Similar Documents at Perry |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20212J1581999-09-30030 September 1999 Order Approving Transfer of License & Conforming Agreement. Orders That License Transfer Approved,Subj to Listed Conditions ML20205D4901999-02-22022 February 1999 Transcript of 990222 Informal Public Hearing on 10CFR2.206 Petition in Rockville,Md.Pp 1-105.Supporting Documentation Encl ML20198D9711998-11-0909 November 1998 Petition Per 10CFR2.206 Requesting That Facility Be Immediately Shut Down & OL Be Suspended or Modified Until Such Time That Facility Design & Licensing Bases Properly Updated to Permit Operation with Failed Fuel Assemblies ML20155F4561998-08-26026 August 1998 Demand for Info Re False Info Allegedly Provided by Wh Clark to Two NRC Licensees.Nrc Considering Whether Individual Should Be Prohibited from Working in NRC-licensed Activities for Period of 5 Yrs ML20236V5261998-07-20020 July 1998 Computer Access & Operating Agreement Between Cleveland Electric Illuminating Co & NRC PY-CEI-NRR-2284, Comment Opposing Proposed Generic Communication, Lab Testing of Nuclear-Grade Activated Charcoal1998-05-21021 May 1998 Comment Opposing Proposed Generic Communication, Lab Testing of Nuclear-Grade Activated Charcoal ML20216B5111998-04-0909 April 1998 Order Imposing Civil Monetary Penalty.Denies Request for Remission of Violation C,Ea 97-430 & Orders Licensee to Pay Civil Penalty in Amount of $50,000 within Next 30 Days PY-CEI-NRR-2269, Comment on Proposed Rule 10CFR50.NRC Should Demonstrate That Not Only Is Code Process Flawed,But That Proposed Change Justified from Cost Versus Safety Protective1998-04-0303 April 1998 Comment on Proposed Rule 10CFR50.NRC Should Demonstrate That Not Only Is Code Process Flawed,But That Proposed Change Justified from Cost Versus Safety Protective ML20216G3821998-03-11011 March 1998 Order Approving Application Re Merger Agreement Between Duquesne Light Co & Allegheny Power Systems,Inc ML20217J0661998-03-11011 March 1998 Order Approving Application Re Merger Agreement Between Dqe, Inc & Allegheny Power System,Inc ML20198P9311997-11-0707 November 1997 Comments of American Municipal Power-Ohio,Inc.NRC Should Require Allegheny Power Sys,Inc to Affirm That Capco Antitrust License Conditions Will Be Followed ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20133B6941996-12-18018 December 1996 Submits Ordinance 850-96 Re Approval of Merger of Centerior & Oh Edison Into Firstenergy ML20135F4731996-12-0606 December 1996 Memorandum & Order CLI-96-13.* Commission Reverses & Vacates ASLB LBP-95-17 Which Granted Motion for Summary Disposition Submitted by Ocre & Hiatt.W/Certificate of Svc.Served on 961206 ML20132A8461996-12-0202 December 1996 Resolution 20-1996 Supporting Merger of Ohio Edison & Centerior Corp Under New Holding Company Called Firstenergy ML20134M6191996-10-28028 October 1996 Proclamation of Support by City of Sandusky,Oh Re Merger of Ohio Edison and Centerior Energy Corp ML20112J8281996-06-18018 June 1996 Licensee Reply Brief on Review of Licensing Board Decision LBP-95-17.* W/Certificate of Svc ML20112D8721996-05-29029 May 1996 Intervenor Brief in Support of Commission Affirmation of LBP-95-17.* Commission Should Affirm Licensing Board Decision.W/Certificate of Svc ML20108D9571996-05-0303 May 1996 CEI Response to City of Cleveland 2.206 Petition.Nrc Should Deny Petition ML20108B7571996-04-26026 April 1996 Licensee Brief on Review of Licensing Board Decision LBP-95-17.