ML20154D962

New England Coalition on Nuclear Pollution Response to Applicant Motion for Summary Disposition on Contention Iv.* Requests That Summary Disposition Be Limited to Issue of Blockage of Cooling Sys by macro-organisms.Svc List Encl

ML20154D962
Person / Time
Site:	Seabrook
Issue date:	05/06/1988
From:	Ferster A HARMON & WEISS, NEW ENGLAND COALITION ON NUCLEAR POLLUTION
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6247 OL-1, NUDOCS 8805200041
Download: ML20154D962 (5)

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May 6, 1988 00CKCiEC' U%FC UNITED STATES NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of ) DM [gQ,

• L Public Servico Company of )

New Hampshire, et al. ) Docket No. 50-443 OL-1 (Y4"

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(Seabrook Station, Units 1 & 2) ) ONSITE EMERGENCY

) PLANNING & TECHNICAL

) ISSUES

)

NEW ENGLAND COALITION O!! NUCLEAR POLLUTION'S RESPONSE TO APPLICANTS' MOTION FOR SUMIGRY DISPOSITION ON NECNP CONTENTION IV.

By letter dated April 22, 1988, the New England Coalition On Nuclear Pollution (NECNP) notified the Licensing Board and the parties to this proceeding that NEC!!P did not intend to oppose any summary disposition motions filed by Applicants or the Staff on NECNP Contention IV, to the extent they pertained to "the ade-quacy of Applicants' program for monitoring to detect blockage of coolan'c flow resulting from the build-up of racro-biological organisms."1 NECNP chose this course of action as a result of the Board's March 18, 1988 ruling, preventing NECNP from litigat-ing within the scope of NECNP Contention IV the adequacy of Applicants' program for monitoring to detect corrosior. and other detrimental effects resulting from the build-up of nicro-biological organisms, including microbiologically induced corro-1 Letter to Sheldon J. Wolfe, et al, from Andrea Ferster, Counsel to NECNP, dated April 22, 1988, at 1 (emphasis added).

8805200041 080506 PDR ADOCK 05000443 G PDR

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sion.2 On April 29, 1988, Applicants filed a Motion for Summary Disposition on NECNP Contention IV, accompanied by a Statement of Material Facts Not in Dispute and supporting affidavits.

Applicants' Statement of Material Facts Not in Dispute (hereinafter referred to as "SMF") contains a number of represen-tations as to the adequacy of Applicants' program to control "fouling" by "marine" or "aquatic" organisms,"3 and "biofoul-ing,"4 and even makes specific representations that "microfoul-ing" is adequately controlled.5 As a result of Applicants' use of these terms, Applicants motion appears to encompass the issue of microbiologically induced corrosion to some degree. As is indicated in the pre-viously filed affidavit of Dr. James D. Bryers,6 the term "aquatic organisms," used by Applicants' in their motion, refers in the bio-chemistry field to both microbiological and macro-biological organisms.7 Moreover, microbiologically induced cor-2 Memorandum and Order (March 18, 1988).

l 3 See SMF, at 14, 5, 18.

1 4 SMF, at '.11, 14, 17.

5 SMF, at '6, 14, 6 Attached as Exhibit A to "NECNP's Motion for Reconsideration of the Board's Denial of NECNP's Motion to Compel, dated February 17, 1988," dated March 1, 1988 (hereinafter referred to as "Bryers Affidavit").

7 See Bryers Affidavit, at '8.

F rosion is one of the detrimental effects of "fouling," another term used by Applicants.8 Finally, "biofouling" includes both microbial fouling, which can cause microbiologically induced cor-rosion, as well as macro-fouling, which can cause blockage.9 Accordingly, to the extent that Appliccnts' Motion for Summary Disposition on NECNP Contention IV and accompanying Statement of Material Facts defend the adequacy of Applicants' program for monitoring and controlling microbial fouling and microbiologi-cally induced corrosion, NECNP disputes these statements.

Despite the Licensing Board's preclusive March 18, 1988 ruling on the scope of NECNP Contention IV, NECNP continues to believe that Applicants program for detecting and controlling microbiological 1y induced corrosion is not adequate. Accor-dingly, NECNP announced that it would not oppose any summary dis-position motions filed by Applicants to the extent that such a motion addressed the more limited issue of blockage by macro-organisms.10 NECNP, at the same time, announced its intention to appeal at the appropriate time the Board's March 18, 1988 ruling that microbiologically induced corrosion is not within the scope of NECNP Contention IV in order to litigate this important 8 See Bryera Affidavit, at '4.

9 Sfe Bryers Affidavit, at '6..

10 Letter to Sheldon J. Wolfe, et al, from Andrea Ferster, Counsel to NECNP, dated April 22, 1988, at 1 (emphasis added).

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safety issue.

