ML20210C680

Affidavit of P Lain Re Contention Utah K & Confederated Tribes Contention B.* Affidavit Addresses Issues Pertaining to Wildfires as Admitted by Board with Respect to Contention.With Certificate of Svc

ML20210C680
Person / Time
Site:	07200022
Issue date:	07/22/1999
From:	Lain P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:
Shared Package
ML20210C667	List: ML20210C660 ML20210C670 ML20210C676 ML20210C680
References
ISFSI, NUDOCS 9907270008
Download: ML20210C680 (6)

Text

~

-s .

July 22,1999 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

PRIVATE FUEL STORAGE, LLC ) Docket No. 72-22-ISFSI

)

(Independent Spent )

Fuel Storage Installation) )-

AFFIDAVIT OF PAUL LAIN CONCERNING CONTENTION UTAH K AND CONFEDERATED TRIBES CONTENTION B I, Paul Lain, having first been duly sworn, do hereby state as follows:

1. My name is Paul Lain. I am employed as a Fire Protection Engineer in the

' Licensing and International Safeguards Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission (NRC), )

in Washington, D.C. A statement of my professional qualifications is attached hereto.

2. This Affidavit is prepared in response to " Applicant's Motion for Partial Summary ;

i Disposition of Utah Contention K and Confederated Tribes Contention B" (Motion), filed on

- June 7,1999, by Private Fuel Storage L.L.C. (Applicant or PFS), and the " Statement of Material Facts" attached thereto. In particular, this Affidavit addresses issues pertaining to wildfires as I admitted by the Board with respect to this contention.

3. I have reviewed the portion of the Applicant's Motion which pertains to wildfires (Motion at 18-20), the Affidavits of Carlton Britton (and his Febmary 8,1999 report), Jerry Cooper, Krishna Singh, and Ram Srinivasan, filed with the Applicant's motion. I have also 9907270008 990722 PDR '

l ADOCK 07200022

,. PDR

,4 reviewed those portions of the Statement of Material Facts which pertain to wildfires (11 El-Ell).

I have also reviewed peninent sections of the Applicant's Safety Analysis Report, and the NRC Staff's Position Concerning Group I Contentions, dated June 15, 1999, with respect to fires external to the facility (Id. at 16). In addition, I have read and am familiar with the Affidavit of Jack Guttmann, attached hereto.

4. Based on my review of the Applicant's Motion and documents attached thereto, and the Affidavit of Jack Guttmann, I am satisfied that the Applicant's Statement of Material Facts with respect to wildfires (ji El-E10) is correct. I do not agree with Material Fact TEll (which states, "the threat a fire might pose to systems at the PFSF other than those important to safety -

is irrelevant to the licensing of the PFSF"). However, I do agree that the threat a wildfire might pose to systems at the PFSF other than those important to safety would not pose a significant hazard to the facility that would rer. ult in a release of radioactive material. In this regard, while the SAR should be revised to reflect the Applicant's evaluation of wildfires pursuant to 10 C.F.R.

f 72.92, I am satisfied that wildfires are bounded by the design basis fire discuned in Safety Analysis Report { 8.2.5 and that wildfires do not pose a threat to the safe operation of the facility.

I i

=

,o .

5. I hereby certify that the foregoing is true and correct to the best of my knowledge, information and belief.

~

/. _" ._.

Paul Lain Subrcribed and sworn to before me this 22nd day of July,1999.

NOTA NML eu ,

Notary Public '

My commission expires: Awk l. [O9 3 1

i i

l l

a = ..

I Paul W. Lain, P.E.

Statement of Professional Qualifications Mr. Lain is a board certified professional engineer with more than 15 years of experience in fire protection -

engineering. He has held technical and project management positions for the U.S. Navy, Department of Energy (DOE), and the Nuclear Regulatory Commission (NRC). He has conducted inspections on aircraft carriers, battleships, plutonium and uranium manufacturing facilities, and a nuclear waste storage facility.

He has conducted over 100 shipboard fire tests to test the effectiveness of smoke control systems onboard naval vessels. - He was the fire protection expert on multiple Operational Readiness Reviews for DOE nuclear facilities. Mr. lain authored the Fire Protection Chapter of the Standard Review Plan for NRC fuel cycle facilities, and conducted the fire protection review for the re-licensing of the Nuclear Fuel Services facility in Tennessee. Currently, Mr. Lain currently conducts all fire protection licensing reviews for fuel fabrication facilities licensed by the NRC.

j EDUCATION Bachelor of Science in Fire Protection Engineering from the University of Maryland,1983 Master of Science in Fire Protection Engineering from Worcester Polytechnic Institute,1996 PROFESSIONAL EXPERIENCE From 1983 to 1991, Mr. Lain was a fire protection engineer for the Fire Protection Systems Branch of the Naval Sea Systems Command. He was the project manager for many research projects pertaining to fire protection onboard U.S. naval ships and submarines. He conducted over 100 large scale fire tests onboard the navy's test vessel USSX Shadwell, to determine the feasibility of active smoke control utilizing the existing shipboard ventilation system. He performed fire protection inspections and design reviews on a variety of naval vessels.