* Recommends That Commission Reverse Board Memorandum & Order Issued 951004.W/Certificate of Svc & Svc List PY-CEI-NRR-2034, Comment Opposing Proposed Rule 10CFR20 Re Reporting Requirements for Unauthorized Use of Licensed Radioactive Matl1996-03-11011 March 1996 Comment Opposing Proposed Rule 10CFR20 Re Reporting Requirements for Unauthorized Use of Licensed Radioactive Matl ML20101B5841996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement Or,In Alternative,For Severance of Issue & Expedited Hearing Procedures.W/Certificate of Svc ML20097B8721996-01-23023 January 1996 Petition of City of Cleveland,Oh for Expedited Issuance of Nov,Enforcement of License Conditions & Imposition of Appropriate Fines,Per 10CFR2.201,2.202,2.205 & 2.206 ML20097B8911996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement or in Alternative,For Severance of Issue & Expedited Hearing Procedures ML20096E2471996-01-0303 January 1996 Comment on PRM 50-64 Re Stockpiling Ki for Use as Thyroid Protectant in Event of Nuclear Accident.Supports Distribution of Ki to Public ML20094N1951995-11-17017 November 1995 Oh Edison Application for License Transfer in Connection W/ Sale & Related Transactions ML20094M5941995-11-15015 November 1995 Intervenors Answer to Licensees Petition for Review.* Intervenor Conclude That Commission Should Not Review Board Decision.W/Certificate of Svc ML20094J9141995-11-0707 November 1995 Petition for Review.* Submits That Commission Review of Board Decision Appropriate Under 10CFR2.786. W/Certificate of Svc & Svc List ML20093N9491995-10-23023 October 1995 Licensee Request for Extension of Time to File Petition for Review.* Requests That Commission Grant Extension Until 951107 of Deadline for Filing Petition for Review. W/Certificate of Svc ML20065L3571994-04-0505 April 1994 Intervenors Answer to NRC Staff Response to Intervenors Motion for Summary Disposition & Licensees Cross Motion for Summary Disposition.* Urges Board to Deny Licensee Cross Motion.W/Certificate of Svc ML20064N6341994-03-21021 March 1994 Affidavit of RW Schrauder in Support of Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition.W/Certificate of Svc ML20064N6081994-03-21021 March 1994 Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition.* Moves for Decision in Licensee Favor on Ocre Contention ML20064N9201994-03-21021 March 1994 Affidavit of RW Schrauder in Support of Licensee Cross Motion for Summary Disposition & Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Motion for Summary Disposition. W/Svc List ML20063L4621994-02-0707 February 1994 Motion for Summary Disposition.* Intervenors Request That Board Grant Summary Disposition Favorably & Issue Declaratory Relief by Finding Challenged Portion of Amend 45 to Be in Violation of Aea.W/Certificate of Svc ML20058P4451993-12-13013 December 1993 Licensee Answer to Ohio Citizens for Responsible Energy,Inc & SL Hiatt Supplemental Petition for Leave to Intervene.* W/Certificate of Svc ML20059L9391993-11-12012 November 1993 Petitioners Supplemental Petition for Leave to Intervene.* Court Held That NRC May Not Eliminate Public Participation on Matl Issue in Interest of Making Process More Efficient. W/Certificate of Svc ML20059B1421993-10-19019 October 1993 Order.* Petitioners Shall File Supplemental Petition in Accordance W/Schedule in 931018 Order.W/Certificate of Svc. Served on 931020 ML20059B1761993-10-18018 October 1993 Order.* Informs That for Each Contention,Petitioners Shall Comply Fully W/Requirements of 10CFR2.714(b)(2)(i),(ii) & (III) & Their Filing Should Address Requirements Set Forth in Regulations.W/Certificate of Svc.Served on 931019 ML20059B0701993-10-12012 October 1993 Motion to Defer Consideration of Remanded Issue.* Requests That Licensing Board Defer Consideration of Remanded Issue Pending Outcome of Commission Review of 2.206 Process.W/ Certificate of Svc ML20058M8761993-09-30030 September 1993 Memorandum & Order CLI-93-21.