ML19338F580
| ML19338F580 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 10/15/1980 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Dykes V AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8010200622 | |
| Download: ML19338F580 (3) | |
Text
-
y E
ffj\\f'1 i
. \\u,
/ d, Q' Mrs. Virginia B. Dykes 207 Stone Ridge Road Greer South Carolina 29651 In the Matter of DUKE POWER COMPANY
~(William B. McGuire Nuclear Station, Units 1 and 2)
Docket Nos. 50-369 and 54370
Dear Mrs. Dykes:
4 This-is in response to your letter of August 29, 1980 in which you expressed concern about the adequacy of tha containment at the McGuire facility and the fact that the time for intervention for public participation in the McGuire proceeding. expired on July 14, 1974.
As we stated to you in.our letter of August 20, 1980, a detailed review has been conducted by the NRC Staff, and extensive public hearings have been held with respect to Duke Power Canpeny's-application for operating licenses for the McGuire facility. The results of the Staff's review are contained i
in the Nuelear Regulatory Commission Staff's ("NRC Staff") Final Enviromental Statement related to the operation of William B. McGuire Nuclear Station, Units 1-and 2 ("FES") (NUREG-0063) (April 1976), in the NRC Staff's Safety Evaluation Report ("SER") (NUREG-0422). (March,1978), and in three (3) supplements,. to date, to the Safety Evaluation. Report. The supplements were issued in May 1978. March 1979, and May 1980, respectively. Copies of the FES, SER,'and SER supplements containing the Staff's report of its review of McGuire are enclosed.'
In regard to the matter of containment rupture in the event of a THI-2 type l
of accident, I~ have enclosed copies of Cannission materials which address your concern; i.e., " Proposed Interim Hydrogen Control Requirements for Small Containments,". SECY-84107 (February 22,1980); " Additional Infomation
-Re: Proposed Int rim Hydrogen Control Requirements," SECY-80-107-A (April 22,
'1980); " Additional Infomation Re: Proposed Interim Hydrogen Control Require-l ments," SECY-80-107-B (June 20,1980); " Degraded Cooling Rulemaking," SECY-80-357 l.
(July 29, 1980); and "SECY-84399 - Proposed Interim Amendments to 10 CFR Part 50 Related to Hydrogen Control and Certain Degraded Core Considerations"
.(September 3,1980). -
r In addition, with respect to the TMI-2 accident, and your concern about the McGuire facility, in my letter to you of August 20, I enclosed a copy of l
4 -
"Further Commission Guidance for Power Reactor Operating license; Statement of Policy." ("TMI ~2 Policy Statement"). 45 Fed. Reg. 41738-41741.(June 20,
)
??L
,a qu Omce)
..r....
suRN.M ).................
M' oarch N[h f NIC FORM 318 (9-76) NRCM O240
. DU.S. GOVERNMENT ' PRINTING OFFICE: 1979 289-369 j
n
.r------.
.n.
.----,-,-, -.-.. ~...
.-.-.......~.-.---,a
i,..
r Mrs.' Virginia B. Dykes
. i j
1980) (copy enclosed). As I pointed out, this document describes in detail the further procedures and supplemental requirements established by the Nuclear Regulatory Commission for reviewing nuclear power plants based on
- Comission requirements imposed as a result of TMI-2. The McGuire facility will be reviewed by the NRC Staff to insure full ompliance with each of these requirements. However, the TMI-2 Policy Statement also provides that no new THI-related contentions should be accepted by an Atomic Safety and j
Licensing Board absent a showing of good cause for failure to file within the time required and balancing of factors in 10 C.F.R. S 2.714(a)(1) where the time for filing contentions has expired in a given case. 45 Fed. Reg.,
E j
at 41470. Section 2.714(a)(1) of the Commission's Rules of Practice (copy enclosed) provides that a person may be admitted to participate in a proceeding after the time for filing has expired, if the following facters when balanced-j.
together favoi admission:
(1) good cause for failure to file on time; (2) whether other means are available to protect a petitioner's interest; 4
i (3) whether the ~ petitioner may. reasonably be expected to assist in-developing a sound record; l
(4) the extent to which the petitioner's interest may be represented by existing parties; 1
(5) the. extent to which petitioner's participation may be expected -
j to expand or delay the proceeding.
Please refer to the copy of 10 C.F.R. Part 2 of the Canission's Rules of 3
Practice, at 10 C.F.R. 5 2.714 for a complete description of the means available to the public ;erticipants for participation in Commission proceedings.
You should also' bear in mind' that in the McGuire proceading the evidentiary record has been closed. An Initial Decision-authorizing the issuance of operating li:enses for the McGuire facilities, although stayed on other grounds, has been issued. A copy of the Initial Decision was furnished by letter dated August 20,1980. As we pointed out to you :in our letter of August 20, under these circumstances the Commission's TMI-2 Policy Statement specifies clearly that "...when initial decisions have been issued, the
- record should not be reopened toitake evidence on some l?il related issues unless the party seeking reopening shows that there is significant new evidence, not included in tha record, that materially affects the decision."
45 Fed. Req. 41740.
Therefore, if-after reviewing the enclosed material you detlannine to request
?
a-hearing in this ' proceeding with respect to your concerns, you must comply l
with the requirements of:10 C.F.R.~ 2.714. outlined above (see also.the_
r
.9
.\\
omcc)................
..t.........
- s ~ 4...............
p orc >
- c..:......:.. c........
.mm 1
t
.O
'O 1
0 J
Mrs. Virginia B. Dykes
-3 related procedures'of 10 C.F.R. 2.102 a.d 10 C.F.R. 2.206 applicable to licenses), and the requirements of the Consission's THI Policy Statement.
. Any such petition should be filed with the Atomic Safety and Licensing Board (i.e., Robert M. Lazo, Esq., Chainnan, Atomic Safety and Licensing Board.
U.S. Nuclear Regulatory Ccanission, Washington 0.C. 20555).
If you have further questions regarding this etter, you may contact me at (301).492-7502.
Sincerely, f
i
. Y.
cSc e) f),,hdW
~~
Edward G. Ketchen Counsel for Nf!C Staff
Enclosures:
As stated cc w/o enclosure:
Robert M. Lazo. Esq., Chainnan Mr. Jesse L. Rihy Dr. Enneth A. Luebke Atomic Safety & Licensing Board Panel Dr. Cadet H. Hand, Jr., Director Atanic Safety & Licensing Appeal Panel J. Michaej McGarry, III Esq.
Secretary William L. Porter, Esq.
c 4
m s OFFICE h
.m
..Mw/rht au.-E>
...M
- Om >
[NIC ?ORM 318 (9 76) NRCM 0240 '
DU.S. GOVERNMENT PRINTING OFFICE: 1979 289 369
.,_..- _.