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Category:INTERVENTION PETITIONS
MONTHYEARML20237B6931998-08-13013 August 1998 Rl Herring (Denial of Operator License for Plant).* Rl Herring Submitted Written Presentation Arguments,Data, Info Matl & Other Supporting Evidence,Per Presiding Officer 980630 Order & 10CFR2.1233.W/one Oversize Drawing ML20091R3491984-06-13013 June 1984 Response Opposing Intervenors Carolina Environ Study Group & Palmetto Alliance Late Filed Proposed Emergency Planning Contention 20 Re Telephonic Notification of Southwest Charlotte.Certificate of Svc Encl ML20091J4831984-05-30030 May 1984 Joint Supplemental Contention Re Specific Emergency Plan for Southwest Charlotte,Nc.Affirmation of Svc Encl ML20084C9391984-04-27027 April 1984 Response Opposing Palmetto Alliance & Carolina Environ Study Group 840412 Motion to Readmit Contentions Re Severe Accidents,Control Room Deficiencies & Lack of Financial Qualifications.Certificate of Svc Encl ML20083L4721984-04-12012 April 1984 Motion to Readmit Contentions Re Severe Accidents,Control Room Design Deficiencies & Lack of Financial Qualifications. Certificate of Svc Encl ML20088A7481984-04-0909 April 1984 Response in Opposition to Palmetto Alliance & Carolina Environ Study Group 840323 Motion to Amend & Suppl Diesel Generator Contentions or Motion for Admission of New Diesel Generator Contention.Certificate of Svc Encl ML20087M4761984-03-23023 March 1984 Motion to Amend & Suppl Diesel Generator Contentions,Or in Alternative,Motion for Admission of New Diesel Generator Contention.Aslb Urged to Grant Motion & Admit Recasted Contention ML20024E0441983-08-0303 August 1983 Request to Participate as Interested Municipality ML20024D2311983-08-0101 August 1983 Response to Palmetto Alliance & Carolina Environ Study Group 830711 Suppls to Petitions to Intervene Delineating Emergency Plan Contentions.Util Does Not Oppose Admission of Contentions 1 & 9,14 & 15 in Part.W/Certificate of Svc ML20076L5821983-07-11011 July 1983 Suppl to Petitions to Intervene Re Emergency Plans.Issuance of OL Would Contravene Nepa,Section 4332,wherein Environ Costs Outweigh Economic,Technical & Other Benefits. Certificate of Svc Encl ML20063N6671982-10-0404 October 1982 Response Opposing Palmetto Alliance & Carolina Environ Study Group 820922 Supplemental Petitions to Intervene ML20063N6691982-10-0404 October 1982 Response to Charlotte-Mecklenberg Environ Coalition 820919 Revised Contention 4.Contention Acceptable.Notice of Appearance & Certificate of Svc Encl ML20071M5231982-09-22022 September 1982 Suppl to Petitions to Intervene Listing Contentions Re Des, Per ASLB 820901 Order.Certificate of Svc Encl ML20071M5321982-09-19019 September 1982 Revised Contention 4,curing Defects in Original Contention by Specifically Addressing Des Analysis & Detailing Why Des Projections of Radiological Genetic & Somatic Effects of Plant Operation Inadequate.Certificate of Svc Encl ML20041C2971982-02-22022 February 1982 Revised Contention 3 Re Radioactive Releases Into Catawba River ML20040F3021982-02-0101 February 1982 Proposed Change to Charlotte-Mecklenberg Environ Coalition Proposed Contention 1 ML20062M6271981-12-0909 December 1981 Amend to Charlotte-Mecklenberg Environ Coalition Petition to Intervene,Per ASLB 811105 Order,Setting Forth Contentions.Affirmation of Svc Encl ML20062M5571981-12-0909 December 1981 Amend to 810727 Petition to Intervene,Listing Contentions. Affirmation of Svc Encl ML20062M3111981-12-0909 December 1981 Supplemental Petition to Intervene in Proceeding & Request for Hearing.Lists Contentions & Bases of Contentions. Certificate of Svc Encl ML20009F8561981-07-24024 July 1981 Petition to Intervene & Request for Hearing.Affidavits Encl ML20010C3981981-07-23023 July 1981 Petition for Leave to Intervene.Certificate of Svc Encl ML20009E6541981-07-22022 July 1981 Petition to Intervene & Request for Hearing.Affidavits, Notice of Appearance & Certificate of Svc Encl 1998-08-13