* Appeal for Hearing Re Amend to Plant OL Denied.W/Certificate of Svc.Served on 930930 ML20057C0461993-09-21021 September 1993 Supplemental Director'S Decision DD-93-15 Involving 920929 Request for Certain Actions to Be Taken Re Proposed Construction of Interim onsite,low-level Radioactive Waste Facility at Plant.Request Denied ML20056C8951993-07-19019 July 1993 Order Extending Time within Which Commission May Rule on Petitions for Review of LBP-92-32.W/Certificate of Svc. Served on 930720 ML20045B5661993-06-0707 June 1993 Comment Re Proposed Generic Communication on Mod of TS Administrative Control Requirements for Emergency & Security Plans,As Published in Fr on 930401 (58FR17293).Believes Concept of Technical Review Not Addressed by STS ML20044E2781993-05-13013 May 1993 Comment Supporting Petition for Rulemaking PRM-50-58 Re VEPCO Petition to Change Frequency of Emergency Planning Exercise from Annual to Biennial ML20127A6171993-01-0606 January 1993 Order.* Time within Which Commission May Rule on Petitions for Review of Board Order LBP-92-32,dtd 921118,extended Until 930208.W/Certificate of Svc.Served on 930106 ML20126D5171992-12-23023 December 1992 City of Brook Park Answer to Petitions for Review.* Opposes Applicants 921208 Petitions for Review Based on Fact That ASLB Decision in proceeding,LBP-92-32,adequately Addressed Issues Raised in Petitions.W/Certificate of Svc ML20126F6501992-12-23023 December 1992 Answer of City of Cleveland,Oh,Intervenor,In Opposition to Petitions for Review of 921118 Decision of Aslb.* Petitioners Petitions for Review Should Be Denied. Certificate of Svc Encl ML20126D5461992-12-23023 December 1992 Answer of Cleveland Electric Illuminating Co & Toledo Edison Co to Limited Petition for Review of City of Cleveland,Oh of 921118 Decision of Aslb.* Commission Should Deny City of Cleveland Petition.W/Certificate of Svc ML20126D5781992-12-23023 December 1992 Answer of American Municipal Power-OH,Inc in Opposition to Petitions for Review of Oh Edison Co & Cleveland Electric Illuminating Co/Toledo Edison Co.* W/Certificate of Svc ML20126D5801992-12-23023 December 1992 NRC Staff Answer in Response to Petitions for Review Filed by Oh Edison Co,Cleveland Electric Illuminating Co,Toledo Edison Co & City of Cleveland.* W/Certificate of Svc 1999-09-30
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20155F4561998-08-26026 August 1998 Demand for Info Re False Info Allegedly Provided by Wh Clark to Two NRC Licensees.Nrc Considering Whether Individual Should Be Prohibited from Working in NRC-licensed Activities for Period of 5 Yrs ML20198P9311997-11-0707 November 1997 Comments of American Municipal Power-Ohio,Inc.NRC Should Require Allegheny Power Sys,Inc to Affirm That Capco Antitrust License Conditions Will Be Followed ML20134L3401997-01-22022 January 1997 Resolution 96-R-85, Resolution Supporting Merger of Centerior Energy Corp & Ohio Edison Under New Holding Co Called Firstenergy ML20133B6941996-12-18018 December 1996 Submits Ordinance 850-96 Re Approval of Merger of Centerior & Oh Edison Into Firstenergy ML20132A8461996-12-0202 December 1996 Resolution 20-1996 Supporting Merger of Ohio Edison & Centerior Corp Under New Holding Company Called Firstenergy ML20134M6191996-10-28028 October 1996 Proclamation of Support by City of Sandusky,Oh Re Merger of Ohio Edison and Centerior Energy Corp ML20108D9571996-05-0303 May 1996 CEI Response to City of Cleveland 2.206 Petition.Nrc Should Deny Petition ML20097B8911996-01-23023 January 1996 Motion of City of Cleveland,Oh for Partial Summary Judgement or in Alternative,For Severance of Issue & Expedited Hearing Procedures ML20094N1951995-11-17017 November 1995 Oh Edison Application for License Transfer in Connection W/ Sale & Related Transactions ML20114A8841992-08-17017 August 1992 Designation of City of Brook Park,Oh of Adopted Portions of Summary Disposition Pleadings.