ML19344D692

Submits Addl Info in Support of 800206 Request for Extension to Review ALAB-573 Class 9 Accident Issue.Lack of NRC Opposition to Ok Request & Recent Proliferation of Info Support Extension

ML19344D692
Person / Time
Site:	Black Fox
Issue date:	03/18/1980
From:	Cartwright J, Rogers C OKLAHOMA, STATE OF
To:	Ahearne J, Hendrie J, Kennedy R NRC COMMISSION (OCM)
References
ALAB-573, NUDOCS 8004280030
Download: ML19344D692 (3)

Text

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JAN Earc CARTWRIGHT ATTORNEY GENERAL STArn or OKLAHOMA STATE CAPITOL. OKLAliOM A CITY. OKLAllOM A 73105 -p g March 18, 1980 9 g DOCKETED ll USNRO 4

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John F. Ahearne, Chairman ---

Joseph M. Ilendrie, Commissione1 Richard T. Kennedy, Commissioner kW

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Officc of the Sectalef Docketing & Sctdm Victor Gilinsky, Commissioner Peter A. Bradford, Commissioner

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United States Nuclear Regulatory Commission 4 4 Washington, D. C. 20555 RE: Oklahoma's Request for Time to Discover Staff's Basis for Position and to Further Reply--(Black Fox Station, Units 1 and 2), Docket Nos. STN 50-556 and STN 50-557 Gentlemen:

On December 7, 1979 the Appeal Board assigned to the Mr.tter of the Application of Public Service Company of Oklahoma, Associ-ated Electric Cooperative, Inc., and Western Farmers Electric Cooperative, Inc. -1/ (Black Fox Station, Units 1 and 2), Docket Nos. STN 50-556 and STN 50-557, issued ALAB-573, which among other things, directed the Conmission Staff to advise the Com-mission whether or not Staff was of the opinion that Class 9 accidents should be considered in the matters involved in the -

first phase of the Construction Permit proceed'ng. Staff, pur-suant to that direction, filed a Ste.tement or Position 2/ on January 7, 1980. On January 17, 1980 the Intervenors resp'onded 3/

1/IIereinafter collectively referred to as " Applicants."

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2/ Staff Statement of Position on Need to Consider Class 9 Events Pursuant to Direction in ALAB-573.

~3/Intervenors' (CASE, Younghein, Burrell) Response to Staff State-ment of Position on Need to Consider Class 9 Evens Pursuant to Direction in ALAB-573.

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Nuclear Regulatory Commission March 18, 1980 Page 2  !

to that statement, followed by Oklahoma's response 4/ on February 6, 1980 and Applicants' response 5/ on February F1, 1980.

As part of Oklahoma's initial response it was requested the Com-mission allow an opportunity for Oklahoma to discover the bases for the positions taken. 6/ It was shown that Staff had already received an informal doedsent discovery request 7/ from Oklahoma.

On February 26, 1980 Staff responded 8/ to Oklahoma's request for time to discover and make further ~esponse and indicated it had no objection to either request. 9/ Oklahoma was informed on March 17, 1980 by Staff Counsel that a stack of material approx-imately one and one-half feet thick has been accumulated in response to our requests for information and is expected to be placed in priority mail either that day or March 18, 1980.

On February 21, 1980, the Commission issued CLI-80-3, 10 NRC

, which stated, among other things, that the Commission 4/ State of Oklahoma's Response to Staff Statement of Position on

~Need to Consider Class 9 Events Pursuant to Direction in ALAB-573 and Request for Time to Discover Basis for Facts Asserted by Staff and Opportunity to Reply.

5/ Applicants' Response to Inquiry by Appeal Board Concerning the Need to Consider the Consequences of Class 9 Accidents in this Proceeding.

6/Sec Oklahoma's Response to Staff Statement of Position, p. 8.

7/ Appendix B to Oklahoma's response was a copy of a letter, dated

~ January 24, 1980 to Staff Counsel, together with that letter's enclosure. Subsequent to that date, Oklahoma has supplemented its request for three other items that Staff has agreed to pro-vide.

8/NRC Staff Response to State of Oklahoma's Request for Time to

~Discover and Other Relief.

9/Id., at 7 where Staff stated:

" Insofar as the State requests that it be given leave to respond to the technical bases for the Staff's January 7, 1980 submission following receipt of the material requested through discovery, we interpose no objection to this request."

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Nuclear Regulatory Commission March 18, 1980 Page 3 would extend its time "to review or address the issue in ALAB-573 captioned 'Considerat ion o f " Class 9 Accident s"' ...until March 21, 1980." In light of Oklahoma's outstanding request for time to discover the bases and reply further to Staff's January 7, 1980 Statement of Position, and, in light of the lack of Staff opposition to that request, and finally, in view of the fact the information is just now becoming available to Oklahoma, we believe these facts are relevant for the Commis- ur sion's consideration in its decision to extend further its time to review or address the ALAB-573 Class 9 Accident issue.

Sincerely, JAN ERIC CARTWRIGilT ATTORNEY GENERAL OF OKLAllOMA k.

CIIARLES S. ROGERS ASSISTANT ATTORNBY GENERAL ATTORNEYS FOR Tile STATE OF OKLAIIOMA JEC/CSR:mj ces: Stephen S. Ostrach, Esquire, OGC Richard S. Salzman, Esquire, ASLAB W. Reed Johnson, ASLAB Jerome E. Sharfman, Esquire, ASLAB Sheldon J. Wol fe, Esquire, ASLB Fredrick J. Shon, ASLB Paul Purdom, ASLB L. Dow Davis, Esquire, NRC Staff Joseph Farris, Esquire, Intervenors Andrew T. Dalton, Esquire, Intervenors Joseph Gallo, Esquire, Applicant MilB Technical Associates

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