ML19332E826

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Responds to Forwarding Constituent B Brink Request for Opportunity for Citizens for Fair Util Regulation to Appear at Commission Meeting.Request Denied by Chilk ,Per Stated Reasons
ML19332E826
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 12/01/1989
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Bentsen L
SENATE
Shared Package
ML19332E827 List:
References
CCS, NUDOCS 8912130029
Download: ML19332E826 (12)


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UNITED STATES i

NUCLEAR REGULATORY COMMISSION l

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i The Honorable Lloyd Bentsen United States Senator 961 Federal Building Austin, Texas 78701

Dear Senator Bentsen:

I am responding to your letter of October 23, 1989, in which you forwarded an opportunity for the Citizens for Fair Utility Regulation (CFUR) quested a letter from Mrs. Betty Brink of Fort Worth Texas. Mrs. Brink re to appear at a Comission meeting. This meeting was held on October 19, 1989, several days before we received your letter.

The Comission denied CFUR's request to appear at this meeting, which was a status briefing on the Comanche Peak plant. On October 16, 1989, Mr. Samuel Chilk, Secretary to the Comission, informed Mrs. Brink of the following:

j The Comission had denied her request to speak at the meeting. The Comission felt that it was already aware of her concerns as a result of CFUR's request to be reinstated as a party to the licensing proceedings.

CFUR's status was before the courts and the Commission would await the court's decision. However, the Comission did grant the request from Citizens Association for Sound Energy (CASE) to speak at the meeting because of their participation as a member of Comanche Peak's Operations Review Comittee.

The meeting was informational in nature.

No vote would be taken.

The purpose of the meeting was to inform the Comission of the status of Comanche Peak. TU Electric and the NRC staff would not discuss the merits of the technical issues raised by CFUR's stay request.

The meeting was a public meeting and CFUR members were welcome to attend.

If she provided him a written statement prior to the meeting, he would ensure that a copy would be provided to each Comissioner.

Mrs. Brink was provided with a verbatim transcript of the Comission meeting.

CFUR also filed a request for stay on October 16, 1989, in anticipation of the imediate issuance of a license authorizing fuel loading and low-power operation at Comanche Peak. The Comission also denied that request because the Comission was not the appropriate body to act on such a request. However, in view of the unique circumstances, the Commission directed the NRC staff to address CFUR's concerns according to the Comission's established procedures for handling allegations. We have enclosed the Comission's order. along with a letter to CFUR from the NRC staff acknowledging receipt of the " allegations."

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s The Honorable Lloyd Bentsen <

In a related matter, an Operational Readiness Assessment Team inspection was conducted at Comanche Peak on October 16-27, 1989 to assess the plant readiness for operation. The team concluded that the plant is not ready to receive a license principally because (1) construction and testing are not sufficiently complete to assess whether the plant can be safely operated. (2) the operating staff has not adequately assumed responsibility for the systems and areas under operational control, and (3) the operating staff has not fully implemented the programs and procedures that would preclude their resolved weaknesses in those programs and procedures that would preclude their effective implementation.

itshouldbenotedthatTexasUtilities(TV)hasnotyetrequestedenoperating license. The team will resume the operational readiness inspection when TU Electric informs the NRC staff that these issues have been resolved and they have determined that the plant is ready to operate.

We hope that this information is responsive to your request.

Sincerely,

/

.:1 Jfmes M. Tay1 cting Executive Director for Operations

Enclosures:

1.

Connission Order Denying CFUR's Request for Stay dated 10/19/89 2.

NRC Staff Letter to CFUR dated 10/27/89

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-l DISTRIBUTION: (w/oenclosures)

Docket. File (50445/446)

NRC PDR Local PDR EDO Reading ADSPReading(EDO.4883)

CPPD Reading JMTaylor JBlaha HThompson DCrutchfield TQuay CGrimes JLyons RWarnick JHWilson MMalloy MFields Congressional Affairs JG11111and, RIV/PA RMartin, Region IV JScinto, OGC TMurley JGPartlow FG111espie DMossburg(EDO.4883)

SECY(891204)

'DMorris(E004883)

  • See previous concurrence l

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DATE :11/07/89

11/08/89
11/08/89
11/16/89
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11///89
41/ I /89 0FFICIAL RECORD COPY l

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M, The Honorable Lloyd Bentsen United States Senator 961 Federal Building Austin, Texas 78701

Dear Senator Bentsen:

I am responding to your let er of October 23, 1989, in which you forwarded Mrs. Brink re a letter from Mrs. Detty Bri k of Fort Worth, Texas.

s for Fair Utility Regulation (CFUR) quested an opportunity for the Citiz to appear at a Comission meeting. Thi meeting was held on October 19, 1989, scveral days before we received your 1 tter.