[Table view] Category:RESPONSES & CONTENTIONS
MONTHYEARML20237B6931998-08-13013 August 1998 Rl Herring (Denial of Operator License for Plant).* Rl Herring Submitted Written Presentation Arguments,Data, Info Matl & Other Supporting Evidence,Per Presiding Officer 980630 Order & 10CFR2.1233.W/one Oversize Drawing ML20091R3491984-06-13013 June 1984 Response Opposing Intervenors Carolina Environ Study Group & Palmetto Alliance Late Filed Proposed Emergency Planning Contention 20 Re Telephonic Notification of Southwest Charlotte.Certificate of Svc Encl ML20091J4831984-05-30030 May 1984 Joint Supplemental Contention Re Specific Emergency Plan for Southwest Charlotte,Nc.Affirmation of Svc Encl ML20084C9391984-04-27027 April 1984 Response Opposing Palmetto Alliance & Carolina Environ Study Group 840412 Motion to Readmit Contentions Re Severe Accidents,Control Room Deficiencies & Lack of Financial Qualifications.Certificate of Svc Encl ML20083L4721984-04-12012 April 1984 Motion to Readmit Contentions Re Severe Accidents,Control Room Design Deficiencies & Lack of Financial Qualifications. Certificate of Svc Encl ML20088A7481984-04-0909 April 1984 Response in Opposition to Palmetto Alliance & Carolina Environ Study Group 840323 Motion to Amend & Suppl Diesel Generator Contentions or Motion for Admission of New Diesel Generator Contention.Certificate of Svc Encl ML20087M4761984-03-23023 March 1984 Motion to Amend & Suppl Diesel Generator Contentions,Or in Alternative,Motion for Admission of New Diesel Generator Contention.Aslb Urged to Grant Motion & Admit Recasted Contention ML20024E0441983-08-0303 August 1983 Request to Participate as Interested Municipality ML20024D2311983-08-0101 August 1983 Response to Palmetto Alliance & Carolina Environ Study Group 830711 Suppls to Petitions to Intervene Delineating Emergency Plan Contentions.Util Does Not Oppose Admission of Contentions 1 & 9,14 & 15 in Part.W/Certificate of Svc ML20076L5821983-07-11011 July 1983 Suppl to Petitions to Intervene Re Emergency Plans.Issuance of OL Would Contravene Nepa,Section 4332,wherein Environ Costs Outweigh Economic,Technical & Other Benefits. Certificate of Svc Encl ML20063N6671982-10-0404 October 1982 Response Opposing Palmetto Alliance & Carolina Environ Study Group 820922 Supplemental Petitions to Intervene ML20063N6691982-10-0404 October 1982 Response to Charlotte-Mecklenberg Environ Coalition 820919 Revised Contention 4.Contention Acceptable.Notice of Appearance & Certificate of Svc Encl ML20071M5231982-09-22022 September 1982 Suppl to Petitions to Intervene Listing Contentions Re Des, Per ASLB 820901 Order.Certificate of Svc Encl ML20071M5321982-09-19019 September 1982 Revised Contention 4,curing Defects in Original Contention by Specifically Addressing Des Analysis & Detailing Why Des Projections of Radiological Genetic & Somatic Effects of Plant Operation Inadequate.Certificate of Svc Encl ML20041C2971982-02-22022 February 1982 Revised Contention 3 Re Radioactive Releases Into Catawba River ML20040F3021982-02-0101 February 1982 Proposed Change to Charlotte-Mecklenberg Environ Coalition Proposed Contention 1 ML20062M6271981-12-0909 December 1981 Amend to Charlotte-Mecklenberg Environ Coalition Petition to Intervene,Per ASLB 811105 Order,Setting Forth Contentions.Affirmation of Svc Encl ML20062M5571981-12-0909 December 1981 Amend to 810727 Petition to Intervene,Listing Contentions. Affirmation of Svc Encl ML20062M3111981-12-0909 December 1981 Supplemental Petition to Intervene in Proceeding & Request for Hearing.Lists Contentions & Bases of Contentions. Certificate of Svc Encl ML20009F8561981-07-24024 July 1981 Petition to Intervene & Request for Hearing.Affidavits Encl ML20010C3981981-07-23023 July 1981 Petition for Leave to Intervene.Certificate of Svc Encl ML20009E6541981-07-22022 July 1981 Petition to Intervene & Request for Hearing.Affidavits, Notice of Appearance & Certificate of Svc Encl 1998-08-13
