ML19340D089
| ML19340D089 | |
| Person / Time | |
|---|---|
| Site: | Trojan File:Portland General Electric icon.png |
| Issue date: | 12/18/1980 |
| From: | Axelrad M LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Buck J, Johnson W, Rosenthal A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| References | |
| TAC-13152, NUDOCS 8012290048 | |
| Download: ML19340D089 (9) | |
Text
9 Law CFFfCE4 LOWENSTEIN, NEWMAN, RErs & AXELEAD so2s CON N ECTtCUT AVEN U E, N. W eoscot 6 eat =s tm W AS Mt N GTON, D. C. 2003 6 o
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Alan S. Rosenthal, Esq., Chairman Dr. John H. Buck Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board-U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D.
C.
20555 Washington, D. C.
20555 Dr. W. Reed Johnson Atomic Safety and Licensing Appeal Board U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Re:
Portland General Electric Company, et al.
(Trojan Nuclear Plant)
Docket No. 50-344 i
(Control Building Proceeding) j f
Gentlemen:
In accordance with 10 CFR S 2.759, which encourages the settlement of disputed matters among contesting parties, the State of Oregon, the NRC Staff and the Licensee have reached agreement concerning the only contested matter in this proceeding pending on appeal before this Appeal Board, as reflected in the attached Stipulation and Motion Concerning Accelerated Reporting Requirements (the " Stipulation").
Oregon and the NRC Staff have authorized Licensee to file this
~
letter with the Appeal Board on behalf'of all three parties, together with the attached unexecuted copy of the agreed-upon Stipulation.
The Stipulation is currently being circulated among the three parties for signature, and the resulting fully executed copy will be filed promptly.
9 5&
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' 0111,q 0 0 9 7
S Lowzxsixty, NEWMAN. R21s & AXEI. RAD Alan S.
Rosenthal, Esq.
Dr. John H. Buck Dr.
W.
Reed Johnson December 18, 1980 page Two As reflected in paragraph 5 of the Stipulation, the three parties have stipulated that the materials transmitted by the Staff on November 24, 1980, i.e.,
the letter to Licensee dated October 14, 1980 from the NRC's Office of Inspection and Enforcement, Region V, and its enclosure, the " Regional Evaluation of Trojan, September 1979 through August 1980," can be admitted to the record.
In light of the Stipulation, the three parties believe that the issue raised in the Appeal Board's Order of December 9, 1980, may now be moot and that further pleadings fror Licensee and Oregon contemplated by that Order are no longer necessary.
In any event, the NRC Staff is filing today the pleading required by the Appeal Board's Order.
To avoid unnecessary additional plead-ings, however, the parties jointly request that (1) the Appeal Board defer the filing of responsive pleadings by Oregon and Licensee until it has had an opportunity to review the Stipulation, and (2) upon the completion of such review the Appeal Board will either inform the parties of its approval of the stipulated condition or provide Oregon and Licensee a reasonable period (e.a.,
10 days after service of a Supplementary Order) to respond to the NRC Staff's pleading.
3 Respectfully submitted, Maurice Axelrad MA/jg i
l Attachment i
cc:
Atomic Safety and Licensing Appeal Board Service List l
l l
T l
l
,m
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
PORTLAND GENERAL ELECTRIC
)
Docket No. 50-344 COMPANY, et al.
)
(Control Building Proceeding)
)
(Trojan Nuclear Plant)
)
STIPULATION AND MOTION CONCERNING ACCELERATED REPORTING REQUIREMENTS 1.
In accordance with 10 CFR S 2.759, which encourages the settlement of disputed matters among contesting parties, Portland General Electric Company (Licensee), the Staff of the Nuclear Regulatory Commission (NRC Staff) and the State of Oregon (Oregon) have reviewed the sole contested matter in this proceeding pending on appeal before this Appeal Board, namely the issues concerning certain accelerated reporting requirements raised in Oregon's Exceptions of September 23, 1980, and in Oregon's Brief on Exceptions dated October 22, 1980.
2.
In light of their review, the three named parties have agreed on a license condition (set forth in paragraph 6 of this Stipulation and Motion) which will resolve such sole contested matter in this proceeding to the satisfaction of those parties.
