ML20076J579

Motion for Summary Disposition of Eddleman Contention 75 Re Uhs.No Genuine Issue of Matl Fact Exists & Util Entitled to Favorable Decision.Related Correspondence

ML20076J579
Person / Time
Site:	Harris
Issue date:	09/01/1983
From:	Carrow H CAROLINA POWER & LIGHT CO.
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20076J582	List: ML20076J579 ML20076J588 ML20076J601 ML20076J614 ML20076J626 ML20076J643 ML20076J671
References
ISSUANCES-OL, NUDOCS 8309070255
Download: ML20076J579 (5)

Text

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[ j3 SEP -6 P1 :25 September 1,1983 0FricE OF SEcilEib 00CKEilNG & SErh't!.

UNITED STATES OF A$$$bCA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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CAROLINA POWER & LIGHT COMPANY )

AND NORTH CAROLINA EASTERN ) Docket Nos. 50-400 OL MUNICIPAL POWER AGENCY ) 50-401 OL

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(Shearon Harris Nuclear Power Plant, )

Units 1 & 2) )

APPLICANTS' MOTION FOR

SUMMARY

DISPOSITION OF EDDLEMAN CONTENTION 75 Applicants move the Licensing Board, pursuant to 10 C.F.R. 5 2.749 of the Commission's Rules of Practice, for summary disposition of Eddleman dontention 75 which reads as follows:

The possibility that one or more species of clam, oyster or other marine growth (e.g. barnacle). sill prove resistant to biocides added to cooling tower water and thus able to grow and live in the SHNPP l condensers (being brought there, e.g., on a pair of pants worn wading at the beach by a person who also works around the cooling towers, or by a saboteur, or from the Harris lake in makeup water, having been introduced to any stream feeding that lake by means similar to the preceding) and thus grow and create debris to foul, block the condensers and ~ prevent plant access to its ultimate heat sink, with serious safety consequences as above.

In support of their motion, Applicants rely on the pleadings, discovery, attached affidavits of William T. Hogarth and Leonard I. Loflin, and other documents filed in this 6309070255 830901 gDRADOCK05000g

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proceeding as demonstrating that there is no genuine issue of material fact to be heard with respect: to Eddleman 75 and that the contention should be decided in Applicants' favor.

ADMISSION OF EDDLEMAN 75 As first postulated, Eddleman 75 was a lengthy conglomeration of alleged issues concerning SHNPP loss of access to its ultimate heat sink through various causes including steam generator problems, corrosion by biocides added to cooling tower water, and fouling of condensers by clams, oysters or barnacles. See Eddleman's Supplement to Petition to Intervene dated May 14, 1982 at 181. See also Memorandum and Order (Reflecting Decisions Made Following Prehearing Conference) dated September 22, 1982 at 60. In admitting this contention, the Board stated:

It is claimed that the clams or barnacles might block access to the heat sink, with " serious safety consequences." Had we any authority to reject a contention on its merits, we would reject this clam and barnacle scenario because we can scarcely imagine that it could present a safety problem, as alleged . . . .

Nevertheless this contention is admitted, subject to the possibility of a summary disposition motion.

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September 22,1982 Memorandum and Order at 61 (emphasis in original).

i The contention was . subsequently recodified and admitted as quoted above. See

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! Applicants' Filing of the Codifi6ation of Admitte' dContentions dated January 21,1983 at l

21.

MATERIAL FACTS Eddleman 75, reduced to essentials, alleges simply that clams, oysters, or other marine growth will grow and create debris to foul and block the SHNPP condensers and

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thus prevent plant access to its ultimate heat. sink. However, the facts in this proceeding show that Corbicula is the only biofouling organism capable of flow reduction or blockage at SHNPP, and that Applicants have established an adequate earl / warning system to indicate the proximity of Corbicula to SHNPP should it become established in Harris reservoirs, which will include reservoir monitoring, regular inspections of key plant systems, and testing of plant service water systems. Hogarth Affidavit at 2-5.

Even if Corbicula is found in the reservoirs and in proximity to plant intake structures, the Harris plant systems are designed so as to prevent possible biofouling.

Those systems do not allow clams to accumulate and cause flow blockage. Plant monitoring systems will identify potential biofouling before it becomes a problem in order that appropriate action can be taken. Hogarth Affidavit at 4-5.

Finally, even if biofouling should occur and the SHNPP condensers somehow became completely blocked by Corbicula, the plant would still be able to achieve safe shutdown. Loflin Affidavit at 2.

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DISCOVERY Neither Mr. Eddleman's nor the' Applicants' discovery related to Contention 75 raised any genuine issue as to the above material facts. Mr. Eddleman's first set of interrogatories to Applicants focus on instances of Corbicula fouling, if any, at other nuclear plants (Interrogatory 7.5-1), .means of. detecting. clams or mollusks at SHNPP (Interrogatory 75-2), and possible related effects of Corbicula on condensers l

(Interrogatory 75 corrosion of condensers by biocides - and Intetrogatory 75 , pressure changes in the condensers). Applicants responded fully and adequately to these l-interrogatories (Mr. Eddleman~ concluded negotiations and filed no motion to compel) in Applicants' Answers to Wells Eddleman's General Interrogatories and Interrogatories on

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Contentions 22A, 22B, 75, 80,' 83/84 and .132 to Applicants Carolina Power & Light '

Company et_ al(First Set), dated April 28,1983 and in Applicants' Supplemental Answers to Wells Edd!'eman's Interrogatories on Contentions 75 and 83/84, dated June 30, 1983.

Mr. Eddleman then sought information as to chlorination practices at the Brunswick plant (Interrogatory 75-6), methods for preventing Corbicula at SHNPP other than

' chlorination (Interrogatory 75-7), and possibilities of Corbicula living in the SHNPP reservoirs (Interrogatory 75-8). Applicants responded to these questions in their Answers to Wells Eddleman's General Interrogatories and Interrogatories on Contentions 75 and 83/84'to Applicants Carolina Power & Light Company M (Third Set),~ dated August 5, 1983. Mr. Eddleman has filed a motion to compel only on the Brunswick interrogatory.

Motion to Compel Discovery re Applicants' 8-5-83 Responses on Eddleman 75 and 83/84 by Wells Eddleman, dated August 19, 1983.

Not one of these questions or respcases thereto in any way undermines or calls into question the material facts related to the issue. Nor does Mr. Eddleman appear to have any information at hand which would lead to a contrary conclusion. Thd Board has already noted Mr. Eddleman's concern with condenser fouling as being fairiv incredible (September 22,1983 Memorandum and Order at 61) and even dismissed the portion of the original contention dealing with alleged' condenser corrosion resulting from blocides. Id.

In addition, Mr. Loflin's affidavit makes clear that the condensers are completely unnecessary to safe shutdown of the Harris plant.

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CONCLUSION 9

No genuine issues as to the material- facts have been raised by Mr. Eddleman.

Accordingly, Applicants submit that the pleadings, discovery, attached affidavits, and other documents filed in this proceeding sufficiently demonstrate that Eddleman Contention 75 is subject to disposition as a matter of law.

s Wherefore, Applicants request that their motion for summary disposition of.

Eddleman Contention 75 be granted.

This the l< day of NM RA ,1983.

I An su.

Hill Carrow Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 .

(919) 836-6839 Attorneys for Applicants:

Thomas A. Baxter John H. O'Neill, Jr.

Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.

l Washington, D.C. 20036 (202) 822-1000 Richard E. Jones Samantha Francis Flynn

• Carolina Power & Light Company Post Office Box 1551 Raleigh, North Carolina 27602 (919) 836-6517 .

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