ML19250B800
| ML19250B800 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 10/09/1979 |
| From: | Davis L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19250B801 | List: |
| References | |
| NUDOCS 7911050252 | |
| Download: ML19250B800 (6) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY CO W.ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PUBLIC SERVICE COMPANY OF OKLAHOMA,
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ASSOCIATED ELECTRIC COOPERATIVE, INC.
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Docket Nos. STN 50-556 AND
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STN 50-557 WESTERN FARMERS ELECTRIC COOPERATIVE, INC. )
(Black Fox Station, Units 1 and 2)
NRC STAFF ANSWER TO APPLICANTS' REQUEST FOR HEARING AND SUPPLEMENTAL ANSWER TO STATE OF OKLAHOMA'S MOTION FOR STAY AND INTERVENORS' MOTION TO REOPEN I.
Background
On April 19, 1979, the Attorney General for the State of Oklahoma filed a motion for an indefinite postponement of the issuance of this Atomic Safety and Licensing Board's Partial Initial Decision on radiological health and safety issues "pending investigation of the TMI-2 accident and the IState]
Corporatioii Commission hearings relative to Public Service Company's financial ability to finance Black Fox Station in order to preserve the Board's dis-cretion to reopen the record."
In a response dated April 27,1979, the Intervenors adopted the State's Motion to Stay and, in addition, urged the Licensing Board to reopen the record on financial qualifications, the safety effects of TMI-2, Class 9 accidents, and emergency evacuation and post-accident monitoring issues.
Following a May 18, 1979 response to the motions by the NRC Staff, the Board in an Order dated June 13, 1979 denied the motion to indefinitely postpone the issuance of an initial decision and to reopen the record on the financial qualification and the Class 9 issues.
However, it 1270 337 7 911050 b b
'deferred ruling on the remaining TMI-2, emergency evacuation and post-accident monitoring issues until receipt of the NRC Staff's report on the safety ramifications of the TMI-2 accident for Black Fox.
On August 2,1979, the President of PS0 announced that the Applicants fully supported conducting further hearings in the Black Fox proceeding. Toward that end on August 11, 1979, Counsel for the Applicants filed a Request for Hearing and Motion to Establish a Hearing Schedule.
Because of comments by the Kemeny Commission and the fact that the Commission was considering generically the saatter of how best to conduct hearings on the effects of TMI for pending license applications, the NRC Staff was given additional time in which to answer the TMI-related portion of the Applicants' Request for Hearing.
Since the Commission has now spoken on the licensing issue, the instant pleading is the Staff's response to:
(1) the Applicants' Request for Hearing and Motion to Establish a Hearing Schedule; and (2) those unruled upon portions of the State and Intervenors' Motions to Postpone the Issuance of a Partial Initial Decision and to Reopen the Record on TMI-2, emergency evacuation and post-accident monitoring plans.
II.
Discussion On October 4,1979, the Commission approved the attached Statement of Policy on TMI in order to " clarify the Commission's previously announced policy decisions on how licensing procedures should be conducted while the Commission considers changes in the procedures by which it exercises supervision over adjudicatory 1270 338
. licensing decisions".I/
44 Fed. Reg.__ (October 10,1979 ),Specifically, while the Commission ruled that no full adjudicatory decision could authorize the issuance of a construction permit without further order of the Commission itself, it did indicate that adjudicatory proceedings might proceed in the interim. Toward that end, the Commission stated that the Staff "is authorized to proceed with licensing reviews and present evidence on the implications of the {TMI] accident for resolution of proceedings now before Atomic Safety and Licensing Boards", or to " conclude on a case-by-case basis that further consideration is required before it is prepared to speak to a particular issue or in a particular proceeding" and to " appropriately communicate any such conclusion to the Commission's adjudicatory boards."
Policy Statement at 2-3.
Consistent with the Commission's directive, the Staff has prepared a generic letter setting forth the requirements to be met post TMI-2 by Construction Permit Applicants.
It is expected that this letter will be sent to the Black Fox Applicants, the B'oard, and the parties to this proceeding in the near future. Accordingly, the NRC Staff believes that following the issuance of this directive, receipt of an adequate response by the Applicants and the issuance of a Safety Evaluation Report Supplement by the Staff, hearings in this proceeding could then be scheduled.