The stipulated license condition will, in f
l accordance with the position taken on appeal by Oregon, require accelerated reporting by Licensee during the modification work a
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< of any evaluations performed under 10 CFR S 50.59 as a part of the modification program.
That license condition also will satisfy the concerns of the NRC Staff, expressed in its Brief in Response to Oregon's Appeal, dated December 8, 1980, relating to matters discussed in the letter dated October 14, 1980 from the NRC's Office of Inspection and Enforcement, Region V, to Licensee, and its enclosure, the " Regional Evaluation of Trojan -
September 1979 through August 1980."
Those -documents were transnitted to this Appeal Board by the NRC Staff on November 24, 1980.
In the interest of resolving the issues raised by Oregon expeditiously and avoiding any further unnecessary plead-ings and litigation concerning matters which are capable of being settled cooperatively, Licensee has agreed to accept the stipulated condition.
3.
The license condition stipulated among the parties is similar to Oregon's proposed license condition (1) /
con-tained in its proposed findings of f act and conclusions of the stipulated condition- /
law dated May 19, 1980.
- However, i
differs from Oregon's proposal in order to (1) make clear the f
intent of Oregon that the accelerated reporting recuirements apply only to evaluations relating to the modification program performed during the program, and (2) remove reference to an inapplicable technical specification.
- /
Oregon is no longer seeking its proposed license condition (2).
--**/
The stipulated condition number is 2.C.(12) (not 2.C. (11) )
in order to reflect the actual number used when the license was amended as a result of the Initial Decision (Amendment No. 47 to Operating License NPF-1, dated July 2;, 1980).
L If the Appeal Board issues an order which imposes the
/
stipulated conditien, Oregon agrees (1) to waive its request for oral argument on its appeal, and (2) to waive any further rights or appeals based on its exceptions of September 23, 1980, and its appeal brief of October 22, 1980.
The three named parties also agree that, should the Appeal Board not accept the stipulated condition or should the Appeal Board impose any modified or additional related conditions, none of the parties has waived any rights which it now has with respect to Oregon's appeal.
5.
In view of their agreement to the stipulated con-dition, and in order to obviate any question relating to the completeness of the record, the three named parties further stipulate to the admission of the October 14 letter and its enclosure to the record by the Appeal Board the limited purpose of supporting the stipulated condition.
6.
The three named parties hereby move the Appeal Board i
(1) to reopen the record in this proceeding to admit the October 14 letter and its enclosure and this Stipulation and Motion Concerning Accelerated Reporting Requirements, and (2) to modify the introductory portion of Condition 2.C. (12) to read in accordance with the following stipulated language:
" (12) Control Building Modifications.
The Licensee is authorized to and shall proceed with modifications to the Control Building in order to restore sub-stantially the originally intended design margins.
The modification program shall be accomplished in l
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. accordance with PGE-1020, " Report on Design Modi-fications'for the Trojan Control Building", as revised through Revision No.
4, and as supplemented by PGE Exh. 27 (Licensee's Testimony ("Broehl, et al.") on Matters Other Than S tructural Adequacy o? Ehe Modified Complex, March 17, 1980).
Any deviations or changes from the foregoing documents shall be accomplished in accordance with the pro-visions of 10 CFR part 50.59.
Prior to completion of the modification, any reports under this con-dition required by 10 CFR 50.59(b) shall be made to the NRC for information in accorcance witn tne following schedule:
(i)
Any deviations or changes which require or cause the Licensee to perform calculations to ensure conpliance with 10 CFR 50.59 shall be reported prior to commencement of the deviations or changes.
(ii)
All other deviations or changes shall be reported within fourteen (14) days after the Licensee initially decides to implement them.
(iii)
A copy of all reports submitted to the NRC pursuant to 10 CFR 50.59 shall be sent to the Office of Nuclear Reactor Regulation.
The Control Building modification program shall further be subject to the following:"
Respectfully submitted, Counsel for Licensee MAURICE AXELRAD ALBERT V.
CARR, JR.
Lowenstein, Newman, Reis & Axelrad 1025 Connecticut Avenue, N. W.
