, Unit 1) )

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STATEMENT OF MATERIAL FACTS AS TO WHICH THERE ARE GENUINE ISSUES TO BE HEARD

1. General Electric has announced it will no longer manufacture or supply major nuclear components.

2. The effects of General Electric's decision to no longer manufacture or supply major components of the Clinton Power Station have not been considered by the Applicants.

3. General Electric will not be in a position to supply major compo-nents for the Clinton Power Station throughout its lifetime.

4. Replacement components used in lieu of components manufactured by General Electric cannot guarantee an acceptable level of safety.

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.j E ' Exhibit I INSIDE THIS ISSUE

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j H GE BOWING OUT OF NUCLEAR HARDWARE MARKET; WESTINGHOUSE WILL STICK-I General Electric is bowing out of the nuclest hardware market, sees no domestic reactor orders in sight for a decade and expects to ship out itsisst nuclest steam supply system n 1986 or shordy therestter. INi~

the big diversified manufacturer will continue to compete aggressively in the nuclear plant servicing and nu.

clest fuel businesses including fuel reloadings. Wgehnuse, the other major U.S. supplier of nuclear power plants, plans to pick it not - beating the bushes tur oversess_ business until the domestic market comes bsek.

With favorsble shifts in political and regulatory attitudes, Westine_houstbelieves U.S.vtthtics.sp.u.ld. resume p!scing nuc! car plant orders in four _or Greysrs. For other hesvy electric utility equipment, the market sp.

praisals of the top men at GE and Westinghouse are less divergent.

Spesking before some 300 security analysts and newspeople in New Yorklast Tuesday, GE chairmen

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and chief executive ofGcer John Welch said,"Our planning does not anticipate any new nuclear plant orders."

j He said GE would work off its backlogs and remain in the nuclest fuel and nuclest plarit servicing businesses

' where it expects to tum a proGt. "If we were starting again, we would not enter this business." Welch told

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1 his attentive audience.

Fo!!owing the forms! presentation,GE executive vice presiderit and poweisystems sector executive Herman Hill said he expects to ship out the last of the nuclear plants now on order by the end of 1986. Con-tacted iater, Hill said that would include the overseas orders for which GE is presently competing, but extend.

ed his deadline to "1986 or in that time frame." He said he doesn't foresee any U.S. nuclest plant onders be-inc p!sced in the next decade, and he doesn't know whether the nuclest option in the U.S. wd1 be revived _

l liter that. He said he wUl keep an engineerint staff together for the servicing activity -hinting tius could be

( f a nucleus for expansion if GE sees things differently in the future. .

l At Westinchouse, power systems president Gordon Huribert said he std! believes in "the nuclest imper-

] stive" and has faith that American citizens wul arrive at the "nght trade. offs" smong safety, economics and

, fuel conservation. To revive the nuclear power option in the U.S., he said,"we must elimmste the uncertain.

ties" now involved in the permitting process. "If some of these uncertainties are eliminated and inflation comes I down," Hurlbert said,"we would expect to see nucl:.sr orders ptsced by U.S. utUities willun four or live years."

l Meanwhile, Hurlbert said, Westinghouse wUl be working the overseas markets - Taiwan ~ S Kores, Japan, England (which has studied the,possiblisty os gom; to Westmghouse. type pressurized o - :esctors) and Italy. Noting that Westinghouse has s! ready closed down its Tamps, Fis., nuclest component production facility, Hurlbert said steam generators and internals are being produced at ;ts Pensacols, Fis., plant. He said the major disadvantage U.S. heavy equipment supphers have m working the overseas markets is the lack of

. competitive financing through the Export.!mport Bank c.r ot%r institutions. For some ofits oversess work,

! Hurlbert said, Westinghouse is turning to foreign "sourcing" ,nsnufseturing compone'ils in countries which wdl fumish competitive financing for export deals. He said swh "sourcing" may be suggested for l'.S. equip.

ment orders, but that wiU depend on how U.S. buyers feel about such arrangements. "It wouM w jobs out of this country," he said.

Elecmeal Week is published every Monday by McGraw Hill. Inc.,1221 Avenue or the Arne .cas.

TELEPHONES New York, N.Y.10020. Orficers of the Corperauon: Harold W. McGraw, Jr., Churman .nd Cruel Subscription sniormation:

Emeeutive Officer: Joseph L. Dionne, President and Chief Operanng Officer: Robert N.1.ar. des, TOL R E 00 2 87) '

Jesse Mock, EJnor Danic! Tanz Asstrute Editur Cary Aderman, Washingt.a LJitor

- News offices: oeadttne for news: 5 p m. Thursday. Subs 3enon.r.uq_JMjjlvr,in tJ.S. & Canaca:!t.C :rewhere New York (212) 997 2904 (aar maaldebwered). Additional subscripuons alter f arst to use address. .n same enveloy . ~ e,c h Mshington (202) 62 M571 in tJ.S. & Canada.5425/yr elsewhere. O Copyright 1981 by McGraw HiU tnc. All rir ::eserved.