* Brook Park Not Advancing Any Addl Argument or Analysis in Connection W/Designation,Per 920806 Memorandum & Order.W/Certificate of Svc ML20101E5241992-06-15015 June 1992 Notice of Appearance on Behalf of City of Brook Park,Oh.* Listed Counsel Entering Appearance on Behalf of City of Brook Park,Oh in Facility Proceeding ML20091E2431992-04-0202 April 1992 Notice of Appeal.* Appeals Decision of ASLB in Proceeding LBP-92-04 ML20085K7131991-10-23023 October 1991 Notice of Appeal.* Notice Served Due to Board Error in Granting Hearing on Applications for Suspension of Antitrust License Conditions ML20085K8371991-10-0101 October 1991 Notice of Appearance.* Informs of Entrance Into Proceeding. Name,Address & Telephone Number Encl.W/Certificate of Svc ML20079H4331991-10-0101 October 1991 Notice of Appearance.* Enters Appearance Into Proceeding. W/Certificate of Svc ML20083F1071991-09-26026 September 1991 Notice of Appearance.* Requests Appearance in Proceeding Re Denial of Applications for OL Amends to Suspend Antitrust License Conditions.W/Certificate of Svc ML20083F1611991-09-24024 September 1991 Notice of Appearance.* Informs of Entrance of Appearance Into Proceeding.W/Certificate of Svc ML20083F1411991-09-23023 September 1991 Notice of Appearance.* Informs of Entrance of Appearance Into Proceeding.W/Certificate of Svc ML20076D2631991-07-22022 July 1991 Notice of Intent to Participate.* Files Notice of Intention to Participate in Proceeding Re Facility Concerning Antitrust Laws.W/Certificate of Svc ML20077C9371991-05-0505 May 1991 Notice of Withdrawal of Appeal.* Intervenor Withdrawing Notice of Appeal,Filed 901119 & Appellate Brief,Filed 901219 Re Facility.W/Certificate of Svc ML20235T6501988-11-10010 November 1988 Incomplete Abstracts of Papers,Per 58th Annual Meeting ML20207K1101988-09-13013 September 1988 Comments of City of Cleveland,Oh in Opposition to Application for Suspension of OL Antitrust Conditions. Centerior Energy Corp Application Should Be Denied Because Company Misinterprets Scope of Sholly Amend ML20151D3321988-07-0707 July 1988 Requests That Deadline for Filing Comments on Centerior Application Be Extended 60 Days,Until 880914.Certificate of Svc Encl ML20197F5631988-06-0606 June 1988 Receipt of C Kline,T Burling,R Bimber & R O'Connell Petition,On Behalf of Concerned Citizens of Lake County, Citizens of Geauga County & Concerned Citizens of Ashtabula County,For Director'S Decision Under 10CFR2.206 ML20235T6211988-02-28028 February 1988 Northeastern Oh Earthquake of 860131:was It Induced.* Paper from Bulletin of Seismological Society of America,Vol 78, Number 1 ML20212F5411987-03-0303 March 1987 Memorandum Re Antitrust Reviews Associated W/Cleveland Electric Illuminating Co & Ohio Edison Co 870123 Application for Amend to License NPF-58 Concerning Sale & Leaseback Transactions.Supporting Documentation Encl ML20214C7641986-11-0303 November 1986 Resolution Encouraging NRC to Withhold Approval of Operation at More than 5% Capacity Pending Review of Evacuation Plan.Served on 861120 ML20215K4641986-10-24024 October 1986 Resolution Calling on R Celeste to Take Steps to Permanently Close Subj Plants & Ban All Future Plants in State of Oh & Advocating Operation of Monitoring Sys at Perry Power Plant by Party Other than Util.Served on 861027 ML20214P9871986-09-18018 September 1986 Notice of Change of Address for