ML19337A457
| ML19337A457 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 09/09/1980 |
| From: | Jenny Murray NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Moody J WISCONSIN, STATE OF |
| Shared Package | |
| ML19337A455 | List: |
| References | |
| NUDOCS 8009290005 | |
| Download: ML19337A457 (1) | |
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fg NUCLEAR REGULATORY COT.'fdlSSION 3, y(, C g,
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September 9, 1980 The Honorable James Moody l!isconsin Senate State Capitol 1:adison,llisconsin 53702
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Dear Mr. Moody:
Your August 22, 1980 letter to Chairman Ahearne regarding your concerns on the Point Beach Unit 1 facility has been referred to me for response.
As you may be aware, the Coanission has referred a request by llisconsin's Environmental Decade for an adjudicatory hearing to an Atomic Safety and Licensing Board for. a determination of whether a hearing is required. As part of its adjudicatory functions, the Conmission may be called upon to.
participate in the review of the decisions and rulings of the Licensing Board in connection with the ongoing proceeding.
Since your letter deals with matters relevant to 1lisconsin's Environmental Decade's request, it would be inappropriate for the Contnission to concent on your letter at this time.
A copy of your letter and this response will be sent to the Atomic Safety and Licensing Board and all participants in the proceeding.
Sincerely,
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_ ' James P. Murray Director and Chief Counsel Rulemaking and Enforcement Division Office of Executive Legal Director t
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August 22, 1980 Mr. John F. Ahearn, Chairman U.S. Nuclear Regulatoly Comission Washington, D.C. 20555 Daar Mr. Ahearn:
h*e are writing to express our deep concern with the potential safety conse-quences from steam' generator tube degradation at Unit One of the Point Beach Nuclear Plant. Although at this point in time we are not prepared to take a position regarding the type of corrective action that may be necessary, tes-timony before the Senate Subcoamittee on Utilities has clearly shown that there is an urgent need for a full adjudicatory hearing on these safety issues.
Frankly, we consider it completely unacceptable for the Comission to have postponed hearings and resolution of this critical generic safety issue, rec-ognized by independent scientists, for so long.
With Point Beach having experienced the worst tube nipture in this country, and with it presently undergoing the worst rate of tub:. & gradation of any U.S. plant, it is impera-tive that hearings begin as soon as possible. A thorough investigation of the safety issues involved at Point Beach is only the first step toward solving the problem of generator tube degradation and the associated q rstion of liability for the cost of solving that problem.
Picase inform us of whatever action you take on this request and keep the Subconnittee abreast of continuing developments in this area.
Your consider-ation of this matter will be greatly appreciated.
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M9 JOE STROHL DAVID BERGE JAiES MOODY GL11R4\\N STATE SENA 0?
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September 9, 1980 The lionorable Wayne 11. L'ood State Representative llisconsin Legislature 34 liest State Capitol Madison, !!isconsin 53702
Dear Mr. Wood:
Your August 19, 1980 letter to the members of the Nuclear Regulatory Com.nission regarding a May 1980 decision of the Commission on the Point Beach Unit 1 facility has been referred to me for response.
As you are aware, the Ccmmission has referred a request by Wisconsin's Environmental Decade for an adjudicatory hearing to an Atomic Safety and Licensing Board for a determination of vhether a hearing is required. As part of its adjudicatory functions, the Comnission may be called upon to participate in the review of decisions and rulings of the Licensing Scard in connection with the ongoing proceeding.
Since your letter deals with matters relevant to !!isconsin's Environmental Decade's request, it would be inappropriate for the Commission to comment on your letter at this time.
A copy of your letter and this response will be sent to the Atomic Safety and Licensing Board and all participants in the proceeding.
Sincerely,
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lames P. Murray T,irector and Chief Counsel Ru'emaking and Enforcement Division Office of Executive Legal Eirector i
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Dear Commissioners:
I am writing to request the Commission to reconsider its decision of May 12, 1980, which excluded certain safety issues from the Atomic Safety and Licens-ing Board's investigation of tube degradation within the state's nuclear power plants.
Specifically, I urge the Commission to order a full scale adjudicatory hearing on the safety issues regarding steam generator tube degradation.
The possible effect of steam generator tube failure on the emergency core cooling system of nuclear reactors has been raised as a safety problem by the American Physical Society, independent study groups, and Commission staff beginning in 1976.
Yetnothing has been decided regarding this generic issue.
Documents filed with the Wisconsin Public Service Commission indicate that tube corrosion in one of the state's nuclear power plants near Point Beach is one of the worst cases of tube degradation of any of the nation's nuclear reactors.
Since August, 1979, a total of 400 steam generator tubes have re-quired plugging due to corrosion.
There have been serious questions posed as to whether the reactor core can be adequately cooled in the event of a loss-of-coolant accident, and this issue definitely deserves a thorough examination The problems and inconvenience that nuclear power plant shutdowns could have en utility companies is certainly not a concern that can be 'iscarded lightly.,
d In light of the Three Mile Island incident and the follow-up studies, however, the Commission must maintain an overriding concern to assure operational
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It is my sincere hope that the Commission will favorably respond to the rc~
l quest by Governor Lee Dreyfus, the Wisconsin Department of Justice, and myse]f and other lawmakers to order a full scale examination of the tube degradation problem by holding the adjudicatory hearing which the issue demands.
