ML19338D459
| ML19338D459 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 09/19/1980 |
| From: | Cyr K NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CO, NUDOCS 8009230255 | |
| Download: ML19338D459 (4) | |
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9/19/80 UNITED STATES OF AMERICA NUCLEAR REGULATORY COPEISSION
' BEFORE THE ATOMIC' SAFETY' AND LICENSING ~ BOARD In the Matter of.
WISCONSIN. ELECTRIC POWER COMPANY Docket No. 50-266 CO (P
ach Nuclear Plant, (ModificationofLicense)
- STAFF RESPONSE TO WISCONSIN'S ENVIRONMENTAL DECADE, INC. LETTER OF~ AUGUST 26, 1980 By letter dated Auaust 26, 1980 Wisconsin's Environmental Decade has again sought to supplement-.its position on a request for a hearina on the Confirmatory Order of November 30, 1979 issued to the Point Beach Nuclear Plant, Unit 1, this time by. reference to a _ letter from the NRC Staff involving the Point Beach facility. E The letter in question notified the licensee of the acceptability of certain test results related to stean generator tube integrity. Apparently based in part on conclusions drawn from conversations with some member of the NRC Staff, Decade contends that the August 8th notification, which was in the form of a letter j
rather than in the fonn of an " Order", was placed in that format so as to undercut the arguments made by Decade 'that persons other than the Licensee had a non-discretionary right to a hearing under the law of standing". Decade's letter at 2.
. Although the Staff doe not know to what statements by a member of the Staff Decade refers, the conclusions drawn by Decade are incorrect and its suggestion of impropriety on the part of the Staff is unwarranted.
Under the tems of an Order issued to Wisconsin Electric Company (licensee) on April 4. 1980, the licensee was. required to shut.down the Point Beach Unit 1 i
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Letter from Edson G. Case, Acting Director, NRR to Sol Burnstein, Wisconsin Electric Power Company, dated August 8,1980.
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' facility after 90 effective full power days of operation'and perfonn a series
- of. tests on the steam generator tu,bes.. That Order also provided that, following completion of the tests, the licensee was not to resume operation until the Director, Office of Nuclear Reactor Regulation (NRR), had determined in writing that-the results of the tests were acceptable.
In accordance with the April Order, the licensee' shut.down the Point Beach Unit I facility on July 25,1980 and conducted the prescribed tests. The results of those tests were submitted to the NRC Staff for review on August 6, 1980. Upon review of those.results, the Director concluded that the results were acceptable and so infonned the licensee by letter dated August 8,1980.
The' reason why nn Order was issued on August 8,1980 is that an Order was unnecessary for the action taken. 2l s we have previously explained (see NRC Staff A
Statement of Position, July 25,1980 at 7-8), the licensee already has authorization from the Comission to operate its. facility. Since the NRC had not rescin<ied that pre-existing authorization to operate, no authorization was necessary to enable the resumption of operation. All that was required under the terms of the April Order was written approval of the steam generator tube test results by the Director of NRR. $doreover, there was nothing in the terms of the April Order, or any of the Orders issued to Point Beach in this matter, which required the Director to reflect his written approval in the form of an " Order". Decade correctly notes that approval of the test results required by the November 30 Order was included in an 2]
Contrary'toDecade'ssta[ementin.itslettersconcerninghearingrightsofnon-slicensees, it.has never.been the position of the Staff that only licensees have
~ a right to hearings on enforcement actions. While'it is certainly true that
~
licensees 1are usually the persons who have an interest adversely affected by an enforcement action taken by the Comission, there could be circumstances in which persons other than the licensees may have interests.. adversely affected by an -
enforcement action. This 'would not normally be the case but it could occur. In call events,in the circumstances at issue in this case, Decade has-in no way been adversely affected by.the Order requiring acceptable' test results.
'I 1
h
o c Order (the April' 4,1980, in fact). However, this approval was included in an Order which was otherwise necessary for.the purpose of imposing additional conditions on'the Point Ee :h facility. The. test results approval could have as easily, and perhaps in hindsight, more appropriately, been given by means of a separate written comunication..The approval itself was not " ordered"; the additional conditions were ordered.-
Second, unlike the situations which existed in November 1979 and April 1980, no additional conditions.were deemed required in' August of 1980 for operation of the Point Beach facility. ' Review of the latest test ~results at that time by the Staff did not indicate any need for additional limitations on the operation of the facility in light of the licensee's intent to shut down in November for refueling and to again conduct tests of the steam generator tubes. E or these reasons, no F
order was issued.
