ML19305C661
| ML19305C661 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 03/14/1980 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 8003310233 | |
| Download: ML19305C661 (3) | |
Text
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cccx m o UNTTED STATES OF AMERICA Il W
. 0, NUCLEAR REGULATORY COMt11SSION 5
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CONSUMERS POWER C0fiPANY
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Docket Nos. 50-329
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50-330 (111dland Nuclear Power Plant,
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Units 1 and 2)
NOTICE OF HEARING Consumers Power Company (CPCo) is currently constructing the Midland Nuclear Power Plant, Units 1 and 2, under Construction Permits No. CPPR-81 and No. CPPR-82 issued by the Nuclear Regulatory Commission.
On December 6,1979, the Acting Director of the Office of Nuclear Reactor Regulation (NRR) and the Director of the Office of Inspection and Enforcement (I&E) jointly served on CPCo an Order Modifying Construction Pemits (Order) which would prohibit CPCo from per-forming certain soil-related activities pending approval of amendments to the construction pemits.
The Directors based their Order on several investiga-tions which revealed a breakdown in quality assurance related to soil con-struction activities under and around safety-related structures and systems, and CPCo's failure to respond to Staff's formal requests under 10 CFR 50.54(f) for acceptance criteria necessary for the evaluation of technical adequacy and proper implementation of proposed remedial actions.
Consequently, the Directors detemined that they cannot conclude, on the basis of the infomation provided e
by CPCo, that safety issues associated with remedial actions related to soil deficiencies will be resolved; and found that they do not have reasonable assurance that the affected safety-related portions of the Midland facility will be constructed and operated without undue risk to the public health and safety.
8008810
2 On December 26, 1979, CPCo filed a Request for Hearing pursuant to Part V
~
of the Order.
See, 10 CFR 2.204.
In that Request, CPCo referred to other pending NRC proceedings which it believes involve issues substantially identical to those addressed by the Order of December 10.
CPCo also stated its intention to move, pursuant to 10 CFR 2.716, to consolidate all the proceedings which are considering these issues.
10 CFR 2.204 provides that if a licensee demands a hearing, the license amendment will become effective on the date specified in an order made following.
the hearing.
Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, and 10 CFR Part 2 of the Commission's regulations, notice is hereby given that a hearing will be held before an Atomic Safety and Licensing Board composed of Ivan W. Smith, Esq., Chainnan, Dr. Frederick P. rowan, and Mr. Gustave A.
Linnenberger. The Atomic Safety and Licensing Board shall consider and decide the following issues:
1.
whether the facts set forth in Part II of the Directors' Order of December 6 1979, are correct; and 2.
whether that Order should be sustained.
In addition, if CPCo moves to consolidate this proceeding with other NRC pro-ceedings which involve substantially identical issues, the Board shall consider whether such consolidation would adversely affect the expeditious resolution of the issues stated above.
4
-A prehearing conference shail be held by the Atomic Safety and Licensing 1
Board at a date and place to be set by the Board to consider pertinent matters i
in accordance with the Commission's Rules of Practice.
The date and place of l
l
3 the hearing will be set at or after the prehearing conference and will be noticed in the Federal Register.
Pursuant to CFR 2.705, an answer to this Notice may be filed by the Licen-see not later than twenty (20) days from the date of publication of this flotice in the Federal Register.
~.~.2 Commission authorizes an Atomic Safety and Licensing Appeal Board pursuant to 10 CFR 2.785 to exercise the authority to perform the review func-tions which would otherwise be exercised and performed by the Commission, sub-
, ject to Commission review, as appropriate, under 10 CFR 2.786.
The Appeal Board will be designated pursuant 10 CFR 2.787 and notice as to membership will be published in the Federal Reaister.
For the Commiss on s
i SAftuEL J.
- HILK Secretary of tF e Commission Dated at Washington, DC, this[
day of March,1980.
Section 201 of the Energy ' Reorganization Act, 42 U.S.C. !iS841 provides that action of the Commission shall be detgrmined by a" majority vote of the members present."
Had Commissioners Hendrie and Bradford been present at the meeting they would have voted with the majority.
Accordingly, the formal vote of the Commission was 3-0 in favor of the decision.
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