ML19290B755
| ML19290B755 | |
| Person / Time | |
|---|---|
| Site: | Black Fox |
| Issue date: | 12/04/1979 |
| From: | Davis L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC COMMISSION (OCM) |
| References | |
| NUDOCS 7912140006 | |
| Download: ML19290B755 (6) | |
Text
e t
'8EEE 3
E I
DEC 61978 >8 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
{
7,2.d 9 W
/
BEFORE THE COMMISSION g-
'N w
In the Matter of
)
)
PUBLIC SERVICE COMPANY OF OKLAHOMA,
)
Docket Nos. STN 50-556 ASSOCIATED ELECTRIC COOPERATIVE, INC.
)
STN 50-557 AND
)
WESTERN FARMERS ELECTRIC COOPERATIVE, INC.
(Black Fox Station, Units 1 and 2)
)
NRC STAFF RESPONSE TO APPLICANTS' MOTION FOR CLARIFICATION I.
Background
On November 16, 1979, Public Service Company of Oklahoma et al. (Applicants) filed a motion with the Nuclear Regulatory Comission (NRC) seeking the issuance of "an order clarifying the NRC's statement entitled ' Modified Adjudicatory Procedures' of November 5, M79 as it relates to the instant proc eed i ng. '.' Specifically, the Applicants requested that the NRC Staff "be directed to proceed with the licensing review of the Black Fox Station as previously outlined in the Commission's October 5, 1979 Interim Statement of Policy and Procedure." Applicants' Motion to Clarify at 1.
Applicants claim that the requested clarification is needed to eliminc e what it sees as a " general state of confusion among the NRC Staff as to what steps to take regarding the Black Fox Station." Applicants' Motion to Clarify at 5.
The NRC Staff believes that the motion should be denied in that no valid basis for the motion has been presented. The Commission's policy statements, 1577 347 7912140
s.
to date, have provided the Staff with sufficient guidance to permit the proper disposition of the Black Fox case.
II.
Discussion The Applicants' basic argument on the need for clarification is predicated upon a belief that since the Commission's November 9,1979 Statenent of Modified Adjudicatory Procedures "did not reiterate the position expressed in the Interim Policy Statement concerning the resumption of licensing reviews by the Staff... it is not clear whether the Final Statement was intended to supersede or supplement the Interim Statement." Applicants '
Motion to Clarify at 4.
The fact that the NRC Staff has not yet issued its SER Supplement Number 3 on Short Term Lessons Learned in the Black Fox proceeding is seen by the Applicants as further justification for the issuance of clarifying remarks. Applicants' Motiop to Clarify at 5.
The NRC Staff does not perceive any conflict between the two Statements of Policy, and thus no need for further clarification. The Commission's Interim Statement of Policy and Procedure makes it quite clear that while "new con-struction pennits, limitea wor 6 authorizations, or operating licenses for any nuclear power reactors shall be issued only after action of the Commission itself,... all other adjudicatory proceedings... may continue." 44 Fed.
Reg.58559(October 5,1979). Moreover, the Commission has expressly stated that "the Comnission's Staff should continue its present policy of informing the Commission, the NRC Licensees, and NRC Applicants of the Staff's views of the implications of the Three Mile Island accident in general and on what i577 54B
corrective or "reventative actions are c511ed for in specific cases as a result of its analysis of the accident."
Ibid. The Conmission has further stated that "this means the Staff is authorized to proceed with licensing revirJ. and present evidence on the implications of the accident for resolution of pro-ceedings now before Atomic Safety and Licensing Boards."
Ibid.
While the Comission's November 9,1979 Modified Adjudicatory Procedures Statement (44 Fed. Reg. 65049) does not specifically repeat the language of the Interim Policy Statement on the continuation of the Staff's licensing review, it is nonetheless clear, we believe, that the primary purpose of the latter statement was to set forth a revised procedure "by which [the Commission) would exercise increased supervision over adjudicatory licensing decisions" (id. at 65050) and was not intended to detract from or modify the guidance previously provided to the Staff regarding its participa-
~
tion in licensing proceedings.
Nothing in the second Statement of Policy implicitly or explicitly alters the authority given the Staff in the Interim Policy Statement to " proceed with licensing reviews and present evidence on the implications of the accident [at Three. Mile Island] for resolution of proceedings now before Atomic Safety and Licensing Boards." 44 Fed. Reg. 58559 (October 5,1979).
In short, the Applicants have not demonstrated why a further policy statement by the Commission is required to permit appropriate con-sideration of the Black Fox case by the Staff. This is not to say, of course, that the Commission may not or should not, sua sponte, decide at an appro-priate time that a revision of or.e or both of the policy statements referred to is called for.
1577 M9
The NRC Staff is, of course, mindful of the fact that the Comission has given it latitude to " conduct licensing reviews and present evidence to licensing boards as it sees fit."
Interim Statement of Policy and Procedure, supra at 58559.
It is also mindful of the fact that it is " free to conclude on a case-by-case basis that further consideration is required before it is prepared to speak to a particular issue or in a particular proceeding...."
Ibid.
