ML19344A388

Response in Opposition to Tx Association of Community Organizations for Reform Now 800804 Objections to NUREG- 0694 Application.Contentions Must Be Considered Per Commission Policy Statement.Certificate of Svc Encl

ML19344A388
Person / Time
Site:	Comanche Peak
Issue date:	08/14/1980
From:	Horin W, Reynolds N DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC)
To:	Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8008200060
Download: ML19344A388 (6)

Text

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UNITED STATES OF AMERICA - --

NUCLEAR P.EGULATORY CCMMISSION

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BEFORE THE ATCMIC SAFETY A'iD LICENSING BOARD  : ..

In the Matter of )

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TEXAG UTILITIES GENERATING ) Docker Nos. 50-445 COMPANY, et al. ) 50-446

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(Comanche Peak Steam Electric ) (Application for Station, Units 1 and 2) ) Operating License)

APPLICANTS' RESPCNSE TO ACORN'S OBJECTION TO THE APPLICATION OF NUREG-0694 TO THE COMANCHE PEAK LICENSING PROCEEDING Texas Utilities Generating Company, et al. (" Applicants"),

hereby submit Applicants' response to Texas Association of Ccmmunity Organizations for Reform Now (" ACORN") objections filed August 4, 1980 to the ac. clication of NUREG-0694 _1/ to this proceeding. For the reasons set forth below, Applicants submit that the Atomic Safety and Licensing Board ("3 card")

should reject ACORN's objections.

THE BOARD LACRS JURISDICTICN TO CONSIDER ACORN'S OBJECTIONS Atomic Safety and Licensing Boards may conduct only such hearings as the Commission itself directs. Such Scards exercise only such powers and censider only such iss>es as the Commission determines. Section 191 cf the Atomic Energy Act of 1954, as amended, 42 U.S.C. 52241 (a) ; See Public Serrice Ccepany of 1/ "TMI-Related Requirements for New Operating Licenses,"

NUREG-Oo94 (June 1978) ("NUREG-0694").

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l Indiana, Inc. (Marbl9 Hill Nuclear Generating Station, Units 1 and 2), ALAB-316, 3 NRC 167, 170 (1976). Thus, Boards may not disregard the directives or statements of policy of the Commission, and a party seeking action contrary to Commission directives or policies must seek such action from the Commission itself. See Northern Indiana Public Service Company (Bailly Generating Station, Nuclear 1), ALAB-303, 2 NRC 858, 870 (1975).

Accordingly, it is beyond the authority of Boards to disregard a Commission directive or policy concerning the treatment of particular issues in licensing proceedings.

Against this background of law, it is clear that ACORN's objection directed to this Board is inappropriate and should be denied. The list of operating license requirements set forth in NUREG-0694 was established by the Commission in its recent Policy Statement 2/ as:

the principal basis for consideration of TMI-related issues in the adjudica-tory process.

[ Policy Statement at 6.]

Further, the Commission decided that the requirements set forth in NUREG-0694 are "necessary and sufficient for responding to the TMI-2 accident," and that current operating license applica-tions (such as Comanche Peak) are to be " measured against the regulations, as augmented by these requirements." 3/

i 2/ "Further Commission Guidance for Power Reactor Operating Licenses, Statement of Policy," June 16, 1980 (" Policy Statement"), reprinted at 45 Fed. Rec. 41738 (June 20, 1980).

3/ Id. at 5 (footnote omitted).

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Thus, the Commission has set forth its policy regarding the role of NUREG-0694 in operating license proceedings. This Board is bound by the Policy Statement and has no jurisdiction to consider ACORN's objection to the application of NUREG-0694 to the instant proceeding.

