ML19224C809
| ML19224C809 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 06/13/1979 |
| From: | Shon F, Wolfe S Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| NUDOCS 7907060495 | |
| Download: ML19224C809 (4) | |
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NUCLEAR REGULATORY COMMISSION
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THE ATOMIC SAFETY AND LICENSING BOARD g
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4 In the Matter of
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PUBLIC SERVICE COMPANY OF OKLAH0MA,
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Docket Nos. STN 50-555 CP ASSOCIATED ELECTRIC COOPERATIVE, INC.,
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STN 50-557 CP and
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WESTERN FARMERS ELECTRIC COOPERATIVE, INC. )
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(Black Fox Station, Units 1 and 2)
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ORDER (June 13, 1979)
Ori April 19, 1979, the State of Oklahoma filed a Motion For An Indefinite Stay In The Issuance Of An Initial Decision.
Therein, the State requested that we indefinitely postpone issuance of an Initial Decision pending t'ie ir.vestigation of the ihree Mile Island accident and pending the com;.letion of hearings by the Oklahoma Corporation Commission upon Public Service Company's financial' ability-to construct Black Fox Station, and that, thereaf ter, pursuant to 10 C.F.R. 2.718(j),
the Board may wish to reopen the record.
On April 27,1979, the Intervenors filed a Response in support of the State's Motion For An Indefinite Stay.
They urged that we reopen the record for the reception of further evidence in order (1) to re-eval the issue of Applicants' financial qualifications in accordance with 42 U.S.C. 2232, (2) to determine the relevance, if any, of the nuclear accident at TMI-2 to Black Fox Station, (3) to reconsider the issue of Class 9 accidents generically end (4) to re-evaluate the post-accidcat monitoring plans for BFS.
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. On May 11, 1979, the Applicants filed an Answer opposing the granting of the State's Motion For An Indefinite Stay.
Deeming that the Intervenors' Response sought additional relief in requesting that the record be reopened, Applicants filed a Reply on May 18, 1979 which opposed the relief sought by the Intervenors.
On May 18,1979, the Staff filed its Answer to the State of Oklahoma's Motion For An Indefinite Stay and tn Intervenors' Motion To Reopen The Record.
Treating the State's and the Intervenors' Motions as being motions to reopen the record, the Staff requested that the Board defer its ruling on the Motions To Stay or Reopen until the safety ramifications of the TMI-2 accident (including post-accident monitoring) have been evaluated by the Staff and the Board and the parties have been advised of the appli-cability, if any, of those data to the Black Fox Station proceeding.
On May 31, 1979, Applicants filed a Reply To NRC Staff's Answer.
In their Reply, Applicants objected to the Staff's request for " delay" or
" deferral" on the question of reopening the record for the TMI-2 and post-accident monitoring issues.
At the cutset, we specifically deny that part of Intervenor s' Response which requests that we reopen the record to consider the issue of Class 9 accidents.
In Offshore Power Systems (Floating Nuclear power Plants)
ALAB-489, 8 NRC 194 (1978), pointing to its own decisions ar.d affirmations by the courts of appeals, the Appeal Board stated that, insofar as land-based l^
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. nuclear plants are concerned, the possibility of a Class 9 accident is so remote that it need not be considered at all in Commission proceedings on applications to license individual plants.
Further, at the outset, we specifically deny those portions of the State's Motion and of the Intervenors' Response which request that we indefinitely suspend considera-tion of or reopen upon Public Service Company of Oklahoma's financial qualifications inasmuch as their arguments are based upon hearsay reports and/or upon speculation, and because, in a letter dated April 16, 1979, the Oklahoma Corporation Commission advised the Attorney General of Oklahoma that "The legislature has not seen fit to grant us the authority to approve or disapprove utility plans for the building of generating facilities" and suggested that the Attorney General submit questions based upon his concerns about Applicants' financial capabilities which the OCC vould in Lurn forward for PS0's responses.--1/
1 der the circumstances herein, we conclude that the Staff's request is well-taken.
The Board will defer ruling upon the undecided portions of the Motions To Stay or Reopen until it receives the Staff's report on the TMI-2 accident.
Meantime we will proceed to write our initial decision upon the record as it presently exists.
However, the Board's final resolution of the application for a construction pennit must await our evaluation of the 1/ However, this Order should not be taken to preclude any party from timely moving to reopen the record should the Staff's re-analysis of new financial data submitted by PS0 on April 30, 1979 conclude that there have been significant changes in financial qualifications.
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.. Staff's recommendations for Black Fox Station, if any, which result from its TMI-2 investigation.
While the Applicants have requested that we refer to the Appeal Board any ruling upon a pending motion adverse to them, we firmly believe that, in following the procedures set forth above, the public interest will best be served and that Applicants' concern about unusual delay or expense must bow to the overriding public interest.
Accordingly, we deny Applicants' 10 C.F.R. 5 2.730(f) request for referral.
Dr. Purdom concurs but was unavailable to sign the instant Order.
THE ATOMIC SAFETY AND LICENSING BOARD W
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c Frederick J. g Member h iloaA Sheldon J.TF fe, Esquire Chairman Dated at Bethesda, Maryland this 13th day of June, 1979.
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