Sincerely, n 'E W.j1ht bf5 WAW WOOD U
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The Honorable Tom Loftus State Representative Wisconsin Legislature 327 1.'es t State Capitol Madison, Wisconsin 53702
Dear Mr. Loftus:
Your August 20, 1980 letter to the members of the fluclear Regulatory Comnission regarding a !;ay 1930 decision of the Comnission on the Point Beach Unit 1 facility has been referred to me for response.
As you are aware, the Comnission has referred a request by Wisconsin's Environr.; ental Decade for an adjudicatory hearing to an Atomic Safety and Licensing Board for a detennination of whether a hearing is required. As part of its adjudicatory functions, the Commi.ssion may be called upon to participate in the review of decisions and rulings ~ of the Licensing Board in connection with the ongoing proceeding. Since your letter deals with matters relevant to Wisconsin's Environmental Decade's re-quest it would be inappropriate for the Connission to comnent on your letter at this time.
A copy of your letter and this response will be sent to the Atomic Safety and Licensing Board and all participants in the proceeding.
j Sincerely,
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7 James P. Mu,rray Director and Chief Counsel -
Rulemaking and Enforcement Division Office of Executive Legal Director
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53702 Hudth Picnning Council August 20, 1980 Concissioner John F. Ahearne Conmissioner Victor Gilinski Comnissioner Joseph M. Hendrie Comtissioner Peter A. Bradford Cormissioner's Office Nuclear Regulatory Commission Washington, D. C.
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Dear Commissioners,
Faced with the primary role of assuring safety in the operation of nuclear po.ecred electrical generating facilities, I believe it is paramount that the Co mission imediately order a full scale adjudicatory hearing on the safety concerns resulting from steam generator tube degradation.
Beginning in August of 1979, Point Beach I, one of Wisconsin's nuclear power plants, began to experience mnaway corrosion of the facility's steam generator tubes.
According to doctnents filed with the Wisconsin Public Service Cohnission, 97 of the unit's 6,250 tubes required plugging due to corrosion on August 5, 1979. Four more required plugging several days later. But the worst corrosion occurred from October 5,1979 through August,1980. A total of 299 tubes became inoperable,
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'Ihe possible effect of steam generator tube failure on the emargency core cooling system of nuclear reactors has been a safety issue raised by NRC staff and in3cpendent studies for quite some time now. Yet nothing has been done.
'Ihe Comission's decision in May,19S0 to delegate the issue of tube degradation to an Atomic Safety and Licensing Board was also woefully inade-quate. By limiting the issues under investigation in such a manner to speci-fically exclude the very safety issues which were of concern, the Co=tission has effectively abdicated its responsibilities to assure safety in the operation of our state's nucicar por,eer plants.
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NRC lagust 20,1980 Page 2 Currently, the h'isconsin Department of Justice at the request of Governor Ice Drcyfus has joined in support of an adjudicatory hearing on these safety issues.
I urge the Comission to recensider its earlier order excluding these safety issues from any hearing, and to approve a rigorous and detailed examination of the tube degradation problem in the fonn of an adjudicatory hearing. Ele issue de.cands this becc.use of its seriousness.
Tie public deserves this because of its concems regarding the continued safe operation of nuclear power' d e
electrical generating plants in our state.
Sincerely, J i 0111 4 50 TG! IN S State Representative TL:sm cc: h'isconsin Environlental Decade i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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WISCONSIN ELECTRIC PWER COMPANY
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Docket No. 50-266 CO (Point Beach Nuclear Plant,
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Unit 1)
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(Hedification of License)
CERTIFICATE OF SERVICE I hereby certify that copies of VARIOUS LETTERS TO THE COMMISSION AND THE STAFF'S RESPONSE (Letters to Joseph Strohl, Dsvid Berger and James Moody, Wisconsin Senators and Tom Loftus and Wayne Wotd, Wisconsin Legislators from James Murray, Office of Executive Legal Director) in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in tf}e Nuclear Regulatory Commission's internal mail system this 12th day of September, 1980.
Herbert Grossman, Esq.*
Kathleen M. Falk, Esq.
Chairman Wisconsin's Environmental Decade, Inc.
Atomic Safety & Licensing Board 302 East Washington Avenue U. S. Nuclear Regulatory Commission Madison, Wisconsin 53703 Washington, D. C. 20555 Gerald Charnoff, F g.
J Dr. Richard F. Cole
- Shaw, Pittman, Potts & Trowbridge Atomic Safety & Licensing Board 1800 M Street, N. W.
U. S. Nuclear Regulatory Commission Washington, D. C. 20036 Washington, D. C. 20555 Wisconsin Electric Power Company Dr. J. Venn Leeds Attn: Mr. Sol Burnstein, Exec. V. Pres.
10807 Atwell 231 West Michigan Street Houston, Texas 77096 Milwaukee, Wisconsin 53201 Atomic Safety & Licensing Board Panel
- Patrick Walsh, Esq.
U. S. Nuclear Regulatory Commission Assistant Attorney General Washington, D. C. 20555 State of Wisconsin / Dept. of Justice 114 East, State Capitol Atomic Safety & Licensing Appeal Board
- Madison, Wisconsin 53702 U. S. Nuclear Regulatory Commission Washingotn, D. C. 20555 Docketing & Service Section*
Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D.C. 20555 Ric ar Hoefling' Counsel for NRC Sta