Washington, D.
C.
20036 RONALD W. JOHNSON Assistant General Counsel Portland General Electric Company 121 S. W. Salmon Street Portland, Oregon 97204 By Date:
s
,,4
4 t Counsel for NRC Staff JOSEPH R. GRAY Office.of the Executive Legal Director U. S. Nuclear Regulatory Co==ission Washington, D. C.
.20555 4
By Date:
Counsel for State of Oregon FRANK W. OSTRANDER, JR.
Assistant Attorney General State of Oregon Department of Justice 500 Pacific Building 520 S. W. Yamhill Portland, Oregon 97204 By
-Date:
i
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD i
In the Matter of
)
)
PORTLAND GENERAL ELECTRIC COMPANY, )
Docket No. 50-344 et al.
)
(Control Building
)
Proceeding)
(Trojan Nuclear Plant)
)
CERTIFICATE OF SERVICE I hereby certify that a copy of the lettet from Maurice Axelrad to the Atomic Safety and Licensing Appeal Board, dated December 18, 1980, and of the Stipulation and. Motion Concerning Accelerated Report-ing Requirements, were served on the following by deposit in the United States mail, first class and postage prepaid, this 18th day of December, 1980, or, in the case of those marked by an asterisk, by arrangement for personal delivery thereto:
Alan S.
Rc=enthal, Esq., Chairman
- Dr. Kenneth A.
McCollon, Esq.
Atomic Safety and Licensing Appeal Division of Engineering, Board Architecture and Technology U.
S. Nuclear Regulatory Commission Oklahoma State University Washington, D.
C.
20555 Stillwater, OK 74074 Dr. John H. Buck, Member
- Dr. Hugh C. Paxton Atomic Safety and Licensing Appeal 1229 - 41st Street Board Los Alamos, NM 87544 U.
S.
Nuclear Regulatory Commission Washington, D. C.
20555 Atomic Safety and Licensing Board Panel Dr.
W. Reed Johnson, Member
- U.
S. Nuclear Regulatory Commission i
Atomic Safety and Licensing Appeal 1:ashington, D. C.
20555 Board U.
S. Nuclear Regulatory Commission Atomic Safety and Licensing l
Washington, D.
C.
20555 Appeal Panel U.
S. Nuclear Regulatory Commission Marshall E.
Miller, Esq., Chairman Washington, D. C.
20555 Atomic Safety and Licensing Board U.
S. Nuclear Regulatory Commission Docketing and Service Section Washington, D. C.
20555 Office of the Secretary U. S. Nuclear Regulatory Commission Columbia County Courthouse Washington, D. C.
20555 i
Law Library, Circuit Court Rocm
(
St. Helens,' OR 97051 i
t I
-.-,._...,--,._,.~..-.-.m_
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Joseph R.
Gray, Esq.*
Ms. Nina Bell Counsel for NRC Staff 3926 N.
E.
12th Avenue U. S. Nuclear Regulatory Commission Portland, OR 97212 Washington, D. C.
20555 Mr. John A.
Kullberg Ronald W.
Johnson, Esq.
15523 S.
E.
River Forest Drive Assistant General Counsel Portland, OR 97222 Portland General Electric Company 121 S.
W.
Salmon Street Mr. David B. McCoy Portland, OR 97204 348 Hussey Lane Grants Pass, OR 97526 Frank W.
Ostrander, Jr., Esq.
Assistant Attorney General Ms. C.
Gail Parson State of Oregon P.O. Box 2992 Department of Justice Kodiak, AK 99615 500 Pacific Building 520 S.
W.
Yamhill Mr. Eugene Rosolie Portland, OR 97204 Coalition for Safe Power 215 S. E.
9th Avenue William Kinsey, Esq.
Portland, OR 97214 Bonneville Power Administration P.O. Box 3621 Dr. Harold I.
Laursen Portland, OR 97208 1520 N. W.
13th Corvallis, OR 97330 A
i e
2 y -
Lcwenstein, Newman,'R'eis &
Axelrad
/
1025 Connecticuf' Avenue, NW Washington, D. C.
20036 (202) 862-8400 Dated:
December 10, 1980 4
.