ML19309A830

Protests Licensees Failure to Serve Filings Re Steam Generator Tube Degradation.Reiterates Request for Relief as Stated in 800226 Ltr & Requests NRC to Direct Licensee to Serve Documents

ML19309A830
Person / Time
Site:	Point Beach
Issue date:	03/27/1980
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NUDOCS 8004010389
Download: ML19309A830 (2)

Text

_. - . . . - - - - ... .-- - . .- - _ _ _ -

BOARD OF DIRECTORS STAFF I M. Jeanne DeGose. cwnrra . b Prol John Neess, e Ductoe Peter Anderson, rusuc usws cnce Peter Andorson N W Lase Prot George Becw Prot John hss Don Kroll. Eco4EffrHOToR I Kathleen Fok, Esq cmx ccann Dr Lrco Bianchard Richard Prested ..  ;

Vincent Heiness Nicholas Seay. Esq. '

Sheryl imerman Nancy Sorce I Helen Joccbs Thomas Von A?veo - '

Dorothy Logerroos Vctona Watson JuOth Lrdsay Anre Weinberg James Wolfe s ,. wem.g "m..u. van, e.e = w 1 s ;e .b L ,"

b! arch 27,1980 l htr. Hamid Denton, Director ,

Office of Nuclear Reactor Regulation I U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Re: Point Beach Nuclear Plant Units 1 6 2 Dockets 50-266 and 50-301 Gentiemen : j l

Reference is made to bir. Charnoff's letter of February 29, 1980, on behalf l of the licensee, which mplies to our letters of February 11, 1980 and Febmary l 26, 1980. {

I ne issue is our allegation of the licensee's failure to serve certain of its filings in the above-referenced dockets on this party, and in particular the licensce's letters of December 9,1979 and January 31, 1980.

hir. Charnoff disputes our allegation and contends that his " records show that all of our correspondence to the Commission with respect to Point Beach Unit I has been served on Wisconsin's Environmntal Decade, Inc." He also avers that there is no "' proceeding' relating to Unit 2".

His is to state that we believe hfr. Charnoff to be wmng on both counts and our quarrel with his failure to serve remains to be remedied.

As to his first contention, the December 9,1979, letter fmm the licensee is referenced to Unit 1, not Unit 2, and the document indicates on its face that a copy was only sent to htr. J. G. Koppler, Region III. In fact, wa we re not duly served with a < opy and only procurred one inadvertently two months later.

As to his second contention, the January 31, 1980, letter from the licensee Ay is indeed mferenced to Unit 2. But, there exists nothing in the formal record go l of the proceeding involving Unit 2 to indicate that the pressure reduction ylpD l licensee amendment application has been terminated. $

hfr. Chamoff takes reference to the licensee's letter of December 31, 19 79, to support his cont =ntion that the proceeding was terminated. But that letter of the licensee's only :, peaks to various alleged conversations with Staff,rm,,m soooo.io3 p

0 Mr. liarold Centon Fhrch 27,1980 Page 2 never conveyed to us nor made part of the record, relating to the treatment of the license amendment for Unit 1, in regard to which the pressure reduction issue was consolidated with the Commission's Confirmatory Order of November 30, 1979.

Whatever may or may not have been privately and improperly decided orally between the licensee and the Staff in regard to Unit I without placement in the rec ord is irre? < ant, however, to the legal obligation of the licensee to continue serving us with docum' e nts relating to the license amendment fo r pressure reduction to Unit 2.

For i ne foregoing reasons, we would reiterate our request for relief as-stated .tn our letter of February 26, 1980.

In addition, in view of the fact that the steam generator tube degradation problem previously concentrated in Unit I has now erupted in Unit 2(see: Licensee Event Report No. 80-002/01T-0, dated March 12, 1980), and in view of the fact that we have pending before the Commission a petition to temporarily sus-pond the operating licensee for Unit 2(see: Petition of Wisconsin's Environmental Decade , Inc. , dated bhrch 12, 1980, in docket 50-301), and in view of the further fact that hk. Charnoff disputes his legal obligation to serne us with the licensee's filings relating to Unit 2, we would also formally request the Commission to direct that the licensee also serve us with documents relating to unit 2. We trust that the Commission will do the same.

Sincerel y, WISCONSIN'S ENVIRONFENTAL DECADE, INC.

by  ;, y _.

KATilLEEN M. FALK General Coonsol cc: Gerald Charnoff, Esq.

Marian bbe , Esq.

Ellyn Weiss , Esq.

,