ML19254E784
| ML19254E784 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 09/20/1979 |
| From: | Gallo J ISHAM, LINCOLN & BEALE |
| To: | Purdom P, Shon F, Wolfe S Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 7911020320 | |
| Download: ML19254E784 (4) | |
Text
PUBLIC DOOMfENT BOOM ISHAM, LINCOLN & BEALE g@ l %s COUNSRORS AT LAW 1050 879 STREET N.W.
SEVENTH FLOOR WAS HINGTON, D. C. 2OO3 6 g
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TELEPHONE 202-833-9730
.i Jj CHICAGO OFFICE 64 I
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TELEPHONE 3t2-786-7500 G.
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'N September 20, 1979 Sheldon J. Wolfe, Esquire Mr. Frederick J.
Shon, Member Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission 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 In the Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, Inc.) Docket Nos. STN 50-556 and
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STN 50-557 Western Farmers Electric Cooperative )
)
(Black Fox Station, Units 1 and 2)
)
Gentlemen:
It is the purpose of this letter to respond to a pleading filed by the NRC Staff in this proceeding on August 27, 1979 and styled as "NRC Staff Response to Licensing Board Order On ECCS Matters."
As previously indicated in our Reply / to the NRC 1
Staff's draft findings of fact on Board Questions 2-1, 2-2 and 2-3, Applicants continue to find the procedural and sub-stantive aspects of the NRC Staff's position objectionable.
-1/
See Applicants' Reply to the NRC Staff's Findings of Fact Concerning ECCS Matters, filed on May 17, 1979.
r i
1262 300 rea#
0 7911020 (
f Specifically, the position of the NRC Staff is still dehors the record, and although this legal defect was stressed in our Reply to the draft findings, the Staff continues to offer no remedy.
Moreover, we do not agree that the Staff's
" concerns" are based on either (i) new information developed subsequent to the testimony of the witness Hodges on February 22, 1979 (Tr. 8033), or the close of the hearing record on February 28, 1979; or (ii) information that is significant in any way to the. findings required by 10 C.F.R. S 50.35.
Finally, we reject the notion that the alleged concerns of the NRC Staff are subject to the rule en Appeal Board in the River. Bend decision.gpciated by the This is true because the NRC Staff has made no showing it has complied with its internal procedures for properly identifying and addressing their " concerns" with the GE ECCS evaluation model as generic unresolved safety questions.
However, Applicants do not intend to argue the matter further since the conclusion set forth in the Staff's Response continues to support the issuance of the construc-tion permits for the Black Fox Station.
We do, however, expressly reserve the right to interpose these objections should any party or the Licensing Board desire to hear additional witnesses on this subject.
Sincerely, Joseph Gallo One of the Attorneys for the Applicants 1262 301 2/
6 NRC 760' (1977).
I i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of the Application of
)
Public Service Company of Oklahoma,
)
Associated Electric Cooperative, Inc. ) Docket Nos. STN 50-556 and
)
STN 50-557 Western Farmers Electric Cooperative
)
)
(Black Fox Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that the following:
Letter to the Atomic Safety and Licensing Board from Joseph Gallo, dated September 20, 1979 in the above-captioned proceeding was served upon the persons shown on the attached list by depositing copies thereof in the United States mail, first class postage prepaid, this 20th day of September, 1979.
Qm g EPI /GALLO Mne of the Attorneys for the Applicants 1262 3Cf2
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...--u-..n.
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Sheldon J. Wolfe, Esquire Mr. Clyde Wisner Atomic Safety and Licensing NRC Region 4 Board Panel Public Affairs Officer U.S. Nuclear Regulatory 611 Ryan Plaza Drive Commission Suite 1000 Washington, D.C.
20555 Arlington, Texas 76011 Mr. Frederick J. Shon, Member Andrew T.
Dalton, Esquire Atomic Safety and Licensing 1437 South Main Street Board Panel Room 302 U.S. Nuclear Regulatory Tulsa, Oklahoma 74119 Commission Washington, D.C.
20555 Mrs. Carrie Dickerson Citizens Action for Safe Dr. Paul W.
Purdom, Director Energy, Inc.
Environmental Studies Group P.O. Box 924 Drexel University Claremore, Oklahoma 74107 32nd and Chestnut Streets Philadelphia, Pennsylvania 19104 Mrs. Ilene H. Younghein 3900 Cashion Place Docketing and Service Section Oklahoma City, Oklahoma 73112 Office of the Secretary of the Commission Mr. Lawrence Burrell U.S.
Nuclear Regulatory Route 1, Box 197 Commission Fairview, Oklahoma 73737 Washington, D.C.
20555 (20 copies)
Mr. Maynard Human General Manager Atomic Safety and Licensing Western Farmers Electric Cooperative Board Panel P.O.
Fox 429 U.S.
Nuclear Regulatory Andarxo, Oklahoma 73005 Commission Washington, D.C.
20555 Mr. Vaughn L.
Conrad Public Service Company of Oklahoma Atomic Safety and Licensing P.O.
Box 201 Appeal Board Panel Tulsa, Oklahoma 74102 U.S. Nuclear Regulatory Commission Mr.
T. N. Ewing, Manager Washington, D.C.
20555 Black Fox Station Nuclear Project Public Service Company of Oklahoma L.
Dow Davis, Esquire P.O.
Box 201 Counsel for NRC Staff Tulsa, Oklahoma 74102 U.S. Nuclear Regulatory Commission Charles S.
Rogers, Esquire Washington, D.C.
20555 Assistant Attorney General 112 State Capitol Building Joseph R.
Farris, Esquire Oklahoma City, Oklahoma 73105 John R. Woodard, III, Esquire Feldman, Hall, Franden, Reed
& Woodard 816 Enterprise Building 03 Tulsa, Oklanoma 74103