ML19309H472

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Response to Inquiry Concerning D&D Plant Request That Environ & Site Suitability Hearings in Licensing Proceeding Be Reopened to Address Class 9 Accident Issue.Present Policy Precluding Class 9 Accident Consideration Being Reassessed
ML19309H472
Person / Time
Site: Black Fox
Issue date: 04/23/1980
From: Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Synar M
HOUSE OF REP.
Shared Package
ML19309H473 List:
References
NUDOCS 8005130328
Download: ML19309H472 (2)


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Docket Nos. STN 50-556 STN 50-557 The Honorable Mike Synar United States House of Representatives Washington, D. C.

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Dear Congressman Synar:

This is in response to your inquiry concerning a request by Don and Donna Plant of Stilwell, Oklahoma, that the environmental and site suitability hearings in the Black Fox Nuclear Station licensing proceeding be reopened to address the issue of Class 9 accidents. Mr. and Mrs. Plant were concerned because of the proximity of the proposed Black Fox Station to the City of Tulsa, Oklahoma.

The environmental and site suitability hearing which resulted in the issuance of a limited work authorization for the Black Fox Station was held in 1977 and 1978, and a decision was rendered by the presiding Atomic Safety and Licensing Board in 1978. This decision was appealed.

One of the issues on appeal was the question of whether Class 9 accidents should be considered in this pro-ceeding.

Enclosed for your information are the decision of the Atomic Safety and Licensing Appeal Board (Appeal Board) in connection with the appeal (ALAB-573, December 1979, Enclosure 1) and a recent Memorandum and Order of the Commissioners modifying that Appeal Board decision (CLI-80-8, March 21, 1980, Enclosure 2), along with a copy of an earlier Commission decision dis-cussed in the Appeal Board decision and in the Commission's Memorandum and Order (Offshore Power Systems, September 14, 1979, Enclosure 3).

As indicated in Enclosure 2, the Comission has reviewed the specific question of whether Black Fox should be reopened to consider Class 9 accidents and has decided that a case-by-case approach to the Class 9 question is not desirable, in the absence of exceptional circumstances.

In the same decision, however, the Commission indicates that it has before it a staff proposal concerning resolution of this issue on a more general basis by an overall Commission policy statement.

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The Honorable Mike Synar Thus, although the Comission's present policy precludes consideration of Class 9 accidents (unless there are exceptional circumstances), this policy is presently under reassessment by the Comission. We cannot speculate about how such reassessment will affect the Black Fox proceeding.

Sincerely, William J. Dircks Acting Executive Director for Operations Enclosures as stated Internal Distribution: (w/o enci)

SECY 80-0612 EDO 08661 W. Dircks OCA t

H. Den on J. Cook D. Davis J. Tourtellotte E. Christenbury J. Scinto (w/ encl)

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