ML19224C511

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Denies Util Petition for Reconsideration of Commission 790507 Order Re Shutdown of Facilities.Petition Is Moot Re Timing of Shutdown
ML19224C511
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 05/18/1979
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To: Weiss E
UNION OF CONCERNED SCIENTISTS
Shared Package
ML19224C512 List:
References
FOIA-79-98 NUDOCS 7907020475
Download: ML19224C511 (1)


Text

,3, UNITED STATES

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j NUCLEAR REGULATORY COMMISSION

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WASNLNGTON.Dr 20555 May 18,1979

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Ellyr. R. Weiss, Esq.

Ger.eral Counsel l'r.itn of Concerned Scientists 1203 Mr.ssachusetts Avenue t,ambridge, MA 02138

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The Commission has received and considered your letter of May 10, 1979 and the attached Union-of Concerned Scientists' petition for reconsideration of the Ccanission's May 7,1979 order in the matter of Duke Power Company (0conee Nuclear Station, Units Nos.1, 2 and 3). The petition asked the Commission to odffy the order to cause the immediate shutdown of all the Oconee plants.

~bc basis cited for this reque.st was the UCS conclusion that the Commission had exempted two Cconee units from innediate shutdown because of a " belief

- hat imediate shutdown of all Oconee Units would create a power supply defi-ciency in the Duke service territory." The petition presented an analysis by Ce.Vince Taylor to the effect that no such deficiency would occur.

R issuing the Oconee order the Co=nission determined that protection of cuhlic health and safety did not require immediate shutdown of all three 3:.or.ce units. That judgment was reached without regard for questions of power a vailability.

The UCS petition, which cites no safety question not addressed in the order, has provided no reason for the Commission to change that judg-Accordingly, the Co=nission denies the petition.

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Cornissioner Bradford believes that although questions relating to power

.wilacility were relevant, at least to his judgment, on the timing of the shatdown, the petition is for practical purposes moot.

Sincerely,

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f Sainuel J.

3 ilk Secretary of t.]e Coanission 272 09 7907 020M Fo/Smd 29-%

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JOEdOEREdED WCEEECTESTS 6

May 10, 1979 e

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Joseeh M. Hendrie, Chairman John'Ahearne, C4-4ssioner I*p*

Victor Gilinsky, Commissioner k

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Richard 2. Kennedy, Commissioner a %j#

Peter A.

Bradford, Commissioner y

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Nuclear Regulatory Con =ission Y9 Washington, D.

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Gentlemen:

Enclosed is a petition seeking pour immediate recen-sideration of the May 7.,

1979 Order insofar as it permits Oconee Units 1 and 2 to remain in operation while all other Babcock and Wilcox reactors were shut down i:=nediately be-cause of the threat they posed to public health and safety.

The basis for this petition is the fact that, contrary to the misleading and erroneous assertions made to the Com-missioners, shutting of all Oconee Units would not result in any legitimate power supply deficiency.

This fact is cler.rly proven by the attached analysis by Dr.

V.

Taylor, chich shows. that the reserve margin in the VACAR service territory is more than adequate with the Oconea Units shutdown.

We urge you to take immediate action.

Very truly yours,'

UNION OF CONCERNED S.'ENTTSTS f

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Ellyn R. ' eis s General Counsel Enclosure

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.~_m UNITED STATES OF AMERICA BEFORE THE NUCIIAR REGULATORY COMMISSION i

UNION OF CONCERNED SCIENTISTS' PETITION FOR IMMEDIATE RECONSIDERATION OF THE ERRORS OF THE ORDER OF MAY 8,1979 AND FOR IMMEDIATE SHUTDOWN OF OCONEE UNITS 1 & 2 By Order dated May 7, 1979, the Commission directed the Duke Power Company to immediately undertake certain short temm remedial steps to achieve a measure of improvement in the vul-nerebility to feedwater t$ansients of the three Oconec Units designed by Babcock and Wilcox.

This Order, as well as those issued to the other licensees of Babcock and Wilcox units, was the outcome of a series of Commission meetings the week of

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April 23-28, 1979.

The Union of Concerned Scientists was permitted to make a brief extemporaneous statement at the Commission meeting of April 25, at which time we urged you to immediately shut down all of the Babcock and Wilcox plants until the Three Mile Island accident is understood and all measures are taken at all Bab-cock and Wilcox plants to prevent the recurrence of that acci-dent or a similar one.

Our purpose now is not to argue over the generic merits of the Babcock and Wilcox Orcers DUPLICATE DOCUMLyPf9

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I remedial measures to be taken at LIL Entire document previously entered presumably be raised by any inter into system under:

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hearing within twenty days.

This ANO reconsideration and modification No. of pages:

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