[Table view] Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20197J2871998-12-11011 December 1998 Initial Decision (Application for Senior Reactor Operator License).* Appeal of R Herring of NRC Denial of Application for SRO License Denied.With Certificate of Svc.Served on 981211 ML20151W5721998-09-11011 September 1998 NRC Staff Presentation in Support of Denial of Senior Reactor Operator License for Dl Herring.* Staff Decision to Fail Dl Herring on Category a of SRO Exam,Clearly Justified. Staff Denial of Herring SRO License Should Be Sustained ML20151W5941998-09-11011 September 1998 Affidavit of Cd Payne.* Affidavit Re NRC Staff Proposed Denial of Rl Herring Application for Senior Reactor Operator License for Use at Catawba Nuclear Station,Units 1 & 2 ML20151Y0601998-09-11011 September 1998 Affidavit of DC Payne.* Supports Denial of Application of Rl Herring for SRO License ML20151W6131998-09-0808 September 1998 Affidavit of Mn Leach in Support of NRC Staff Response to Rl Herring Written Presentation.* ML20151W6311998-09-0808 September 1998 Affidavit of ET Beadle.* Affidavit Relates to Denial of Senior Reactor Operator License Application for Rl Herring. with Certificate of Svc ML20237B6931998-08-13013 August 1998 Rl Herring (Denial of Operator License for Plant).* Rl Herring Submitted Written Presentation Arguments,Data, Info Matl & Other Supporting Evidence,Per Presiding Officer 980630 Order & 10CFR2.1233.W/one Oversize Drawing ML20237A3831998-08-12012 August 1998 NRC Staff Request for Extension of Time to File Response to Rl Herring Written Presentation.* Staff Respectfully Requests Motion for Extension of Time of 2 Wks to Respond to Herring Presentation Be Granted.W/Certificate of Svc ML20237B5571998-08-12012 August 1998 NRC Staff Request for Extension of Time to File Response to Rl Herring Written Presentation.* Granted by C Bechhoefer on 980818.W/Certificate of Svc.Served on 980818 ML20236T8511998-07-21021 July 1998 Specification of Claims.* Rl Herring Claims That Answer Given on Exam Was Correct When TSs Are Considered & When Design Basis Document Considered in Conjunction W/Duke Power Nuclear Sys Div.W/Certificate of Svc.Served on 980727 ML20236F5391998-06-30030 June 1998 Memorandum & Order (Hearing File & Spec of Claim).* Orders That Brief Spec of Claims Should Be Filed by Herring,Telling Why He Believes Staff Erred in Grading Exam.Staff Must Furnish Hearing File.W/Certificate of Svc.Served on 980630 ML20236F5631998-06-30030 June 1998 Notice of Hearing.* Presiding Officer Has Granted Request of Rl Herring for Hearing on NRC Denial of Application for Operator License for Plant.W/Certificate of Svc.Served on 980630 ML20149K8221997-07-29029 July 1997 Exemption from Requirements of 10CFR70.24, Criticality Accident Requirements. Exemption Granted TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20065P4491994-04-21021 April 1994 Comment Opposing Proposed Rule 10CFR50.55 Recommendation to Incorporate Proposed Rule to Adopt ASME Code Subsections IWE & Iwl ML20044G7371993-05-25025 May 1993 Comment on Proposed Rules 10CFR170 & 171, FY91 & 92 Proposed Rule Implementing Us Court of Appeals Decision & Rev of Fee Schedules;100% Fee Recovery,FY93. Opposes Rule ML20101R5931992-07-0606 July 1992 Comment on