THE COMMISSION'S PCLICY STATEMENT GOVERNS THE CONSIDERATICN OF TMI-2 RELATED ISSUES IN THIS PROCEEDING As set forth in the Ccmmission's Policy Statement, the requirements in NUREG-0694 are to serve as the principal basis for consideration of TMI-2 related requirements in operating license proceedings. The Commission has grouped t.ose requirements into the following two categories:

(1) those that interpret, rifine or quantify the general language of existing regulations, and (2) those that supplement existing regulations by imposing require-ments in addition to specific ones already contained therein. 4/

With respect to the first category of require =ents, Licen-sing Boards may address whether those requirements are either unnecessary or insufficient. As for the second category of requirements, those may be litigated only to the extent that they are unnecessary or are not being ccmplied with; scards may not entertain contentions asserting that additional require-

=ents are necessary. 5/

4,/ Id. at 7.

_5/ Id. at 7-8.

In the instant proceeding, ACORN's contentions which raise TMI-2 related issues are litigable only to the extent that they are consistent with the Commission's Policy State-ment. ACORN seems to contend that each of its TMI-2 related i

contentions should be considered to fall within the first category of requirements set forth by the Commission. In i fact, the precise issues raised in those contentions must be

! examined in light of NUREG-0694, and to the extent ACORN raises issues excluded from litigation by the Policy Statement, those issues must be dismissed from the proceeding. These questions will be decided daring the course of this proceeding.

Accordingly, the Board should affirm the binding effect of the Commission's Policy Statement on this proceeding.

CONCLUSI _ON The Board should reject ACORN's objections to the appli-4 cation of NUREG-0694 to this proceeding and affirm that all TMI-2 related contentions will be considered in accordance with the Commission's Policy Statement regarding censideration of such issues in individual operating license proceedings.

Respect # y submitted, Nicholah S(' Reynolds J

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William A. Horin Debevoise & Liberman 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 (202) 857-9917 Counsel for Applicants August 14, 1980

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

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TEXAS UTILITIES GENERATING ) Docket Nos. 50-445 COMPANY, -et al. ) 50-446

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(Comanche Peak Steam Electric ) (Application for Statien, Units 1 and 2) ) Operating License)

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " Applicants' Response To ACORN's Objection To The Application Of NUREG-0694 To The Ccmanche Peak Licensing Proceeding," in the captioned matter were served upon the following persons by deposit in the United States mail, first class postage prepaid this 14th day of August, 1980:

Valentine B. Deale, Esq. Chairman, Atomic Safety and Chairman, Atomic Safety and Licensing Appeal Panel Licensing Board U.S. Nuclear Regulatory 1001 Connecticut Avenue, N.W. Commission Washington, D.C. 20036 Washington, D.C. 20555 Dr. Forrest J. Remick, Member Marjorie Ulman Rothschild, Esq.

Atomic Safety and Licensing Office of the Executive Board Legal Director 305 E. Hamilton Avenue U.S. Nuclear Regulatory State College, Pennsylvania 16601 Commission Washington, D.C. 20555 Dr. Richard Cole, Member Atomic Safety and Licensing David J. Preister, Esq.

Board Assistant Attorney General U.S. Nuclear Regulatory Environmental Protection Commission Division Washington, D.C. 20555 P.O. Box 12548 Capitol Station Chairman, Atomic Safety and Austin, Texas 78711 Licensing Board Panel U.S. Nuclear Regulatory Mr. Richard L. Fouke Ccmmissien CFUR Washington, D.C. 20555 16683 Carter Drive Arlington, Texas 76010

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Arch C. McColl, III, Esq. Mr. Geoffrey M. Gay 701 Ccenerce Street West Texas Legal Services j Suite 302 100 Main Street (Lawyers Bldg.)

Callas, Texas 75202 Fort Worth, Texas 76102 l

Jeffery L. Hart, Esq. Mr. Chase R. Stephens 4021 Prescott Avenue Docketing & Service Branch j Dallas, Texas 75219 U.S. Nuclear Regulatory

Commission l Mrs. Juanita Ellis Washington, D.C. 20555 President, CASE 1426 South Folk Street

! Dallas, Texas 75224

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. William A. Horin i

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1 l cc: Homer C. Schmidt j Spencer C. Relyea, Esq.

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