The Comission denied CFUR's re uest to appear at this meeting, which was a status briefing on the Comanche eak plant. On October 16, 1989, Mr. Samuel Chilk, Secretary to the Comissi n, informed Mrs. Brink of the following:

The Comission has denied her request to speak at the meeting. The Comission felt that it was already aware of her concerns as a result of CFUR's request to be reinstatied as a party to the licensing proceedings.

CFUR'sstatuswasbeforethepourtsandtheCommissionwouldwaitforthe court's decision.

However, the Comission did grant CASE's request to speak at the meeting because their participation as a member of the Operations Review Comittee.

The meeting was informational n nature.

No vote would be taken.

The purpose of the meeting was jto inform the Comission of the status of Comanche Peak. TV Electric:and the NRC staff would not discuss the merits of the technical issues! raised by CFUR's stay request.

The meeting was a public meeting and CFUR members were welcome to attend.

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If she provided him a written statement prior to the meeting, he would ensure copies are provided to each Comissioner.

I CFUR also filed a request for stay on October 16, 1989, in anticipation of the immediate issuance of a license authorizing fuel loading and low-power operation at Comanche Peak. The Comission also denied that request because the Comission was not the appropriate body to act on such a request. However, in view of the i

unique circumstances, the Comission directed the NRC staff to address CFUR's concerns according to the Comission's established procedures for handling I

allegations. We have enclosed the Comission's order, along with a letter to CFUR from the NRC staff acknowledging receipt of the " allegations."

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4 The Honorable Lloyd Bentsen.

In a related matter, n Operational Readiness Assessment Team inspection was conducted at Comanche,eak on October 16-27, 1989 to assess the plant readiness for operation. The teaq concluded that the plant is not ready to receive a license principally becayse (1) construction and testing are not sufficiently staff has not adequately a( the plant can be safely operated. (2) the operating complete to assess whethe s;med responsibility for the systems and areas under operational control, nd (3) the operating staff has not fully implemented the programs and procedures hat would preclude their resolved weaknesses in i

those programs and procedures \\that would preclude their effective implementation.

ItshouldbenotedthatTexasytilities(TV)hasnotyetrequestedanoperating license. The team will resume the operational readiness inspection when TU Electric informs the NRC staff t at these issues have been resolved and they have determined that the plant is ready to operate.

We hope that this information is res onsive to your request.

Sincerely, James M. Taylor Acting (xecutiveDirector forOpgrations

Enclosures:

1.

Commission Order Denying CFUR's Request for Stay dated 10/19/89 2.

NRC Staff Letter to CFUR dated 10/27/89

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DISTRIBUTION: (w/o enclosures)

DocketFile(50445/446)

NRC PDR Local PDR EDO Reading ADSPReading(EDO.4883)

CPPD Reading l

-JMTaylor JBlaha

.HThompson DCrutchfield TQuay i

CGrimes JLyons RWarnick JHWilson MMalloy MFields i

Congressional Affairs JG11111and,RIV/PA RMartin, Region IV JScinto, OGC

.TMurley t

JGPartlow FGillespie DNossburg(EDO.4883)

SECY(89-1204)

DMorris(EDO.4883) r

  • See previous concurrence t

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11/08/89
11/08/89
11/16/89
11/ /89
11/ /89 OFFICIAL RECORD COPY

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The Honorable I.loyd Bentsen

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United States Senator

'961 Federal Building

'1 Austin, Texas.78701

Dear Senator Bentsen:

I am responding to your letter of October 23, 1989, a letter from Mrs. Betty Brink of Fort Worth Texas.Jn which you forwarded anopportunityforthecitizensforFairUtilityRegulation(CFUR) quested Mrs. Brink re to appear i

at a Comission meeting. This meeting was held on October 19, 1989, several days before we received your letter.

i ear at this meeting, which was a I

The Commission denied CFUR's request to app / CFUR also filed a request for status briefing on the Comanche Peak plant stay on October 16, 1989, in anticipationjef the imediate issuance of a licenseauthorizingfuelloadingandloppoweroperationatComanchePeak.