Proposed Rule 10CFR50 Re Loss of All Alternating Current Power & Draft Reg Guide 1.9,task DG-1021.Opposes Rule ML20091Q8661992-01-31031 January 1992 Comment Opposing Draft NUREG-1022,Rev 1, Event Reporting Sys,10CFR50.72 & 50.73,Clarification of NRC Sys & Guidelines for Reporting ML20087F7471992-01-15015 January 1992 Comment Opposing Rev 1 of NUREG-1022, Event Reporting Sys ML20246J6571989-08-31031 August 1989 Order Imposing Civil Monetary Penalty on Licensee in Amount of $75,000 for Violations Noted in Insp on 881127-890204. Payment of Civil Penalty Requested within 30 Days of Order Date.Evaluations & Conclusions Encl ML20247J8921989-08-31031 August 1989 Order Imposing Civil Monetary Penalty in Amount of $75,000, Based on Violations Noted in Insp on 881127-890204,including Operation in Modes 1-4 W/One Independent Containment Air Return & Hydrogen Skimmer Sys Inoperable for 42 Days ML20205N1471988-10-20020 October 1988 Comment on Petition for Rulemaking PRM-50-50 Re Provision That Authorizes Nuclear Power Plant Operators to Deviate from Tech Specs During Emergency.Request by C Young Should Be Denied ML20234D2821987-09-15015 September 1987 Joint Intervenors Emergency Motion to Continue Hearing for 2 Wks & for Immediate Prehearing Conference.* Urges That Hearing Re Offsite Emergency Planning at Plant,Scheduled for 870928,be Continued Until 871013.Certificate of Svc Encl ML20198C5771986-05-14014 May 1986 Transcript of 860514 Discussion/Possible Vote on Full Power OL for Catawba 2 in Washington,Dc.Pp 1-86.Viewgraphs Encl ML20203N4561986-02-20020 February 1986 Unexecuted Amend 6 to Indemnity Agreement B-100,replacing Item 3 of Attachment to Agreement W/Listed Info ML20151P2231985-12-31031 December 1985 Order Extending Time Until 860110 for Commissioners to Review ALAB-825.Served on 851231 ML20136H7231985-11-21021 November 1985 Decision ALAB-825,affirming Remaining Part of ASLB OL Authorization,Permitting Applicant to Receive & Store Spent Fuel Generated at Duke Power Co Oconee & McGuire Nuclear Power Facilities.Served on 851121 ML20138B3611985-10-11011 October 1985 Order Extending Time Until 851025 for Commission to Act to Review ALAB-813.Served on 851011 ML20137W4311985-10-0202 October 1985 Order Extending Time Until 851011 for Commission to Act to Review ALAB-813.Served on 851003 ML20134N5761985-09-0404 September 1985 Order Extending Time Until 851004 for Commission to Act to Review ALAB-813.Served on 850904 ML20126M2091985-07-30030 July 1985 Order Amending First Paragraph of Footnote 126 Re Need for Power & Financial Qualifications in ALAB-813 . Served on 850731 ML20126K7701985-07-26026 July 1985 Order Extending Time Until 850730 for Commission to Act to Review Director'S Decision DD-85-9.Served on 850729 ML20129C2351985-07-26026 July 1985 Decision ALAB-813 Affirming Aslab Authorization of Issuance of Full Power Ol,Except Insofar as Receipt & Storage Onsite of Spent Fuel Generated at Other Facilities.Served on 850729 ML20129K1651985-07-19019 July 1985 Order Extending Time Until 850726 for Commission to Act to Review Director'S Decision DD-85-9.Served on 850719 ML20129H9361985-07-10010 July 1985 Unexecuted Amend 5 to Indemnity Agreement B-100,changing Items 1 & 3 of Attachment ML20128K2171985-07-0808 July 1985 Order Extending Time Until 850719 for Commission to Act to Review Director'S Decision DD-85-9.Served on 850709 ML20127P0991985-06-28028 June 1985 Transcript of 850628 Supplemental Oral Argument in Bethesda, Md.Pg 99-169 ML20133C5201985-06-26026 June 1985 Undated Testimony of PM Reep Re Welding Inspector Concerns. Rept of Verbal Harassment Encl ML20127K7171985-06-24024 June 1985 Order Extending Time Until 850709 for Commission to Act to Review Director'S Decision