ML19262A744

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Forwards Response to Applicant .Formal Petition to Intervene Re OL Amend Will Be Filed on 791102
ML19262A744
Person / Time
Site: Point Beach NextEra Energy icon.png
Issue date: 11/26/1979
From: Falk K
WISCONSIN'S ENVIRONMENTAL DECADE
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML19262A745 List:
References
79126, NUDOCS 7912100470
Download: ML19262A744 (1)


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November 26, 1979 N

cp BY TELEX Mr. Samuel J. Chilk, Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Point Beach Nuclear Plant Unit i Docket No. 50-266 (Steam Generator Tube Degradation)

Dear Mr. Chilk:

Enclosed please find for docketing in the above-referenced matter the

" Response of Petitioner Wisconsin's Environmental Decade, Inc. to November 23, 1979, Letter of Applicant Wisconsin Electric Power Company (Steam Generator Tube Degradation Matter)."

It is our understanding that the Commission is scheduled to act upon our petition, dated November 14, 1979, by the end of this week.

We recognize the burden placed on both the Commission and its staff as a result of the neces-sity of acting expeditiously on the facts presented in the petition. However, the utility's efforts to create the impression that it is the petition that has created the need for speed relief is inconsistent with the utility's own actions in this regard. Thi ecause the facts revealing a significant safety problem were inescapable to the company by the beginning of August of this year, and yet the company took no action to bring the safety matter to the Commist, ion's attention.

It is because of their failure to handle this matter in a timely fashion that necessitated our requesting Commission attention prior to the reopening of the plant.

On furthe point must be emphasized. What the controvery at hand reveals unarguably is that there are several' highly technical questions for which there are as yet no resoltuion or agreement among the experts inside and outside of the Commission. There has been no prerequisite fact-finding, no written record, no evidence or sworn testimony taken, all of which are essential if the Commission is to make a sound decision on the petition. At the very minimum, then, it is imperative that the Commission order an adjudicatory hearing for the purpose of resolving the steam generator tube degradation problem facing the Point Beach Unit 1 plan.

Finally, this is to inform the Commission that we will be filing within the next two days a formal motion to intervene in the amendment to operating license request filed by Wisconsin Electric Power Company on November 2,1979.

Thank you for your attention to this matter.

1526 31c3 Sincerely, WISCONSIN'S ENVIRONMENTAL DECADE, INC.

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KATHLEEN M. FALK, General Counsel cc: Wisconsin Electric Power Company (with enclosures)m e e-me wu; e,ct <=: