ML19256B645

Requests Info Submitted in 790424 & 0523 Ltrs Re Inadequate Emergency & Evacuation Plans Be Treated as Petition for Mod of Ol.Portions of 790424 Ltr Should Be Consolidated w/PRM-50-23 Filed by Critical Mass Energy Project

ML19256B645
Person / Time
Site:	Davis Besse
Issue date:	06/12/1979
From:	Lodge T TOLEDO COALITION FOR SAFE ENERGY
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML17338B295	List: ML17338B294 ML19256B645 ML19256B647 ML19256B651
References
RULE-PRM-50-23 NUDOCS 7908160248
Download: ML19256B645 (3)

Text

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.P.O. Box 2091

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' - Toledo, OH 4S503 C$0S Qg,9e#L June 12,1979 sscS @

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'Dr. Harold R. Centon, Director Office of Nuclear Reactor Regulation U.". Nuclear Regulatory Commission RE: Davis-Besse Nuclear Power 1717 H. Street, N.W. Station, Unit No.1, Occket Washington, D.C. 20555 No. 50-346

Dear Dr. Denton:

I am in receipt of your June 1,1979 letter confirming the NRC's ini-tiation of the processing of the cm11aint filed April 24, 1979 by the Toledo Coalition for Safe Energy. I hereby respectfully petition this Comnission to bifurcate its treatment of t. Sat letter and the information subsequently foraarded by me on May 23 to Mr. Stephen Burns of the Offfce cf the (NRC)

Executive Legal Director in the follcuing way:

(1) That my May 23 letter and inform 2 tion and the seccnd paragraph of the April 24 letter from the Toledo Coalition fc.- Safe Energy to James G. Keppler of NRC-Chicago, which addresses inadequate emergency and evacuation plans of Davis-Besse Nuclear PcNer Station, Unit I be treated as a petition for modification of the operating license granted to Toledo Edisu Company and Clevelana Electric Illainating Company pursuant to 10 CFR 32.206 and applicable sections of 52.202 and 550.---;

(2) That the tnird through eighth paragraphs of the April 24 letter be treated as a Petition for Rulemaking per 10 CFR 52.300 et.

s2c2 , and consolidated with the Petition for Rule Mak'ing fiTed by Critical Mass Energy Project, et. al. , on May 9,1379 (Scket No. PRM-50-23), and acted upon accordingly; (3) That a hearing on paragraph (11 herein be scheduief ariarcto the issuance of any NRC clearance to the oparators of D-3I tJ testart .

the plant, and that counsel for the ifcensee utilities te instruc-ted pursuant to 10 CFR 52.202 to shcw cause why the emergency and evacuation procedures frr Davis-Besse and the State of Ohio should not be modified prirs r to any startup of Davis-Besse; (4) That said hearing be he'd without delay.

I am in receipt of a lettar from Mr. Bruce W. Churchill, Counsel for TECo and CEI, licensees of Davis-Besse, dated June 8,1979 requesting relief from you in the form of dism13 sal of TCSE's petition. . I am not aware that you sit in the oosition of either an adninistrative law judge or hearing officer as of this t. te. Moreover,10 CFR 52.206 does not appear to grant to a licensee the right to respond to thDCSE petition at this stage of the proceedings. Theref6re, I respectfuliy request an crder from you tnat counsel for licensees' letter be stricken 2nd excluced from the record and from consideration of further NRC action on the TCSE peti tion. Failing 79')81O g pg $ 't 3

Dr. Harold Centon .,

Page 2 * -

that, I wilt treat counsel for licensees' letter as a motion for dismissal, albeit quite clearly outside of the self-explanatory provisions of 52.206 and 32.700 et. sea. The following response is for the specific purpose only of answering Mr. Churchill's ex parte letter in defense of the TCSE petition, and is not to be construed as aii exercise or waiver of any rights which TCSE has under the Administrative procedure Act, the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure, or Title 10 of the Code of Federal Regulations.

Counsel for licensees evidently cannot grasp the distinction between the complaint embodied in the April 24 petition, and the request for relief therein. Instead of addressing the substance of that complaint - that there are documentable inadequacies in the emergency and contingency arrangements for the utility and the State of Ohio concerning Davis-Besse I - counsel for licensees has treated the ,TCSE request for elief as the corpus of the coaplaint. This treatment of the petition :aiss a the point entirely, and is a disservice to this Com:tission in its feterminahf on as to whether the terms of the existing Davis-3 esse license should not be modified.

D-B I is closely related, from :t technical design standpoint, to the Three Mile Island II reactor. Distu-bingly, 0-8 is also closely related to TMI in terms of the totally aefic. eat emergency / evacuation procedures, the consequences of which was omb.ut.Cf depicted in the ignorance and indecision of Pennsylvania utility and government officials in March and Ap ril .

It is for these reasons that TCSE seeks the above-enumerated relief from this Commission, and specifically that Davis-Besse be restrained from startup until appropriate changes to emergency / evacuation preparedness and procedures be imposed upon licensees in the form of license modifications.

Section 50.100 of the CFR cmpcwers the NRC to modify a license .

...because of conditions revealed. by the application or licr.nse or statement of fact or any report, record, inspection, or other means, which would warrant the Commission to refuse to grant a license on an original application...

Simply stated, NRC guidelines set as a standard that the Commission review licenses which have been granted according to whether it would grant a license on the basis of obsolete license application components. Would the NRC approve, today, after Three Mile Island, the woefully insufficient emergency procedures which are currently applicable to Davis-Besse? TCSE thinks not.

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We await your earliest expeditious' action upon the TCSE petition and

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Dr. Harold Centon Page 3

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GL upEri~ the requests herein. Thank you very much.

Sincerely, T o Coun '

for the Toledo Coalition for afe Energy, Petitioners cc: Shaw, P'ttman, Potts & Trewbridge

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