ML19247A729
| ML19247A729 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 06/21/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19247A722 | List: |
| References | |
| REF-10CFR9.7 NUDOCS 7908020209 | |
| Download: ML19247A729 (12) | |
Text
UNITED T
NUCLEAR REGULATORY COMMISSION
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COMMISSIONERS:
vocma ysunc Joseph M. Hendrie, Chairman Victor Gilinsky L
DUN 211979 > 6 l
Richard T.
Kennedy
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Peter A. Bradford
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John F.
Ahearne A
cm
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In the Matter of
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SACRAMENTO MUNICIPAL UTILITY DISTRICT
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Docket No. 50-312
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Rancho Seco Nuclear Generating Station
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ORDER By a confirmatory Order dated May 7, 1979 the Ceimsion directed that the Rancho Secc Zacility, then in a shutdinm condition, should remain shut down until certain actions speci-fied in the Order were satisf actorily completed, as confirmed by the Director, Office of Nuclear Reactor Regulation.
The Order also directed the licensee to accomplish as prerptly as practica-ble the long-term modifications set forth in Section II of the Orde:.
The Order stated further:
Within twenty (20) days of the date of this Order, the licensee 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.
Requests for a hearing have been received from Friends of the Earth and from =e=bers of the Board of Directors of the Sacramento Municipal Utility District.
The Co= mission hereby direcrs that the Chairman of the Atomic Safety and Licensing Board Panel shall, pursuant to 4/h
}29 7908020 Di
10 CFR 2.105(e), select a board to determine whether the requesters meet the requisite personal interest test and to conduct any hear-ing which may be required.
The subjects to be considered at the heari22g shall include:
1.
Whether the actions required by subparagraphs (a) through (e) of Section IV of the Order are necessary and suffi-cient 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 staff's conclusion that the actions described in subparagr;iphs (a) through (e) have been com-pleted satisfactorily will be considered to be wit-hin the scope of the hearing.
However, the filing of such a c=ntention shall not of itself stay operation of the plant.
2.
Whether the licensee 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 continued reasonable assurance that & facility will respond safely to feedwater transients.
Resumed operation of the Rancho Seco facility on terms con-sistent with the Order of May 7,1979, is not stayed by the pen-dency of these proceedings.
Contrary to the contention of the Friends of the Earth in their filing of June B, 1979, the tran-scripts of the Ocamission proceedings of April 25 and 27 reflect no Co= mission intent that heari.ngs necessarily precede restart of the facility.
Nor is such a requirement compelled by law or by the factual circumstances before us.
Mere speculation that the hearing might develop f acts indicating the need for further 446 130
enforcement action does not suffice to warrant a prohibition on re-start of the facility.
In the event that a need for further enforce-ment accion becomes apparent, either in the course. of the hearing or at any other time, appropriate action can be taken at that time.
NRC staff has now determined that the actions set forth in sub-paragraphs (a) through (e) have been completed ratisfactorily, and 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 publicf.
In receiving this briefing, the Commission will in no manner prejudge the merits of the adjudicatory hearing authorized by this Order.
Any adjudi-catory determination by the Commission that may arise from that hear-ing will be based solely on the record developed in that proceeding.-
It is so ORDERED.
For ' e Commission i
{ecretary of; the Corm 'esion SAMUEL J.
CHILK N
s Dated at Washington, D.C.,
this 21st day of June, 1979.
- / The decision of the Licensing Board will be made on the basis of le record developed before it.
Accordingly, pursuant to our rules, statements made by any person in the course of the staff's informa-tional briefing for the Commission may not be " pleaded, cited, or relied upon" in the adjudicatory proceedings before the Licensing Board, or in subsequent appellate proceedings before the Appeal Board.
If and when Commission review of that adjudi-cation takes place, any party wishing to plead, cite, or rely on the transcript of the informational briefing will be at liberty to do so.
To that extent, owing to the unusual f actual circumstances present here, we waive the prohibition contained in 10 CFR 9.103, in accor-dance with the provision of that rule authorizing such waiver by the Co==ission.
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