ML19330B588
| ML19330B588 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 07/29/1980 |
| From: | Lazo R Atomic Safety and Licensing Board Panel |
| To: | CAROLINA ENVIRONMENTAL STUDY GROUP |
| References | |
| ISSUANCES-OL, NUDOCS 8008050084 | |
| Download: ML19330B588 (4) | |
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C1 cccxnisa 73 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 5
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ATOMIC SAFETY AND LICENSING BOARD Robert M. Lazo, Esq., Chairman tt y Io Dr. Emmeth A. Luebke, Member Dr. Cadet H. Hand, Jr., Member
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In the Matter of
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DUKE POWER COMPANY
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Docket Nos. 50-369-OL
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50-370-OL (William B. McGuire Nuclear
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Station, Units 1 and 2)
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(July 29,1980)
MEMORANDUM AND ORDER An Initial Decision in the above-identified proceeding was issued by the Atomic Safety and Licensing Board (" Board") on April 18, 1979.
Duke Power Comoany (William B. McGuire Nuclear Station, Units 1 and 2), LBP-79-13, 9 NRC 489 (1979).
- Therein, the Board, on the basis of specific findings of fact and conclusions of law derived therefrom, ordered that the Director of the Office of Nuclear Reactor Regulation, upon' making requisite findings with respect to uncontested matters not embodied in the Initial Decision, was authorized to-issue operating licenses for the i
facilities.
9 NRC at pp. 547-8.
However, the Board stayed the effectiveness of the Initial Decision "until further order by the Board following the issuance of a supplement to the NRC Staff's Safety Evaluation Report ("SER") addressing the significance of any unresolved safety issues."
Id.
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a In May 1980, the NRC Stafi issued its Safety Evaluation Report Supplement No. 3 (SER, Supp. 3) addressing the significance of the unresolved generic safety issues as they relate to the McGuire facilities, Copies of the SER, Supp. 3 were furnished to members of the Licensing Board on June 19, 1980 and copies have been furnished to the parties.
Based upon issuance of SER, Supp. 3, Duke Power Company
(" Applicant") on May 30, 1980 filed a motion to terminate the stay of the Initial Decision.
That motion has been opposed by Intervenor, Carolina Environmental Study Group ("CESG") in a pleading filed on June 9, 1980 in which CESG asserts that matters being considered following the Three Mile Island, Unit 2 ("TMI-2")
accident raise unresolved safety issues that must be addressed in a further safety supplement before the stay ordered by the Board can be lifted.
On the same day CESG also filed a motion requesting the Board to reopen the McGuire operating license hearing to add six new contentions arising out of the TMI-2 accident.
In responses filed on July 9,1980 by the Applicant and on July 10, 1980 by the NRC Staff, both take the position that CESG has failed to meet the standards set forth for reopening 1
. the records in licensing proceedings.El We agree.
However, the Board has concluded that it should adopt the Staff's suggestion to provide CESG an opportunity to revise its motion to meet, if it can,the requirements for reopening a record and to reframe its contentions in accordance with the guidance recently provided by the Commission for taking TMI-2 related issues into account in operating license proceedings.2/
In their responses to CESG's motion to reopen the record, both the Applicant (pp. 8-11) and Staff (pp. 7-10) have correctly specified the criteria which would justify the granting of a motion to reopen this license proceeding.
There is no need to repeat here what they have said in their pleadings.
CESG should pay 1/ y order of June 27, 1980, the Board extended to July 7, 1980 B
the time for filing of Applicant's response to the instant motions.
By oral order of July 7,1980, the Board further extended Applicant's filing deadline until July 9, 1980.
This latter extension was based upon Applicant's representation that its 1
request was unopposed by either the NRC Staff or CESG.
j On June 19, 1980, the Board granted NRC Staff's request for an extension of time until July 10, 1980 to respond to both Duke's motion to lift the stay of the Initial Decision and CESG's motion to reopen the McGuire operating license record to consider TMI-2 related contentions.
Order, June 19, 1980.
2/ etropolitan Edison Company (Three Mile Island Nuclear Station, M
Unit 1), CL1-80-16,
__,NRC__ (May 16, 1980).
"Further Commission Guidance For Power Reactor Operating Licenses :
Statement of Policy" 45 Fed. Reg. 41738 (June 20, 1980).
..... close attention to such co=ments and guidance if it choses to revise its motion and to reframe its contentions in accordance with the opportunity.here provided.
CESG's motion to reopen is hereby denied.
However, CESG may within ten (10) days from the date of service of this Order file a revised motion and specify admissible contentions applicable to the McGuire operating license proceeding in accordance with the indicated requirements.
FOR THE ATOMIC SAFETY AND LICENSING BOARD R AA,rt. 6,r -
Robert M. Lazo, Chaigah Dated at Bethesda, Maryland this 29th day of July 1980.
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