DD-85-9 ML20126K6391985-06-17017 June 1985 Order Advising That Counsel Be Familiar W/Content of Commission Request for Public Comment on Decision to Exercise Discretionary Price-Anderson Act Authority to Extend Govt Indemnity to Spent.... Served on 850618 ML20126B8101985-06-13013 June 1985 Order Scheduling Supplemental Oral Argument on Pending Appeals on 850628 in Bethesda,Md Re Public Notice of Hearing Concerning Use of Facility for Receipt & Storage of Spent Fuel from Oconee & Mcguire.Served on 850613 ML20126E4601985-06-13013 June 1985 Notice of Supplemental Oral Argument on Pending Appeals on 850628 in Bethesda,Md.Served on 850613 ML20125B4251985-06-0707 June 1985 Responds to Aslab 850603 Order Requesting Response to NRC 850529 Filing Re Whether Notice of Proposal to Use Catawba to Store Oconee & McGuire Spent Fuel Discretionary or Required.Certificate of Svc Encl ML20126A7631985-06-0404 June 1985 Director'S Decision DD-85-9 Granting & Denying in Part Palmetto Alliance Request for Mod,Suspension or Revocation of CPs for Facilities Due to Harassment & Intimidation of QC Inspectors ML20129A6381985-06-0303 June 1985 Order Allowing Applicant to File & Serve Response to NRC 850529 Assertion Re Storage of Spent Fuel Generated at Another Facility Constituting Use of Commercial Utilization Facility No Later than 850607.Served on 850604 ML20128P0001985-05-29029 May 1985 NRC Views on Whether Notice of Proposal to Use Facility to Store Oconee & McGuire Spent Fuel Required or Discretionary. Certificate of Svc Encl ML20128P1031985-05-29029 May 1985 Memorandum Responding to Palmetto Alliance/Carolina Environ Study Group & Staff 850517 Memoranda Asserting That Fr Notice Not Reasonably Calculated to Inform of Requests Re Spent Fuel.Certificate of Svc Encl ML20127K0231985-05-20020 May 1985 Order Extending Time Until 850529 for Aslab to Act to File & Svc Reply Memoranda.Served on 850521 ML20127G2281985-05-17017 May 1985 Memorandum Responding to 850425 Aslab Order Addressing Four Questions Re Receipt & Storage of Spent Fuel.Certificate of Svc Encl ML20127H0041985-05-17017 May 1985 Response to Aslab Questions on Adequacy of Notice of Proposed Use of Facility to Store Spent Fuel from Oconee & McGuire Facilities.Aslab Has No Jurisdiction Over Proposal. Certificate of Svc Encl 1998-09-08
[Table view] |
Text
.Mh UNITED STATES OF AMERICA NUCLEAR REGULATORY C0!?'ISSIO!!
BEFORE THE ATOMIC SAFETY A'iD LICENSI!;G BOARD 5 APR 16 p2*I3 M7h79s,,..
In the Matter of )
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DocketNos.50-4k DUKE POWER COMPA!Y, et al. 50-414
)
)
(Catawba Nuclear Station, ) April 12, 1984 Units 1 and 2) )
Pall!ETTO ALLIANCE AND CAROLINA ENVIRONMENTAL STUDY CROUP MOTION TO READMIT CONTENTIONS REGARDING SEVERE ACCIDENTS, CONTROL ROOM DESIGN DEFICIENCIES A'!D LACK OF FINANCIAL QUALIFICATIONS Pursuant to 10 C.F.R. Sections 2.714(a)(1), 2.718, and 2.730 Palmetto Alliance and Carolina Environmental Study Group hereby move to readmit and provide for the litigation of previously admitted contentions on the subjects of severe accidents, control room design deficiencies and lack of financial qualifications. Contentions on these subjects were previously filed by Intervenors pursuant to 10 C.F.R. Section 2.714(a)(3)(b) and the Licensing Board's Order of November 5, 1981 providing for the time-ly submission of the contentions which Intervenors sought to have litigated in this proceeding. In that same pleading Intervenors sought the oppor-tunity to amend or expand that filing on the basis of information not then known to Intervenors. This motion is advanced now on the basis, in part, of such new information, as well as on the basis of subsequent changes in applicable law and regulation.
