ML20070U156
| ML20070U156 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 02/07/1983 |
| From: | Dignan T, Gad R PUBLIC SERVICE CO. OF NEW HAMPSHIRE, ROPES & GRAY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8302100228 | |
| Download: ML20070U156 (7) | |
Text
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gM Filcd: Fabruary 7, 1983
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Ch nETED U?';n
'83 ng -9 p ; ;9, UNITED STATES OF AMERICA
,hfs V NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF NEW
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Docket Nos. 50-443 OL HAMPSHIRE, et al.
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50-444 OL
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(Seabrook Station, Units 1 & 2)
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APPLICANTS' FOURTH MOTION FOR
SUMMARY
DISPOSITION (CONTENTION NECNP I.I.)
Pursuant to 10 CFR S 2.749, the Applicants hereby move for summary disposition of contention NECNP I.I.
I This contention is premised upon the proposition that there is an enforceable regulatory requirement that the Applicants provide and demonstrate that they have environmentally qualified one path to cold shutdown.
The contention was advanced, not on the l
l 8302100228 830207 PDR ADOCK 05000443 0
PDR 3So3
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basis of any regulation, but rather on an I & E Bulletin issued by the Staff.
Whatever may have been the Staff's position earlier, however, it is equally plain both that the Staff no longer feels that the Applicants have any such duty and that the NRC itself has explicitly declined to impose any such requirement i
upon the Applicants.
In their answer to NECNP Interrogatory No. 15, the Staff stated as follows:
"At this time the NRC does not require even on path of equipment necessary to achieve and maintain cold shutdown to be environmentally qualified.
The Commission believes it would be premature at this time to impose the requirement to environmentally qualify electric equipment and systems necessary to achieve and maintain cold shutedown prior tro the final resolution of [ Unresolved Safety Issue] A-45."1 The basis for this position, plainly, is the promulgation by the Commision of a new final rule, 10 CFR 1 50.49, 48 Fed. Reg. 2729 (1/21/83).
This rule, 1"NRC Staff Response to NECNP Second Set of Interrogr. tories and Request for Production of Documents" (filed 1/21/83) at 13.
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,f_
O entitled " Environmental Qualification of Electric Equipment Important to Safety for Nuclear Power Plants," establishes and bounds the Applicants' environmental qualification responsibilities.
In particular, f 50.49(b) lists those items required to be qualified; one path to cold shutdown is not included.
This omission was intentional, as is revealed by the statement issued by the C6mmission in connection with the promulgation:
"(2) Scope -- Cold Shutdown Requirement --
Paragraph 50.49(b).
"The Commicsion believes it would be premature at this time to impose the requirement to environmentally qualify electric equipment and systems necessary to achieve and maintain cold shutdown prior to the final resolution of l
[ Unresolved Safety Issue] A-45.
Therefore, this requirement is not included in the final rule."
48 Fed. Reg. at 2731 (emphasis added).
Whatever regulatory basis might previously have l
existed for the admission of this l
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t i
contention has now evaporated.
The contention should and must be dismissed.
Respectfully submitted,
&f Iluaus G a ewp
~ p b! W. C. Gc,Ja Thomas G.
Dignan, Jr.
R. K.
Gad III Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 Telephone:
423-6100 Dated:
February 7, 1983 i
k...
o STATMENT OF MATERIAL FACTS 1'
AS TO WHICH THERE IS NO DISPUTE 1.
The NRC has published a final rule on environmental qualific6 tion of electrical equipment, 10 CFR $ 50.49, 48 Fed. Reg. 2729(1/21/83).
This final rule intentionally omits to impose any regulatory requirement that operating license applicants demonstrate one environmentally qualified path to cold shutdown.
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CERTIFICATE OF SERVICE I,
R.
K. Gad III, one of the attorneys for the Applicants herein, hereby certify that on February 7,
- 1983, I made service of the within " Applicants' Fourth Motion for Summary Disposition (Contention NECNP I.I)" by mailing copies thereof, postage prepaid, to:
Helen Hoyt, Chairperson Rep. Beverly Hollingworth Atomic Safety and Licensing Coastal Chamber of Commerce Board Panel 209 Winnacunnet Road U.S. Nuclear Regulatory Commission Hampton, NH 03842 Washington, DC 20555 Dr. Emmeth A.
Luebke William S.
Jordan, III, Esquire Atomic Safety and Licensing Harmon & Weiss Board Panel 1725 I Street, N.W.
U.S. Nuclear Regulatory Commission Suite 506 Washington, DC 20555 Washington, DC 20006 Dr. Jerry Harbour E.
Tupper Kinder, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Office of the Attorney General U.S. Nuclear Regulatory Commission 208 State House Annex Washington, DC 20555 Concord, NH 03301 Atomic Safety and Licensing Roy P. Lessy, Jr.,
Esquire Board Panel Office of the Executive Legal U.S.
Nuclear Regulatory Commission Director Washington, DC 20555 U.S.
Nuclear Regulatory Commission Washington, DC 20555 Atomic Safety and Licensing Appeal Robert A. Backus, Esquire Board Panel 116 Lowell Street U.S. Nuclear Regulatory Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 s
Philip Ahrens, Esquire Edward J. McDermott, Esquire Assistant Attorney General Sanders and McDermott Department of the Attorney Professional Association General 408 Lafayette Road Augusta, ME 04333 Hampton, NH 03842 David L.
Lewis Jo Ann Shotwell, Esquire Atomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S.
Nuclear Regulatory Commission Department of the Attorney General Rm. E/W-439 One Ashburton Place, loth Floor Washington, DC 20555 Boston, MA 02108 Mr. John B.
Tanzer Ms. Olive L.
Tash Designated Representative of Designated Representative of the Town of Hampton the Town of Brentwood 5 Morningside Drive R.F.D.
1, Dalton Road Hampton, NH 03842 Brentwood, NH 03833 Roberta C.
Pevear Edward F. Meany Designated Representative of Designated Representative of the Town of Hampton Falls the Town of Rye Drinkwater Road 155 Washington Road Hampton Falls, NH 03844 Rye, NH 03870 Mrs. Sandra Gavutis Designated Representative of l
the Town of Kensington RFD 1 East Kingston, NH 03827 As/ 4?. r. dh,c u, r
R. K. Gad III l _ _ _ _