Reproduction in any form whatsoever for bidden withous es press permission cf the copfw. owner, tSSN % 1695

f a' Exhibit 2 UNITED STATES OF AMERICA 4 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of e et s. 0 ILLINOIS POWER COMPANY, et.al. 0] 9 (Clinton Power Station, Unit 1)

! PRAIRIE ALLIANCE'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS '

TO APPLICANTS Prairie Alliance moves the presiding officer for an order compelling applicants, Illinois Power Company, Soyland Power Company, and Western Ill-inois Power Cooperative, Inc., to produce documents.

1. Identify and supply all contracts, including all subsequent amendments to date, between Illinois Power Company (IP) and General Electric Company (GE) relating to GE's obligation to carry out and supply hardware for all design modifications at Clinton Power Station (CPS) which may be mandated by present and future NRC decisions. ,

2. Identify and supply all contracts, including all subsequent amendments.

to date, between IP and GE relating to the maintenance and the replacement of c' omponents of the Nuclear Steam Supply System and associated nuclear -

hardware components supplied by GE at CPS.

3. Identify and supply all correspondence between IP and GE relating to 1

GE's decision to withdraw from the nuclear hardware market.

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Respectfully submitted, BY: M itP@ - - -

Randall L. Plant Prairie Alliance P.O. Box 2424, Station A Champaign, IL 61820 i.

I DATED: 3 January,1983 1

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v. Exhibit 3 UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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ILLINOIS POWER COMPANY, et al. ) Docket No. S0-461 OL

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(Clinton Power Station, Unit 1) )

PRAIRIE ALLIANCE'S REQUEST FOR PRODUCTION OF DOCUMENTS Prairie Alliance hereby requests that Illinois Power Company, et al. (IP) produce the documents and supply the information listed below, pursuant to

, 10 C.F.R. 5 2.741. Prairie Alliance requests that IP produce said documents, ,

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for inspection and copying, at a location convenient to both parties by February 28, 1983, or at such a time as Prairie Alliance and IP may agree.

1. Identify and supply all contracts, including all supplemental amendments to date, between Illinois Power Company (IP) and General Electric Company (GE) relating to GE's obligation to provide service, maintenance, and' the replacement of hardware components at the Clinton Power Station (CPS).

2. Identify and supply all correspondence between IP and GE relating to,.

GE's decision to withdraw from the Nuclear Steam Supply System (NSSS) market.

3. Identify the devisions or departments at GE which have responsibity for the design, the engineering, the maintenance, and the construction of the:

a) NSSS b) Turbine-generator r&- ' + - - , . ~ - _

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4. For the divisions and departments listed in 3(a) and 3(b), state the following:

a) Number of total employees in each department or division in 1970, 1975 and 1983, and anticipated number of employees in each department or division in the years 1983-1985 and 1985-1990.

b) Numbe of engineers employed in each department or division in 1970, 1975, and 1983, and anticipated number of engineers employed in each department or division in the years 1983-1985 and 1985-1990.

5. Identify the number of GE NSSS units sold in each of the last ten years.

Identify and supply current forecasts for anticipated sales of GE NSSS units in the years 1983-1985, 1985-1990, and for 1990 and beyond.

Respectfully submitted, BY: I bkb 0~L s/ /

Randall L. Plant Jean Foy

. Representatives for:

Prairie ance P.O.- Box .: ..! 4 Station A Champaign, IL 61820 DATED: 28 January, 1983 .

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/. UNITED STATES OF AMERICA NUCLEAR REGULATORY CO WISSION J

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i

In the Matter of )

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ILLINOIS POWER COMPANY, _et _al. ) Dociet No. 50-461 OL j (Clinton Power Station, Unit 1) )

CERTIFICATE OF SERVICE We hereby certify that copies of " PRAIRIE ALLIANCE'S ANSWER IN OPPOSITION TO APPLICANTS1 K) TION FOR SUMARY DISPOSITION OF PRAIRIE ALLIANCE CONTENTION VI" in the above-captioned proceeding have been served upon the following by deposit in the United States mail, first class, this 3rd day of February, 1983.

Hugh K. Clark, Esq., Chairman Philip L. Willman Administrative Judge Assistant Attorney General P.O. Box 127A Environmental Control Division Kennedyville, Maryland 21645 188 W. Randolph, Suite 2315 Chicago, IL 60601 Dr. George Ferguson *-

Administative Judge Reed Neuman, Esq.

School of Engineering Assistant Attorney General i

Howard University 500 South Second Street 2300 Sixth Street, N.W. Springfield, IL 62701 Washington, D.C. 20059 Docketing and Service Section Dr. Oscar Parish Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission ,

Washington, D.C. 20555 Atomic Safety and Licensing Appeal Board Panel i Richard Goddard, Esq. U.S. Nuclear Regulatory Commission Office of the Executive Legal Washington, D.C. 20555 Director U.S. Nuclear Regulatory Commission Washington, D.C. 20555, Charles D. Fox IV, Esq.

i Schiff Hardin and Waite 7200 Sears Tower 233 South Wacker Drive h b7v Chicago, IL 60606 RddallL. Plant Jean Foy Atomic Safety and Licensing Board Panel Representatives for:

U.S. Nuclear Regulatory Commission Prairie Alliance Washington, D.C. 20555 P.O. Box 2424, Station A Champaign, IL 61820

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