ML19331B974

Opposes HR Denton 800710 Memo Requesting That Commission Incorporate Intervenors Wi Environ Decade 800329 Request for Hearing W/Prior Requests.Nrc 800512 Order Will Exclude Consideration of Safety Issues from Prior Requests

ML19331B974
Person / Time
Site:	Point Beach
Issue date:	07/26/1980
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML19331B975	List: ML19331B974 ML19331B976
References
ISSUANCES-CO, NUDOCS 8008130648
Download: ML19331B974 (2)

Text

. - . _ -- -

o .

i

• .'  : .4 ,,..w . .. L..

80AAD OF DIRECTORS STAFF M Jecrrie CeQose, cm25c,4 . b Prof. John Neess, DECW DGEc'oe peter Anderson Peter Anderson, mE usus escin

% % Lsse .

~

PrCf. George Becker Prof. ,'cPt1 Neess  ;. Ocn M N p oe Cr Linco Bicnchcrd Glencro Presned h ,

KCthl,een Fok, Esc., Gec,w cowa vricent Horess Nichcics Secy. Eso W N . .. . '

Sheryt 1mermon Noney Sorce . . .

Heen Jccces Thomcs Von ANec .- '$..~_~.

Cocfhy Logerrocs Vctoric Wotscn  ; l JuOth Lricscy Anne Wer1oerg O 4 Jarres Wofe O

, ,:s h w n s.r A.,4... . w :e n. m,< < w ' B ]J

- _ M. -

g} JUL 311980 ,, 2 j July 26, 1980 )

i k w d I 1

m t.n a )

Mr. Samuel J. hilk, Secretary / Idd \

U. S. Nuclear Pagulatory Comission Washington, D. C. 20555 l Re: Point Beach Nuclear Plant Unit 1 Docket 50-266

Dear Mr. Chilk:

Reference is made to Mr. Denton's memoran-ium to you, dated July 10, 1980, and received in this office on July 21, 1980, in which he requests the Commission to incorporate our request for hearing dated May 29, 1980, to the Atomic i Safety and I.icensing Board with our prior requests for hearing.

This is to state our opposition to Mr. Denton's request on the following ,

grounds.

Under the Commission's May 12, 1980, order, rhe principles setd orth in the Marble Hill case will limit consideration of our prior requests for hearings such as to exclude all significant safety issues. That order, it is important to note, was entered with a bare three-to-two majority of l the Commission existing at that time. Subsequently, the term of one of the '

Commissioners in the majority has expired and a new Commission now sits.

For these reasons, we believe that it is appropriate for the Commission i to consider the issues we seek to raise anew, at least insofar as our rest recent May 29 request for hearing is concerned. Summary referral without such consideration would clearly act to prevent the new Comission from exercising i its will. .

l Therefore, we respectfully request that you provide the Commissioner's  !

with the three documents which our May 29 request for hearing incorporates by reference and present the matter to the Commission for detailed consideration.

In the event the Commission has already adversely dealt with this matter prior to your receipt of this letter, we respectfully request reconsideration w cc o.x-S 0 0 % i~$6 C n b

Mr. Samuel J. Chilk July 26,1980 Page 2 ,

on the grounds that the Staff improperly delayed service of its July 10 memorandum on us until eleven days later. It should be noted that we have previously objected to the Staff's failure to serve us with pertinent documents to no avail. See, our letters dated February 11 and 26 and April 26, 1980, and Staff's . letter da *1 April 21,1980, copies of which are attached.

Sincerely, WISCONSIN'S ENVIRONMENTAL DECADE, INC.

bY ~?, j h.*ilc n N?<kQ/ ,~

KATHLEEN M. FALK Genert.1 Counsel KMF/st Enclosures (4) cc: Gerald Charnoff, Esq.

Ellyn R. Weiss, Esq.

G

, - an --

• ,3e . - q~.

-.O'.. wd v:,4f

.w a =.

< t.

igCO \ _ _

,4ew -

Februa ry 11, 1980 U. S. Nuclear kgulatory Commission Washington, D. C 20555 -

Ra: Point Beach Nuclear Plant Unit 1 Docket 50-266 (Steam Generator Tube Facter)

Centlemen:

This is to ra$se four matters in the abovo-referenced proceeding.

