ML20207D689

Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc

ML20207D689
Person / Time
Site:	Harris
Issue date:	05/27/1999
From:	Curran D AFFILIATION NOT ASSIGNED, HARMON, CURRAN, SPIELBERG & EISENBERG, LLP.
To:	Atomic Safety and Licensing Board Panel
References
CON-#299-20457 99-762-02-LA, 99-762-2-LA, LA, NUDOCS 9906040047
Download: ML20207D689 (4)

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2. o y' 57 9 00CKETED USHPC May 27,1999 UNITED STATES OF AMERICA o9 JUN -2 P4 :48 NUCLEAR REGULATORY COMMISSION ]

BEFORE THE ATOMIC SAFETY AND LICENSING BOARg F

In the Matter of ) Afy

) i CAROLINA POWER & LIGHT CO. ) Docket No. 50-400 LA J (Shearon Harris Nuclear ) ASLBP No.99-762 2-LA Power Plant) )

)

ORANGE COUNTY'S RESPONSE TO APPLICANT'S PROPOSED REWORDING OF CONTENTION 3, REGARDING QUALITY ASSURANCE Pursuant to the Board's Order of May 20,1999, Orange County hereby responds to the proposed rewording of Contention 3 which the Applicant submitted in Applicant's Answer to Petitioner Board of Commissioners of Orange County's Contentions at 36-37 (May 5,1999).

The County accepts the rewording of the contention, with several changes. Additions to the l l l Applicant's proposed language are in bold, and omitted language is in bracketed italics.

The County notes that, based on assertions made in the Applicant's Response to Contention 3, the County has decided not to pursue that aspect of the contention which asserts that the Applicant improperly postpones remote camera inspection af the welds. In its response to Contention 3, the Applicant states that it intends to conduct the remote camera inspections by mid-June. Id. at 37, note 32. The County understands from Applicant's counsel that the inspections are to be conducted very shortly. If, for any reason, the inspections are not completed in the next few weeks, the County intends to renew its request for admission of this i

aspect of the contention.

l 9906040047 990527 PDR ADOCK 05000400 g PDR ,,

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I Contention 3: Inadequate Quality Assurance CP&L's proposal to provide cooling ofpools C & D by relying upon the use of previously completed portions of the Unit 2 Fuel Pool Cooling and Cleanup System and the Unit 2 Component Cooling Water System fails to satisfy the quality assurance critera l

of 10 C.F.R. Part 50, Appendix B, specifically Criterion XIII (failure to show that the piping and equipment have been stored and preserved in a manner that prevents damage or deterioration), Criterion XVI (failure to institute measures to correct any damage or deterioration), and Criterion XVII (failure to maintain necessary [ quality] records to show that all quality assurance requirements are satisfied).

Moreover, the Alternative Plan submitted by Applicant fails to satisfy the requirements j of 10 C.F.R. { 50.55a for an exception to the quality assurance criteria because it does not describe any program for maintaining the idle piping in good condition over the l intervening years between construction ofimplementation of the proposed license amendment, nor does it describe a program for identifying and remediating potential corrosion and fouling.

The Altemative Plan submitted by Applicant is also deficient because 15 welds for which

! certain quality assurance records are missing are embedded in concrete and inspection of the welds to demonstrate weld quality cannot be adequately accomplished with a remote camera.

I Finally, the Alternative Plan submitted by Applicant is [also] deficient because not all j other welds embedded in concrete will be inspected by the remote camera, and the weld quality cannot be demonstrated adequately by circumstantial evidence.

Counsel for the County has discussed these proposed changes to the Applicant's

! rewording of the contention with counsel for the Applicant and Staff, who had no objection.

! Respectfully submitted,

~

Diane Curran l Harmon, Curran, Spielberg, & Eisenberg, L.L.P.

I 1726 M Street N.W., Suite 600 Washington, D.C. 20036 202/328-3500 e-mail: Deurran@harmoncurran.com i May 27,1999 l

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^ "u o g' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD '99 Jf! -2 P4 :48 In the Matter of ) g

) RL CAROLINA POWER & LIGHT ) Docket No. 50-400 -OLA ADJu FF (Shearon Harris Nuclear ) ASLBP No. 99-762-02-LA Power Plant) )

)

CERTIFICATE OF SERVICE 1 certify that on May 27,1999, copies of the foregoing Orange County's Proposed Corrections to Transcript of 5/13/99 Prehearing Conference; and Orange County's Response to Applicant's Proposed Rewording of Contention 3, Regarding Quality Assurance, were served on the following by e-mail and/or first class mail as indicated below:

Secretary of the Commission Steven Carr, Esq.

Attention: Rulemakings and Adjudications Carolina Power & Light Co.

Staff 411 Fayetteville Street Mall U.S. Nuclear Regulatory Commission Post Ollice Box 1551 - CPB 13A2 Washington, D.C. 20555 kaleigh, NC 27602-1551 E-mail: hearingdocket@nrc. gov E-mail: steven.carr@ cole.com Marian L. Zobler, Esq. Alice Gordon, Chair Office of the General Counsel Orange County Board of Commissioners U.S. Nuclear Regulatory Commission P.O. Box 8181 Washington, D.C. 20555 Hillsborough,NC 27278 E-mail: mlz@,nrc. gov E-mail: gordonam@mindspring.com Paul Thames Adjudicatory File County Engineer Atomic Safety and Licensing Board Orange County Board of Commissioners U.S. Nuclear Regulatory Commission P.O. Box 8181 Washington, D.C. 20555-0001 Hillsborough,NC 27278 Dr. Peter S. Lam Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board Mail Stop T 3F-23 Mail Stop T 3F-23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 l E-mail: psl@nrc. gov E-mail: Ijs@nrc. gov l

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John H. O'Neill, Jr., Esq. G. Paul Bollwerk, III, Chairman William R. Hollaway, Esq. Atomic Safety and Licensing Board Shaw, Pittman, Potts & Trowbridge Mail Stop T 3F-23 2300 N Street N.W. U.S. Nuclear Regulatory Commission l Washington, D.C. 20037-1128 Washington, D.C. 20555 l E-mail: john _o'neill@shawpittman.com, E-mail: gpb@nrc. gov william.hollaway@shawpittman.com Diane Curran l

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