ML041610053

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NRC Staff Response to Objections to Confirmatory Order Modifying License
ML041610053
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 04/23/2004
From: Lisa Clark
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
Byrdsong A T
References
+adjud/rulemjr200506, 50-346-CO, ASLBP 04-825-01-CO, RAS 7665
Download: ML041610053 (10)


Text

April 23, 2004 RAS 7665 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC BEFORE THE ATOMIC SAFETY AND LICENSING BOARD April 27, 2004 (1 1:08AM)

In the Matter of )

OFFICE OF SECRETARY

) Docket No. 50-346-CO RULEMAKINGS AND FIRSTENERGY NUCLEAR ) ADJUDICATIONS STAFF OPERATING COMPANY ) ASLBP NO. 04-825-01-CO 1

(Davis-Besse Nuclear Power Station, )

Unit 1) )

NRC STAFF RESPONSE TO OBJECTIONS TO CONFIRMATORY ORDER MODIFYING LICENSE I NTRODUCTION Pursuant to 10 C.F.R. fj 2.309(h)(l), the Nuclear Regulatory Commission Staff (Staff) hereby responds to the March 29, 2004, Objection to Confirmatory Order Modifying License (Objection) filed by four individuals (hereafter referred to as Petitioners). As discussed below, the Petitioners request should be denied because they have failed to establish standing and are seeking to litigate concerns that are outside the scope of the issues which may be raised in a hearing on the Order they challenge.

BACKGROUND FirstEnergy Nuclear Operating Company (FENOC) owns and operates the Davis-Besse Nuclear Power Station located in Ottawa County, Ohio, under a license issued by the Nuclear Regulatory Commission rNRC). In March, 2002, during a refueling outage, FENOC discovered a cavity in the reactor pressure vessel head of the reactor which had been caused by corrosion from long-term exposure to leakage of the reactor coolant, containing boric acid, from small cracks in one of the nozzles that penetrates the reactor pressure vessel.

On March 8, 2004, a Confirmatory Order Modifying License (Effective ImmediatelyJ was issued to FirstEnergy Nuclear Operating Company regarding Davis-Besse Nuclear Power Station, Unit 1 (Order).

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