ML19254B303

Notifies That All Parties to Proceeding Agree That Record Should Be Reopened to Consider Issues Raised by TMI Incident.Increased Costs Due to Delay in Const Must Be Balanced Against Cost of Retrofitting

ML19254B303
Person / Time
Site:	Black Fox
Issue date:	08/10/1979
From:	Wilsonzalko L OKLAHOMA, STATE OF
To:	Purdom P, Shon F, Wolfe S DREXEL UNIV., PHILADELPHIA, PA, Atomic Safety and Licensing Board Panel
References
NUDOCS 7909270070
Download: ML19254B303 (4)

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{ l 2s JAx EnIc CAnTwntonT o ATTORNEY GENERAL f E STArn or OKI.AnoM A STATE CAPITOL.CMLANCMd,Ct7 August l OFLAHOM A 73105 1979 Shelton J. Wolfe, Esquire Mr. Frederick J. Shon, Mr.mber A t omi .- Safety and Licensing Atomic Safety and Licensing Board panel Board Panel U.S. Nuc:ea: Regulatory U.S. Nuclear Regulatory Cc= mission Commission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Paul W. Purdom, Director Environmental Studies Group Drexel University 32nd and Chestnut Streets Philadelphia, Pennsylvania 19104 -

Re: In the Matter of the Application of Public )

Se rvi ce Company of Oklahoma, Associated ) Docket Nos. STN 50-556 El ec tri c Coopera ti ve , Inc. and Western ) '

STN 50-557 Farmers Electric Cooperative ]

(Black Fox Station, Units 1 and 2) )

Gen:lemen:

Because of the potential safety issues which were raised as a result of the accident which occurred at Three Mile Island Unit 2 ("TMI-2"),

a:: parties to this p:cceeding are now in apparent agreement that it is in the public interest to re-open the record in the above-captioned mstter in order to consider the issues raised by the TMI-2 accident wai:h are relevant to a decision on the merits regarding Applicant's request for a construction permi t. Applicant, Public Service Company of Oklahoma ("?SO"), has been quite outspoken in its public commit-ment to dispel any local unrest caused by the TMI-2 accident (See Atcachment).

s It is the posi tion of the State of Oklahoma that future hearings ccnside: all issues that will be raised by the TMI-2 accident in the :aports of various bodies studying the accident at TMI-2 expected to ha issued in the nea: future at the same time rather than conside:-

i .. y the issues as theu arise upon the :elease of each of the various

cparts. The State of Oklahoma would suggest that the probable report

cicase da te of the various studies being made should be considered, along with a consideratica of the scope of each of the various studies to determine which reports will identify issues relevant to this 1045 327 n*"o D -

21 censing daara b

request for a construction permit. Certainly, it is submitted, that the reports of the Kemeny Commission, the Rogovin Committee and the U.S. Nuclear Regulatory Commission Sta!! Long-Term Recommendations being prepared by the TM: Lessons Learned Task Force could spo tli gh t issues of concern and such issues should be considered ir hearings in this macce: L! the reports will be available in the nea: future. Since the Black Fox Station will potentially be one of the fi rs t construction permit requests to be considered for approval since the accident at TMI-2 and could potentially be the first permit whose issuance reflects full consideration of all of the issues raised by the TMI-2 accident and resulting commitments regarding safety d e si gn , it is submitted that careful consideration of the issues which have been and are yet to be identified in the near future is prudent.

All parties are no doubt concerned by the fact that a delay la the construction of Black Fox station could result in increased costs due to inflation and other concurrent cost increases which are now being borne by the shareholders of the Applicants but may eventually be borne by the customers of the Applicants. However, the cost of delays must be balanced against the fact that premature construction could result in increased costs due to the a ddi ti onal high cost of retro-fitting construction which has alrerdy been completed but fails to meet regulatory safety design requirements which might be implemented in che nea: future as safety design p:chlems are identified and result in regulations to deal with these problems which must be pp t before the plant can be put in service. It is submitted that it is not economically prudent to proceed into the full-scale construction phase of the Black Fox Station if, in all probability, all major issues will be known in the nea: future which should be considered at future hearings before a construction permit is issued in order to assure that all cons :uc: ion will be carried out with a design or a co.mmi tm e n :

to meet all regulatory safety design requirements.

Discretion being vested in the Board concerning the timing for any future hearings, i: is sincerely requested by the State of Oklahoma that the Board give careful consideration to whe:her it shculd have any hearings before all of the safe:y-rela:ed reports which migh: raise new issues relevant to this ma: e: are released and their contents known and submits tha: all safety issues must be considered which resulted !:cm the 73:-2 accident and construccica be designed to meet certain safety standards or that a commitment be made to meet sa fe t y standards in order to insure that all ccnstruction done on the Black Fox Station is done with a design to build a safe plant and the high priori:u of achieving such goal.