Shaw,Pittman,Potts & Trowbridge.Certificate of Svc Encl ML20214R0631986-09-17017 September 1986 Ordinance 1986-189 Requesting Rev of Radiological Emergency Response Plan Extending Boundaries to Include City of Willoughby.Served on 860925 ML20205F2891986-08-15015 August 1986 Response Recommending Denial of Sunflower Alliance,Inc 860808 Notice of Appeal from Aslab 860725 Decision ALAB-841 Re Emergency Planning.Certificate of Svc Encl ML20235T4461986-04-0808 April 1986 Earthquake on 860131 Near Chardon,Oh & Significance for Perry Nuclear Power Plant & for Earthquake Hazard in Eastern Us.* Testimony Before Subcommittee on Energy & Environ ML20154R5891986-03-25025 March 1986 Certifies Svc of Appeal Board 860325 Grant Endorsing Applicant Motion for Leave to Resubmit Figures to Listed Individuals ML20153G3331986-02-25025 February 1986 Notice of Appearance in Proceeding.Certificate of Svc & Svc List Encl ML20235T4301986-01-31031 January 1986 Studies of 860131 Northeastern Ohio Earthquake.* ML20198H8971986-01-29029 January 1986 Response to Aslab 860103 Memorandum & Order Re Hydrogen Control Rule.Consideration of Accidents Involving Station Blackout W/Rcic Unnecessary to Determine Adequacy of Preliminary Analysis ML20141F6081986-01-0606 January 1986 Notice & Offer of Withdrawal of Proposed Contentions Re Single Loop Operation of Facility at 70% Rated Thermal Power.Certificate of Svc Encl ML20138R2421985-12-27027 December 1985 Notice of Withdrawal of Appearance in Proceeding.Certificate of Svc Encl ML20137D6441985-11-25025 November 1985 Notice of 851219 Oral Argument in Bethesda,Md Re Pending Appeals of Ocre & Sunflower Alliance from Board 850903 Concluding Partial Initial Decision on Emergency Planning. Served on 851126 ML20133F6991985-10-0808 October 1985 Withdrawal of 850916 Notice of Appeal from Concluding Partial Initial Decision LBP-85-35 Re Emergency Planning ML20135H8621985-09-19019 September 1985 Notice of Appeal of ASLB Decisions LBP-83-35 & LBP-85-33 Re Memorandums & Orders Concerning Motions to Reopen Record & Appointment of ASLB Witness & ASLB Decision LBP-84-40. Certificate of Svc Encl ML20135G1021985-09-16016 September 1985 Notice of Aslab Reconstitution.As Rosenthal,Chairman & WR Johnson & Ha Wilber,Members.Served on 850917 ML20135G1061985-09-16016 September 1985 Notice of Appeal from ASLB Concluding Partial Initial Decision on Emergency Planning,Hydrogen Control & Diesel Generators.Certificate of Svc Encl ML20135G1171985-09-16016 September 1985 Opposes Staying Immediate Effectiveness of ASLB 850903 Partial Initial Decision on Emergency Planning.Applicant Has No Time to Respond to Intervenor 850911 Filing Opposing Decision.Certificate of Svc Encl ML20112B1581985-03-14014 March 1985 Proposed Changes to Transcripts of 850201,27 & 0313 Telcons Correcting Matl Errors.Aslb Requested to Issue Order Directing That Record Be Amended to Incorporate Changes. Certificate of Svc Encl.Related Correspondence ML20114B7541985-01-24024 January 1985 Exceptions to ASLB 850111 Memorandum & Order Re Admissibility of Contentions on Emergency Plan & Motion to Dismiss & 850115 Erratum ML20113F2961985-01-22022 January 1985 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20112J8511985-01-14014 January 1985 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20093H7511984-10-12012 October 1984 Reply to Ohio Citizens for Responsible Energy 841003 Response to Applicant 840918 Motion Re Spec of Credible Accident Scenario Under Issue 8.Response Should Be Denied. Certificate of Svc Encl ML20098E6681984-09-26026 September 1984 Supplemental Filing on Issue 6 Re Automation of Standby Liquid Control Sys.Certificate of Svc Encl 1998-08-26