The Comission also denied that request because the Comission was not the appropriate body to act on such a request. However, in view of the unique i

circumstances, the Comission directed the NRC staff to address CFUR's concerns according to the Comission's established procedures for handling allegations, We have enclosed the Comission's/ order, along with a letter to CFUR from the NRC staff acknowledging receipt of the " allegations."

/

1 In a related matter, an Operational Readiness Assessment Team inspection was conducted at Comanche Peak on' October 16-27, 1989 to assess the plant readiness i

for operation. The team coricluded that the plant'is not ready to receive a licenseprincipallybecause(1)constructionandtestingarenotsufficiently complete to assess whether the plant can be safely operated, (2) the operating i

staff has not adequately' assumed responsibility for the systems and areas under operational control, and (3) the operating staff has not fully implemented i

the programs and procedures that would preclude their resolved weaknesses in those programs and procedures that would preclude their effective implementation.

It should be notedethat Texas Utilities (TV) has not yet requested an operating license. The team will resume the operational readiness inspection when TV i

Electric informs'the NRC staff that these issues have been resolved and they have determined that the plant-is ready to operate.

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-The Honorable Lloyd Bentsen

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We hope that this information is responsive to your request.

Sincerely, James M.~ Taylor Acting Executive Director for Operations b

Enclosures:

i.

1.-

Commission Order Denying -

CFUR's Request for Stay dated 10/19/89

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2.-

NRC Staff Letter to CFUR dated 10/27/89 DISTRIBUTION: (w/oenclosures) i Docketfile(50-445/446) l NRC PDR i

' Local PDR EDO Reading l

ADSPReading(EDO.4883).

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CPPD Reading JMTaylor JBlaha HThompson l

1.DCrutchfield

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i TQuay

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CGrimes

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JLyons

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RWarnick

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MFields n-Congressional Affairs l5 JG11111and,sRIV/PA RMartin, Region IV JScinto, 0GC TMurley JGPartlow

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FGillespie DMossburg(EDO.4883)

SECY(891204)

DMorris(EDO.4883)

  • For previous' concurrences, see attached ORC OFC INRR:CPPD*
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TECH EDITOR *:NRI :pIR
EDO
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11/08/89
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UtPICIAL RLUUMD CUPY Document Name: 'BENTSEN LETTER

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h The Honorable Lloyd Bentsen United States Senator l

961 Federal Building

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Austin, Texas 78701

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Dear Senator Bentsen:

I am responding to your letter of October 23, 1989, which forwarded a letter

.you received from Mrs. Betty Brink of Fort Worth, Texas [ ion (CFU Mrs. Brink requests an opportunity for the Citizens for Fair Utility Regulat at a Comission aceting which was held on October 1 /'1989, to make a presen-r tation and ask questions.

l The Comission denied CFUR's request to appear a the aforementioned status

. briefing. CFUR also filed a Request for Stay pn October 16, 1989.in antic-ipation of the immediate issuance of a licenr4 authorizing fuel loading and low-power operation. The Comission also dpfiied that request because the Comission was not the appropriate body to/act on such a request. However, in view of the unique circumstances, the omission directed the NRC staff to address CFUR's concerns following thy Comission's established procedures for handling allegations. We have enclosed the Comission's order, along with a letter to CFUR from the NRC s ff acknowledging receipt of the

" allegations."

Inarelatedmatter,anOperationaiReadinessAssessmentTeaminspectionwas 7

conducted at Comanche. Peak on 0qtober 16-27, 1989. The team concluded that although TV Electric has not yet requested an operating license, the plant Is not ready to receive a license' principally because (1) construction and testing are not sufficientlyf;omplete to assess whether the plant can be safely i

o)erated, (2):the operating / staff has not adequately assumed responsibility for t1e systems and' areas undef operational control, and (3) the operating staff has not fully implemented /the programs and procedures for plant operation or resolved weaknesses in those programs and procedures which would preclude their effective implementatiori. The team will resume the operational readiness inspection when TU Electric informs the NRC staff that these issues have been resolved and they have determined that the plant is ready to operate.

Wehopethatthisjiformationisresponsivetoyourrequest.

/

/

Sincerely,

/

James M. Taylor

/

/

Acting Executive Director

/

for Operations

/

Enclosures

  • 1.

Comission Order Denying CFUR's Request for Stay Dated 10/19/89 2.

