ML17341A316
| ML17341A316 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/02/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Fascell D HOUSE OF REP. |
| Shared Package | |
| ML17341A317 | List: |
| References | |
| NUDOCS 8107140365 | |
| Download: ML17341A316 (4) | |
Text
JUL 0 2 1S8l The Honorable Dante B. Fascell United States House of Representatives Washington, D.C.
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r Dear Congressman Fascell:
In your letter of June 15, 1981 to Hr. Carlton Kammerer, you enclosed correspondence from trio of your constituents, Hr. J.
H.
Rothwell and Hr. Herle B. Frank, protesting the cancellation of hearings on steam generator repairs at the Turkey Point Nuclear Generating Station owned by Florida Power and Light Company.
You requested a reply concerning the comments contained in the letters.
The HRC 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.
Ho requests were received during the period allowed for such action.
Over a year later,
'however, Hr. Ihark P.
Oncavage filed a belated request for hearing which the Licensing Board ultimately accepted after determining good cause existed for the late request.
Hr. 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 (FP&L) and the HRC Staff each.filed motions for summary disposition because no contested issue of fact existed on which there was a genuine controversy.
Hr. 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 Memorandum 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 81071403b5 Si0702 PDR ADOCK 05000250
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- disputes, hearings are not continued.
The Turkey Point Licensing Board, finding no factual dispute to be heard, was required to cancel further hearing procedures involving the application.
I hope the above explanation has been responsive to your request.
Sincerely,
Enclosure:
As stated (Signed) T. h Rehm William J. Dircks Executive Director for Operations Distribution:
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