ML19211C661

Responds to Encl 791203 Ltr Re Proposed Meeting for Public Discussion of Question About Application for Increase in Rated Power at Facility.Recommends Jc Burke to Chair Meeting

ML19211C661
Person / Time
Site:	Fort Calhoun
Issue date:	12/10/1979
From:	Shalla L OMAHA PUBLIC POWER DISTRICT
To:	Kirshen A CREIGHTON UNIV., OMAHA, NE
References
NUDOCS 8001140122
Download: ML19211C661 (6)

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1 Omaha Public Power District 1623 MARNEY a O M AN A. NEBMASMA 53102 e TELEPHONE 5 3 6 4000 AREA CODE 402 -

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-~ .. . -Mr. Kirshen:

. Dear 7Y'-.1~~[ '

' .[ ' Tha=h)cuforyourletterofDecember3,1979,eencerningthe proposed meeting betveen the Natural Resources Cc *ttee of the Citizens Adviscry Board and the District for public discussien of questions abcut our applicatien for an increase in rated power at Fort Calhoun. The District is in general accord with your proposals and we look foreard to ver'd g vith you to ec=plete the arrangements for the =eeting. We continue to believe that questions raised by the Ce=mittee and other me=bers of the public can better be address ed in the public meeting format than in a full adversa.7 hearing unde the rules and regulations of the Nuclear Regulatory Cc

• ssion.

I vish nov to ec=nent en the specific proposals centained in your Dece=ber 3,1979, letter, addressing them in the sa=e order as the nu=bered parapaphs in your letter:

1. The District apees vith your suggestics that the meet-ing should be che. ired by a neutral party. We vould re-c-end that Ecnorable John C. Burke, whc= I a= sure you kncv, be agreed upcn as a neutral chair =an. We have contacted Judge Burke a=d he is v4 4 g to serve in tS.at capccity, subject to approval by the C-4ttee.

2. The District vill prepare a vritten, non-tecknical s - = 7 of its application to the NRC for " stretch pover".

3 We endorse the idea that the cc *ttee v4'1 publicize the =eeting videly. We agree vith the suggested date and place. With respect to ti=e, the District believes that public access to the meeting =ight be increased if it vere held cutside nor--*' verting hcurs. Accordingly, we vould like the C *ttee to consider a =eeting ccm-

=encing at 6:C0 p.m. , with the understanding that the designated participants vould re=ain ava*' able until apprcxi=ately 10:00 p.=. to afford a full cpportunity for discussion.

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' Alan H. Kirshen, Esq. ,

December 10.-1979 .

Pa6e Two

k. (a) Mr. S. C. Stevens, the Manager of Fort Calhoun Station, and Mr. W. C. Jones, Division Manager - Production Operations, vill attend the meeting. Other individuals vbo have been involved in the preparation and processing of the application for " stretch power" also vill attend. .

(b) Dr. R. L.,Jaworski, Section Manager - Technical Services, and Mr. L. G. Harrow, Manager - Chemical and Environ-mental Technical Services, vill attend to respond to

- questions concerning technical and environmental matters.

(These individuals attended the meeting referenced in part 4.b. of your letter. ) .

'(c) I plan to attend the meeting myself and I expect that Mr.

T. E. Short, our Assistant General Manager for Production, vill acconpany me.

(d) We have no objection to the Committee inviting individual me=bers of the District's Board of Directors.

(e) Mr. H. H. Voigt plans to attend the meeting.

(f) The District vill arrange for a representative of Pickard, Love & Garrick, Inc. to attend the meeting.

(g) The District vill arrange for one or more representatives of Exxon Nuclear Corporation to attend the meeting. -

Since the Co=mittee is primarily responsible for arranging the 5

neeting, we agree that you have the right to issue special .

invitations to third parties. With respect to attendance by the ERC Staff, we vould suggest not only that they be invited to attend, but that the NRC be scheduled to make an opening presentation (following the District's opening presentation) to outline for the Cec =ittee the steps being taken by the Staff to review the application for " stretch power". In e.ddition to NRC participation, you may vish to consider inviting a representative of the Nebraska Department of Enviro =nental Control to attend the meeting and comment on that agency's review. Finally, with the concurrence of the C - ittee, the District vould like to invite the President 6f The League of Women Voters of Omaha, Inc. to attend the meet-ing.

6. The District vill pay or reinburse the cut-of-pocket costs of holding the meeting, provided that all proposed expenditures are sub:Litted to us for prior approval.

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Alan H. Kirshen, Esq.

Decenber 10, 1979 .

Pa6e Three .

You vill note that the M ittee and the District are in nearly co=plete a6reenent conce.W detailed arrangements for the proposed meeting on January 16, 1980. We vould be pleased to diseass any remaining points of difference with you either prior to or iz=nediately following the Cca:mittee's December 12, 1979, meeting.

In closing, I vould like to eay-that, vbile the District has

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no objection'to holdin6 the public meeting in January rather than Boing forvard with it in Decenber, ve would be ecscerned over any delay beyond nid-January. I therefore hope that you and ve can verk together to ec=plete all necessary arranse=ents proc:ptly, so that January 16,1980, vill beccce a firm date for all concerned.

