ML20080R199

Exceptions to ASLB 830921 Partial Initial Decision. Certificate of Svc Encl

ML20080R199
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	10/11/1983
From:	Twana Ellis HUNTON & WILLIAMS, LOUISIANA POWER & LIGHT CO.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
ISSUANCES-OL, NUDOCS 8310170409
Download: ML20080R199 (5)

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LILCO, October 11, 1983

'Shc UNITED STATES OF AMERICA-fj OCT 14 #1:51 NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Appe57f:BbgrdC4 P -

w=TytG & 55p.,;y~ c ORANCH In the Matter of

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LONG ISLAND LIGHTING COMPANY

)

Docket No. 50-322 (OL)

)

(Shoreham Nuclear Power Station,

)

Unit 1)

)

LILCO'S EXCEPTIONS T' THE PARTIAL INITIAL DECISION OF ASLB DATED SEPTEMBER 21, 1983 I

1 LILCO, pursuant to 10 CFR S 2.762, hereby notes the following exceptions to the Partial Initial Decision (PID) of I

the ASLB dated September 21, 1983.

1.

LILCO concurs with the Board's conclusion that SC/ SOC Contention 7B must fail,1/ that LILCO has met or exceeded any existing NRC regulatory requirements for systems interaction, safety classification and quality assurance, and that LILCO and the NRC Staff have applied adequate methodology to assure that the Shoreham design adequately protects the health and safety of the public.

(E.g.,

PID at 154-55, 200-01.)

LILCO also agrees with the Board (and NRC Staff) that 1/

LILCO further believes that SC/ SOC Contention 7B should not have been admitted because it was excessively broad, vague and without support in the NRC's regulations.

(See Board Memo-randum dated March 15, 1982, at 12-15 (admitting the contention over LILCO's objections).)

8310170409 G31011 PDR ADOCK 05000322 O

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l' it is appropriate to apply graded quality assurance to non-safety related structures, systems and components.

In fact, the Board concluded LILCO had done this.

(E.g.,

PID at j

179).

2.

But LILCO excepts to the imposition of a license condition based on the Board's conclusion that the terms " safe-a ty related" and "important to safety" are not synonymous.

(E.g., PID at 148-49.)

The Board did not address LILCO's posi-tion that the future application of the term "important to 4

safety" is a matter of generic concern and, because LILCO had i

demonstrated compliance with all NRC requirements, the issue should be resolved for Shoreham and all other plants on an industry-wide basis.

(LILCO Proposed. Opinion, Findings of Fact and Conclusion of Law, dated May 2, 1983, Vol. Two of Three, at i

46-49.)

A license condition for Shoreham should not include any requirements beyond those that will be imposed upon all l

other nuclear power plants through the generic consideration of this issue.

Other portions of the decision related to this ex-ception include:

PID at 148, lines 13-17; 149, lines 1-5; 165, lines 12, 13; 166, lines 14, 15, 21, 22; 170, lines 5-12, 22-35; 171, lines 18-24; 176, line 20 to 177, line 7; 183, lines 17-18; 200, lines 12-16; Findings of Fact (in whole or in l

l part), J-223, 228, 232, 234, 236, 241, 261, 262, 291, 293, 320,.

307, 321, 328, 900, 341, 386, 636, 644, 708, 710, 714, 716, 1002, 1003; the Board's refusal to admit into evidence LILCO Exhibits 17 (Tr. 7,780), 68 (20,637-41) and 75 (Tr. 21,165-69).

Respectfully submitted, LONG ISLAND LIGHTING COMPANY

/

/Jb' EE S

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T Antho(f F.

Earley, Jr.

Hunton & Williams P.

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Box 1535 Richmond, Virginia 23212 DATED:

October 11, 1983 s

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LILCO, October 11, 1983 I

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CERTIFICATE OF SERVICE In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322 (OL)

I hereby certify that copies of LILCO's Exceptions to o

the Partial Initial Decision of ASLB Dated September 21, 1983 were served this date upon the following by first-class mail, postage prepaid.

Lawrence Brenner, Esq.

Secretary of the Commission Administrative Judge U.S. Nuclear Reg 41atory Atomic Safety and Licensing Commission Board Panel Washington, D.C.

20555 U.S.

Nuclear Regulatory Commission Alan S.

Rosenthal, Chairman Washington, D.C.

20555 Atomic Safety and Licensing Appeal Board Panel Dr. Peter A. Morris U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C.

20555 Board Panel U.S.

Nuclear Regulatory Gary J.

Edles Commission Atomic Safety and Licensing Washington, D.C.

20535 Appeal Board Panel U.S.

Nuclear Regulatory

(

Dr. George A.

Ferguson Commission Administrative Judge Washington, D.C.

20555 Atomic Safety and Licensing Board Panel Howard A. Wilber Schcol of Engineering Atomic Safety and Licensing Howard University Appeal Board Panel 2300 6th Street, N.W.

U.S. Nuclear Regulatory Washington, D.C.

20059 Commission Washington, D.C.

20555 l

e e Atomic Safety and Licensing J.

Gilmartin, Esq.

Board Panel Attn:

Patricia A. Dempsey, Esq.

U.S. Nuclear Regulatory County Attorney Commission Suffolk County Department of Law Washington, D.C.

20555 Veterans Memorial Highway Hauppauge, New York 11787 Bernard M.

Bordenick, Esq.

Stephen B.

Latham, Esq.

David A. Repka, Esq.

Twomey, Latham & Shea U.S. Nuclear Regu.latory 33 West Second Street Commission P.

O.

Box 398 Washington, D.C.

20555 Riverhead, New York 11901 Herbert H. Brown, Esq.

Ralph Shapiro, Ecq.

Lawrence Coe Lanpher, Esq.

Cammer and Shapiro, P.C.

Kirkpatrick, Lockhart, Hill 9 East 40th Street Christopher & Phillips New York, New York 10016 1900 M Street, N.W.

Washington, D.C.

20036 James Dougherty, Esq.

3045 Porter Street Mr. Marc W.

Gcidsmith Washington, D.C.

20008 Energy Research Group 4001 Totten Pond Road Howard L.

Blau Waltham, Masschusetts 02154 217 Newbridge Road Hicksville, New York 11801 i

MHB Technical Associates 1723 Hamilton Avenue Jonathan D.

Feinberg, Esq.

Suite K New York State i

San Jose, California 95125 Department of Public Service Three Empire State Plaza Mr. Jay Dunkleberger Albany, New York 12223 New York State Energy Office l

Agency Building 2 Empire State Plaza Albany, New York 12223 1

i S Y M l i ';

l T.

Hunton & Williams

/y 707 East Main Street l

P.O.

Box 1535 i

Richmond, Virginia 23212

- DATED:

October 11, 1983 i

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