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to . . . s. _
3 RELATED CORRIS?ONosh.
September 7, 1984 UNITED STATES OF AMERICA NUCLEAR-REGULATORY-COMMISSION BEFORE'THE ATOMIC SAFETY-AND LICENSING BOARD In the/ Matter of )
)
THE CLEVELAND ELECTRIC .) ~ Docket Nos. 50-440 DL ILLUMINATING COMPANY ) 50-441 Ol/
)
'(Perry Nuclear' Power Plant,. )
' Units'l and 2)' -)
APPLICANTS' ' RESPONSE TO ASLB REQUEST FOR INFORMATION
-ON ATWS RULE AND THE PERRY SLCS 4,'On July 6, 1984, Ohio Citizens for Responsible Energy
-("OCRE") filed ~a. motion for summary disposition of Issue No. 6.
..That contention-asserted that Applicants' Standby Liquid' Con-trol System ("SLCS").should be, automatically rather than manu-ally initiated. The motion was based upon the NRC's publica-
, tion on June 26, 1984 of its final rule on anticipated transients without_ scram ("ATWS"). 49 Fed. Reg. 26036. The- -
rule explicitly resolved the question of SLCS initiation mode by defining those cases in which reactors must have automatic l initiation. . The rule stated that automatic SLCS must be pro-vided for those boiling water reactors receiving construction i
' permits after July 26, 1984 and those plants who received con-
-struction permits prior to that date "that have already been designed and built..to include this feature."
8409110241 840907 ~'
.! PDR ADOCM 05000440 i 'O PDR .
4 OCRE's motion asserted that there was no genuine issue of material fact to be heard on this issue, citing a letter from Applicants to the NRC Staff dated August 13, 1982, and Appli-cants' answers to interrogatories. In filings dated July 30, 1984, Applicants and the NRC Staff opposed OCRE's motion, argu-ing that OCRE's filing on its face demonstrated that the rerry SLCS was not designed and built to include automatic initiation.
In an oral request, the Licensing Board requested that OCRE, Applicants and the Staff provide information on the mean-ing of the " designed and built" language of the new ATWS rule and how that language' applies to the Perry SLCS. Applicants hereby respond to the Licensing Board's request. Based upon the information submitted with this Response, particularly the Affidavits of Dalwyn Davidson, Frank Stead and Gary Leidich, Applicants respectfully submit that the appropriate action is to dismiss Issue No. 6 from this proceeding.
I. INTERPRETATION OF ATWS RULE The Commission's final ATWS rule, 49 Fod. Reg. 26036, specifies those' cases in which the-SLCS must have automatic initiation. New 10 C.F.R. S 50.62(c)(4) states in part:
l The SLCS initiation must be automatic and l must be designed to perform its function in a reliable manner for plants granted a con-
, struction permit after Julf 26, 1984, and for i plants granted a construction permit prior to July 26, 1984, that have already been designed and built to include this feature.
l 49 Fed. Reg. at 26045 (emphasis added). The Supplementary l
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) .Information accompanying the new rule further discusses the auto-matic initiation requirement of the new rule.
New plants (those which will receive con-
.struction permits after the effective date of this rule) will be required to have equipment for automatic initiation of the SLCS. Most of those plants have already been designed for this feature. Also, other plants that have been designed and built to include this
- feature must utilize-this feature.
