ML19254F204

Forwards Draft Stipulation Re Contentions of Tx Association of Community Organizations for Reform Now. Parties Should Defer Further Consideration of Contention 31 Due to New Developments.W/O Encl

ML19254F204
Person / Time
Site:	Comanche Peak
Issue date:	10/04/1979
From:	Ulman M NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Gay G WEST TEXAS LEGAL SERVICES
References
NUDOCS 7911070340
Download: ML19254F204 (2)

Text

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UNITED STATES g

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NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D. C. 20555

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OCT 4 1979 ff 'h:.

'j Geoffrey M. Gay, Esq.

y' West Texas Legal Services 100 Main Street (Lawyer's Bldg.)

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Fort Worth, Texas 76102 In the Matter of Texas Utilities Cenerating Company, et al.

(Comanche Peak Steam Electric Station, Units 1 and 2)

Docket Mos. 50-445 and 50-446

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Dear Mr:

-Gayd In accordance with our recent telephone conversation, I have prepared and enclosed a draft stipulation covering the contentions of the Texas Associa-tion Community Organizations for Refonn Now (ACORN). This draft stipulation reflects the position of the parties with respect to these contentions, as set forth in the statement of contentions previously transmitted to you and Applicant's counsel, and in the parties' telephone conference of August 31, 1979.

Subsequent to the conference call, the Staff reassessed its position regard-ing ACORN's " Safety" contention 31, relating to emergency planning. The Staff's reassessment is based on recent developments, more fully discussed below, which have occurred in the area of emergency planning. The cumula-tive impact of these developments causes the Staff to believe that the pai-ties should defer further consideration of contention 31. Therefore, the Staf f has included in the stipulation a separate paragraph covering conten-tion 31, which reflects this position.

The developments referred to above are:

1) the Commission issued a " Notice of Proposed Expedited Rulemaking on the Adequacy and Acceptance of Emergency Planning Around Nuclear Facilities" (Notice), 44 Fed. Rea. 41483 (July 17, 1979); 2) the Joint EPA-NRC Task Force Plannino Basis for Development of State and Local Government Radiolocical Emercency Response Plans in Succort of Light Water Nuclear Power Plants (NUREG-0396) (Joint Task Force) is pend-ing before the Conmission for its approval; and on July 23, 1978, Mr. Denton, Director of Nuclear Reactor Regulation, promulgated SECY-79-450, " Action Plan for Promptly Improving Emergen:y Preparedness," (Action Plan). The Notice of Proposed Rulemaking may not diree';1y a.~fect this proceeding because a major portion of it relates to operatine, reactors. However, the Joint Task Force report is important to this rcoceeding because it forms a major portion of the basis for extending emergency planning to at least ten miles.

In the Action Plan, Mr. Denton, Director, Office of Nuclear Reactor Regula-tion, infomed the Commissioners thc' the staff will:

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Mr. Geoffrey M. Gay,

(5) Assess the relationship of State / local plans to the licens-ee's and Federal plans so as to assure the capability '.o take appropriate emergency actions.

Assure that this capa-bility will be extended to a distance of 10 miles as ! con as practical, but not later than January 1,1981.

To assist you in understanding the recent developments in emerg ancy planning, I am enclosing copies of the documents referred to above.

I would appreciate it if you would review this draft stipulaticn on an expe-dited basis, since I will be contacting you and Applicant's counsel shortly in order to discurs whether there are any objections to the language in the stipulation. The draft stipulation and statement of contentions will then be prepared in final form and transmitted to you for your signature, under separate cover. As prepared in final fonn, the documents will reflect cor-rections or changes agreed to by the parties.

Af ter signature, the stipula-tion and statement of contentions will be transmitted to the Licensing Board for its consideration.

Sincerely,

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Marjorie B. Ulman Counsel for NRC Staff

Enclosures:

1.

Federal Register _ Notice dated July 17,1979 2.

NUREG-0396 3.

SECY-79-450 4.

Draf t Stipulation cc w/ Enclosure #4:

Service List (except Licensing Board members) cc w/o

Enclosures:

Licensing Board members 1289.T 9

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