Firs t_, we note that, notwithstanding the fact that we are to receive all pertincut documents in the above-matter, and have been repeatedly assured by the Commission Staff that we wpuid, no copy of the Cocaission's Order Modifying Confirmatory Order of November 30, 1979, dated January 3,1980, was duly served on us. Only later af ter I heard indirectly that some action has been taken and called several Commission Staff members to specifically request service of the document, was a copy finally sent to md under cover of a transmittal letter dated January 24, 1980, and roccived in my office on January 28, 1980. Thus, I did not roccive the order until five days af ter the twenty days permitted to request a hearing had > spired.

Second, uc notu that the requested reduction in primary pressure was approved in the above-mentioned ordce without first acknowledging or acting upon our Petiti,on f or Leave to Intervene and Petition for llearint;, dated November 26, 19 79, on the licensee's request for approval of primary pressure reduction, and that no acknowledge:2nc or action has been taken on it through the presen't.

Third, we note that no acknowledgement has been made nor action taken on our Request for Hearing on Confirmatory Order, dated December 17, 1979, through the pecsont.

Fourth, we note that no copy of the licensec's December 9,1979, Iceter to the of fice of Muclear Reactor Ragulation was served upon us, and that we unty received a copy of said lutter indirectly last week. This is to formally request l that we be informed in writing as to the impact of the letter as either interpreting or modifying the Commission's November 30, 1979 Confirmatory Order. If so, plaase specifically state in writing how it does so.

Sincerely, .

WISCONSIN'S ENVIRONMENTAI. DECADE, INC. ,

i dI N

by' ( W m,yQ- , of V KATHLEEN M. FALK r GenerJ1 Counsel

[

cc:Cerald Charno ff, El' lyn Weiss, Charles Trammell

p *:: N f]  ??M

~

'.'kn r.: f.a Un  : } J( N:":

s. :. .. .- n Qat ?

GOO 5Q - -

e sc  %$*w -

February 26, 1980 ,

Mr. Harold R. Denton, Director O(fice of Nuclear Paactor Regulation U. S. Nuclear Regulatory Commission Washington, D.,C. 20555 Re: Point Beach Nuclear Plant esits 1 c. 2 Dockets 50-266 and 50-301 Centiemen:

By letter dated February 11, 1980, to the Com:aission, we noted that we were not being served with pertinent documents by either the. haff or by the licensee in the alevo-referenced matter, notwithstanding our entitlemen to receive them and repeated assurances by Staff that we would.

We have now just becomo aware indirectly of another ex parte letter from the licensee to URR, dated January 31, 1980, not served upon us. This relates to a requested license amendment to reduce primary pressuru in regard to which we have formally petitioned for a hearing in a Pstitf.on for Leave to Intervene and Petition for IIearing dated November 26, 1979.

mis is to ruquest that .the Commission enforce its ex parte.: rules against the licensee and institute specific procedures to insure that future c_E, parte documents are not considered. 3 At the same timo, we trust that the Com nission will not rule on the licensee's request for pressure reduction in thit 2 prior to acting on our November 26 petition which contested the request, as it improperly did for tait 1.

Sincerely, WISCONSIN'S ENVIRCNMENTAL DECACE, INC.

by KATHLEEN M. FALK General Coun se' , f' j' I

(

' ~~

l .

l I cc: Gerald Ciarnoff .

Ellyn Weiss

-m .

_ O <=> O m

4 Qg, f, ...,,0,,

g asemE0.m2UNITED STATES NUCLEAR REGULATORY COMMISSION l

.s WASHINGTON. D. C. 20655

%...../ *.

April 21,1980 Kathleen M. Falk, Esq. .

Wisconsin's Environmental Decade, Inc. .

302 Washington Avenue Madison, Wisconsin 53703 In the Matter of Wisconsin Electric Power Company (Point Beach Nuclear Plant, Units 1&2)

Docket No. 50-266 & 50-301 .

Dear Ms. Falk:

This is in reference to the correspondence concerning the service of papers pertaining to the steam generator cuestion at the Point Beach Nuclear Plant, Units 1 and 2.

The Staff will continue to serve Decade with all papers filed by the Staff

' in either of these dockets pertaining to the steam generator matter.

As a result of your letters I have spoken to Mr. Charnoff. He has assured me that Wisconsin Electric Company will continue to serve Decade with all papers transmitted to the Comission, including papers sent to Region III, pertaining to the steam generator matter.

I trust that this will resolve any prior problems related to service of papers.

4 Sir.cerely, t j.! h

-6^ ~ W

.- James Lieberman Counsel for NRC Staff cc: Gerald Charnoff, Esq.

Marica Moe, Esq.

Ellyn Weiss, Esq.

jj w

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