In conclusion, the.NRC Staff did not " change its procedures" and thus admit that "its legal arguments against [ Decade's] right to a hearing are groundless",
as Decade alleges. Rather, the Staff did not issue an order on August 8 because no order was called for under the circumstances.
Respectfully su';mitted N b.
Karen D. Cyr Counsel for NRC Staff
Attachment:
8/22/80 Ltr t-Harold Denton, NRR from C. W. Fay, Wisconsin Electric Co.
Dated at Bethesda, Maryland this 19th day of Septenber, 1980.
'3/- -Confirmation of,that intention was required in the August 8th letter by the request'~for certain information pursuant to 10 CFF 50.54(f). The. licensee, by letter dated August 22,-1980 confirmed its plans to shut down in November 1980
'for refueling and ~ inspection of the steam generators, thus obviating ~the necessity -
- for any further ordered action. See Attachment 1. 'Had the licensee altered its plans a' further order by the Commission might have 'been ~necessary.
3:
UNITED STATES OF'AMERICAI NUCLEAR REGULATORY-COM ISSION BEFORE THE~ ATOMIC SAFETY AND LICENSING BOARD In.the Matter of
).
WICSONSIN ELECTRIC POWER COMPANY Docket'No. 50-266'C0 (PointfBeachNuclear. Plant,
)-
Unit-1)
. ).
- (Modification of License)
-CERTIFICATE OF SERVICE 4
I hereby certify that copies of STAFF RESPONSE TO WISCONSIN'S-ENVIRONMENTAL DECADE,
'INC. LETTER OF AUGUST 26, 1980 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 the Nuclear Regulatory Commission's internal mail system this 19th day of September, 1980.
Herbert Grossman, Esq.*
Kathleen M. Falk, Esq.
!Chainnan Wisconsin Environmental Decade Atomic Safety & Licensing Board 302 East Washington Avenue, Suite 205 U. _S. Nuclear Regulatory Comission Madison, Wisconsin 53703 Washington, D. C. 20555 Gerald Charnoff, Esq.
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 &LLicensing Appeal Board
- Madison, Wisconsin 53702 U. S. Nuclear Regulatory Commission Washington, D. C. 20555.-
Docketing &LService Section*
0ffice of the Secretary G
- U. S. Nuclear Regulatory Commission U.
-Washington, D. C. 20555 Ka'reh D. Cyr
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Counsel for NRC Staff
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Attachment.
. Wisconsin Electnc rasca couraur >
231 W. MICHIGAN, P.O. 80X 2046 MILWAUKEE. WI 53201 5
August 22, 1980 Mr.-Harold R. Denton,-Director Office of Nuclear Reactor Regulation U.
S. NUCLEAR REGULATORY COMMISSION
' Washington, D. C.
20555 Attention:
Mr. Robert Clark, Chief Operating Reactors Branch 3 Gentlemen:
DOCKET NO.,50-266 j
STEAM GENERATOR INSPECTION PROGRAM POINT-BEACH NUCLEAR PLANT, L'JIT 1
'Mr. Edson G. Case's letter dated August 8, 1980, permitted the resumption'of operation of the Point Beach Nuclear Plant Unit 1 following the shutdown ~of the unit on July 25, 1980, for steam generator hydrostatic testing and eddy current inspection.
The. letter requested that we. inform you of our plans and schedule for steam generator tube inspections during the November 1980 outage.
Our present plans are.to take Point Beach Unit 1 ou:
cf service.on November 7, 1980.
During this-outage we will conduct a 100 percent multifrequency eddy current inspection of all unplugged tubes:in both steam generators'up to the first support plate from the.-hot leg side.
A random sample of 3' percent of the tubes will be. inspected from the hot' leg side over their entire length.
Should you have any further questions regarding cur = steam generator tube' inspection' plans, please notify us.
Very trulv yours,
C. W.
Fay, Director Nuclear Power Depart.en:
Subscribed and sworn to before me This 22nd day of August, 1980.
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.MyE Comission : expires bf-5J Cecies ic:JMr. C.:F. Riederer (PSCW)
Mr. Peter Andersen (WED)
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Ms. Jean Estes-(LSCFSE)
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