At:::ncys !a: the Applican:s ' ave raised thei: =cnce:r to the 5: ate af Oklahams :ha: : hose particas ! :he :ctica :o S:a; whi:? ;13

..Di by the State C! Ck13h:ni wh :? have 10: been [Uled Jcon but 2:e ::. l pending w21: in=s:!e:2 . :h :he EC2:i's discreti:n :n 1045 328

... .. .. n....... so..., . . . .

Lice.nsing Board (\ f conduct further hearings in this matter. The State of Oklahoma does not share this concern in light of the Board's statement in its Order of June 13, 1979, that i~ would defer ruling on certain portions of such Motion pending the U.S. Nuclear Regula-tory Commission sta!!'s :eport on the regula tory impli ca tions of the TMI-2 accident. However, the State of Oklahoma feels that its Motion is consistent with the views expressed herein in that any decisions regarding safety related issues relevant to the construction permit review should not be made until any additional safety related issues which may arise in the nea: future are known so that all safety related issues can be resolved at the same time.

However, should the Board desire to proceed at this time on those issues which have been identi!!ed to date, then the State of Okla-homa will comu.it to an orderly examination of such issues.

Respectfully submitted, Jan Eric Cartwright Accorney General of Oklahoma

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4 Lee A'nne Wilson-Zalko e

J. Gregory Thomas Charles S. Rogers Assistant Attorneys General of Oklahoma Attorneys for the State of Oklahoma LAN-::me Enclosure cc. Joseph Gallow, Esq. Maynard Human L. Dow Davis, Esq. Vaughn L. Conrad William D. Paton, Esq. T.N. Ewi n g Colleen Woodhead, Esq. M.J. Robinson Joseph R. Earris, Esq. George L. Edgar, Esq.

John R. Woodard, II:, Esq. Kel vin P. Gallen, Esq.

Clyde wisne: Sarah F. Holzsweig Andrew :. Dalton Carrie Dickerson illene H. Youngheim Law:ence 3u:: ell Glenn E. e l s o n , Esq.

':: c h a e l :. Mille:, Esq.

Je:ald F. Diddle 1045 329

P00RORgg At that time. Py w u r= = a r- o eXp'eted to cet itt c n.

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g Three Mile Island even.s resulted in the NRC impc.s-g ing an informal morato :-

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PSO announced in June it had formed a technica*

advisory committee to TUIIA - Public hear. viewing the lessons into the open," he said)"If study implications of ings on safety of the pro. learned from Three Mile additional hearings will Three Mile Island on S;ach posed Black Fox nuclear Island as they might apply promote the public conf!. Fox.

plant could reopen as early to Black Fox Station " he dence in Black Fox, the The committee subse-as next month. Public Ser. said. cost of the delay is worth! quently prepared an SC-Vice of Oklahoma an. "I feel we need to retain it." ' page report, submitted to nounced Thursday. the confidence of the peo- PSO was told recently bY the NRC, concluding none PSO President 'R.O. ple of Oklahoma that we Nuclear Regulatory Com- of the Three Mile Island 1.s-Newsman told a news con. can safely build and oper. missica officials that sues involved design ference the utility has re- ate Black' Fox Station," Black Fox Station IlkelY changes required prior to versed its position and now Newman added. would receive the first con- Issuance of a construction supports reopening the "We have a majority struction permit safety re- permit.

hearings. now,and would not want to view since Three Mile Is-Af ter that report, PSO in-It has become clear the lose that important public land.' itially felt public interest public's interest will best trust by not bringing the No objections are ex- would best be served bv be served by openly re. Three Mile Island issues pected to PSO's request avoiding unnecessary de-that the Atomic Safety and lays which probably would Licensing Board reopen increase the cost of the Black Fox safety hearings project, already projected and the utility hopes 3 at more than $2 billion.

prompt schedule can be es-tablished so hearings could start in September, a PSO spokesman said.

The' Atomic Safety and Licensing Board prior to PSO's new request had not ruled on an earlier motion by other parties that the, hearings be reopened.

The board had been wait.

ing for a technical report from the NRC staff on the relationship between-Black Fox and Three Mile Island's operations.

• Pubtle hearings on Black I'ox were begun last Octo- C'1 I G ber and continued for threa g g sessions, concluding in late

-February. v

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