Given the plain implications of this Board's rulings regard-ing the scope of NECNP Contention IV, it would be manifestly unfair if NECNP's failure to oppose the instant motion for sum-mary disposition were construed as barring or estopping NECNP from subsequently litigating the adequacy of Applicants' program for monitoring and controlling fouling by micro-organisms, or microbiological 1y induced corrosion, should it be determined on appeal that microbiological 1y induced corrosion is within the scope of NECNP Contention IV. Accordingly, Applicants' summary disposition motion must be read as limited to only one of the detrimental effects of biofouling, the effects of blockage of cooling systems by macro-organisms. NECNP further requests that any subsequent Licensing Board decision granting this motion should nake clear that summary dispositien is limited to the issue of blockage of cooling systems by macro-organisms.

Respectfully submitted,

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' Andrea Forster HARMON & WEISS 2001 "S" Street N.W. Suite 430 Washington, D.C. 20009 (202) 328-3500 CERTIFICATE OF SERVICE I certify that on May 6, 1988, copies of the foregoing pleading were served by first-class mail on all parties listed on the attached service list.

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Andrea Ferster

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SEABROOK SERVICE LIST ONSITE LICENSING BOARD Sheldon J. Wolfe, Chairman 155 Washington Road Of0cc of General Counsel NicKay, Sturphy and Graham U.S. N RC Rye, New Ilampshire 03s70 U.S. NRC 100.Ntain Street Washington, D.C. 20555 Washington, U f. 20555 Amesbury, NI A 01013 Richard E. Sullivan, \layor Dr. Jerry liarbour City llall R. Scott liill Whilton U.S. N RC Newburyport,StA 019N Lagoulis. Clarck, liill Whilton Washineton, D.C. 20555 & StcGuire Alfred V. Sargent, Chairman 79 State Street Dr. Emmeth A. Luebke Board of Selectmen New bury port, NI A 01950 gs,; g 5500 Friendship Bh'd. Town of Salisbury, N!A 01950 p' Apartment 1923N George Dana Bisbee, Esq. ry g

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,,3 Chesy Chase,51D 20S15 Senator Gordon J. Ilumphrey Geoffrey St. lluntington, Esq.

U.S. Se nate Office of the Atto ney General Q( ;,

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Atomic Safety and Licensine' Washineton, D.C. 20510

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State flouse Annes Board Panel' U.S. N RC (Attn. Tom Burack) Concord, Nil 03301 S{Jy

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g Washington, D.C. 20555 Selectmen of Northampton Allen Lampert os Northampton, New Ham [w Cisil Defense Director Atomic Safety and Licensing shire 03S26 Town of Brentowood Appeal Board Panel Exeter, NH 03833 U.S. N R C Senator Gordon J. Ilumphrey Washington, D.C. 20555 1 Eagle Square, Sie 507 Richard A. llampe, Esq.

Concord, N}i 03301 llampe and 51cNicholas Docketine and Senice 35 Pleasant Street U.S. N RC Niichael Santosuosso, Concord. NII 03301 Washington, D.C. 20555 Chairman Board of Selectmen Gary W. Ilo!mes, Esq.

Strs. Anne E. Goodman Jewell Street, RfD # 2 Holmes & Ellis Board of Selectmen South llampton, Nil OM42 47 Winnacunnent Road 13-15 New Starlet Road llampton, Nil OM42 Durham, Nil OM42 Judith II. Sti/n:r, Esq.

Siherplate, Gertner, et al. William Armstrone William S. Lord, Selectman SS Broad Street Cisil Defense Director Town IIall - Friend Strect Boston, N1A 02110 10 Front Strect Amesbury,5tA 01013 Exeter. Nil 03s33 Rep. Roberta C. Pescar Jane Douehtv Drinkwater RoaJ Cahin A. Canney SAPL Hampton, Fall , NH 03s44 City Nianager 5 N1arket Street City :lall Portsmc.uih, Nil DM01 Phillip Ahrens, Esq. 12r> Danic! Street Assistant Attorne,s Gener il Portsmouth, NH 03ml Carol S. Sneider, Esquire State ilouse, Station # 6 Assistant Attorney General Augusta, NIE 043T3 N1att hew T. Brock, Esq-1 Ashburton Place, loth Iloor Shaines & NicEachern Boston, S1 A 021t1S #Thornas G. Dienan, Esq. P.O. Box 3to R.K. Gad 11, Esq. Staplewood Ase.

Stanley W. Knowles Ropes A Gray Portsmouth. Nil 03s01 Daard of Selectmen 225 Franklin Street P.O. Box 710 Boston, NtA 02110 Sandra Gavutis North flampton, NH ONO RI D 1 Box 1154 Robert A. Backus, Esq. East Ken ington, Nil UN7 J.P. Nadeau Backus. Meyer A Solomon Town of Rsc 111 Lowell Strect Charles P. Graham Eq Ntanchester, Nil 01106

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