From 1991 to 1997, Mr. Lain was a fire protection engineer for the Division of Nuclear Material and .

Facility Stabilization at DOE. Mr. Lain was the fire protection subject matter expert for reviews of Safety .

Analysis Reports (SARs) at Rocky Flats Environmental Technology Site and Idaho National Engineering Laboratory, for Operational Readiness Reviews of F-Canyon, FB-Line, and the Inter Tank Processing facilities at the Savanna River Site, and the Fire Protection Vulnerability Review of Y12 and K25 facihues  ;

at Oak Ridge. j Since May of 1997, Mr. Lain has been a fire protection engineer for the NRC Office of Nuclear Materials Safety and Safeguards, in the Licensing and International Safeguards Branch. He conducts fire safety reviews for fuel cycle facilities licensed by the NRC and is the NRC project manager for the Siemens Power Corporation facility in Richland, Washington. Additional duties have included the development

, of the Fire Safety Chapter of the Standard Review Plan for fuel cycle facilities, inspection of Oak Ridge

. National Laboratory's Research and Engineering Development Center for the DOE Pilot Study, and l inspection of the Gaseous Diffusion Plant at Paducah, KY.

MEMBERSHIPS l

Mr. Lain is a member of the National Fire Protection Association (NFPA) and has served on several standards committees of the NFPA. He is a licensed professional engineer in the State of Maryland. i

DOCKETED UNITED STATES OF AMERICA US4RC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND 1.ICENSING BOAS JUL 23 P2 :01 In the Matter of ) ons

) Rm ,

y PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72 /22 ISFSI

)

(Independent Spent )

Fuel Storage Installation) )

CERTIFICATE OF SERVICE I hereby certify that copies of the "NRC STAFF'S RESPONSE TO APPLICANT'S MOTION FOR ' PARTIAL

SUMMARY

DISPOSITION OF UTAH CONTENTION K AND CONFEDERATED TRIBES CONTENTION B" in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system, or by deposit in the United States mail, first class, as indicated by an asterisk, with copics by electronic mail as indicated, this 22nd day of July,1999:

G. Paul Bollwerk, III, Chairman Atomic Safety and Licensing Board Panel Administrative Judge -

U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Secretary (E-mail copy to GPB@NRC. GOV) ATTN: Rulemakings and Adjudications Staff U.S. Nuclear Regulatory Commission Dr. Jerry R. Kline Washington, DC 20555 Administrative Judge (E-mail copy to:

Atomic Safety and Licensing Board HEARINGDOCKET@NRC. GOV)

U.S. Nuclear Regulatory Commission Washington, DC 20555 Office of the Cemmission Appellate

(E-mail copy to JRK2@NRC. GOV) Adjudication Mail Stop: 16-C-1 OWFN Dr. Peter S. Lam U.S. Nuclear Regulatory Commission Administrative Judge Washington, DC 20555

. Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission James M. Cutchin, V Washington, DC 20555 Atomic Safety and Licensing Board l

(E-mail copy to PSL@NRC. GOV) U.S. Nuclear Regulatory Commission

l. Washington, DC 20555

- (by E-mail to JMC3@NRC. GOV) l l

l

Danny Quintana, Esq.* Diane Curran, Esq.*

'Danny Quintana & Associates, P.C. Harmon, Curran, Spielberg 68 South Main Street, Suite 600 & Eisenberg, L.L. P.

Salt Lake City, UT 84101 1726 M. Street N.W., Suite 600 (E-mail copy to quintana @Xmission.com) Washington, D.C. 20036 (E-mail copy to 1 Jay l E. Silberg, Esq.* deurran@harmoncurran.com)

Ernest Blake, Esq.* '

Paul A.' Gaukler, Esq.* John Paul Kennedy, Sr., Esq.*

SHAW, PITTMAN, POTTS & 1385 Yale Ave.

TROWBRIDGE -

Salt Lake City, UT 84105

- 2300 N Street, N.W. (E-mail copy to john @kennedys.org)

Washington, DC 20037-8007-(E-mail copies to . jay _silberg, Joro Walker, Esq.*

paul _gaukler, and ernest _blake Land and Water Fund of the Rockies

@shawpittman.com) 2056 East 3300 South, Suite 1 Salt Lake City, UT 84109 Denise Chancellor, Esq.* - (E-mail copy to joro61@inconnect.com)

. Fred G. Nelson, Esq.-

' Utah Attorney General's Office , Richard E. Condit, Esq.

160 East 300 South,5th Floor Land and Water Fund of the Rockies P.O. Box 140873- 2260 Baseline Road, Suite 200 Salt Lake City, UT 84114-0873 Boulder, CO 80302 (E-mail copy to dchancel@ State.UT.US) (E-mail copy to rcondit@lawfund.org)

Connie Nakahara, Esq.*

Utah Dept. of Environmental Quality 168 North 1950 West -

P. O. Box 144810

' Salt Lake City, UT 84114-4810 (E-mail copy to cnakahar@ state.UT.US)

$W .Wanza Catherine L. Marco Counsel for NRC Staff