ML19338D348
| ML19338D348 | |
| Person / Time | |
|---|---|
| Site: | Zimmer |
| Issue date: | 09/17/1980 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| ISSUANCES-OL, NUDOCS 8009220413 | |
| Download: ML19338D348 (4) | |
Text
,
- , p.
~
G t
u.
cccurED -
0)
[f;
-USNR0 D
SFf 8 500 > 3 kh8[gg '/
UNITED STATES'OF AMERICA-NUCLEAR REGULATORY-COMMISSION Smd ATOMIC SAFETY AND LICENSING BOARD 4 D
d' Charles Bechhoefer, Chairman Dr. Frank F. Hooper 8p Glenn O. Bright
/G59g In the~ Matter of CINCINNATI-GAS & ELECTRIC Docket No. 50 358: OL COMPANY, Er AL.
)
(William H. Zimmer Nuclear Station)
)
met 40RANDUM (September 17, 1980)
We have received copies of a letter dated August 18, 1980 from the Applicants to the Director, Division of Licensing, NRC, which expresses the hope that Staff review of the Zimmer appli-cation be completed as soon as possible and that hearings begin on the remaining issues to the extent possible at this time.
This view seems consistent with the schedulini!; philosophy which we outlined earlier in this proceeding--i.e., that hearings on particular issues be held as soon as it is appropriate to do so, taking into account such matters as the availability of information and the development of regulatory standards as a result of the Three Mile Island- (TMI) accident.
See, e.g. our Memorandum and-Order Concerning Motions to Postpone Evidentiary Hearing,cdated May' 11, 1979.
D.SO2
.5 l
ll0
[
seeeeno; gg3
-e.
i' s
12 -
L Of the matters -left for hearing in this proceeding, -it appears to'us-that early/ disposition of:the financial qualifi-cations issue might be feasible.
With that ht mind, we call on the Staff to advise _us whether it might.be prepared to. produce
~
thel financial qualifications supplement to the SER at a-time which would permit us to hold : hearings on that issue (if necessary) this fall or winter. -In that connection, we would expect that the-Staff would evaluate the following subjects, either in its SER Supplement'on financial qualifications, or
. throughftestimony or some other document entered into the record of this proceeding:
- 1.
the ability of the Applicants to-finance their respective shares of the costs of construction and
~
operation of items mandated ~as a result of the TMI aceident and not'previously-reviewed at the construc-tion permit stage (including-in particular the items-required by NUREG-0694 ("TMI-Related Requirements for New operating Licenses")', dated June 1980);1/
2.
the' ability of the Applicants toufund estimated
. operating costs for-the period of the license, plus the estimated-costs of-permanently shutting down the n
facility and maintaining it in a safe condition (see !
t
'10: CFR E 50.33(f) and Part 50,. Appendix C, I.B.); and' 1I ;See:also letter dated September 5, 19.80-from D. G. Eisenhut, Director, ~ Division of. Licensing, NRR, to "All *** Applicants for-Operating Licenses'***", concerning " Preliminary Clarifi-cation'of TMI Action Plan Requirements __.
M f
,g :q
.=:
7
.c-
.1
.. - 1
?
-3.-.the abilityfof the Applicants to withstand tbe costs of,I various contingencies, including extended shutdowns of-1
'the reactor caused either.by problems arising at the h
Zimmer reactor _(up.to a maximum of a TMI-type accident)-
or by. generic problems shnilar.to those which have arisen at existing reactors:and which have caused-
.j shutdowns at other reactors potentially subject-to
' tho se ' problems.
Recent Appeal Board decisions have also re-emphasized the
. obligation of Licensing Boards in operating license proceedings to-make findings concerning the resolution of unresolved generic issues applicable to the particular reactor, whether or not
_ the issues are the subject of contentions.
See, g.g., Northern States Power Co. (Monticello Nuclear Generating Plant, U it 1),
n ALAB-611, 12 NRC (September 3, 1980); Jersey Central Power,
&-Light-Co. (Oyster Creek Nuclear Generating Station),
ALAB-612, 12 NRC (September 5, 1980).
Consideration of these matters (if necessary) prior to the hearing of other contested issues might also b~e desirable.
WeLeall on the Staff to advise us of its best estimate for issuance of the SER supplement dealing with unresolved. generic issues.
-We request the Staff to provide us with the information 1 outlined in this Memorandum at its early convenience.
We would L
~
. -. -, J
~ ' "
- w. g.
y 4--
t be prepared to schedule a prehearing conference pursuant to 10 CET. E 2.752 : shortly after fissuance by the Staff of its financial qualifications supplement to the lSER (and our receipt from Dr. Fankhauser of the information called for.by our Memorandum and Order of August 20, 1980 (LBP-80-24) to enable us to determine whether to accept him-as a co-sponsor of
' Contention 13 (dealing with -financial qualifications)).
FOR THE ATOMIC SAFETY AND LICENSING BOARD As/w hn))v J
CharlesBechhoefer,Chdirman Dated at Bethesda, Maryland,
- this 17_th day of September ~1980.
4('
>