- 1. SEVERE ACCIDENTS In their December, 1981 filins Palmetto and CESG advanced four conten-tions on the subject of severe accidents at the Catawba Nuclear Station:
8404170261 040412 PDR ADOCK 05000413 0 PDR Mo3
Palmetto Alliance contentions No. 5, 9 and 31 (CESC 2). In the Board's March 5, 1982 Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference), pp. 27-28 the Board rejected the contentions on the basis of the failure of Intervenors to advance a site specific " serious and credibic accident scenario," and the December 23, 1981 proposed commission rule, 46 F.R. 62281 on the subject of hydrogen control measures. In their March 31, 1982 Responses And Objections To Order Following Prehearing Con-ference, Palmetto and CESG advanced a series of " plainly credible, Catawba specific, accident scenarios," pp. 5-10: 1. offsite power failure; 2. ATWS;
- 3. fatigue failure of the reactor pressure vessel; and 4. stud bolt failure.
By Order of July 8. 1982 this Board sought comments by Applicants and NRC Staff with respect to Intervenors posited scenarios. Finally, the Board re-viewed these scenarios and confirmed its rejection of these contentions in its Memorandum and Order (Reflecting Decisions Made Following Second Prehear-ing Conference) of December 1, 1982 16 NRC 1791 at 1807 et seq. The Board, there, rejected the capitalized stud bolt failure scenario on the grounds of, res judicata, as having been previously litigated by CESG. With respect to the other three scenarios,'the Board noted that the NRC Staff supported ad-mission of these as sufficiently specific for litigation, but rejected their admission on the grounds of the pending rulemaking:
The basic criterion is safety -- is there a substantial safety reason for litigating the generic issue as the rulemaking progresses?
In some cases, such as TMI Restart, such litigation probably should be allowed if it' appears that the facility in question.may be li-censed to operate before the rulemaking can be completed.- In such a case, litigation may be'necessary as a predicate for acquired safety findings. In other cases, however, it may become apparent that the rulemaking will be completed well before the facility can be licensed to operate. In that kind of case there would normally be no safety justification for litigating the generic issues, and strong resource management reasons not to litigata. . . . it now appears that a final rule would be adopted in the next.several months (fn 8: January or February, 1983.) Civen the present status of this proceeding, no operating licenses for Catawba are likely to issue before some time in 1984, a year or more after the final rule. Thus we see no safety justification for litigating the Intervenors' hydrogen scenarios in this case, and we are rejecting them as proposed contentions.
Id., 16 NRC at 1809-1810.
Subsequent developments make cicar that the premise underlying this Board's rejection of Intervenors' hydrogen control accident scenarios is no longer viable, and more recent information makes clear that the serious safety issues involved in the adequacy of hydrogen control measures and the ef fects of hydrogen burns on safety equipnent must be resolved through litigation in this proceeding prior to licensing the Catawba Station. The hydrogen control issue has been denominated unresolved safety issue A-48.
Its status and application to Catawba as of February, 1983 is described at pages C-22 and 23 of the Safety Evaluation Report, NUREC-0954. The Staff, there, reflects the unresolved character of the pending proposed rulemaking and its conclusion that interim measures are satisfactory at Catawba in the meantime. Of course. Intervenors disagree and seek to litigate the adequacy of such measures through the vehicle of the contentions and accident scenar-ios submitted. In its Aqua Book, " Unresolved Safety Issues Summary," NUREC 0606, Vol. 5, No. 4 (November 18, 1983) the NRC Staff projects a scheduled completion for unresolved safety issue A-48 of June 30, 1985. There, the Staff described the problem as follows:
postulated reactor accidents which result in a degraded or melted core can result in generation and release to the containment of large quantities of hydrogen. The hydrogen is formed from the reac-tion of the zirconium fuel cladding with steam at high temperature and/or by radiolysis of water. Experience gained from the TMI-2 accident indicates that we may want to require more specific design provisions for handling larger hydrogen releases than currently re-quired by the regulations, particularly for smaller, low pressure containment designs.
Id., at p. 38.
l Finally, the most recent Board Notification No.84-057 of April 2, 1984, reficcts the potentially troubling results of ongoing technical studies by Sandia National Laboratory of likely excessive temperature effects on safety equipment under several postulated hydrogen ignition accident scenarios in ice condensor containments. Such an effect would likely exacerbate accident scenarios by degrading the operability of such engineered safety features as containment recirculation fans and spray systems as well as the other components.
In light of these regulatory developments including the matters in-cluded in the referenced Board Notification as further basis Palmetto and CESG seek readmission and an opportunity to litigate the plainly credibic accident scenarios in order to establish our earlier claims that Applicants have not established reasonable assurance that the Catawba Station can op-erate safely.
