ML19207B722
| ML19207B722 | |
| Person / Time | |
|---|---|
| Site: | Crane, Davis Besse  |
| Issue date: | 06/28/1979 |
| From: | Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML19207B717 | List: |
| References | |
| FOIA-79-98, REF-10CFR9.7 NUDOCS 7909050132 | |
| Download: ML19207B722 (1) | |
Text
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UNITED STATES y
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NUCLEAR REGULATORY COMMISSION f( ' e(
3 WASHINGTON, D. C. 20555 e
- I wl June 28, 1979
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MEMORANDUM FOR:
IDe Conmissioners h Leonard Bickwit, Jr., General Counsel FROM:
SUBJECT:
DRAFT ORDER IN DAVIS-BESSE The attached draft Order is patterned closely on the Order issued last week on Rancho Seco, with minor alterations as necessary.
The discussion in the Rancho Seco Order relating to Friends of the Earth's contentions as to the need for a hearing prior to startup has been condensed.
A footnote has been added that finds Senator McCormack's filing not to be inadequate for non-timeliness or for failure to be properly brought under the Order.
We hope to receive your concurrence in this draft as soon as possible, with a view to affirmation later today, so that issuance of the Order and the Staff's briefing will not be occurring on the same day.
cc:
OPE SECY
Contact:
Peter Crane, OGC 634-3288 9120.55
- 909050/3R
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UNITED STATr.S OF AMERICA NUCLEAR REGULATORY COMMISSICN In the Matter of
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THE TOLEDO EDISON COMPANY AND
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THE CLEVELAND ELECTRIC ILLUMINATING
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Docket No. 50-346 CCMPANY
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Davis-Besse Nuclear Power Station,
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Unit No. 1
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_ORDSR By a confirmatory Order dated May 16, 1979, the Commission directed that the Davis-Sesse f acility, then in a shutdown condition, should remain shut down untfa certain actions specified in the Order were satisfactorily completed, as con-firmed by the Director of the Of fice of Nuclear Reactor Regulation.
The Order also directed the licensees to accc=plish, as promptly as practicabla, certain long-term modifications.
The Order stated further:
Within twenty (20) days of the date of this order, the licenseer or any person whose interest may be affected by this order may request a hearing with respect to this Order.
Any such request shall not stay the immediate effectiveness of this Order.
A request for a hearing has been received frca State Senator Tim McCormack of Chio.
The Ccmmission hereby directs that the Chairman o the Atcmic Safety and Licensing Scard Panel shall, pursuant to 10 CFR 2.105(e), select a beard to determine whether the requester meets the requisite personal interest test and to
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conduct any hearing which may be required.- /
The subjects to be considered at the hearing shall include:
1.
Whether the actions required by subparagraphs (a) through (g) of Section IV of the May 16, 1979 Order are necessary and sufficient to provide reasonable assurance that the facility will respond safely to feedwater transients, pending completion of the long-term modifications set forth in Section II.
A contention challenging the correctness of the NRC Staf f's conclusion that the actions described in subparagraphs (a) through (g) have been completed satisfactorily will be considered to be within the scope of the hearing.
However, the filing of such a contention shall not of itself stay operation of the plant.
2.
' Whether the licensees should be required to accomplish, as promptly as practicable, the long-term modifications set forth in Section II of the Order.
3.
Whether these long-term modifications are sufficient to provide reasonable assurance that the f acility will respond safely to feedwater transients.
Resumed operation of the Davis-Besse facility on terms
- / Senator McCormack's original request was submitted prior to
_the issuance of the Commission's May 16 Crder.
By the time Senator McCormack had received a reply suggesting that he resubmit a request in accordance with the Order, ' ' ' time in which to file had expired.
In its filing of June 27, 19, the Staff states that it "does not believe the request is inadequa a for nontimeliness or for failure to be properly brought under the Order. "
We agree.
Even if Senator McCormack's submission were untimely, which we have no need to decide, it would clearly meet the criteria of 10 CFR 2.714 for determining when an untimely filing is to be aCCeptad.
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consistent with the Order of May 16, 19 79, is not stayed by the pendency of these proceedings.
Neither law nor the factual circumstances before us compel such a stay.
In the event that a need for further enforcement action becomes apparent, either in the course of the hearing or at any other time, appropriate action can be taken at that time.
The NRC Staff has now determined that the actions set forth in subparagraphs (a) through (g) have been completed satisfac-torily.
It shall provide the Commission with an informational briefing as to the basis for its conclusions prior to permitting restart of the facility.
That briefing will be open to the public.
In receiving this briefing, the Cc= mission will in no manner prejudge the merits of the adjudicatory hearing authorized by this Order.
Any adjudicatory determination by the Commission that may arise from that hearing will be based solely on the
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record developed in that proceeding.--
It is so ORDERED.
For the Commission SAMUEL J.
CHILK Secretary of the Commission Dated at Washincton, D.C.
this th day of June,. 1979.
ST.?OSS e
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-,/ The decision of the Licensing Board will be made on the basis c: the record c.eveloced c.e ore it.
Accorc..inglv., pursuant to cur fr.w rules, statements made by any person in the course of the Staff's
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(;2Z3 informational briefing for the Commission may not be " pleaded, cited, cr relied upon" in the adjudicatory prcceedings before the Licensing C21,=,
3 card, cr in subsecuent accellate creceedincs before the Apceal 2522 3 card.
Ifand when'Ccm=issi5n review of tha': adjudi-C2.3 caricn takes place, any party wishing to plead, cite, or rely upon
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the transcript of the informational briefing will be at liberty co do so.
To that extent, owing to the unusual fact :al circumstances present here, we waive the prchibiticn centained in 10 CFR 3.103, 4,
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