ML20100J842

Forwards List of Corrections & Amend Pages to Applicant 841130 Response to Joint Intervenors 841107 Motion to Reopen Record in Proceeding.Svc List Encl

ML20100J842
Person / Time
Site:	Waterford
Issue date:	12/07/1984
From:	Churchill B LOUISIANA POWER & LIGHT CO., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	Johnson W, Kohl C, Wilber H NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
CON-#484-526 OL, NUDOCS 8412100473
Download: ML20100J842 (7)

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(202) 822-1051 Christine N. Kohl W. Reed Johnson Administrative Judge Administrative Judge Chairman, Atomic Safety and Atomic Safety and Licensing Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Howard A, Wilber Administrative Judge Atomic Safety and Licensing Appeal Board U.S.- Nuclear Regulatory Commission Washington, D.C. 20555 In the Matter of Louisiana Power & Light Company (Waterford Steam Electric Station, L-Unit 3)

Docket No. 50-382 O

Dear Administrative Judges:

On November 30, 1984, Applicant filed its response to Joint Intervenors' November 7 motion to reopen the record in this proceeding. In the press of meeting the filing date, several minor errors in the answer went undetected.

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1 8412100473 841207 PDR ADOCK 05000382 g PDR O

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l g SHAw, PITTMAN, PoTTs & TROWBRIDGE

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Administrative Judges Page Two  ;

December 7, 1984  !

I Attached is a list of the corrections that should be noted -

by the Board and all parties on Applicant's answer. In two cases, where several words had been inadvertently left out, amended pages have been provided. None of the corrections in-volve substantive changes or additions. The corrections are being provided solely to rectify typographical and copy errors that obscure the meaning of the document.

We apologize for the inconvenience.

Sincerely yo rs, 7 B

L ce W. J urchill Counsel for Applicant Enclosure cc: Service List attached i

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ERRATA

1. Page 4: Substitute amet.ded page 4 for original page 4.

Some phrases in the third paragraph.of original page 4 were inadvertently omitted.

2. Page 6: Substitute amended page 6 for original page 6.

Words have been added to the first sentence on the page for clarification.

3. Page ll: Change the cite in the last line of the second full paragraph from " Motion to Reopen at second page 47" to " Motion _to Reopen at second page'46." Joint Intervenors' motion contained two pages numbered 46. The cite is to the second of those pages.

4. Page 14: Change " revised" to " raised" in the first sentence after the subsection B heading.

5. Page 17: Change " motion" to " notion" on the second line of the quotation in the middle of the page.

6. Page 18: The quote in footnote 23 contains a Freudian slip.

Change " separate the wheat from the staff" to " separate the wheat from the chaff."

7. Page 21: The second reference to JI Exhibit 25 in the first sentence on this page should be changed to "JI Exhibit 26."

8. Page 30: In the sixth line of the first full paragraph, a period should be inserted after " President of LP&L" and a new sentence should begin with "this working group."

9. Page 31: Change "effect" to " effort" in the fifth line of the page.

10. Affidavit, page 1: Change the title of the document to

" Responses to Specific Allegations in the Joint Intervenors' j Motion to Reopen the Record." '

G

g II. JURISDICTICE The Appeal Board is without jurisdiction to grant Joint Intervenors' '

instant motion to reopen the record in this proceeding. l As a general matter, Appeal Boards lose jurisdiction over motions to l reopen on new matters once they have reviewed and affirmed the initial decisions of the Licensing Boards below. See Public Service Cmpany of  ;

Indiana (Marble Hill Nuclear Generating Station, Units 1 and 2), AIAB-530, 9 NBC 261, 262 (1979); Public Service Capany of New Hartpshire (Seabrook Station, Units 1 and 2) , AIAB-513, 8 NBC 694, 695 (1978) . In this proceed-ing, the Licensing Board issued two Partial Initial Decisions. The first, concerning certain emergency planning and synergism contentions, was affirmed by the Appeal Board on June 29,.1983, in AIAB-732,17 NBC 1076.3/