Thus, absent guidance to the contrary, the Staff will, in the present case, continue to utilize its discretionary power to conduct a timely and appropriate review of the various issues raised in the Black Fox proceeding, and promptly transmit the results of its reviews to the Atomic Safety and Licensing Board upon completion of its work.
III.
Conclusion For the reasons set forth above, the NRC Staff is of the opinion that the Commission's Interim Statement of Policy and Procedures and the Statement of Modified Adjudicatory Procedures are sufficiently clear that the Comission need not, on the grounds alleged by Applicants, single out this case for a further elaboration or specific definition of the licensing review procedures to be used. Accordingly, the Applicants' motion should be denied.
Respectfully submitted, fl Q
G 3
L. Dow Davis Counsel for NRC Staff Dated at Bethesda, Maryland 1577 550
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of
)
PUBLIC SERVICE COMPANY OF OKLAHOMA, ASSOCIATED ELECTRIC COOPERATIVE, INC.
Docket Nos. STN 50-556 AND STN 50-557 WESTERN FARMERS ELECTRIC COOPERATIVE, INC.
(Black Fox Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO APPLICANTS' MOTION FOR CLARIFICATION", dated December 6, 1979, in the above-captioned proceeding, have been served on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Comission's internal mail system, this 6th day of November,1979:
- Dr. Joseph M. Hendrie, Chairman
- Dr. W. Reed Johnson U.S. Nuclear Regulator'p Comission Atomic Safety and Licensing Appea'l Washington, D.C. 20555 Board U.S. Nuclear Regulatory Comission
- Dr. Victor Gilinsky Washington, D. C.
20555 U.S. Nuclear Regulatory Comission Washington, D. C.
20555
- Jerome E. Sharfman, Esq.
Atomic Safety and Licensing Appeal
- Mr. Richard T. Kennedy Board-U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Comission Washington, D. C.
20555 Washington, D. C.
20555
- Peter A. Bradford
- Sheldon J. Wolfe, Esq.
U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D. C.
20555 U.S. Nuclear Regulatory Commission Washington, D. C.
20555
- John F. Ahearne U.S. Nuclear Regulatory Commission
- Mr. Frederick J. Shon Washington, D. C.
20555 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission
- Richard S. Salzman, Chairman Washington, D. C.
20555 Atomic Safety and Licensing Appeal Board Dr. Paul W. Purdom U.S. Nuclear Regulatory Comission Director, Environmental Studies Group Washington, D. C. 20555 Drexel University 32nd and Chestnut Street Philadelphia, Pennsylvania 19104 1577 351 Joseph Gallo, Esq.
Mr. Vaughn L. Conrad Isham, Lincoln & Beale Public Service Company of Oklahoma 1050 17th Street, N.W.
P. O. Box 201 Washington, D. C.
20036 Tulsa, Oklahoma 74102 Michael I. Miller, Esq.
Joseph R. Farris, Esq.
Isham, Lincoln & Beale John R. Woodard III, Esq.
One 1st National Plaza Feldman, Hall, Franden, Reed Suite 2400 and Woodard Chicago, Illir.ois 60606 816 Enterprise Building Tulsa, Oklahoma 74103 Mrs. Carrie Dickerson Citizens Action for Safe Engery, Inc.
Alan P. Bielawski P.O. Box 924 Isham, Lincoln & Beale Claremore, Oklahoma 74107 One First National Plaza Suite 4200 Jan Eric Cartwright, Esq. &
Chicago, Illinois 60603 Charles S. Rogers Attorney General Mr. Gerald F. Diddle State of Oklahoma General Manager 112 State Capitol Building Associated Electric Cooperative, Inc.
Oklahoma City, Oklahoma 73105 P. O. Box 754 Springfield, Missouri 65801 Mr. Clyde Wisner NRC Region 4 Mr. Maynard Human Public Affairs Officer General Manager 611 Ryan Plaza Drive Western Farmers Coop., Inc.
Suite 1000 P.O. Box 429 Anadarko, Oklahoma 73005 Arlington, Texas 76011 Andrew T. Dalton, Jr., Esq.
- Atomic Safety and Licensing Appeal Board Attorney at Law U.S. Nuclear Regulatory Commission 1437 South Main Street, Rm. 302 Washington, D. C.
20555 Tulsa, Oklahoma 74119
- Atomic Safety and Licensing Board Panel Mrs. Ilene H. Younghein U.S. Nuclear Regulatory Commission 3900 Cashion Place Washington, D. C.
20555 Oklahoma City, Oklahoma 73112
- Docketing and Service Section Paul M. Murphy Office of the Secretary Isham, Lincoln & Beale U.S. Nuclear Regulatory Commission One First National Plaza Washington, D. C.
20555 Suite 4200 Chicago, Illinois 60603 Dr. M. J. Robinson Black & Vaetch Lawrence Burrell P. O. Box 8405 Route 1, Box 197^
Kansas City, Missouri 64114 Fairview, Oklahoma 73737 Mr. T. N. Ewing Acting Director
{M IO Black Fox Station Nuclear Project Public Service Company of Oklahoma L.'Dow Davis P.O. Box 201 Counsel for NRC Staff Tulsa, Oklahoma 74102 1577 352