NRC Staff Letter to CFUR

-Dated 10/27/89 Distribution See next page D:CPPD:Hl $

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/M TECH EDITOR D:NRR EDO C1 Grimes:P DMC tchfield TEMurley JMTaylor 11/' /89 11/ /89 11/ /89 11/ /89 11/ /89 i

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The Honcreble Lloyd Centsen United States Senator 961 federal Building Austin, Texas 78701

Dear Senator Bentsen:

I am responding to your letter of October 23, 1989, in which you forwarded a tN1etter from Mrs. Betty Brink of fort Worth, Texas. Mrs. Brink requested an oppo-tunity for the Citizens for fair Utility Regulation (CfUR) to appear at\\a Connission meeting. This meeting was held on October 19, 1989, several days before we received your letter.

The \\ Commission denied CFUR's request to appear at this meeting, which was a status briefing on the Comanche Peak plant. CfUR also filed a request for stay on Octobst 16, 1989, in anticipation of the immediate issuance of a license authorizing fuel loading and low-power operation at Comancho Peak. The Consission also denied that request because the Commission was not the appropriate body to

\\

act on such a request. However, in view of the unique circumstances, the s

Commission dirqcted the NRC staff to address CfUR's concerns according to the Comission's established procedures for handling allegations. We have enclosed the Comission'syrder, along with a letter to CFUR from the NRC staf f acknowl-edging receipt of1 he " allegations."

In a related matter, n Operational Readiness Assessment Team inspection was conducted at Comancheyeak on October 16-27, 1989.

The team concluded that although Texas Utilitiet (TV) has not yet requested an operating license, the plant is not ready to reteive a license principally because (1) construction and testing are not sufficient y complete to assess whether the plant can be safely operated,(2)theoperatin staff has not adequately assumed responsibility for the systems and areas under perationalcontrol,and(3)theoperatingstaff i

hasnotfullyimplementedtheirogramsandproceduresforplantoperationor resolved weaknesses in those programs and procedures that would preclude their effective implementation. The them will resume the operational readiness inspection when TV Electric infornis< the NRC staff that these issues have been resolved and they have determined th the plant is ready to operate.

We hope that this information is respon ive to your request.

SincerJy,

\\

James M. Ifylor Acting Executive Director for Operations

Enclosures:

1.

Commission order denying CFUR's request for stay, dated 10/19/89 2.

NRC staff letter to CFUR, dated 10/27/89 s

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V Distribution See next page SEE PREVIOUS CONCURRENCE PAGE*

D:CPPD:NRR-ADSP:NRR TECH EDITOR D:NRR EDO I

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EDO Princloal Correspondence Control 4

FROM:

DUE: 11/20/89 EDO CONTROL: 0004883 DOC DT 10/23/89 i

FINAL REPLY:

Sen. Lloyd Bentsen l

- TO:

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D nnis Rathbun, OCA FOR SIGNATURE OF:

    • GRN
  • 4 CRC NO: B?-1204 1

Exccutive Director DESC:

RDUTING:

f ENCLOSES CORRESPONDENCE FROM DETTY DRINK, RMartin, RIV CITIZENS FOR FAIR UTILITY REGULATION CONCERNING Scinto, OGC LICENSING OF COMANCHE PEAK j

DA1E 11/06/09

-- ASSIGNED TO:

CONTACT:-

NRR Murley N

SPECIAL INSTRUCTIONS OR REMARKS:

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.NRR RECEIVED: NOV. 6. 1989 i

ACTION:

ADWhCRUTCIFIELDM*

1 NRR ROUTING:

MURLEY/SNIEZEK i

MIRAGLIA PARTLOW GILLESPIE MOSSBURG ACTION DUE TO NRR D!RECTORi i

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r OFFICE OF THE SECRETARY CORRESPONDENCE CONTROL TICKET

' PAPER NUMBER:

CRC-89-1204 LOGGING DATE: Nov 3 89 L

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ACTION OFFICE:

EDO AUTHOR:

Lloyd Bentsen--Const Ref AFFILIATION:

UNITED STATES SENATE l

LETTER DATE:

Oct 23 89 FILE CODE: ID&R-5 Comanche Peak

SUBJECT:

Licensing of the Comanche Peak power plant ACTION:

Direct Reply DISTRIBUTION:

OCA to Ack, DSB GPECIAL HANDLING: None-NOTES:

Betty Brink DATE DUE:

Nov $ 89 SIGNATURE:

DATE SIGNED:

AFFILIATION:

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