ML19256B639

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Ack Receipt of Requesting Part of Petition Be Treated as Petition for Rulemaking.Action Taken for Docketing.Remaining Request for Proceeding to Modify License Will Be Acted Upon Shortly
ML19256B639
Person / Time
Site: Davis Besse 
Issue date: 06/27/1979
From: Harold Denton
Office of Nuclear Reactor Regulation
To: Lodge T
TOLEDO COALITION FOR SAFE ENERGY
Shared Package
ML17338B295 List:
References
RULE-PRM-50-23 NUDOCS 7908160235
Download: ML19256B639 (2)


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June 27, 1979 Docket No. 50-346 Mr. Terry J. Lodge, Chairman Toledo Coalition for Safe Energy P. O.

Box 4545 Toledo, Ohio 43620

Dear Mr. Lodge:

This letter sill acknowledge receipt of your letter of June 12, 1979 requesting that a portion of your petition on behalf of the Toledo Coalition for Safe Energy (TCSE) be separated out for treatment ;nder 10 C.F.R.12.206 of the Comission's regulations and that the rercainder of the issues identified in that letter be treated as a petition for rulemaking.

In accordance with that request, I am' forwarding copies of your correspondance to the Secretary of the Commission for docketing cs a petition for rulemaking.

I expect to act shortly on TCSE's remaining request to institute a pro-ceeding to modify the license for operation of Davis-Besse in the area of emergency and evacuation procedure pursuant to 10 C.F.R. 52.2C6 but I do not now expect that a decision on that matter will precede authoriza-tion for the reactor to resume operation.

As you were informd by a letter frem Mr. James Keppler, Director of Region III of the Comission's Office of Inspection and Enfr. _ rant dated May 17, 1979, the determination regard-ing when the Davis-Besse Unit i facility will be permitted to return to operation will be based on an evaluation of whether the actions specified in the Commission's May 16, 1979 Order have been completed to the satis-f< ' tion of the NRC. A copy of that Order was sent to you with Mr. Keppler's leter.

As indicated above, the nature and subject matter of your petition, contained in your correspondence with this agency (letter of April 24 to J. Keppler, letter of May 23 to S. Burns, and letters of June 12 to H. Denton and S. Burns), reflect that it is properly a request for consideration under 10 C.F.R. 32.206 (petition for license modification) and 10 C.F.R.12.802 (petition for rulemaking). The petition is not, therefore, a request for a hearing with respect to the Comission's May 16, 1979 Order as pmvided for in Section V of the Order. Accordingly, I am treating your request as prescribed by the appropriate regulations.

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Because it insolves a related matter regarding a similar Babcock and Wilcox reactor, I am also enclosing for your infonnation a copy of a Commission Ordi r issued June 21, 1979 ruling on a request for a hearing brought pursuant to the Conmission's Order of May 7 directing that the Rancho Seco facil'ty remain shut dcwn until certain actions specified in that Order were atisfactorily completed.

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Hamid R. Denton, Directar y

s' Office of Nuclear Peactor Regulation

Enclosure:

As stated O

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