ML19343B703

From kanterella
Jump to navigation Jump to search

Order Directing NRC to File Supplemental Memorandum on Question of Board Authority to Decide Appeal on Basis of Matter Not Included in Record Underlying ASLB Decision. Memorandum Due by 801218
ML19343B703
Person / Time
Site: Trojan File:Portland General Electric icon.png
Issue date: 12/09/1980
From: Bishop C
NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
To:
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
TAC-13152, NUDOCS 8012300128
Download: ML19343B703 (2)


Text

u s'

.r

~.

'r4

/

r

/

UNITED STATES OF AMERICA g,/

'.i NUCLEAR REGULATORY COMMISSION

/

c' ATOMIC SAFETY AND LICENSING APPEAL BOARD I7

[~.

k

-..*7'- ] ey g j Administrative Judges:

q

.?; j s-Alan S. Rosenthal, Chairuan Dr. John H. Buck gg/ 4.4 Dr. W. Reed Johnson C 't..

)

In the Matter of

)

)

PORTLAND GENERAL ELECTRIC COMPANY,

)

Docket No. 50-344

-- --et al.

)

l

)

(Control Building) l (Trojan Nuclear Plant)

)

)

ORDER

.' o' December 9, 1980 In its brief in response to the State of Oregon's appeal from the Licensing Board's July 11, 1980 initial decision in this proceeding, b/ the NRC staff advances the following con-clusion (at p. 20) :

(T]he Licensing Board did not err in refusing to require accelerated reporting of changes to Control Building modifications and proce-dures under 10 CFR 8 50.59 but * *

  • new in-formation identifying inadequacies in the Licensee's change review process indicates that the accelerated reporting proposed by Oregon could increase the level of assurance of safety for changes to the authorized Con-trol Building modifications and procedures.

Accordingly, the relief sought by Oregon 1

should be granted._2,/

l

--1/

LBP-80-20, 12 NRC 77.

Oregon's motion for reconsideration of portions of that decision was denied. in an unpublished order entered on September 4, 1980.

l 2/

The alleged new information is discussed at pp. 15-16 of the brief.

9F*2 S# /

Fof2300/2r g

i j

2-The staff does not specifically suggest that the record be reopened to receive the alleged new information.

Neither, however, does it illume the foundation for its seeming belief that we are nevertheless empowered to take account of the information in passing upon the Oregon appeal.

The staff is hereby directed to file a supplemental memo-randum on the question of our authority to decide Ehe appeal on the basis of matter not included in the record underlying the Licensing Board's decision.

The memorandum shall be due on or before December 18, 1980.

Responses thereto may be filed by the licensees and Oregon on or before January 2, 1981.

Those responses may also address the merits of the staff's assertion that the new information warrants granting the re-lief which Oregon seeks (whether or not that relief might be justified by the existing record).

.It is so ORDERED.

FOR THE APPEAL BOARD O. 1-3 1 -1 C. Jef Bishop T

Secret)ary to the Appeal Board Dr. Buck did not participate in this order.

__