ML19337A079

Discusses 800808 Ltr Authorizing Restart & Alluding to Informal Understanding Between NRC & Licensee Re Future Insp.Expresses Belief That Action Thwarts Meaningful Public Participation

ML19337A079
Person / Time
Site:	Point Beach
Issue date:	08/26/1980
From:	Falk K WISCONSIN'S ENVIRONMENTAL DECADE
To:	Ahearne J, Gilinsky V, Hendrie J NRC COMMISSION (OCM)
References
NUDOCS 8009080348
Download: ML19337A079 (2)

Text

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d BOARD OF DIRECTORS .

srApp M seonne De%se.cwescn . N Prof. John Neess. m osscice Peter Anoerson thche4e Lsse Peter Nidersort pseuc usa #5 cacte RCf. George BeCher Prof. John Neoss Don KroR, scoamph sortoe l

Or Lrdo Blanchord thchord Presnes -

Kcthieen Folk. Esq omu cown Vr1 Cent Horness Nccios Secy. Eso '.

Stem imermon Noney $orce

, e Jocces Thomas von Aheo .

Dorothy Logerroos Vctorc Wctson JUGt'l LJncscy . Anne Vvetterg James WoNe -

302 East Washrignon Avernas. Mooson Waannen 53103 -

(606)25MO2O

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f A'ugust 26, 1980 A g DOCKEED The Honorable US E John F. Ahearne, Chairman

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Victor Gilinsky, Commissioner @

Joseph M. Hendrie, Commissioner h @ kW E Peter A. Bradford , Commissioner DM4 & hiu i

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U. S. Nuclear Regulatory Commission p.

l Washington, D. C. 20555 CD cp Re: Wisconsin Electric Power Company l

Docket 50-266 I

(Point Beach Nuclear Plant Unit 1)

Gentlemen:

We are writing to you in your legal role as the superintending authority over the Staff and as the persons politically respnsible for actions taken by Staff that adversely reflect on the Commission's credibility--all in connection with the Staff's ::ost recent handling of the steam generator tube

, degradation problem at Point Beach 1.

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l As you may recall, Point Beach 1 began experiencing the worst observed rate of steam generator tube degradation of any commercial. reactor in this country j in 7.ugust 1979. Since that time, the Staff has issued a series of orders that memorialized operational modificatic ris propsed by the Licensee, but which did not adopt more stringent measures tnat we had urged.

In accordance with the last o f these orders, the April'4', 'i980 'ModificationC of November 30, 1979 Order, Point Berich 1 was shut down for its 90 effectiv?-

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.

The Staff's earlier November 30, 1979 and January 3,1980, as well as the April 4, 1980, actions allowing restart after tube inspections had also been issued,.

in the form of orders that, more specifically: (1) required written approval from the Staff before returning to service after the next inspection and (2) offered the right of an ajudicatory hearing on the action to an aggrieved party. --

However, the Staff 's action following the July-August 1980 inspection _o.utag.e_

at Point Beach 1 marked an abrupt departure from this past practice that, we

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Hon. John F. Ahearne, Victory Gilinsky, Joseph Hendrie and Peter Bradford August 26, 1980 Page 2 believe, should be made known to the full Commission.

For this time, instead of issuing an order similar to the prior orders authorizing restart, requiring written approval before returning to service af ter the next inspection and offerin; the opportunity for an ajudicatory hearing, a letter dated August 8,1980 was issued authorizing restart, alluding to some informal understanding between Staff and Licensee about a future inspecuion and providing no written offer of an opportunity for an ajudicatory hearing.

M conversations.between ourselves and Staff, the Staff conceded that the parpose in changing the form of its action at this time was to attempt to eliminate the argument we had made following the prior orders that persons other than the Licensee had a.non-discretionary right to a hearing under the lu.:*s.of standing. . . .:

It is our considered opinion that this kind of action strongly implies that some of the Staff is deliberately acting to thwart meaningful and respnsible

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public participation by abusing ministerial authority over the legal-form'of the agency's orders.

..The Commission's own investigation in the aftermath of the accident at Three Mile Island 2 concluded that the agency's hearing procedures at that time were "a sham". Rogovin, Three Mile Island (1979) , at 139. Since that time the Commission has been on trial in the court of public opinion to determine if it will reform itself without the necessity of more drastic outside intervention.

You should, in our view, consider whether actions such as that most recently taken. by the Staff in. regard to Point Beach 1 will hinder the restoration of I

trust by the public in this agency.

Sincerely, WISCONSIN 'S EINIRONMENTAL DECADE, INC.

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KATHLEEN M. FAIK General Counsel KMF/mt cc: Karen Cyr Gerald Charnoff Patrick Walsh .

Ellyn Weiss l

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