ML19331D727

Requests Permission to Suppl Wi Environ Decade Previous Filings Supporting Adjudicatory Hearing Re Petitioner Preliminary Contentions.Nrc Authorizes Facility Restart W/O Offer for Adjudicatory Hearing

ML19331D727
Person / Time
Site:	Point Beach
Issue date:	08/26/1980
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:	Cole R, Grossman H, Leeds J Atomic Safety and Licensing Board Panel
Shared Package
ML19331D728	List: ML19331D727 ML19331D732
References
NUDOCS 8009030498
Download: ML19331D727 (2)

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August 26, 1980 Mr. Herbert Grossman, Esq., Chairman Dr. Richard F. Cole, Member Dr. J. Vern Leeds! Member Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D.

C.

20555 Re: Wisconsin Electric Power Company i

Docket 50-266 (Point Beach Nuclear Plant Unit 1)

Gentl<: men :

This is to request permission to supplement our previous filings in support of an ajudicatory hearing on the matters ennumerated in Petitioner's Preliminary Cententions based upon new information not previously in existence.

In accordance with the Staff's April 4,1980 Modification of November 30, 1979 Crder, in the above-referenced proceeding, Point Beach 1 was shut down for its 90 effective-full-power-day inspection of steam generator tubes on July 25, 1980. The April 4 Modification had required written approval from the Staff before the unit was permitted to return to service, as had the prior orders.

'Ihe Staff 's !bvember 30, 1979, January 3,1980 and April 4, 1980 actions allowing restart had all been issued in the form of orders that, arong other things:

(1) required written approval from. Staff before returning to service after the following inspection and (2) offered the right of an ajudicatory hearing on the action to an age -ieved party.

However, the Staff's action following the July-August 1980 inspection outage at Point Beach 1 marked an abrupt departure from this past practice that, we believe is legally relevant to the question now before the Licensing Board.

For this time, instead of issuing an order similar to prior orders auth restart, requiring written approval before returning to service following the next inspection and offering the opportunity of an ajudicatory hearing, a letter dated

/O August 8,1980 was issued authorizing restart (a copy of which is attached), alluding to some informal understanding between Staff and Licensee about a future inspection BD.0.0 0 3 0 4 9 8

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NUCLEAR UNITED

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REGUL STATES 00cket No. 50-266 WA$MNGTON. DA COMM August

.C.20555 8, 1980 Mr

.Exe. Sol Burstein Wisconsin Electricutive Vice 231 West ent Milwaukee, Michigan Streetc Power Compan Wisconsin Dear Mr. Burstei 53201 n:

The NRC Unit No. staff has 1

Novemberdated Augus,t 5 steam ge reviewed the easons 30, 1979, 1980 results r

in of results stated in theOrder. accordances inspectio restriction acceptable attachedBased on the are with the Aprilwhich wa c

Plant, Unit Noon the r s st.

S results 4, 1980 and, thus,afety Evaluation of esumption We 1

it of is Orderwould like to operationnot necess port, w-and of remain in the January 3 emphasize that all the Point Bea effect in acco,rdance1980 Modification It is the 1980 our understanding that Utheir terms.the N with s to ns of for the Nos a

and e r fueling outage e

tubes,ddy curr nit 1 will be perform d.ent examination,s will provide the NRC and during that outbe that and schedule for, th e

of 100 percent of all within 15 Pursuant staff's servi review ese days to 10 age given to the un hydre of your CFR your proposed plsteam gen of 50.54 f)plu,gged modifying necessity of your program to ans t

we requ issuing an Order.hedulee insp If and sr you hive questions establish additionalconfi Fo llow.

any y

m on this subject, pleaserequire your Sincerely, contact us.

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Enclosure:

Safety Evaluatio Edson G Office. Case, Acting Dir n

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