ML19341A480
| ML19341A480 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 12/15/1980 |
| From: | Ketchen E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Edmondson P AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 8101230629 | |
| Download: ML19341A480 (1) | |
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3 December 15, 1980 3
"R es Docket llos. 50-369/370 a,
Ch Mrs. Patricia Ednondson 9
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Dear Mrs. Edmondson:
Your letter dated October 2,1980 to the Nuclear Regulatory Comnission,
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received on October 8,1980 has been referred to me for response.
You express concerns about emergency and evacuation plans to be implemented for the McGuire Nuc. ear facility.
Cn November 25, 1930, the presiding Atomic Safety and Licensing Board issued an order (copy enclosed) which reopens the McGuire operating license proceedings. One of the issues to be considered in the reopened hearings concerns whether the McGuire facility meets the Cosmission's emergency planning regulations. Wi th respect to your concerns, the NRC Staff is currently reviewing Duke's evacuation plans for the McGuim facility to detemine whether they meet the emergency planning requirements of the 'J.S. Nuclear Regulatory Commission as set forth in 10 CFR Part 50 of the Connission's regulations.
If you nave furthbe questions regarding this matter, you may contact the undersigned at (301) 492-7502.
Sincerely, CD SD 6
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u,%,%r Edward G. Ketche Counsel for NRC f
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Enclosure:
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DISTRIBUTION:
Robert M. Lazo, Esq.
Docket Room Dr. Enneth A. Luebke LPDR Dr. Cadet H. Hand, Jr.
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J. Michael McGarry, III. Esq.
Shapar/Engelhardt/Christenbury William L. Porter, Esq.
Toontellotte Mr. Jesse L. Riley Ketchen Atomic Safety & Licensing Board PafBhhndler 54 I
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... UNITED STATES,0F APERICA NUCLEAR.. REGULATORY CO!! MISSION ATOMIC SAFETY.AND LICENSING BOARD Robert M. Lazo, Esq., Chairman Dr. E=neth A. Luebke, Member Dr. Cadet H. Hand, Jr., Member In the Matter of
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DUKE POWER COMPA!"I
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Docket Nos. 50-369-OL
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50-370-OL (William B. McGuire Nuclear
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Station, Uni:s 1 and 2)
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November 25, 1980 MEMORANDUM AND ORDER REGARDING gefc/,3 de b CESG's MOTION TO REOPEN RECORD gf I.
INTRODUCTION
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On August 15, 1980, Carolina Environmental Study Group
("CESG") filed a Revised Motion to reopen the McGuire hearing record to consider conten: ions related to the matter of hydrogen-generation con:rol arising out of the Three Mile Island 2 (TMI-2) accident.
Earlier, on July 29, 1980, the Atocic Safety and Licensing Board (Licensing Board) had granted CESG ten (10) days to submit a revised motion meeting the requirements for reopening a record, and to reframe its conten: ions in accordance with the guidance recently provided p!c%pp QOl2 L 2 WTA
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. by the Commission for taking TMI-2 related issues into account in operating license proceedings.1/
CESG's revised motion (1) discusses the requirements for reopening a record', (2) submits four proposed con entions related to hydrogen-generation control, and (3) requests the Licensing Eoard to deny Applicant's request for authorization to load fuel and conduct low power testing under NTOL requirements.1'/
In its response of September 3, 1980 to CESG's revised motion, Applicant argued that CESG has failed to mee: s t andards regarding reopening the record, CESG's Contentions 2, 3 and 4 are deficient, and that the Board should deny the revised motion.
El Duke Power Company (William B. McGuire Nuclear Station, Units 1 and 2), Memorandum and Order, Slip Op. (July 29, 1980).
In previous proceedings in this case, the Licensing Board issued an Initial Decision on April 18, 1979 (i.e., LEP-79-13, 9 NRC 489 (1979)) but stayed the effectiveness of the Initial Decision "until further order by the Board following the issuance of a Supplement to the NRC Staff's Safety Evaluation Report addressing the significance of any unresolved generic safety issues."
