ML19256B641
| ML19256B641 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/21/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML17338B295 | List: |
| References | |
| NUDOCS 7908160241 | |
| Download: ML19256B641 (3) | |
Text
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UNITED STATES OF Id'ZRICA NUCLEAR REGULATORY COMMISSION
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W-f 1 sc, COMMISSIONERS:
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2 U&Nac Joseph M.
Hendrie, Chairman f,.
E JJUN21 19791n5 Victor Gilinsky
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Richard T. Ecnnedy
%ay, Peter A. Bradford 4="yg*
g c)t John P. Ahearne
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In thc Matter of
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SACBAMENTO MUNICIPAL UTILITY DISTRICT
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Docket No. 50-312
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Rancho Seco Nuclear Generating Station
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ORigyig
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ORDER 1979 the Commission By a confirmatory Order dated May 7, directed that the Ranche Seco facility, then in a shutdown should remain shut down.until certain actions speci-condition, fied in the Order were satisfactorily completed, as confirmed by The Order the Director, Office of Nuclear Reactor Regulation.
also directed the licensee to accomplish as promptly as practica.
ble the long '_erm modifications set forth in Section II of the Order.
The Or' der stated furthers Within twenty (20) days of the date of this order, the licensee or any person whose interest may be affected by this Order may request a hearing with respect to this Order.
Any such request shall not this order.
stay the immediate effectiveness of Requests for a hearing have been received from Friends of the Earth and from members of the Board of Directors of the 835 310 Sacramento Municipal Utility District.
The Commission hereby directs that the Chairman of the to Atonic Safety and Licensing Board Panel shall, pursuant 7908160 M \\
10 CFR 2.10 S (c), select'a board to determine whether the requesters meet the requisite personal interest test and to conduct any hear-ing which may be required.
The subjectis to be considered at the hearing shall inc u e 1.
Whether the actions required by subparagraphs (a) through (e) of Section IV of the Order are nece.ssary and suffi-cient to provide reasonable assurance that'the facility will i
respond safely to feedwater transients, pe iding completion of the long-term modifications set forth in Section II.
A contention challenging the correctness of the NRC staff 's conclusion that the actions described in subparagraphs (a) through (e) have been com-pleted satisfactorily will be considered to be within the scope of the hearing.
However, the filing of such a contention shall not of itself stay operation of the plant.
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Whether the licensee should be required to accomplish, as prcmptly as practicable, tha long-term modifications ' set forth in Section II of the Order.
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Whether those long-term codifications are sufficient to provide continued reasonable assurar.ce that the facility'will respond safely to "eedwater transients.
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Resumed op: ration of the Rancho Seco facility on terms con-sistent with the Order of "ay 7, 1975, is not stayed by the pen-dency of these proceedings.
Contrary to the contention of the Friends of the Earth in their filing of June 8, 1979, the trin-scripts of the Commission proceedings of April 25 and 27 reflect no Commission intent that hearings necessarily precc.fe restart of the facility.
Nor is such a requirement compelled by law or by the f actual circumstances before us.
Mere spe:ulation that the hearing might develop facts indicating the need for further
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w enforcement action does not suffice to warrant a prohibition on re-start of the f acility.
In the event that a need for further enforce-
=ent action becomes apparent, eit.her in the cot 2rse of the hearing or at any other time, appropriate action can be taken at that time.
NRC staf f has now determined that the acticms 3et forth in sub-paragraphs (a) through (e) have been completed satisfactorily, and
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it shall provide the Commission with an informa*.ional briefing as -
to the basis for its conclusions prior to permitting restart of the facility.
That briefing will be open to the pciblid.
In receiving the Commission will in no manner prejudge the merits this brf fing, of the adjudicatory hearing authorized by this Order.
Any adjudi-catary determination by the Commission -that may arise from that hear,;_
ing will be based solely on the record develogesa in that prcceeding.-
It is so ORDERED.
For e Com:ttissiom oR i
I SAMUEL J. CHI.LrC N
Secretary ofj the Cbmmission Dated at Washington, D.C.,
3 this 21st day of June, 1979. the basis of l/ The decision of the Licensing Board will bei made on the record developed before it. Tccordingly, pursuant to our rules, statements made by any person in the course of the s taff 's infor=a-tional briefing for the Commission may not he "' pleaded, cited, or relied upon" in the adjudicatory proceedings before the Licensing 2 card, or in subsequent appellate proceedings before the Appeal Board. 10 CFR 9.103. If and whe1 Com;aission review of that adjudi-cation takes place, any party wishing to plead, cite, or rely en the transcript of the informational briefing will be at liberty to do so. To that extent, owing to the unusual factu il circums tances present here, we waive the p5ohibition contained ! 1 10 CFR 9.10 3, in accor-authsri fng sikg waiver by the l dance with the provfision of that rule l1 .5 [ p,, + 41 [.] Com=ission. s , u,4 i. [ 6 s., um .a _}}