ML19257B476
| ML19257B476 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 12/20/1979 |
| From: | Ostrander F, Sandvik R OREGON, STATE OF |
| To: | Mark Miller Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8001160380 | |
| Download: ML19257B476 (4) | |
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co CD DEPARTMENT OF JUSTICE g
PORTLAND DMSION g
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Pordand, Oregon 97204
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Telephone: (503) 229 5725 b
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's Marshall E. Miller, Chairman Atomic Safety and Licensing Board
~0.S. Nuclear Regulatory Com*ission Washington, DC 20555 In the Matter cf portland General Electric Company, et al.
(Trojan Nuclear Plant)
Docket No. 50-344 (Control Building)
Oear Chairman Miller:
The purpose of this letter is to request, in connection wi_h the hearings to be held in this proceeding on December 28 and Deca-her 29, 1979:
'l)
That the Scard focus its attention, and that of the parties, en the cuestion of whether rescinding the Board's
- ve ber 30, 1979 order, and thereby allowing the prompt rest:2d operation of the Trojan plant, would be inimical to the public health and safety; and
- 2)
That the Board issue its ruling on the above-stated issue, whether affirmative or negative, from the bench a- -J.e conclusien of the hearings.
The Board and the parties have received copies of letters f := _he Governor of Oregon to NRC Chairman Ahearne.
The thrust of
'=== letters is that Oregon, and the entire Pacific
- r-2. vest region, face a potentially serious shortage of electrical energy during the winter of 1979-1980.
While the question of the nesi fer the energy from the Trojan plant _ is not germane to the safety questions before the Board, the impending energy shortage does scify a verf prcmpt decision on whether or not Trojan should be cperated at this time.
e 1766'342 h
80 01160
Marshall E. Miller December 20, 1979 Page 2 After reviewing once again the Board's November 30, 1979 order and its notice of hearing, Oregon is concerned that the hearing scheduled to begin on December 28, 1979 will not be focused with sufficient precision.
By its order of December 21, 1978, the Board concluded that, subject to certain conditions, interim operation of the Trojan plant for an undefined period of time was not inimical to the public health and safety.
The Board's November 30, 1979 order reflects an apparent loss of confidence in the conclusion the Board reached in December, 1978, based on a concern that all safety-related systems had not been examined to assure its ability to withstand an SSE.
Thus, the issue of critical concern is whether there is in fact a basis for concluding that continued interim operation of Trojan would be inimical to the public health and safety.
Questions regarding completion of the staff's Safety Evaluation Report on the control building modifications and the schedule for completion of Phase II should be subor-dinate to that issue.
Furthermore, Oregon (as are, we suspect, other parties to this proceeding) is uncertain as to how the hearing on December 28 will be conducted.
One possible method would be for the Board simply to conduct its own questioning of the persons it considers appropriate in order to resolve the issues raised in its November 30, 1979 order.
On the other hand, the proceeding could be conducted as a full evidentiary hearing with cross-examination by each party.
Oregon is inclined to believe that the first alternative is the most appropriate, given that the November 30, 1979 order was issued by the Board sua sponte, and not in response to a motion by any party alleging that continuted interim opera-tion is unsafe.
Finally Oregon hopes to have its response to Item No. 5 in the Board's November 30, 1979 order completed and served by December 21, 1979.
That response will also serve as Oregon's answer to Intervenor's December 8, 1979 " Motion to Reopen Phase I Evidentiary Hearing, etc." and the applicant's request, treated by the Board as a motion, that
.the November 30, 1979 order be rescinded.
Very truly yours, 4d U. Mv,d,7 g Frank W. Ostrander, Jr.
Richard M.
Sandvik Assistant Attorneys General dg cc:
Trojan Control Building Service List i766 343'
e CERTIFICATE OF SERVICE I, Frank W. Ostrander, Jr., hereby certify that on this 20th day of December, 1979 I served the within letter to the Atomic Safety and Licensing Board upon the following parties of record by then depositing in the United States Post Office at Portland, Oregon, full, true, and correct copies thereof, i
addressed to the said parties of record at the following i
addresses listed below, and prepaying the postage thereon:
Marshall E. Miller, Esq., Chair.
Mr. David B. McCoy Atomic Safety and Licensing Board 348 Hussey Lane C.S. Nuclear Regulatory Comm'n Grants Pass, Oregon 97256 Washington, D. C.
20555 Ms. C. Gail Parson Dr. Kenneth A. McCollom, Dean 800 SW Green # 6 Division of Engineering, Portland, OR 97206 Architecture & Technology Oklahoma State University Ronald W.
Johnson, Esq.
Stillwater, Oklahoma 74074 Corporate Attorney Portland General Electric Cr. Hugh C.
Paxton 121 SW Salmon Street 1229-41st Street Portland, OR 97204 Los Ala=os, New Mexico 97544 William W.
Kinsey Mr. John A.
Kullberg 1002 NE Holladay Ecute One, Box ?500 Portland, OR 97232 Sauvie Island, Oregon 97231 Ms. Nina Bell Columbia Environmental Council 632 SE 18th 203 S.
1st Street Portland, Oregon 97214 St. Helens, Oregon 97051 Mr. Stephen M. Willingham Joseph R.
Gray 555 N. Tomahawk Drive Counsel for NRC Staff Portland, Oregon 97217 C.S. Nuclear Regulatory Comm'n Washington, D.
C.
20555 Mr. Eugene Rosolie Coalition for Safe Power Maurice Axelrad, Esq.
215 SE 9th Avenue Lowenstein, Newman, Reis, Portland, OR 97214 Axelrad & Toll 9
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Dr.
W. Reed Johnson Atomic Safety and Licensing A:c=ic Safety and Licensing Appeal Panel
._ppeal Board U.S. Nuclear Regulatory Comm'n U.S. Nuclear Regulatory Comm'n Washington, D. C.
20555 Washington, D. C. 20555 Docketing and Service Section E.a= S. Rosenthal, Esq.
Office of the Secretary A:cnic Safety and Licensing U.S. Nuclear Regulatory Comm'n Appeal Board Washington, D.
C.
20555 i
U.S. Nuclea-- Regulatory Comm'n i
Washington, D. C. 20555 Office of the Executive Legal Director Dr. Cohn H. Buck U.S. Nuclear Regulatory Comm'n A:cnic Safety and Licensing Washington, D.C.
20555 Appeal Board U.S. Nuclear Regulatory Comm'n F
Washington, D. C. 20555 A:c=i: Safety and Licensing Appeal Board Panel
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U.S. Suclear Regulatory Comm' n W= shington, D. C. 20555 Wd l< l Cm u
FRANR if. OSTRANDER, JR. G Assistant Attorney General Of Attorneys for the State of Oregon E
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1766 345
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