49 Fed. Reg. at.26038 (emphasis added).
With respect to reactors such as Perry (with construction permits issued before July 26, 1984), the language of the rule and its accompanying Supplementary Information make at least two points clear. First, for automatic initiation to be required, automatic initiation must be both designed and built. The regu-lation clearly uses the conjunctive "and." So, too, does its statement of consideration. Having only a design of an automatic system is not enough. There must be both a design and a " built" system. The second point is that the designing and building must be complete. The rule requires that the plant "have already been designed and built" for automatic initiation to be required.
Similarly, the Supplementary Information states that for automat-ic initiation to be required, the plant must "have been designed and built to. include this feature." The use of the present per-fect tense clearly indicates that the designing and building must already have been finished by the date of the rule (June 26, 1984).1/
1/ Present perfect tense is defined as "a verb tense that is formed in English with 'have' and that expresses action or (Continued next page) g Thus, for the automatic initiation requirement of 10 C 'R.
S 50.62(c)(4) to apply, both the design of the Perry SLCS initiation and its installation must have been completed in the automatic mode by June 26, 1984.
II. STATUS OF PERRY SLCS As demonstrated by the attached affidavits of Dalwyn Davidson, Frank Stead and Gary Leidich, the Perry SLCS was not already designed for automatic initiation and (if even it had been already designed for automatic initiation) it was not al-ready built to include automatic initiation.
A. DESIGNED The Affidavit of Frank Stead details the design history of the Perry SLCS. Both the Preliminary and Final Safety Analysis Reports described the Perry SLCS as being designed for manual initiation. Stead Aff. at 11 2-4. Beginning in late 1979, Gen-eral Electric proposed and CEI authorized a series of activities relating to ATWS, including SLCS initiation. Id. at 11 7-8. In response to the NRC Staff's apparent selection of the group of ATWS modifications known as Alternate 3A (which included automat-ic initiation), GE first analyzed, then designed, and finally supplied equipment for the Alternate 3A package. Id. at i 11.
(Continued) state completed at the time of speaking." Webster's New Collegiate Dictionary (Merriam 1981), at 903 (emphasis added). :
i g CEI perceived the risk that an ATWS rule mandating Alternate 3A modifications might adversely affect fuel load schedules. Id. at i 9. At the same time, CEI believed that automatic initiation carried with it the risk -- and cost -- of inadvertent actuation.
Id. at 1 6. CEI proceeded with the analysis, design and equip-ment procurement that could enable CEI to incorporate automatic initiation if that were necessary to meet fuel load schedules.
Id. at i 9.
Throughout this entire period, the FSAR continued to de-scribe SLCS as having manual initiation. Id. at 11 3-4. Indeed, it was on that basis that the NRC Staff reviewed the Perry de-sign. See, NUREG-0887, Safety Evaluation Report related to Op-eration of Perry Nuclear Power Plant, Units 1 and 2 (May 1982),
S 9.3.4; NUREG-0887, Supp. 1, S 9.3.4; NUREG-0887 Supp. 2, S 9.3.4; NUREG-0887, Supp. 3, S 9.3.4.
In June 1982, GE completed its design work on automatic initiation and forwarded the drawings to Perry's architect-engineer, Gilbert Associates, Inc. ("GAI"). Stead Aff.
at i 11. Later that month, CEI described its SLCS as manual at the ACRS subcommittee meeting. Id. And at a July 20, 1982 meet-ing, CEI presented its entire ATWS design to the NRC Staff. Id.
That design included manual SLCS initiation. Id. On August 2, 1982, GAI completed a revision of its SLCS electrical drawings, in which it took GE's drawings and transferred them to its own.
At this point, the electrical elementary drawings for Perry showed an SLCS with automatic initiation. Id. at i 12.
