ML17037B779

Letter Regarding Petition for Derating of Certain Boiling Water Reactors and Enclosed Before the Atomic Safety and Licensing Appeal Board in the Matter of Vermont Yankee Nuclear Power Corporation - Vermont Yankee Nuclear ...

ML17037B779
Person / Time
Site:	Millstone, Monticello, Dresden, Nine Mile Point, Oyster Creek, Pilgrim, Vermont Yankee, Quad Cities
Issue date:	02/07/1974
From:	Gallo J US Atomic Energy Commission (AEC)
To:	Roisman A Berlin, Roisman and Kessler
References
Download: ML17037B779 (6)

Text

February 7. 1974 Anthony Z. Roisman, Esq.

Berlin, Roisman 8 Kessler 1712 W Street, H.H.

tlashington, D. C. 20036 Docket'Hos. 50-219, 50-237, 50-249, PETITION FOR DEBATING OF CERTAIN BOILING MATER REACTORS 50-254, 50-265. 50-220 50-245, 50-263, 50-293.

Dear Tony,

Six of the captioned BHRs are still operating under technical specifi-cations issu d by the r gulatory staff in August 1973. He expect that these technical specifications ;rill be revised in the next fe>v weeks and that some of the revisions will involve the replacement of a 7x7 fuel assembly with an Bx8 fuel assembly. Therefore, in accordance with our understanding, I am sending for your information and use generic 8x8 documentation. This documentation includes GE proprietary data and.'staff internal memoranda including consultant reports. The staff is still reviecing this information pursuant to the requirements of 10 CFR 52.790.

Therefore, all documentation should be held proprietary in accordance with your agreement with GE. Me also have in our custody certain GE test data and staff analyses. These data are contained in computer printouts and are not readily subject to xeroxing. If,you desire, we will make these data available to you for review in our Bethesda office. Me will continue to furnish pertinent fuel densification information to you as it becomes available.

The ACRS subcommittee concerning the 8x8 fuel assembly met on December 18, 1973, and January 8 and 24, 1974. Transcripts of these three m etings are available in the Public Document Room.

Please call if you have any questions.

Sincerely, Joseph Gallo Acting Chief Hearing Counsel

Enclosure:

As stated OFFICE > ...... O.C...

J .

4 dn'URNAME DATE!

2 4 Form hEC-318 (Rev. 9-33) hE 1 0240 *V.S.OOVERNMENr PrrINrINO OFFICE: 1972 466 964

BEFORE T1iE UNITED STATES OF AMERICA ATOI1XC FNERGY CO",MISSION BHFORH THE ATOMIC SAFETY AND LICHNSXNG APPEAL BOARD Xn the llatter of )

VERMONT YAN1(HH NUCLEAR POiKR } Docket No.60-27l CORPORATION ).

(Vermont Yankee Nuclear Power )

Station} )

and )

PETXTXON FOR DEBATING OF ). Docket Nos. 50-219,50-237, CHRTA.IN BOXLXNG WATER REiXCTORS 50-249,50-254, 50-265,50-220, 50-245,50-263-,

50-293 NE('( ENGLAND COALXTXON ON NUCLEAR POLLUTXON AND FRXENDS OF TIiE EARTH STATH1~!HNT OF POSXTXON New England Coalition on Nuclear Pollution and Friends of the Earth are filing this document to indicate our position on the proposed amendment to Technical Specifications for four of the Dove-noted reactors. Xt is our determination upon a necessary y hasty review of thematera.al made available to us and an indepth briefing by the regulatory staff that we have no objection to the proposed amendment of technical specification for these four plants.

It is also our view that any additional technical specifica-tion amendments to these four plants or to any of the other six wnich are related to fuel densification (Vermont Yankee Nuclear Power Corporation, ALAB-167, HAI-73-12, December 20, 1973 (Slip Op. p. 8}:

...even though not thought to be hazardous in the light of further study, would at least "present" or "involve" a significant hazards "consideration".

In short, with respect to any future changes, we believe a notice for opportunity for hearing is required.

Finally, we wish to re-emphaize our opposition to the practice of the vendor and the utility and the regulatory staff in this p oceeding by which we are not permitted to see all relevant information until weeks or months after it is generated. Ne request that an order be issued direct:g all utilities involved, all vendors involved anQ the regulatory staff to make immediate, simultaneous and identical service on us of all documents receiveQ by the AEC or any of its employees, sent by the AEC or generated by the AEC. This should include all proprietary data anQ internal memoranda except to the extent the Staff bel'ieves the latter are entitled

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to and shoudl be exempted under the l"reedom of Information Act.

Xn the ca e of an exemption claim the Staff should immediately identify the memoranda, its subject and the persons to whom sent and by whom. Pinally we should be advised in advance of any meetings, formal or otherwise, on the fuel densification subject between the Staff and any. person outside the Staff including vendors, ui=ilii.ies, Staff consultants, the ACRS and the Commission and an opportunity to attend the meeting sould be offer d. Xf no opportunity to attend a meeting is to be offered thereason for the refusal along with a detailed agenda of the meeting and the proposed participants should be provided to us at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> before the meeting. Unless these procedures are followed it will not be possible for us to provide a prompt response to the proposed action. Our willingness to operate under strict time constraints this time was an effort on our part, to demonstrate a willingness to cooperate. Ne expect similar cooperation in the future from all other parties.

Respectfully submitted,

- Anthony Z.'. Roisman Counsel fox New'Er gland Coalition ontNuclear Pollution and Prieiids of the Earth December 21, 1973

December 18, 1973 Mr. Frank Peartree U. S. Court of Claims 717 Madison Place-, N. W.

'Wash'in@ton, D. C. 20005 Dear Six". I Thislletter vill confirm our telephone conversation on December 18, 1973 which concexned the availability'of Room 309.

The Atomic Energy Commission respectfully requests that Room 309 be reserved on December 19, 1973 for a continuation of the Evidenthary Hearing on the proposed Nine Mile Point Nuclear Generating Station.

Thank you again for your kind assistance.

'incerely, J. R. Neubeiser Public Proceedings Staff Office of the Secretary of the Commission bcc: Mr.- Head Mr. Massar ASLBP H. Gearin S. Sheppard

~g. Files ASLAB HQS

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