Sincerely yours,

- I oy' C. Shkila General Manager LCS/WCJ/KJM:j=n cc Q Joseph R. Gray, Isq.

Harry H. Voiii;t, Esq.

OPPD Board Me=bers Rcbert W. Beid m *e*

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%j 3 \ 'S December 3, 1979 Mr. Lloyd Schalla General Manager 0-nha Public Power District 1623 Harney Street ,

Omaha, NE 68102

Dear Mr. Schalla:

Thank you for your telephone call of November 9,1979, in response to my letter of November 2,1979. While I was somewhat surprised at your admission that OPPD intended its legal actions to foreclose a public hearing before the Nuclear Regulatory Co -4ssion, I was nonetheless gratified at your offer to resolve the problem by meeting with my committee.

As I indicated however, this means of resolution could only be availing if all interested persons could be present andI have (By this mean an opportunity for meaningful participation.

participation directed specifically to the question of " Stretch Power" at Fort Calhoun and Inot amasure generalized you share debate on the in my desires merits of nuclear energy.

this regard.

I have submitted your proposal to thehappy I am NaturaltoResources report that Committee for their determination.

we believe that there is a sound basis for accocnodation, provided that certain criteria for the public meeting are met:

1. As we discussedj the meeting would be open to the public and all present would have an opportunity to ask questions or make co=ments. As we envision it, the format would consist of an initial presen-tation by OPPD, followed by throwing the floor open.

As indicated, any questions or connents not speci-fically directed to the Fort Calhoun Uhile no proposal specific would time limit be ruled out of order.

would be placed on any individual's opportunity to be heard, a rule of reasonableness will prevail.

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Mr. Lloyd Schalla Page 2 December 3, 1979 .

So long as questions and comments are not repetitive, they would be entertained. However, no person would ,

be recognized for a second time until all have had their first opportunity. I had hoped to find a chairman for thic from among the Omaha Jaycees, bat they have declined to participate due to the fact that many Jaycees are OPPD employees, or the employees of other public utilities. If you have anyone in mind for this function, we would prefer a neutral but strong individual. I do not believe it would be appropriate for me to both chMr the meeting and ask questions. .

2. In addition to an oral presentation at the public meeting, we would request that OPPD prepare a brief (4-8 page) description in lay terms of exactly what the While stretch power proposal at Fort Calhoun entails.

this might to some extent be a s - smf of your 192 page Environmental Assessment, it should also describe more adequately, in non-technical language, what exactly '

' stretch power' entails. (For example, our committee was unaware of the Exxon fuel rod assembly and analytical techniques until the NRC Motice of -

Opportualty to Request a Hearing.)

3. We would want it understood that our Co=mittee

- or its designates would desire as wide a publicization as possible of the date, time, nature and ground rules for the public meeting. In this regard, we would suggest a date of January 16, 1980, in the Legislative Chambers at the Civic Center.

4. We would like it expressly understood, to avoid the problems previously encountered, that OPPD will undertake to make available at the public meeting the following individuals:

a. The Manager and/or Chief Engineer of the Fort Calhoun Nuclear Facility; ~

b. The three individuals who previously were tendered to our Committee, whom you have now indicated were not authori=ed to make the representations which were made to us, together with the fourth individual who was sent to the Quarterly Meeting of the Citizens Advisory Board!

c. Yourself and such of your assistants as you would care to ~ have present;

d. Such members of the OPPD Board as would care to attend. (We would extend a special invitation to these individuals.);

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Mr. Lloyd Schalla -

Page 3 Decn- W 3, 1979 .

e. Harry H. Voight and/or Margaret R.A. Paradis, your Washington counsel,

f. Mr. T. Robbins and/or other representatives of your consultant,

g. Mr. J. Owsley and/or other representatives of the Exxon Nuclear Co., Inc.

5. We would reserve the right to issue other special invitations to the public meeting, in our discretion.

For example, while I understand that there are legal constraints regarding attendance by the designated Atonic Safety and Licensing Board, we understand that there is no problem of attendance by members of the NRC staff, whom we would be most desirous of having in attendance.

6. While our expenses are anticipated to be mininal, our Co-ittee has no operating budget, and we would request that OPPD undertake to underwrite a portion of the costs of this public meeting, including speci-fically the $50 expense of renting the Legislative Cha bers. (I cannot envision that the total expense vould be over $150, a mere pittance compared to what you must have spent to contest this matter in the first place.)

I hope that the foregoing proposal will prove either acceptable in toto or a basis for further discussions.

Hopefully, we can reach agreement in sufficient time to give us at least 30 days before the public meeting, and I hope to have.your response before our Committee meets again on Dece=ber 12.

I very much appreciate your conciliatory efforts in this matter, and hope that it can reach an early resolution and consu=1ation , so that our contest before the NRC can be dis =issed by consent.

Very truly yours, G

Ala H. Kirshen Associate Professor of Law AEK/jkk cc: Joseph R. Grey, Esq.

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