Ibid at 547-48.
SER, Succlement 3, which addressed the signE?feance of the unresolved safety issues as they relate to the McGuire facilities, was published in May 1980.
Based on issuance of SER, Supplement 3, on May 30, 1980, Duke Power Company (" Applicant").iled a motion to terminate the stay of the Initial Decision.
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1 NTOL refers to the "near-term operating license" provisions specified in NUREG-0694, "TMI Related Requirements for New Operating Licenses." (June 1980).
These requirements are set forth in "Further Com=ission Guidance for Power Reactor Operating Licenses; Statement of Policy," (45 Fed. Reg. 49738; June 20, 1980).
t In a response filed on September 4, 1980, the Staff took the position that the Licensing Board should defer ruling on CESG's Revised Mo:10n with respect to hydrogen-generation control matters until resolution of a motion for reconsideration of CLI-80-161/
then pending before the Co==ission in Metrooolitan Edison Company (Three Mile Island Nuclear S:ation, Unit No. 1), Docke: No. 50-289-SP (Restart).
On September 26, 1980, the Cont.ission issued an Order denying the motion for reconsideration.
In a conference call of October 28, 1980, the Board recuested positions from the parcies on this ma:cer.
Responses filed by the Applican on November 3,1980 and by the Staff'and CESG on Nove=ber 7,1980, cake it clear that none of the parties believe that the Co==ission's Order of Septe=ber 26, 1980 has a direct bearing on the issue of whesher CESG's motion to reopen should be granted, ra:her the decision was of assistance in ascertaining the scope of the hearing once it has been deter =ined whether such would be necessary. We agree.
We have carefully considered the filings of all of the parties and concluded that the operating license proceeding must be reopened to hear evidence on the hydrogen-genera: ion control matter.
ll CLI-80-16 is the Com=ission's decision regarding certified hydrogen-related questions in the Three Mile Island, Unit No. 1 restart proceeding, 11 NRC 674 (May 16, 1980).
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4 J Accordingly, Applicant's " Motion to Ter=inate Stay of Initial Decision" dated May 30, 1980 is denied, and CESG's August 15, 1980 Revised Motion to reopen the operating license proceeding, is gran:ed.
II.
DISCUSSION A Licensing Board has the discre: ion to recpen a record if the motion to reopen is timely, addresses a significant safety or environmental issue, and might hae? recuired a differen: result to be reached if the newly proffered ma:erial had been considered initially.
See Pacific Gas and Electric Cot:anv (Diablo Canyon Nuclear Power Plan:, Units 1 and 2), ALAS-598, 11 NRC 876, 879 (1980); Vermon: Yankee Nuclear Power Corporation (Vermon: Yankee Nuclear Power Station) ALAB-138, 6 AEC 520, 523-24r(1973).
We have considered the motion to reopen in the light of those standards as well as in the context of the Initial Decision issued on April 18, 1979 and the record upon which it rests.
In our judgment CESG's proposed contentions related to the matter of hydrogen-generation control arising out of the Three Mile Island 2 (TMI-2) acciden may well shed significant light upon key safety findings which are required to be made before operation of McGuire Units 1 and 2 could be authorized.
The matter has obvious safety implications and CESG's motion was made with reasonable dispatch after it became apparen that w.
- analyses conducted since the TMI-2 accident demonstrate that the Co=.ission and others recognize tha: the question of hydrogen-generation control is a significant one.
Accordingly, we grant the motion to reopen on this issue and admit CESG's Revised Contentions 1-4 to be adjudicated at a hearing on a full-te=, full-power operating license for McGuire, Units 1 and 2.
I: is so OF3EPID.
FOR THE ATOMIC SAFETY AND LICENSING BOARD N.
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Recer: M. La'o, C~nal g.~
Dated at Bethesda, Maryland this 25th day of November 1980.
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