The record was closed on February 11,1983, Tr. 4905, with the cortpletion of the hearing session which led to the second Partial Initial Decision on May 26, 1983. This decision concerned the narrow, discrete issue of Weterford's emergency planning brochure, and authorized the Director of Nuclear Reactor Regulation to issue an operating license to Applicant. The Appeal Board affirmed the second Partial Initial Decision sua sponte on D - M r 9, 1983, ALAB-753,18 NRC 1321.4f With its review of the Licensing Board's initial decisions conplete, the Appeal Board no longer has jurisdiction to entertain the motion to open the three new contentions proposed by Joint Intervenors. The sole issue that reains before the Board is the bassent crack issue which was first i

l raised by a motion to reopen in July, 1983, before the Board had terminated 3/ The Ommission declined to review AIAB-732 and the decision became l final agency action on September 7, 1983. See Metrorandun fran the Camis-sion to the Board and Parties, Septatiber 14, 1983.

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4/ The time within which the Camission may act to review AIAB-753 has

-been extended until further order of Cmmission. Order of June 1, 1984.

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action.7/ 'Ihe only matter over which this Board has retained jurisdiction is the notion to reopen on the bassent issue. The Joint Intervenors seek to reopen the remrd and introduce three new contentions (concerning an alleged breakdown in quality assurance, the integrity of LP&L managment, and failure of the staff to live up to its statutory obligations) .8f Ncne of these contentions bears a reasonable relationship to the cracked ha e nt issue.9f Therefore, the notion must be dismissed for lack of jurisdiction.

III. STANDARDS EDR REOPENING THE RECDRD This Appeal Board is intimately fmiliar with the three-pronged standard the proponent of a reopening motion must satisfy. The notion nust be timely, it must address a significant safety (or environmental) issue, and the notion must decnstrate that a different result would have bem reached had the newly proffered material been considered initially.

Iouisiana Power & Light Ccopany (Waterford Steam Electric Station, Unit 3),

ALAB-753,18 NBC 1321,1322 (1983) . Joint Intervenors' Motion to Reopen falls far short of meeting these standards.

7/ Even if the Ccxtmission should, at some pint, remand that issue, the Emand would be limited in scope and would not convert or restore to the Appeal Board the justification to broaden the issues before it to ebrace new discrete matters. Id. at 708.

8/ Motion to Beopen at 3.

~9/ The basement is discussed in Joint Intervenors Motion to Reopen, but the discussion covers only how Applicant's activities related to review of the bassent allegedly nMs support to Joint Intervenors' proposed QA and management integrity contentions. See bbtion to Reopen at 39-44. As-sertions, if any, by Joint Intervenors in the Motion to Reopen related to i the basement which are unrelated to the three contentions they seek to raise should properly be addressed in their filings on the pending bassent motion.

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l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appeal Board In'the Matter of )

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LOUISIANA POWER & LIGHT COMPANY ) Docket No. 50-382

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(Waterford Steam Electric ) .

1 Station, Unit 3) )

i SERVICE LIST .

Christine N. Kohl Sheldon J. Wolfe Administrative Judge Administrative Judge Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Board Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 W. Reed Johnson Harry Foreman

. Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission Director, Center for Population Washington, D.C. 20555 Studies Box 395, Mayo Howard A. Wilber University of Minnesota Administrative Judge Minneapolis, MN 55455 Atomic Safety and Licensing Appeal Board Walter H. Jordan U.S. Nuclear Regulatory Commission Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board Sherwin E. Turk, Esquire 881 West Outer Drive Office of the Executive Oak Ridge, TN 37830 Legal Director U.S. Nuclear Regulatory Commission Docketing & Service Section (3)

Washington, D.C. 20555 office of the Secretary U.S. Nuclear Regulatory Commission

Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board Panel U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

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a LP&L e SIrvic3 Lict-ASLAB -

Page Two Mr. Gary Groesch ,

2257 Bayou Road '

New Orleans,.LA 70119 Carole H. Burstein, Esq.

445 Walnut Street New Orleans, LA 70118 Lynne Bernabei, Esq.

Government Accountability Project 1555 Connecticut Avenue, N.W.

Suite 202 Washington, DC 20009 ,

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