ML17341A314
| ML17341A314 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/02/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Chiles L SENATE |
| References | |
| NUDOCS 8107140360 | |
| Download: ML17341A314 (4) | |
Text
JUL 0 2 198)
'I'he Honorable Lawton Chiles United States Senator 9
State Office JVL 09 198)~
Federal Building Ma%a l40CEAE E2aUURN5 Lakeland, Florida 33801 PÃQQss~
Dear Senator Chiles:
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In your letter of June 10, 1981 to Nr. Carlton C.
Kammerer, you enclosed correspondence from your constituent, Nr. J. Harry Rothwell, protesting the cancellation of hearings on steam generator repairs at the Turkey Point Nuclear Generating Station owned by Florida Power and Light Compare, You requested a reply to your state office concerning the comments in fir. Rothwell's letter.
The NRC issued a Federal Register notice on December 13, 1977 which indicated that license amendments were being considered which, if approved, would authorize the repair of steam generators at each Turkey Point facility.
Interested members of the public who wished a hearing were invited to file appropriate petitions requesting a hearing.
No requests were received during the period allowed for such action.
Over a year later, however, Hr. Nark P.
Oncavage filed a belated request for hearing whic}>
the L'icensing Board ultimately accepted after determining good cause existed for the late request.
Nr. Oncavage sought to litigate a number of issues which the Licensing Board identified as numbered "contentions".
Following several prehearing conferences and discovery procedures, the Applicant (FPSL) and the NRC Staff each filed motions for summary disposition because no contested issue of fact existed on which there was a genuine controversy.
Nr. Oncavage did not oppose most of the motions.
He did object to summary disposition concerning some matters but was unable to provide sufficient factual justification for his view.
Consequently, the Licensing Board granted sumary disposition on all factual issues in a Hemorandum and Order dated Hay 28, 1981 (copy attached for your information).
As you know, the Administrative Procedure Act and the Atomic Energy Act of 1954 (as amended) require the NRC to conduct hearings only where the resolution of disputed facts could affect the interest of members of the public who are entitled to be heard.
In the absence of such 8gp7fgpg<0 aj,0702 PDR
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The Turkey Point Licensing Board, finding no factual dispute to be heard, was required to cancel further hearing procedures involving the application.
1 hope the above explanation has been responsive to your request.
Sincerely,
(~pisa) T g B~
Enclosure:
As stated William J. Dircks Executive Director for Operations Distribution:
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