In this regard, following the receipt by the Board and parties of this generic letter, the Black Fox Licensing Board might well desire to call for briefs as to the scope of any reopened hearings and the procedures to be followed therein_.
If The Comnission Policy Statement states that it is also an interim response, pending the Commission's generic policy decision on licensing, to the September 5,1979 Motion for Commission Action filed by the Applicants in this case.
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. III.
Conclusion For the reasons listed above, the NRC Staff suggests that the Board order that the parties to this proceeding confer to select a mutually agreed upon schedule for hearings to be keyed to the issuance of the Staff's Safety Evaluation Report Supplement concerning the remedial measures resulting from the TMI-2 experience which will be required of the Black Fox Applicants.
Respectfully submitted,
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L. Dow Davis Counsel for NRC Staff Dated at Bethesda, Maryland this 9th day of October,1979.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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PUBLIC SERVICE COMPANY OF OKLAHOMA,
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Docket Nos. STN 50-556 ASSOCIATED ELECTRIC COOPERATIVE, INC.
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STN 50-557 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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CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF ANSWER TO APPLICANTS' REQUEST FOR HEARING AND SUPPLEMENTAL ANSWER TO STATE OF OKLAHOMA'S MOTION FOR STAY AND INTERVENORS' MOTION TO REOPEN" dated October 9,1979, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system this 9th day of October,1979.
- Sheldon J. Wolfe, Esq.
Michael I. Miller, Esq.
Atomic Safety and Licensing Board Isham, Lincoln & Beale One 1st National Plaza U.S. Nuclear Regulatory Commission Washington, D. C.
20555 1te 240 g
llinois 60606
- Mr. Frederick J. Shon, Member Mrs. Carrie Dickerson Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Citizens Action for Safe Energy, Inc.
P ox 9 Washington, D. C.
20555 Cb Dr. Paui W. Purdom Director, Environmental Studies Group Mr. Clyde Wisner Drexel University NRC Region 4 32nd and Chestnut Street Public Affairs Officer Philadelphia, Pennsylvania 19104 611 Ryan Plaza Drive Suite 1000 Joseph Gallo, Esq.
Arlington, Texas 76011 Isham, Lincoln & Beale 1050 17th Street, N.W.
Andrew T. Dal ton, Jr., Esq.
Washington, D. C.
20036 Attorney at Law 1437 South Main Street, Room 302 Mrs. Ilene H. Younghein Tulsa, Oklahoma 74119 3900 Cashion Place Oklahoma City, Oklahoma 73112 1270 qi
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- Atomic Safety and Licensing Mr. T. N. Ewing Appeal Board Acting Director U.S. Nuclear Regulatory Coir;nission Black Fox Station Nuclear Project Washington, D. C.
20555 Public Service Company of Oklahoma P. O. Box 201
- Docketing and Service Section Tulsa, Oklahoma 74102 Office of the Secretary of the Commission Dr. M. J. Robinson U.S. Nuclear Regulatory Commission Black & Veatch Washington, D. C.
20555 P.O. Box 8405 Kansas City, Missouri 64114
- Atomic Safety and Licensing Board Panel Jan Eric Cartwright, Esq.
U.S. Nuclear Regulatory Commission and Charles S. Rogers Washington, D. C.
20555 Attorney General State of Oklahoma Lawrence Burrell 112 State Capitol Bldg.
Route 1, Box 197 Oklahoma City, Oklahoma 73105 Fairview, Oklahoma 73737 Mr. Gerald F. Diddle J seph R. Farris, Esq.
General Manager J hn R. Woodard III, Esq.
Feldma al, Franden, Reed Associated Electric Cooperative, Inc.
S ring e Missouri 65801 816 Enterprise Building Tulsa, Oklahoma 74103 Mr. Vaughn L. Conrad Public Service Company of Oklahoma P.O. Box 201 Tulsa, Oklahoma 74102
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L. Dow Davis Alan P. Bielawski Isham, Lincoln & Beale C unsel for NRC Staff One First National Plaza Suite 4200 Chicago, Illinois 60603 Mr. Maynard Human General Manager Western Farmers Coop., Inc.
P. O. Box 429 Anadarko, Oklahoma 73005 1270 M2