- 2. CONTROL ROOM DESIGN DEFICIENCIES In its March 5, 1982 Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference), at pp. 23-24 this Board initially admitted a portion of Palmetto Alliance control room design contention No. 22 condi-tioned upon later detail after submission of further licensing documents re-flecting Applicants' control room design review. Subsequently, in light of the Appeal Board's rejection of the device of conditional admission of con-t en t ior.s . this Board determined to reject, rather that defer rulings on these
[
. control room design issues observing that new information contained in docu-ments not yet available might prov'ide a later basis for more specific conten-l tions. Memorandum and Order (Reflecting Decisions Made Following Second Pre-hearing Conference) 16 NRC at 1795-6. The basis for such specific contentions has recently been provided by Applicants and the NRC Staff.
By letter of March 9, 1984. Thomas M. Novak. Assistant Director for Licensing, of the NRC Staff transmits for review and comment to Applicants a Preliminary Draft Safety Evaluation Report for the detailed control room design review at Catawba Unit 1. There the Staff expresses its conclusions as to App 11 cants' satisfaction of the nine requirements of Supplement I to NUREG 0727. While expressing general satisfaction with Applicants'ef forts to meet the requirements of these standards for control room design, the Staff expresses questions regarding the scheduling of impicmentation and the verification of corrective actions until the end of the first refueling outage after fuel load licensing. It is on the basis of this analysis that Intervenors seek the readmission of previously filed contentions challenging the adequacy of Applicants' control room design.
Palmetto and CESG offer the following revised contention for litigation:
Applicants have failed to demonstrate reasonable assurance that the Catawba Nuclear Station can operate safely since they have failed to adequately meet regulatory requirements for the correc-tion of Human Engineering Deficiencies (HED's) in the Catawba control room design and instrumentation in the absence of suffi-cient attention to the interaction of human factors and efficiency of operation considerations. As reflected in the " Human Engineering Factors Engineering Branch - Detailed Control Room Design Review For Catawba Nuclear Station Unit 1." transmitted by cover letter of March 9,1984, Applicants have f ailed to demonstrate the justifica-tion for delaying correction of identified human engineering de-ficiencies until the end of the firse. refueling outage, and have failed to provide adequate verification that the implemented cor-rective actions in fact resolved identified identified human en-gineering deficiencies. 11.,
3 pp. 14-15.
Palmetto and CESG submit that this revised control room design deficien-cy contention should be admitted pursuant to 10 C.F.R. 2.714(a)(1) on the grounds that the balancing of the five factors warrants its admission for litigation. First, good cause is established by the contention's depend-ence on a licensing analysis by the NRC Staff available to Intervenors for less than one month. It is this " Preliminary Draft SER" which first iden-
\
tifies the scheduling and corrective action deficiencies in Applicants' control room design review. Second and fourth, as is commonly the case, the interest of petitioners can only be adequately protected by their own representation in this proceeding in support of this issue. While the NRC Staff can cease to represent the public interest outside this proceeding, petitioners' interest is best protected by their own efforts. Third, petitioners identified this issue of inadequate control room design as one of concern to them at the very earliest. We stand ready, now, to assist this Board in developing a sound record for decision on this important safe-ty issue. Palmetto and CESG ask the Board to note the effectiveness of the participation by their representatives and counsel in this and other proceedings on the basis of which this Board should conclude that they may reasonably be expected to assist in developing a sound record. Fifth, while the introduction of a new issue, inevitably will expand the proceeding and require time for resolution Palmetto and CESG submit that such a commit-ment of time and resources is well founded to resolve such an important safety issue. Furthermore, the Staf f itself observes that resolution of the scheduling and corrective action deficiencies in Applicants' control room design review program must precede licensing authorization. Thus, a commit-ment to litigation of this contention could not only be productive but a necessary predicate to reasonable assurance of safe operation. On the fore-going basis Palmetto and CESG ask that the revised control room design defi-ciency contention be admitted for litigation. Intervenors are prepared to commit their time and resources to the identification of expert technical assistance to support their litigation of this contention.
- 3. LACK OF FINANCIAL QUALIFICATIONS.
By its March 5, 1982 Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference) this Board conditionally admitted Palmetto Alliance contention No. 24 questioning the financial qualifications of the small municipal and cooperative owners of the Catawba facility. Icl . at p .
