ML19263B320

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State of VA Does Not Request Hearing Re Safety Issues. State Does Not Waive Right to Raise Issues in Appropriate Proceedings Before NRC or in Any Other Forum at a Later Time
ML19263B320
Person / Time
Site: Surry  Dominion icon.png
Issue date: 12/20/1978
From: Gambardella A
VIRGINIA, COMMONWEALTH OF
To: Mark Miller, Paris O, Shon F
Atomic Safety and Licensing Board Panel
References
NUDOCS 7901180031
Download: ML19263B320 (2)


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1101 EAST BROAO ST ACCT Ric H MON O. VIRGIN I A 23219 804 786 207s December 20, 1978

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8 Marshall E. Miller, Esquire Q$bo

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U. S. Nuclear Regulatory Commission

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Dr. Oscar H.

Paris g

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Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission

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Washington, D.C.

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Mr. Frederick J.

Shon Atomic Safety and Licensing board U.

S. Nuclear Regulatory Commission Washington, D.C.

20555 s-Re:

In the matter of VIRGINIA ELECTRIC AND POWER COMPANY (Surry Power Station, Units 1 and 2),

Docket Nos. 50-280, 50-281.

Gentlemen:

By your Order of February 9, 1978, the Commonwealth of Virginia was granted leave to file a request for hearing in this matter within ten days of the issuance of the Sta5f Safety Evaluation Report (SER).

That document was issued on December 15, 1978.

Accordingly, a request for hearing must be made within ten days thereafter.

The SER (Appendix A) deals specifically with the safety issues raised by the Commonwealth.

The Staff, based on its independent evaluation, has resolved those issues, among others, and concluded that the public health and safety will be protected if the steam generator repair program is carried out as described in the application and as limited by certain 790118003,\\

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Marshall E. Miller, Esquire Dr. Oscar H.

Paris Mr. Frederick J. Shau December 20, 1978 Page Two license conditions.

The Staff notes certain reservations concerning the design of the new steam generators (SER, pp 28-29).

In addition, further analysis of the emergency core cooling system will be required to verify compliance with 10 C.F.R.

S 50.46 under conditions assuming that steam generator tubes are not plugged (SER, pp. 40,44).

The facts of record are largely established by the SER, and formal adjudicatory hearings, in the absence of operating experience to verify the calculated results, would not, in the Commonwealth's view, add significantly to that record.

The Commonwealth does not waive any right she may have to raise issues concerning the reservations noted above (or other matters which may arise later) in appropriate proceed-ings before the NRC or in any other forum; but She will not request a hearing in this matter.

Respectfully submitted, t' /%'

L Anthony G<.abardeJia Assistant Attorney General 8:17L120W2 cc:, Secretary U.

S. Nuclear Regulatory Commission Washington, D.C.

20555 Michael W. Maupin, Esquire James N.

Christman, Esquire Hunton & Williams Post Office Box 1535 Richmond, Virginia 23212 James M. Cutchin, Esquire Office of tne Executive Legal Director U.

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Nuclear Regulatory Commission Washington, D.C.

20555

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