-)1 However, four days later, on August 6, 1982, CEI directed that GE revise a. December 1981 analysis report to reflect manual initiation. Ijl. at 1 11. And on August 9, 1982,. based on CEI's
- July 20, 1982 meeting with the NRC Staff, CEI directed GE to re-
, turn GE's SLCS design to manual. Id. at 1 13. CEI's August 13, 1982 letter to the NRC, discussed in Mr. Davidson's Affidavit, indicated-that the Perry SLCS design would have automatic capa-bility,.i.e., that the design would not preclude changing the initiation mode to automatic if that we're required by the ATWS rule. Only with additional equipment and hardware changes could
'the system be automatically initiated.
GE forwarded preliminary modification diagrams in November 1982, but did not issue formal documentation to change its draw-ings until December 1983. Stead Aff. at 1 13. The GAI SLCS drawings were finally returned to manual configuration in
' February 1984. d.
Id_
Applicants believe that the conclusion to be drawn from this factu' ally complicated story is that Perry was not one of the
' plants that "have already been designed" with automatic initiation. As of the'date of the rule's issuance, June 26, 1984, the FSAR and the SLCS electrical elementary drawings both showed manual initiation. While these drawings did show automat-ic initiation during the August 1982-February 1984 period, both the Stead and Davidson Affidavits establish that the automatic initiation design effort had been undertaken as a contingency and did not reflect Applicants' intended design.
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ThestatusoftheinstallationofthelPerrySLCSinitiation is detailed in the Affidavit of Gary Leidich. A substantial
- .i s quantity of'addicional equipment'.'+0uld be required to make the
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Perry SLC'S automatically ini%ted. ,Leidich Aff. at 11 4, 6.
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8
( s Virtually',none of the wiring to .g cymplish s f ,\
'this was ever in-
,' stalled.
Id,. . a jl'ji 4. The key-locked switetes controlling SLCS y /, ,
' initiation, airsady installed in the control' room, would have to A '( * ,
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be replaced. ' W 2
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s 1 .' Although,tb Redundant Reactivity Control System ("RRCS")
( / 3 panels as, 'installed "
are the standard GE, Alternate 3A design and s s , s
, do i/ ncnd.a certa,in' pri,rited circuit card and memory chips which s
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. ' - would be a partsn: ' anDeatomatic initiation feature, this control
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logiciv as'oevor connected to the plant instrumentation that would
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generate the signals tp automatically initiate SLCS; nor was it
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ever connects.d to the SLCS system (i.e., the pumps and valves) itself. Id,. at 1 4-5.
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Thus, as of June 26, 1984, the system was not already built to include automatic initiation. Indeed, it was being built as a (Q N' ,
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,b.anually' initiated system. M. r.t 1 7.
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,III. CONCLUSION
\g <Dased upon the Affidavits of Messr.t. Davidson, Stead and s . .
\
[e,s I(' ' Leidich, Applicants, submit that the Perry SLCS was n
[preadydesinednoralrebdybuilttoincludeautomaticinitiation.
S e a Applicants beli' eve th5t the uncontradicted evidence shows that J /, (
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the SLCS was designed and has been built to include manual i \
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( initiation.- While OCRE may quarrel with the ATWS rule itself by arguing that it might be easy or inexpensive to convert the Perry SLCS to automatic initiation,2/ the rule itself is clear and un-ambiguous. Unless the Perry SLCS has already been designed and built to include automatic initiation, Applicants are authorized to use their manual initiation.
With the record now developed on-this issue, the appropriate
. action by the Licensing Board should be to dismiss Issue No. 6 from this proceeding.
Respectfully submitted, d
SHAW, PITTMAN, POTTS & TROWBRIDGE i
By: ( h p Ja e S .lbefg, P.C.
18 W M Street, N.W.
Washingt6n, D.C. 20036 (202) 822-1000
~
Counsel for Applicants DATED: September 7, 1984 I
2/ See OCRE Reply to Applicant and NRC Staff Responses to OCRE's Motion for Summary Disposition of Issue No. 6, dated August 3, 1984, at 3-5.
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