- 24. However, upon reconsideration as sought by Applicants and the NRC Staff the Board determined to dismiss Palmetto contentions Nos. 24 and 25 relating to financial qualifications and decomissioning on the basis of the subsequently adopted new Commission rule barring consideration of such con-tentions, 47 F.R. 13750. Memorandum and Order (Overruling Objections Follow-ing Prehearing Conference, Denying Requests For Referral To The Appeal Board. In Addressing Certain Related Questions) at p. 2, July 8, 1982.
On February 7, 1984, the United States Court of Appeals for the Dis-trict of Columbia Circuit struck down the Commission attempt to climinate the financial qualifications requirements in licensing proceedings. New England Coalition on Nuclear Pollution v. Nucicar Regulatory Commission.
No. 82-1581 (February 7, 1984). It is the position of Palmetto and CESG that in the absence of a valid rule barring our previously filed financial qualifications contention these matters should be readmitted for litigation in this proceeding at this time. While we are aware of proposals by the Conmission to reinstinne rulemaking in an effort to remedy the evidentiary deficiencies identified by the Court of Appeals, we urge that the proper course for this Board is to admit and litigate issue of financial qualifi-cations in this proceeding at this time. Palmetto and CESC would be pre-pared to demonstrate that the lack of financial qualification of the small municipal systems which are co-owners of this facility will likely adversely affect the safe operation and shutdown of the Catawba facility.
1
On the foregoing basis, Palmetto Alliance and Carolina Environstntal Study Group request that this Board admit the above contentions for liti-gation in this proceeding at the present time.
]
Robert Guild /
2135 Devine Street Columbia, S.C. 29205 (803)254-8132 Attorney for Palmetto Alliance Jesse Riley Carolina Environmental Study Group April 12, 1984 UNITED STATES OF AMERICA Dg* ET,,ED 9"
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSIN0aROA 16 P2:13
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Docket 1N6ff $D4&iBETAF
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'RVICf' DUKE. POWER COMPANY, et al. )
)
(Catawba Nuclear Station. )
Units 1 and 2) )
CERTIFICATE OF SERVICE I hereby certify that copies of PALMETTO ALLIANCE AND CAROLINA ENVIRONMENTAL STUDY GROUP MOTION TO READMIT CONTENTIONS REGARDING SEVERE ACCIDENTS, CONTROL ROOM DESIGN DEFICIENCEIS AND LACK OF FINANCIAL QUALI-FICATIONS in the above captioned matter have been served upon the follow-ing by deposit in the United States mail this 12th day of April, 1984.
James L. Kelley, Chairman Richard P. Wilson, Esq.
Atomic Safety and Licensing Board Assistant Attorney General Panel State of South Carolina U.S. Nuclear Regulatory Commission P.O. Box 11549 Washington, D.C. 20555 Columbia, South Carolina 29211 Dr. Paul W. Purdom Jesse L. Riley 235 Columbia Drive 854 Henley Place Decatur, Georgia 30030 Charlotte, North Carolina 28207 Dr. Richard F. Foster John Clewett Esq.
P.O. Box 4263 236 Tenth Street S.E.
Sunriver, Oregon 97702 Washington, D.C. .20003 Chairman George E.~ Johnson, Esq.
Atomic Safety and Licensing Office of the Executive Board Panel Legal Director U.S.' Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission
. Washington, D.C. 20555 Washington, D.C. 20555 Chairman J. Michael McCarry, III Esq.
Atomic Safety and Licensing Anne W. Cottingham, Esq.
Appeal Board . . Bishop. Liberman, Cook, Purcell U.S. Nuclear Regulatory Commission - & Reynolds Washington, D.C. 20555 1200 Seventeenth Street, N.W.
Washington, D.C. 20036
r Don R. Willard Mecklenburg County William L. Clements Department of Environmental Docketing and Service Section llealth U.S. Nuclear Regulatory Commission 1200 Blythe Boulevard Washington D.C. 20555 Charlotte, North Carolina 28203 Spence Perry, Esq.
Karen E. Long Associate General Counsel Assistant Attorney General Federal Emergency Management N.C. Department of Justice Agency Room 840 P.O. Box 629 500 C Street, S.W.
Raleigh, North Carolina 27602 Washington, D.C. 20472
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